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22. Reimbursement to the City. The PERMITTEE agrees to reimburse the CITY for all reasonable <br />costs 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 />23. Existing Private Utilities. The movement or disturbance of any private utilities on the Subject <br />Property, including the costs thereof, are the responsibility of the PERMITTEE and must be <br />coordinated with the applicable utility company. <br />24. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br />phrase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, <br />such decision shall not affect or void any of the other provisions of this Agreement. <br />25. Proof of Authority. When the PERMITTEE is a corporation, the CITY requires proof of <br />authority by the corporation to execute this Agreement. This proof of authority may be satisfied <br />by providing the CITY with a certified copy of minutes of the corporate Board of Directors granting <br />such authority. <br />26. Violation of This Permit. If the PERMITTEE 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 the <br />PERMITTEE or the issuer of PERMITTEE financial guarantee, the full amount of any and all <br />financial guarantees or escrow accounts. Breach of any of the terms of this Agreement by the <br />PERMITTEE shall also be grounds for denial of Building Permit or issuance of Certificate of <br />Occupancy. <br />27. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement shall <br />be defined as a document issued by the CITY's Building Official, which authorizes the structure <br />to be used for its intended purposes. <br />28. Agreement Binding on Successors and Assigns. The PERMITTEE agrees that this Agreement <br />shall be binding upon its successors and assigns. <br />29. Notices. Required notices shall be in writing, and shall be either hand delivered to the Parties, its <br />employees or agents, or mailed to them by certified or registered mail at the following address: <br />TO PERMITTEE: <br />LH Road LLC <br />Attn: Sam Burgeson <br />14485 Azurite St. NW <br />Ramsey, MN 55303 <br />TO THE CITY: <br />City of Ramsey <br />Attn: Community Development Director <br />7550 Sunwood Dr. NW <br />Ramsey, MN 55303 <br />[The rest of this page left intentionally blank] <br />Wildlife Research/LH Road LLC <br />Development Agreement <br />Page 6 of 8 <br />