Agenda - Council - 05/31/2005 - Laserfiche WebLink

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J. Reimbursement to the CITY. The DEVELOPER agrees to reimburse the ~ ITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. K. 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. L. Certificate of Occupancy. The term)'~Certificate of Occupancy" as used in · . :- ', ~.i: .,,. :.'~;.'; ~ . . , this Agreement shall be defined as a document lsS~u~d, by,ffie: CITY s Building Official, which authorizes the structure to be used for its M. Invalidity of Any Sectiom' :'I£1~ny p6~i~ieh,):~i~ ,~subsection, sentence, clause, paragraph or phase of this Agre~meii~ is_t~0~!!a~i'~ re~0~ml i~,tO~e,i':invalid by a court of competent jurisdiction, such dedi'si~i Sh~!l':hot effect~:~6 i:,~f the other ~rov sions of this Agreement' -.;i'¥-:. '~i.?~' :~ .. "%~?):?~i~~ 5 N. Proof of Authority. When the"~~6P~Ris a corporation, the CITY requires proof of authority by the corporation to exeCU~t:~,!h[~}',~eement. This proof of authority may be satisfied by providing~the CIwy with a ~:¢~[~¢~:,~opy of minutes of the c~rporatc Board of Directors granting' sUch authority, O. Recording of ThiS Agreement.' ::The.::, DEVELOPER shall record this Agreement in the office of the ,Anoka County R¢c6rder' and agrees that the terms and provisions of this Agreement shall run With the land and shall bind the DEVELOPER, its successor and assigns. ' ..... ,: P. ViolatiOn of'This Agreement. ff the DEVELOPER fails to perform any o1' the terms of this A~reement 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 6fany and all financial guarantees. Breach of any of the terms o f this Development A~greement bs/the DEVELOPER shall also l~e grounds for denial of Building Permits for 15~uildings in the Plat. Q. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this Development Agreement shall be binding upon its successors and assigns. 29. Requirements ii~'or Building and Occupancy Permits. No building permit for any lot in th~: Plat shall be issued'~ntil: (a) a Class 5 driving surface is installed to within 300 feet of the slructurc; (b) a Certific'hte of Survey, including that survey information required by the CFF¥ has been stipplied to the CITY Building Official; and (c) all the financial guarantees required by the CITY have been satisfied. All foundation approvals will require a certificate of ck:vatio~ verifying that the actual elevation is in compliance with the approved grading and ,.trainagc plan. (d) Permit from the Lower Rum River Watershed Management Organization has been obtained (c) Permit from Anoka County Soil Conservation District has been obtained (f) d]i.s l)evclopmcnt Agreement has been signed 'and received by the CITY. A footings and Ramsey Towh Center 6th Addition Development Contract Page 12 of 15 Pages