Agenda - Council - 11/09/2004 - Laserfiche WebLink

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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. i. Reimbursement to the CITY. The DEVELOPER agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Development Contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. j. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the CITY with proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. k. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Development Contract shall be defined. as a document issued by the City's Building Official, which authorizes the structure to be used for its intended purposes. 1. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Development Contract 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 Development Contract. in. Proof of Authority. When the DEVELOPER is a corporation, the CITY. requires proof of authority by the corporation to execute this Development Contract. 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. n. Recording of This Development Contract. The DEVELOPER shall record this Development Contract in the office of the Anoka County Recorder and agrees that the terms and provisions of this Development Contract shall run with the land and shall bind the DEVELOPER, its successor and assigns. o. Violation of This Development Contract. If the DEVELOPER fails to perform any of the terms of this Development Contract in the manner required by the CITY, the CITY shall be entitled to recover, from the DEVELOPER or the issuer of the DEVELOPER'S financial guarantee, the full amount of any and all financial guarantees. Breach of any of the terms of this Development Development Contract by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in the Plat. P. Development Contract Binding On Successors and Assigns. The DEVELOPER agrees that this Development Contract shall be binding upon its successors and assigns. 19. Requirements for Building and Occupancy Permits. No building permit for the Subject Property shall be issued until: (a) a Class 5 driving surface is installed to within 300 feet Ramsey Town Center 3rd Addition Development Contract Page 8 of 11 Pages