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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />! <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />31. <br /> <br />32. <br /> <br />33. <br /> <br />34. <br /> <br />35. <br /> <br />36. <br /> <br />37. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the <br />CITY with proof of marketable title to the Plat either through a currently certified abstract, <br />registered property abstract or title insurance. <br /> <br />Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement <br />shall be defined as a document issued by the City's Building Official which authorizes the <br />structure to be used for its intended purposes. <br /> <br />Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br />phase 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 /> <br />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 /> <br />Recording of This Agreement. The DEVELOPER shall record this Agreement in the office <br />of the Anoka County Recorder and agrees that the terms and provisions of this Agreement <br />shall run with the land and shall bind the DEVELOPER, its successor and assigns. <br /> <br />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 Development Agreement <br />by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in the <br />Plat. <br /> <br />Agreement Binding On Successors .and Assigns. The DEVELOPER agrees that this <br />Development Agreement shall be binding upon its successors and assigns. <br /> <br />IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this <br /> day of ,2002. <br /> <br />EDINA DEVELOPMENT <br />By: <br /> <br />Its: <br /> <br />CITY OF RAMSEY: <br />By: <br /> <br />Its: Mayor <br /> <br />ATTEST: <br /> <br />Evergreen Point Second Addition Subdivision <br />Development Agreement <br /> Page 10 of 11 <br /> <br />-91 - <br /> <br /> <br />