Agenda - Council - 08/13/2012 - Laserfiche WebLink

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h. Constructing Site Maintenance. The PERMITTEE shall adhere to all CITY ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. J. Estimated Cost. It is understood and agreed that cost amounts set forth in this Contract as to Stage I and Stage II Improvements, unless qualified as fixed amounts, are estimated. The PERMITTEE agree to pay the entire cost of said improvements including interest, engineering and legal fees related thereto. Plat Approval Expenses. The PERMITTEE agrees that it will pay to CITY all CITY expenses incurred in the approval of the Plat, including, but not limited to, administration expenses, engineering and legal fees. Said expenses incurred after recording of the Final Plat shall also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. k. Reimbursement to the CITY. The PERMITTEE agree to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 1. Marketable Title. Prior to recording of the Final Plat, the PERMITTEE shall provide the CITY with proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. m. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Contract shall be defined as a document issued by the CITY'S Building Official, which authorizes the structure to be used for its intended purposes. n. Proof of Authority. The CITY requires the PERMITTEE to provide proof of authority by their respective governing boards to execute this Contract. This proof of authority may be satisfied by providing the CITY with a certified copy of the minutes of the governing board of each entity which grants such authority. o. Violation of This Contract. If the PERMITTEE fails to perform any of the terms of this Contract in the manner required by the CITY, the CITY shall be entitled to recover, from the defaultee, or the issuer of their financial guarantee, the full amount of any and all financial guarantees. Breach of any of the terms of this Development Contract by the PERMITTEE shall also be grounds for denial of Building Permits to the PERMITTEE. 16. Requirements for Building and Occupancy Permits. a. No building permit for any lot in the Plat shall be issued until: (a) a Class 5 driving surface is installed to within 300 feet of the structure; (b) a Certificate of Survey, including that survey information required by the CITY has been supplied to the CITY Building Official; c.) all the financial guarantees required by the CITY have been satisfied; d.) a Permit from the Lower Rum River Watershed Management