Agenda - Council - 03/26/2013 - Laserfiche WebLink

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h. Constructing Site Maintenance. PERMITTEE shall adhere to all CITY ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. i. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as to Stage I and Stage II Improvements, unless qualified as fixed amounts, are estimated. PERMITTEE agrees to pay each portion of the entire cost of said improvements including interest, engineering and legal fees related thereto. J- Plat Approval Expenses. 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. PERMITTEE agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 1. Marketable Title. Prior to recording of the Final Plat, 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 Agreement 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 PERMITTEE to provide proof of authority by their respective governing boards to execute this Agreement. 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. Recording of This Contract. PERMITTEE shall record this Agreement in the office of the Anoka County Recorder. PERMITTEE agrees that the terms and provisions of this Agreement shall run with the land and shall bind the parties. Upon performance of PERMITTEE'S obligations under this Agreement and after one (1) year warranty and acceptance by the CITY that all Stage I Improvements, Stage II Improvements, and all requirements contained herein as complete, CITY will execute an instrument in recordable form acknowledging the termination of this Agreement within a reasonable timeframe. p- Violation of This Contract. If PERMITTEE fail 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 fmancial guarantees. Breach of any of the terms of this Development Contract by PERMITTEE shall also be grounds for denial of Building Permits for buildings on the Property.