Agenda - Council - 12/28/2006 - Laserfiche WebLink

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dollars ($4,242.00) for this plat. This may be paid to the CITY prior to releasing the Plat for recording. SECTION VI GENERAL -296- 18. Boulevard and Area Restoration. The DEVELOPER shall be responsible for the cost of establishing seed in all boulevards within thirty (30) days of the completion of the street improvements, and restoring all other areas disturbed by.the development grading operation in accordance with the approved Grading and ;Ero"sion. Control plan. The DEVELOPER shall also be responsible for the cost of cleaning any soil, earth or debris from the wetlands within and adjacent to this Plat resulting from grading performed in the development of the land. 19. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Stage I 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. 20. Plat Approval Expenses. The 'DEVELOPER agrees hat it will pay to the CITY all CITY expenses incurred in the appro"val 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) day billing period. Failure to pay the CITY'S expenses within the fifteen ~(15) day billing period will permit the CITY to draw upon any of the escrows required by this contracf forpayment. 21. Reimbursement to the City. Tlie DEVELOPERagrees to reimburse the CITY for all costs incurred by t11e CITY. in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 22. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the CITY proof of marketable title to the Plat either through a currently certified abstract or registeredproperty: abstract or title insurance. Any other format utilized in determining marketable title'shall be subject to the approval of the City Attorney. 23. 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 rts intended purposes. 24. Invalidity of Any 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. Nortlzfork Off ce Condos Development Agreement Page 6 of 8