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DEVELOPER agrees to pay the entire cost of said improvements including interest, <br />engineering and legal charges. <br /> <br />23. Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all CITY <br /> expenses incurred in the approval of the Plat, including, but not limited to administration <br /> expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of <br /> billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. <br /> Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen <br /> (15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day <br /> billing period will permit the CITY to draw upon any of the escrows required by this contract <br /> for payment. <br /> <br />24. Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs <br /> incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, <br /> including court costs and reasonable engineering and attorney's fees. <br /> <br />25. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the <br /> CITY with proof of marketable title to the Plat either through a currently certified abstract, <br /> registered property abstract or title insurance. <br /> <br />26. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement <br /> shall be defined as a document issued by the City's Building Official which authorizes the <br /> structure to be used for its intended purposes. <br /> <br />27. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br /> phase of this Agreement is for any reason held to be invalid by a court of competent <br /> jurisdiction, such decision shall not effect or void any of the other provisions of this <br /> Agreement. <br /> <br />28. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of <br /> authority by the corporation to execute this Agreement. This proof of authority may be <br /> satisfied by providing the CITY with a certified copy of minutes of the corporate Board of <br /> Directors granting such authority. <br /> <br />29. Recording of This Agreement. The DEVELOPER shall record this Agreement in the <br /> office of the Anoka County Recorder and agrees that the terms and provisions of this <br /> Agreement shall run with the land and shall bind the DEVELOPER, its successor and <br /> assigns. <br /> <br />30. Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of this <br /> Agreement in the manner required by the CITY, the CITY shall be entitled to recover, from <br /> the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of <br /> any and all financial guarantees. Breach of any of the terms of this Development Agreement <br /> by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in <br /> the Plat <br /> <br />Development Agreement/Highlands at River Park 4th Addition <br /> Page 9 of I 1 <br /> <br /> <br />