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CITY e~penses incurred in the approval of the Plat, including, but not limited to <br />administration expenses, engineering and legal fees. Said expenses shall be 'paid within <br />fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to <br />recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall <br />also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S <br />expenses within the fifteen (15) day billing period will pem~it the CITY to draw upon any <br />of thclescrows required by this contract for payment. <br /> <br />25. Reimbur~emen! to the City. The DEVELOPER agrees to reimburse the CITY for <br /> all costs incurred by the CITY in defense or enforcement of this AgTeement, or an)' portion <br /> thereof, including court costs and reasonable engineering and attorney's fees. <br /> <br />26. Ma~.ketable Tille, Prior to recording of the Final Plat, the DEVELOPER shall provide <br /> F <br /> the cITy proof of marketable title to the Plat either through a currently certified abstract, <br /> registered Property abstract or title insurance. <br /> <br />27._Cert~ifieate of Occuvancy, The term "Certificate of Occupancy" as used in this <br /> Agreemen~ shall be defined as a document issued by the City's Building Official which <br /> authorizes the structure to be used for its intended purposes. <br /> <br />28.1nvai|dlty of Any Section. If any portion, section, subsection, sentence, clause, <br /> paragraph or phase of this Agreement is for any reason held to be invalid by a court of <br /> competent jurisdiction, such decision shall not effect or void any of the other provisions of <br /> this Agreement. <br /> <br />29. Proo~f of..A~utho, ritv. When the DEVELOPER is a corporation, the CITY requires <br /> proof of authority bv the corporation to execute this Agreement. This proof of authority <br /> could be satisfied by providing the CITY with a certified cop5' of minutes of the corporate <br /> Board of Directors ~m'anfing such authority. <br />30. Bindin~ Idr~on Successors. The DEVELOPER a~ees that this Development <br /> Agreement shall be binding upon the DEVELOPER, its successors and assigns. Breach <br /> of any of the terms of this Development Agreement by the DEVELOPER shall be <br /> grounds for denial of Building Permits for buildings in the Plat. <br /> <br />DEVELOPMENT AGREEMENT - WOOD POND HILLS - 2ND ADDITION <br /> Page 9 of 11 <br /> <br /> <br />