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billing by thc CITY and outstanding billings shall be paid prior to recording of thc Final Plat. <br />Any expenses intruded .at~er recording of the Final Plat shall also be paid within said fifteen <br />(i5) day billing period. Failure to pay the CITY'S expenses within the i~i~een (I5} day <br />billing period will permit the CITY to draw upon any of the escrows required by this <br />contract for payment. - <br /> <br />25. <br /> <br />Reimbursement to the CID'. The DEVELOPER agrees to reimburse the CITY for all <br />costs incurred by the CITY in ciefense or enIbrcement of this A~eernent, or any portion <br />thereof,, including court costs and reasonable enginee~Sng and attorney's fees. <br /> <br />26. <br /> <br />Marketable 'Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the <br />CITY with proof of marketab[e title to the Plat either through a currently certified abstract, <br />registered proper~y abstract or title insurance. <br /> <br />99' <br /> <br />Certificate of Occnpancy The term "Certificate of Occupancy" as used in this A.~eement <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 />28. InvalidiU~ of Any Section. If any portion, section, subsection, sentence, clause, para,apb or <br /> phase of this A~eement is lbr 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 />'29. <br /> <br />Proof of Authority. W'nen the DEVELOPER is a corpo.ration, the CITY requires proof of <br />authority by the corporation to execute this A~eement. 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 ~anting such authority. <br /> <br />30. <br /> <br />Recording of This Agreement. The DEVELOPER shall record this Agreement in the <br />oi:'fice of the Anoka County Recorder and a~'ees that the terms and provisions of this <br />Ag!'eement shall n,m with the land and shall bind the DEVELOPER, its successor and <br />assigns, <br /> <br />3t. <br /> <br />Violation of This Agreement. if the DEVELOPER fails to perfon-n any of the ten-ns of this <br />A~'eement in the manner required by the CITY, the CITY shall be entitled to recover, flora <br />the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the ~II amount of <br />any and ail financial guarantees. Breach of any of the terms of this Development Agreement <br />by the DEVELOPER shall also be ~-ounds for denial of Building Permits for buildings'in <br />the Plat <br /> <br />3'2. <br /> <br />Agreement Binding On Successors and Assigns. 'The DEVELOPER a~ees that this <br />Development Agreement shall be binding u?on its successors and assi~s. <br /> <br />-34- <br /> <br />De,. eiopme,,x .~'.~ree:nenc Villase of Sunfish Lake ..... .4ddkio~ <br /> Page 9 of i. 2 <br /> <br /> <br />