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billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. <br />Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen <br />(15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day <br />billing period will permit the CITY to draw upon any of the escrows required by this contract <br />1bt payment. <br /> <br />34. Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs <br /> incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, <br /> including court costs and reasonable engineering and attorney's fees. <br /> <br />35. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the <br /> CITY with proof of marketable title to the Plat either through a currently certified abstract, <br /> registered property abstract or title insurance. <br /> <br />36. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement <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 />37. h~validity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br /> phase of this Agreement is for 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 />38. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of <br /> authority by the corporation to execute this Agreement. 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 granting such authority. <br /> <br />39. Recording of This Agreement. The DEVELOPER shall record this Agreement in the <br /> ol"ficc of the Anoka County Recorder and agrees that the terms and provisions of this <br /> Agreement shall run with the land and shall bind the DEVELOPER, its successor and <br /> assigns. This agreement will need to be revised when the application for Final Plat is applied <br /> for and approved. <br /> <br />40. Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of this <br /> Agreement in the manner required by the CITY, the CITY shall be entitled to recover, from <br /> the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of <br /> any and ali financial guarantees. Breach of any of the terms of this Development Agreement <br /> by thc DEVELOPER shall also be grounds for denial of Building Permits for buildings in <br /> the Plat. <br /> <br />41. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this <br /> Development Agreement shall be binding upon its successors and assigns. <br /> <br />Town Center Gardens 3ra Addition <br />Development Agreement <br /> Page 11 of 12 <br /> <br /> <br />