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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 />for payment. <br /> <br />26. 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 />27. 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 />28. <br /> <br />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 />29. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br /> phrase of th/s 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 />30. <br /> <br />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 />31. <br /> <br />Recording of This Agreement. The DEVELOPER shall record this Agreement in the <br />office of the Anoka County Recorder and agrees that the terms and provisions of this <br />Agreement shall mn with the land and shall bind the DEVELOPER, its successor and <br />assigns. <br /> <br />32. <br /> <br />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 all financial guarantees. Breach of any of the terms of this Development Agreement <br />by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in <br />the Plat. <br /> <br />33. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this <br /> Development Agreement shall be binding upon its successors and assigns. <br /> <br />-280- <br /> <br />Brool~field Second Addition <br />Development Agreement <br />Page 10 ofll <br /> <br /> <br />