Agenda - Council - 04/24/2001 - Laserfiche WebLink

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I I I i I ! I I I I I I I I I I i I I 14. Execution of Agreement. The DEVELOPER shall submit to the CITY a tax status confirmation from the Anoka County Auditor's office. All real property taxes and special assessments against the subject property shall be in a current status prior to execution of this Agreement. 15. 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. 16. Certificate of Occupancy. The term "Certificate. of Occupancy" as used in this Agreement shall be defined as a document issued by the City's Building Official which authorizes the structure to be used for its intended purposes. 17. 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. 18. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this Agreement. This proof of authority could be satisfied by providing the CITY with a certified copy of minutes of the corporate Board of Directors granting such authority. 19. Recording of This Agreement and Plat. The DEVELOPER agrees that' this DevelOpment Agreement and the Plat shall be recorded in the office of the Anoka County Recorder and agrees that the terms and provisions of this Agreement shall run with the land and shall bind the DEVELOPER, his/her successors and assigns. Upon request and confarnation of satisfactory completion of all DEVELOPER obligations contained herein, as determined by the CITY, the CITY shall issue a recordable release from development agreement. 20. Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of this Agreement in the manner required by the CITY, the CITY shall be entitled to recover, bom the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of any and all financial guarantees. Breach of any of the terms of this Development Agreement by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in the Plat. IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this of ,2001. SUNFISH PROPERTIES, LLC By: ms~ -155-