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23. 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 />24. Certificate of Occupancy, The tern: "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 /> <br />25.]qvalidity of Any Seclion, if any portion, section, subsection, sentence, clause, <br /> paragraph or phase of this Agreement is for any reason held to be invalid by a court of <br /> competent jurisdiction, such decision shall not effect or void any of the other provisions of <br /> this Agreement. <br /> <br />26. 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 g-ranting such authority. <br /> <br />27.~¢c0.rding of. This Agreement. The DEVELOPER agrees that this Development <br /> A~eement shall ~ recorded in the office of the Anoka County Recorder and a~ees 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 /> <br />28. 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 an.-,, 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 /> <br />29. Agreement Binding On Heirs. etc. The DEVELOPER agrees that this <br /> Development A~eement shall be binding upon th'elf successors and assigns. Breach of <br /> any of the terms of this Development A=m-eement by the DEVELOPER shall be ~ounds <br /> for denial of Building permits for buildings in the Plat. <br /> <br />c/to <br /> <br /> <br />