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18. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the <br /> CITY with proof of marketable title to the Plat either through a currently certified abstract, <br /> registered property abstract or title insurance. <br /> <br />19. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement <br /> shall be defined as a document issued by the City's Building Official, which authorizes the <br /> structure to be used for its intended purposes. <br /> <br />20. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br /> phase of this Agreement is for any reason held to be invalid by a court of competent <br /> jurisdiction, such decision shall not effect or void any of the other provisions of this <br /> Agreement. <br /> <br />21. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of <br /> 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 of <br /> Directors granting such aut_hority. <br /> <br />22. 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, their successors and <br /> assigns. <br /> <br />23. Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of this <br /> Agreement in the manner required by the CITY, the CITY shall be entitled to recover, from <br /> the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of <br /> any and all financial guarantees. Breach of any-of the terms of this Development Agreement <br /> by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in <br /> the Plat. <br /> <br />24. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this <br /> Development Agreement shall be binding upon its successors and assigns. <br /> <br />IN WITNESS THEREOF, the parties have hereu~o set their hands and seals, this <br /> day of ,2002. <br /> <br />BASALT PROPERTIES LLC <br />By: <br /> <br />As~ <br /> <br /> <br />