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I <br /> i <br /> I <br /> I <br />'1 <br /> I <br /> I <br /> I <br /> I <br />I$ <br />I <br />i <br />i <br /> I <br /> I <br /> I <br /> <br />outstanding billings shall be paid prior to recording of the Final Plat. Any expenses <br />incurred after recording of the Final Plat shall also be paid within said fifteen (15) day <br />billing period. Failure to pay the CITY'S expenses within the fifteen (15) day billing <br />period will permit the CITY to draw upon any of the escrows required by this Agreement <br />for payment. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide <br />to the CITY, proof of marketable title to the Plat either through a currently certified <br />abstract, registered property abstract or title insurance. <br /> <br />Invalidity of Any One Section. 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 />10. <br /> <br />Agreement Binding On Heirs, etc. The DEVELOPER agrees that this Development <br />Agreement shall be binding upon his successors and assigns. Breach of any of the terms <br />of this Development Agreement by the DEVELOPER shall be grounds for denial of <br />Building Permits for buildings in the Plat. <br /> <br />11. <br /> <br />Recording of This Agreement. The DEVELOPER agrees that this Development <br />Agreement shall be recorded in the office of the Anoka County Recorder and agrees that <br />the terms and provisions of this Agreement shall run with the land and shall bind the <br />DEVELOPER, its successor and assigns. <br /> <br /> IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this <br />__ day of ,1999. <br /> <br />DEVELOPER: <br /> <br />James D. Osterkamp <br /> <br />Janice G. Osterkamp <br /> <br />STATE OF MINNESOTA ) <br /> ) SS. <br />COUNTY OF ANOKA ) <br /> <br />On this day of , 1999, before me a Notary Public, personally <br />appeared James D. Osterkamp and Janice G. Osterkamp, husband and wife, to me known to be <br />the persons described herein and who executed the foregoing instrument and acknowledged that <br />they executed the same as their free act and deed. <br /> <br />Notary Public <br /> <br /> <br />