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thereof, including court costs and reasonable engineering and attorney's fees. <br />24. Marketable 'Title. Prior to recording of the Final Plat, the DEVELOPER shall provide <br />the CI'T'Y proof of marketable title to the Plat either through a currently certified abstract, <br />registered property abstract or title insurance. <br />25. 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 />26. Invalidity of Any Section. If any portion, section, subsection, sentence, <br />clause,4paragraph or phase of this Agreement is for any reason held to be invalid by a court <br />of competent jurisdiction, such decision shall not effect or void any of the other provisions <br />of this Agreement. <br />27. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires <br />proof of authority by the corporation to execute this Agreement. This proof of authority <br />could be satisfied by providing the CITY with a certified copy of minutes of the corporate <br />Board of Directors granting such authority. <br />28. 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 the <br />terms and provisions of this Agreement shall run with the land and shall bind the <br />DEVELOPER, its successor and assigns. <br />29. Violation of This Agreement. If the DEVELOPER fails to perform any of the terms <br />of 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, <br />the 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 />30. Agreement Binding On Heirs, etc. The DEVELOPER agrees that this <br />Development Agreement shall be binding upon their successors and assigns. Breach of <br />any of the terms of this Development Agreement by the DEVELOPER shall be grounds <br />for denial of Building permits for buildings in the Plat. <br />190 <br />