Agenda - Council - 06/13/2006 - Laserfiche WebLink

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-278- 25. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Stage I and Stage II Improvements, unless specified as fixed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of said improvements including interest, engineering and legal charges. 26. Plat Approval Expenses. The DEVELOPER agrees that it MI1 pay to the CITY all CITY expenses incurred in the approval of the Plat, including, but not limited to administration expenses, engineering and legal fees. Said expenses shall be paid I15) days of billing by the CITY and outstanding billings shall be paid prior of the Final Plat. Any expenses incurred after recording of the Final Plat shall within said fifteen (15) day billing period. Failure to pay the CITY'S the fifteen (15) day billing period will permit the CITY to draw upon any by this contract for payment· 27. Reimbursement to the City. The DEVELOI incurred by the CITY in defense or including court costs and reimburse the or any for all costs 28. Marketable Title. Prior to shall provide the CITY with proof of marketable title certified abstract, registered proper~ 29. Certificate of Occupan.,c..3~..-~.~The term C ............. ..' ....as used in this Agreement ~.~4~.'Z~.,.. . ' ........ shall be defined as,~.~fd~curq..'~%~ssued b) .... ".. ~ ." ' . fficial, which authorizes the structure to be use~t'or ~ts mte~,~ed purposes.~. 30. Invalidity of Any ~ecuo~.n?~, .~y.;'~; se.c.~ron, subsection, sentence, clause, paragraph or phrase .o.~Tf~g~emen~,~,,for an?z.r~.a. Eon held to be mvahd by a court of competent . ' " .x' .. ,, :1 not effect or void any of the other provisions of this ·.:. ,. ,,,~... .. 31. P:"~,ff ,,f X, ml:m':k~ .'. "· .; DEVELOPER is a corporation, the CITY requires proof of ............... . .. . .... : .. ,". ' execute this Agreement. This proof of authority may be ." .", "." . . ' . '. (. I I 5' with a certified copy of minutes of the corporate Board of 32. Recording of Thas 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 nm with the land and shall bind the DEVELOPER, its successor and assigns. 33. Violation of This 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, from the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of any and all financial guarantees. Breach of any of the terms of this Development Agreement Shade Tree Cottages Development Agreement Page 10 of 12