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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 />I <br />I <br />I <br />I <br />i <br />I <br />I <br /> <br />23. <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 <br />which authorizes the structure to be used for its intended purposes. <br /> <br />24. <br /> <br />Marketable Title. Prior to recording of the final plat, the DEVELOPER shall <br />provide to the CITY proof of marketable title to both the Plat either through a <br />currently certified abstract, registered property abstract or title insurance. <br /> <br />25. <br /> <br />Proof of Authority. When the DEVELOPER is a corporation, the CITY <br />requires proof of authority by the corporation to execute this Agreement. This <br />proof of authority could be satisfied by providing the CITY with a certified copy <br />of minutes of the corporate Board of Directors granting such authority. <br /> <br />26. <br /> <br />Invalidi~ of Any One Section. If any portion, section, subsection, sentence, <br />clause, paragraph or phase of this Agreement is for any reason held to be invalid <br />by a court of competent jurisdiction, such decision shall not effect or void any of <br />the other provisions of this Agreement. <br /> <br />27. <br /> <br />Recording of Development Agreement. The DEVELOPER agrees that this <br />Development Agreement shall be recorded in the office of the Anoka County <br />Recorder and agrees that the terms and provisions of this Agreement shall be a <br />covenant on any and all deeds relative to the property included in the Plat. <br /> <br />28. <br /> <br />Violation of this Agreement. The DEVELOPER agrees that the terms of the <br />financial guarantee shall be deemed to have been violated if the DEVELOPER <br />fails to perform any of the terms of this Agreement in the manner required by the <br />CITY and the CITY shall be entitled to recover from the DEVELOPER or the <br />issuer of DEVELOPERS' letter of credit,-the full amount of the letter of credit. <br /> <br />29. <br /> <br />Agreement Binding On Heirs, etc. The DEVELOPER agrees that this <br />Development Agreement shall be binding upon their successors and assigns. <br />Breach of any of the terms of this Development Agreement by the DEVELOPER <br />shall be grounds for denial of Building Permits for buildings in the Plat. <br /> <br /> IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this <br />day of ,2000. <br /> <br />NORTH FORK, INC.. <br /> <br />CITY OF RAMSEY: <br /> <br />By: <br /> <br />As: <br /> <br />By: <br /> <br />By: <br /> <br />Thomas G. Gamec, Mayor <br /> <br />James E. Norman, City Administrator <br /> <br />85 <br /> <br /> <br />