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23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />30. <br /> <br />Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all <br />costs incurred by the CITY in defense or enforcement of this Agreement, or any portion <br />thereof, including court costs and reasonable engineering and attorney's fees. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide <br />the CITY with proof of marketable title to the Plat either through a currently certified <br />abstract, registered property abstract or title insurance. <br /> <br />Certificate of Occupancy. The term "Certificate of Occupancy" as used in this <br />Agreement shall be defined as a document' issued by the City's Building Official which <br />authorizes the structure to be used for its intended purposes. <br /> <br />Invalidity of Any Sectionl If any portion, section, subsection, sentence, clause, <br />paragraph or phase of this Agreement is for any reason held to be invalid by a court of <br />competent jurisdiction, sUch decision shall not effect 'or void any of the other provisions <br />of this Agreement. <br /> <br />Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof <br />of 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 <br />of Directors granting such authority. <br /> <br />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 /> <br />Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of <br />this Agreement in the manner required by the CITY, the CITY shall be entitled to <br />recover, from the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the <br />full amount of any and all financial guarantees. Breach of any of the terms of this <br />Development Agreement by the DEVELOPER shall also be grounds for denial of <br />Building Permits for buildings in the 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 />-213- <br /> <br /> <br />