Agenda - Council - 08/11/1992 - Laserfiche WebLink

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[I I I :1 I I I I I I I I I I I I I I ; an9 portion thereof, including court costs and reasonable engineering and attorney's fee~. 23. 24. 25. 26. 27. 28. 29. a' The DEVELOPER agrees to notify the CITY of all sales of lots t. cei'tificate of Occupanc_v. The term "Certificate of Occupancy" as used in this A~ement shall be defined as a document issued by the City's Building Official w~lch authorizes the structure to be used for its intended purposes. M~irketable Title. Prior to recording of the final plat, the DEVELOPER shall :: pr0~. ide to the CITY proof of marketable title to the Plat either through a currently ceffified abstract, registered property abstract or title insurance. : pr~Oof of Authority. When the DEVELOPER is a corporation, the CITY i i?~l~ires proof of authority by the corporation to execute this Agreement. This proof of authority could be satisfied by providing the CITY with a certified copy of ~utes of the corporate Board of Directors granting such authority. In~alid|t_v of Any One Section. If any portion, section, subsection, sentence, ¢ clafi~se, paragraph or phase of this Agreement is for any reason held to be invalid by : a court of competent jurisdiction, such decision shall not effect or void any of the ~ oth~r provisions of this Agreement. [iedording of Development Agreement. The DEVELOPER agrees that this D~elopment Agreement shall be recorded in the office of the Anoka County Re~order and agrees that the terms and provisions of this Agreement shall be a eovbnant on any and alt deeds relative to the property included in the Plat. 'ViOlation 0f thi~ Aereement. The DEVELOPER agrees that the terms of the . fin~cial guarantee shall be deemed to have been violated if the DEVELOPER ~ fails to perform any of the terms of this Agreement in the manner required by the !CITY and the CITY shall be entitled to recover from the DEVELOPER or the isS/ai~r of DEVELOPERS' letter of credit, the full amount of the letter of credit. 30. ,A~6eement Binding On Heirs, etc. The DEVELOPER agrees that this D~qelopment Agreement shall be binding upon their successors and assigns. Breach of any of the terms of this Development Agreement by the DEVELOPER shall be grounds for denial of Building Permits for buildings in the Plat. day of IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this , ~ ,1992. FAYE CONSTRUCTION COMPANY MAX SCHWARTZMAN & SONS, INC. David Schwart~, Partner Ivan Schwartzman, President Ivan Schwar~t~at~,~Partner to/