Agenda - Council - 11/22/2005 - Laserfiche WebLink

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of Ramsey Water Availability Charge ("WAC"), and any City inspection and installation fee • would be due. 10. Plat Expense Reimbursement. The DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in approval of the Plat, including, but not limited to administration expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen (15) days billing period. Failure to pay the CITY'S expenses with the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. IV. GENERAL 11. Notification. The DEVELOPER agrees to notify the CITY of all sales of lots within the Plat. 12. Certificate of Occupanev. The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued. by the City's Building Official which authorizes the structure to be used for its intended purposes. 13. Marketable Title. Prior to recording of the final plat, the DEVELOPER shall provide to the CITY proof of marketable title to both the Plat either through a currently certified abstract, registered property abstract or title insurance. 14. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this Agreement. This proof of authority could be satisfied by providing the CITY with a certified copy of minutes of the corporate Board of Directors granting such authority. 15. Invalidity of Anv One Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement 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 Agreement. 16. Recording of Development Aareement. The DEVELOPER agrees that this Development Agreement shall be recorded in the office of the Anoka County Recorder and agrees that the terms and provisions of this Agreement shall be a covenant on any and all deeds relative to the property included in the Plat. 17, Violation of this Agreement. The DEVELOPER agrees that the terms of the financial guarantee shall be deemed to have been violated if the DEVELOPER fails to perform any of the terms of this Agreement in the manner required by the CITY and the CITY shall be • entitled to recover from the DEVELOPER or the issuer of DEVELOPERS' letter of credit, the full amount of the letter of credit. —164—