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2l. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />Estimated Cost. It is understood and agreed that cost amounts set forth in this <br />Agreement as Stage [ Improvements, unless specified as fixed amounts, are estimated. <br />The DEVELOPER agrees to pay the entire cost of said improvements including interest, <br />engineering, and legal charges. <br /> <br />?lat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all <br />CITY expenses incurred in the approval of the Plat, including, but not limited to <br />administration expenses, engineering and legal fees. Said expenses shall be paid within <br />fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to <br />recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall <br />also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S <br />expenses within the fifteen (15) day billing period will permit the CITY to draw upon <br />a ny of the escrows required by this contract for payment. <br /> <br />Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all <br />costs incurred by the CITY in defense or enforcement of this Agreement, or any portion <br />thcr¢o~; including court costs and reasonable engineering and attorney's fees. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide <br />the CITY proof of marketable title to the Plat either through a currently certified abstract <br />or registered property abstract or title insurance. Any other format utilized in determining <br />marketable title shall be subject to the approval of the City Attorney. <br /> <br />Certificate of 6ccupancy. The term "Certificate of Occupancy" as used in this <br />Agreement shall be defined as a document issued by the City's Building Official which <br />authorizes the structure to be used for its intended purposes. <br /> <br />Invalidity of Any Section. If any portion, section, subsection, sentence, clause, <br />paragraph or phase of this Agreement is for any reason held to be invalid by a court of <br />compe[ent jurisdiction, such decision shall not effect or void any of the other provisions <br />o1:' this Agreement. <br /> <br />Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof <br />ol:' authority by the corporation to execute this Agreement. This proof of authority could <br />be satisfied by providing the CITY with a certified copy of minutes of the corporate <br />Board of Directors granting such authority. <br /> <br />Recording of This Agreement and Plat. The DEVELOPER agrees that this <br />Development Agreement and the Plat shall be recorded in the office of the Anoka County <br />Recorder and agrees that the terms and provisions of this Agreement shall run with the <br />land and shall bind the DEVELOPER, his/her successors and assigns. Upon request and <br />c~mfirmation of satisfactory completion of all DEVELOPER obligations contained <br /> <br />Sunflower Ridge 2'`a Addition <br />Development Agreement <br />Page 6 of 8 <br /> <br /> <br />