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22. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />30. <br /> <br />31. <br /> <br />prior to clearing and an open burning permit. Residual ash and unburned <br />stumpage may be buried on the site at the direction of the City Engineer. <br />Chipped material may be apphed and utilized on site to mitigate root dxrrmgc <br />from grade changes of the easement or right-of-way and for erosion control <br />and top soil restoration, <br /> <br />Dumping of Garbage. The DEVELOPERS shall adhere to ail City ordinances <br />relating to, but not limited to, dumping of garbage, site development, construction <br />debris, open burning, etc. <br /> <br />Estimated Costs. It is understood and agreed that consn-ucfion cost amounts set <br />forth in this Agreement as Stage I and Stage II Improvements, unless specified as <br />f~xed amounts, are estimated. DEVELOPER B agrees to pay the entire cost of <br />said improvements including interest, fiscal engineering and legal charges. <br /> <br />/'la~ Exnense Reimbursement. DEVELOPER B agrees to pay to the CITY <br />all CITY expenses incurred in approval of the Plat, including, but not limited to <br />administration expenses, engineering and legal fees. Said expenses shall be paid <br />within fifteen (15) days of billing by the CITY and outstanding billings shall be <br />paid prior to recording of the Final Plat. Any expenses incurred after recording of <br />the Final Plat shall also be paid within said fifteen (15) days billing period. Failure <br />to pay the CITY'S expenses within the fifteen (15) day billing per/od will permit <br />the CITY to draw upon any of the escrows required by this contract for payrnenr. <br /> <br />~R¢i .m )u rsement to City. The DEVELOPERS a~ee to reimburse the CITY <br />for all costs incurred by the CITY in defense or enforcement of this Agreement, or <br />any portion thereof, including court costs and reasonable engineering and attorney's <br />fees. <br /> <br />Notification. The DEVELOPERS a~ee to notify the CITY of all sales of lots <br />within the Plat. <br /> <br />Certificate of Oeeul~anev, The term "Certificate of Occupancy" as used in this <br />Agreement shall be defined as a document issued by the City's Building Official <br />which authorizes the structure to be used for its intended purposes. <br /> <br />Marketable Title. Prior to recording of the £mal plat, the DEVELOPERS shall <br />provide to the CITY proof of marketable title to the Plat either through a currently <br />certified absrrm:t, registered property abstract or title insurance. <br /> <br />Proof of Authority. When the DEVELOPERS are a corporation, the CITY <br />requires proof of authority by the corporation to execute this Agreement. This <br />proof of authori~ could be satisfied by providing the CITY with a certified copy of <br />rn~nutes of the corporate Board of Directors granting such authori~. <br /> <br />Invalidity of Any One Sectiorl. If any portion, section, subsection, sentence, <br />clause, paragraph or phase of this Agreement is for any reason held to be invalid by <br />a court of competent jurisdiction, such decision shall not effect or void any of the <br />other provisions of this Agreement. <br /> <br />Recording' of Development Agreement. The DEVELOPERS ~'gree that <br />this Development Agreement shall be recorded in the office of the Anoka Count3' <br />Recorder and agrees that the terms and provisions of this Ag'recreant shall be a <br />covenant on any and all deeds relative to the property included in the Plat. <br /> <br /> <br />