Agenda - Council - 05/23/2006 - Laserfiche WebLink

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2.5. Rcimhm'sement to the City. The DEVELOPER agrees to reimburse d~e CITY for all costs ir~cmrcd by the CITY in defense or enforcement of' this Agreement, or any portion thereof, including court costs and reasonable engineering and anorney's fees. 26. 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 tide insurance. 27. Certificate oF Occupancy. 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. 28. Iuvalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid by a court of competent jmisdiction, such decision shall not effect or vo{d any of the other provisions of this Agreement. 29. Proof of Authm'i~. When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this Agreement. This proof of authority may be satisi~cd by providing die CITY with a certified copy of minutes of the col¥orate Board of Directors granti~g such authority. 30. Rccording of This Agreement. The DEVELOPER shall record this Agreement in the office of the Anoka County Recorder and agrees that the terms and provisions of this Agreement shall run with the land and shall bind the DEVELOPER, its successor and assigns. 31. Violation of ]'his Agreement. If the DEVELOPER fails to perform any of the terms of this Agreement in the manner required by the CITY, the CiTY shall be entitled to recover, fi'om thc DEVELOPER or tbe issuer of DEVELOPER'S financial guarantee, the full amount of any and all finauclal guarantees. Breach of any of the terms of this Development Agreement by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in tide Plat, 32. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this Development Agreement shall be binding upon its successors and assigns. 33. Contingent Approval of Final Plat. As approved by the Ramsey City Council on May 23, 2006, the final plat of RUM RIVER MEADOWS is contingent to the following conditions: at) Compliance with City Staff Review Letter dated May 19, 2006 b) The City and the Developer entering into a Development Agreement c) Approval of the Shadetrce Creek final plat. Rum River Meadows Development Agreement Pag~ 10 qf l2 Draft Y. JY. b6 -145