Agenda - Council - 03/27/1990 - Laserfiche WebLink

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DEVELOPMENT AGREEMENT - ~AUSER ADDITION 10. 11. 12. 13. Dumping of Carbage. The DEVELOPER shall adhere to City Ordinance No. 89-11 which is an Ordinance Regulating the Dumping of Garbage, Site Development and Construction Debris. Reimbursement to City. The DEVELOPER agrees to reimburse the CITY prior to recording of the Final Plat, 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. In addition, the DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in approval of the Plat, including, but not limited to administration expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and shall be fully paid prior to recording of the Final Plat. Any 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 Agreement for payment. Marketable Title. Prior to recording of the final plat the DEVELOPER shall provide to the CITY proof of marketable title to the plat either through a currently certified abstract, registered property abstract or title insurance. Invalidity of Any One Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not effect or void any of the other provisions of this Agreement. Agreement Binding On Heirs, etc. The DEVELOPER agrees that this Development Agreement shall be binding upon their successors and assigns. Breach of any of the terms of this Development Agreement by the DEVELOPER shall be grounds for denial of Building Permits for buildings in the Plat. 4