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19. <br /> <br />20. <br /> <br />21. <br /> <br />22. <br /> <br />23. <br /> <br />24. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />Chipped material may be aplied and utilized on site to mitigate root damage <br />from grade changes of the easement or right-of-way and for erosion control <br />and top soil restoration. <br /> <br />Dumoing of Garbage. The DEVELOPER shall adhere to all City ordinances <br />rel4tting to, but not limited to, dumping of garbage, site development, construction <br />deth'is, open burning, etc. <br /> <br />Estimated Costs. It is understood and agreed that construction cost amounts set <br />forih in this Agreement as Stage I and Stage II Improvements, unless specified as <br />fix~gt amounts, are estimated. The DEVELOPER agrees to pay the entire cost of <br />said improvements including interest, fiscal engineering and legal charges. <br /> <br />Pla t Exoense Reimbursement. The DEVELOPER agrees that it will pay to <br />th~ CITY all CITY expenses incurred in approval of the Plat, including, but not <br />lin~.ted to administration expenses, engineering and legal fees. Said expenses shall <br />be ]mid within fifteen (15) days of billing by the CITY and outstanding billings <br />shall be paid prior to recording of the Final Plat. Any expenses incurred after <br />ree0rding of the Final Plat shall also be paid within said fifteen (15) days billing <br />per~od. Failure to pay the CITY'S expenses with the fifteen (15) day billing <br />period will permit the CITY to draw upon any of the escrows required by this <br /> <br /> con <br /> <br />i for <br />~any <br />fee~ <br /> <br />tract for payment. <br /> <br />mbursement to City. The DEVELOPER agrees to reimburse the CITY <br /> costs incurred by the CITY in defense or enforcement of this Agreement, or <br />iPOrtion thereof, including court costs and reasonable engineering and attorney's <br /> <br /> Notification. The DEVELOPER agrees to notify the CITY of all sales of lots <br /> i within the Plat. <br /> <br /> i Ce~ifieate of Occut~ancv. The term "Certificate of Occupancy" as used in this <br /> ~Ag~ement shall be defined as a document issued by the City's Building Official <br /> ~whi~h authorizes the structure to be used for its intended purposes. <br /> ;Ma~'ketable Title. Prior to recording of the final plat, the DEVELOPER shall <br />~ 'rPro~de to the CITY proof of marketable title to both the Plat either through a <br /> i~:u~ntly certified abstract, registered property abstract or rifle insurance. <br /> :~Pr~'of of Authority. When the DEVELOPER is a Corporation, the CITY <br /> iI'~qliires proof of authority by the corporation to execute this Agreement. This <br /> IP.?z f of authority could be satisfied by providing the CITY with a certified copy of <br /> ~mln nes of the corporate Board of Directors granting such authority. <br /> <br /> :ilnv~.ljdltv of Any One Section. If any portion, section, subsection, sentence, <br /> lelau ~e, paragraph or phase of this Agreement is for any reason held to be invalid by <br /> a eo~n of competent jurisdiction, such decision shall not effect or void any of the <br /> oth~provisions of this Agreement. <br /> <br /> .2Recgrdlne of Develot~ment Aereement. The DEVELOPER agrees that this <br /> DeVgloPMent Agreement shall be recorded in the office of the Anoka County <br /> RecOrder and agrees that the terms and provisions of this Agreement shall be a <br /> eOV~rnant on any and all deeds relative to the property included in the Plat. <br /> <br /> <br />