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<br />expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of <br />billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. <br />Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen <br />(15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day <br />billing period will permit the CITY to draw upon any of the escrows required by this contract <br />for payment. <br /> <br />28. Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs <br />incurred by the CITY in defense or enforcement of nt, or any portion thereof, <br />including court costs and reasonable engineering and a <br /> <br />29. Marketable Title. Prior to -recording of the <br />CITY with proof of marketable title to the <br />registered property abstract or title insuranc <br /> <br /> <br />PER shall provide the <br />d abstract, <br /> <br />30. Certificate of Occupancy. The term "Certifi <br />shall be defmed as a document issued by the <br />structure to be used for its intended purposes <br /> <br />31. Invalidity of Any Section. If any po <br />phrase of this Agreement is for <br />jurisdiction, such decision shall <br />Agreement. <br /> <br />32. Proof of Authority. Whe <br />authority by the corpor <br />satisfied by providing <br />Directors granting such <br /> <br />ration, the CITY requires proof of <br />1. This proof of authority may be <br />y of minutes of the corporate Board of <br /> <br />VELOPER shall record this Agreement in the <br />agrees that the terms and provisions. of this <br />shall bind the DEVELOPER, its successor and <br /> <br />the <br />any and <br />by the DE <br />the Plat. <br /> <br />fthe DEVELOPER fails to perform any of the terms of this <br />ed by the CITY, the CITY shall be entitled to recover, from <br />er of DEVELOPER'S financial guarantee, the full amount of <br />ees. Breach of any of the terms of this Development Agreement <br />all also be grounds for denial of Building Permits for buildings in <br /> <br />35. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this <br />Development Agreement shall be binding upon its successors and assigns. <br /> <br />-140- <br /> <br />Brookfield Fourth Addition <br />Development Agreement, <br />Page 10 of 11 <br /> <br />