Agenda - Council - 08/24/1993 - Laserfiche WebLink

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21.Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as State I and Stage II Improvements, unless specified as f~xed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of said improvements including interest, fiscal engineering and legal charges. 22. Plat Ap~roYal Expenses. The DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in the 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 outstanding billings shall be 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 contract for payment. 23. Reimbursement £Q the City. The DEVELOPER agrees to reimburse the CITY for ali costs incmmd by the CITY in defense or enfomement of this Agreement, or any portion thereof,/ncluding court costs and reasonable engineering and attorney's fees. 24. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the CITY proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. 25. Certificate of Occut~ancy. 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. 26. Jnvgliqti!~y of Any Section. If any portion, section, subsection, sentence, clause,4paragraph 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 tkis Agreement. 27. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this Agreement. This proof of authority could be satisfied by providing the CITY with a certified copy of minutes of the corporate Board of D/rectors granting such authority. I I I I I I I I I I I I I I I I I I I