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33. Proof of Auihority. 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 authority. <br /> <br />34. Recording of This Agreement. The DEVELOPER shall record this Agreement in the <br /> office of tho Anoka County Recorder and agrees that the terms and provisions of this <br /> Agreement shall run with the land and shall bind the DEVELOPER, its successor and <br /> assigns. This agreement will need to be revised when the application for Final Plat is applied <br /> for and approved. <br /> <br />35. 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 />36. 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 hereunto set their hands and seals, this <br />day of ., 2003. <br /> <br />Brightkeys Building Development Corporation <br /> <br />By: <br /> <br />STATE OF MINNESOTA <br />COUNTY OF ANOKA <br /> <br />The foregoing waS acknowledged before me this __ day of ,2003, <br />by the of Brightkeys Building Development Corporation, <br />a corporation under the laws of the State of Minnesota, on behalf of the corporation, <br /> <br />Notary Public <br />Town Center Gardens Subdivision <br /> Development Agreement <br /> Page 11 of 12 <br /> <br /> <br />