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I <br />:1 <br /> I <br /> I <br /> 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 /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />30. <br /> <br />31. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide <br />the CITY 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 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 <br />or phrase of this Agreement is for any reason held to be invalid by a court of competent <br />jurisdiction, such decision shall not affect or void any of the other provisions of this <br />Agreement. <br /> <br />Proof of Authority. The CITY does require proof of authority by the partnership to <br />execute this Agreement. This proof of authority may be satisfied by providing the CITY <br />with a certified copy of minutes of a partnership meeting granting such authority. <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 mn with the land and shall bind the <br />DEVELOPER, its successors and 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 recover, <br />from the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full <br />amount of any and all financial guarantees. Breach of any of the terms of this Development <br />Agreement by the DEVELOPER shall also be grounds for denial of Building Permits for <br />buildings in the Plat. <br /> <br />Agreement Binding on Heirs, etc. The DEVELOPER agrees that this Development <br />Agreement shall be binding upon their 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 />VII. USE AND BUILDING RESTRICTIONS <br /> <br />DEVELOPER agrees, upon filing of the Final Plat, to execute and record with the Anoka <br />County Recorder the Declaration of Covenants and Restrictions in the Form attached hereto <br />as Exhibit "A". <br /> <br />IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this __ <br /> ,, 1997. <br /> <br />day of <br /> <br /> <br />