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Agenda - Council - 03/22/1994
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Agenda - Council - 03/22/1994
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
03/22/1994
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20. Estimated Cost, It is understood and agreed that cost amounts set forth in this <br /> Agreement as Stage I and Stage II Improvements, unless specified as fixed amounts, are <br /> estimated. The DEVELOPER agrees to pay the entire cost of said improvements <br /> including interest, fiscal engineenng and legal charges. <br /> <br />21. <br /> <br />Plat Av_r, roval Exvenses, The DEVELOPER agrees that it will pay to the CITY all <br />CITY expenses incurred in the approval of the Plat, including, but not limited to <br />administration expenses, engineering and legal fees. Said expenses shall be paid within <br />fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to <br />recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall <br />also be paid within said fifteen (15) da)' billing period. Failure to pay the CITY'S <br />expenses within the fifteen (15) da)' billing per/od will permit the CITY to draw upon any <br />of the escrows required by this contract for payment. <br /> <br />22..ReimbursemelM to the Citr, The DEVELOPER agrees to reimburse the CITY for <br /> all costs incurred by the CITY in defense or enforcement of this A~eemenk or any portion <br /> thereof, including court costs and reasonable engineer/ng and attorney's fees. <br /> <br />23. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide <br /> the CITY proof of marketable title to the Plat either, through a currently certified abstract, <br /> registered proper'o., abstract or rifle insurance. <br /> <br />24. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this <br /> A~eement shall be defined as a document issued by the City's Building Official which <br /> authorizes the samcmre to be used for its intended purposes. <br /> <br />25. Invalidity' of Any Section. tf any portion, section, subsection, sentence, clause, <br /> para~aph or phase of this Agreement is for any reason held to be invalid by a court of <br /> competent jurisdiction, such decision shall not effect or void any of the other provisions of <br /> this A~eement. <br /> <br />26. Proof of Authority, When the DEVELOPER is a corporation, the CITY requ/res <br /> proof of authority by the corporation to execute this.A~eement. This proof of authority <br /> could be satisfied by providing the CITY with a certified cop>, of minutes of the corporate <br /> Board of Directors ~anring such authority. <br /> <br /> <br />
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