Agenda - Council - 10/26/2004 - 10/26/04

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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 to the City. The DEVELOPER agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Permit, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 24. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Permit 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 this Permit. 25. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this Permit. This proof of authority may be satisfied by providing the CITY with a certified copy of minutes of the corporate Board of Directors granting such authority. 26. Violation of This Permit. If the DEVELOPER fails to perform any of the terms of this Permit in the manner required by the CITY, the CITY shall be entitled to recover, from the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of any and all financial guarantees. Breach of any of the terms of this Development Permit by the DEVELOPER shall also be grounds for denial of Building Permit or issuance of Certificate of Occupancy. 27. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this Development Permit shall be binding upon its successors and assigns. IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this day of ,2004. RAMDANCE, LLC CITY OF RAMSEY: By: By: Its: Its: Mayor ATTEST: By: Its: Ci_ty Clerk Ramsey Town Center 3rd Addition RAMDANCE, LLC Development Permit Page 9 of 10