Agenda - Council - 05/13/2003 - Laserfiche WebLink

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dedication fees in the amount of $11,789.00. A cash payment will be required pr/or to the City releasing the Final Plat for recording. IV. GENERAL 12. Construction Site Maintenance. The DEVELOPER shall adhere to all City ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. 13. Future Access Road. The DEVELOPER shall preserve a 40~f0ot wide corridor along the northern property line of Lots 1 and 2, Block 1', Sunfish Commons. The corridor shall be preserved as a utility/drainage easement on the final plat. At the time the City desires the access road to be constructed, the DEVELOPER shall dedicate the easement to the City as road right- of-way at no cost to the City. 14. Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in the approval of the Plat, including, but not limited to adm/nistration 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 contract for payment. 15. Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 16. Execution of Agreement. The DEVELOPER shall submit to the CITY a tax status confirmation from the Anoka County Auditor's office. All-real property tax~s and special assessments against the subject property shall be in a current status prior to execution of this Agreement. 17. 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 registered property abstract or title insurance. Any other format utilized in determining marketable title shall be subject to the approval of the City Attorney. 18. Certificate of Occupancy. The term "Certificate Agreement shall be defined as a document issued 'by the authorizes the structure to be used for its intended purposes. of Occupancy" as used in this City's Building Official which 19. 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. -173-