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20. 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 <br />jurisdiction, such decision shall not effect or void any of the other provisions of this <br />Agreement. <br />21. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of <br />authority by the corporation to execute this Agreement. This proof of authority may be <br />satisfied by providing the CITY with a certified .copy of minutes of the corporate Board of <br />Directors granting such authority. <br />22. Recording of This Agreement. The DEVELOPER shall record this Agreement in the <br />office of the Anoka County Recorder and agrees that the terms and provisions of this <br />Agreement shall run with the land and shall bind the DEVELOPER, its successor and <br />assigns. <br />23. Violation of This Agreement. If the DEVELOPER 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 <br />the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of . <br />any and all financial guarantees. Breach of any of the terms of this Agreement by the <br />DEVELOPER shall also be grounds for denial of Building Permits for buildings in the Plat. <br />24. Removal of Structures. The DEVELOPER is responsible for removing all structures on <br />Outlot A of the Plat upon sale of property. Any structure located within the Roadway <br />Easement shall be removed at time of construction of any public improvement within the <br />Roadway Easement. Removal of structures shall be at the expense of the DEVELOPER. <br />25. Affirmation of Easements. The DEVELOPER hereby reaffirms the existence of the <br />Roadway Easement as shown on Exhibit A. The DEVELOPER agrees to record an <br />easement document in the Anoka County Office of the Recorder to this effect if none exist. <br />26. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this <br />Agreement shall be binding upon its successors and assigns. <br />Michels Property <br />Development Agreement <br />January 2009 <br />Page 7 of 9 <br />—135— <br />