Agenda - Council - 06/08/2004 - Laserfiche WebLink

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31. Certificate of Occupancy. '1 hc term "Certificate of Occupancy" as used in this Agreement shall be dc/i~tcd as a clocume)~t i>;sued by the City's Building Official, which authorizes the structure to be used tbr its inte~adcd purposes. 32. lnwtlidity of Any Scctim~. It' any portion, section, subsection, sentence, clause, paragraph or phase of this Agreenicnt is ','or any reason held to be invalid by a court of competent jurisdiction, :<tch decision si'~all not effect or void any of the other provisions of this Agrccmcnt. 33. Proof of Authority. When tl~e DEVELOPER is a corporation, the CITY requires proof of authority by the corpormion ~o t'xecute this Agreement· This proof of authority may be satisfied by providing the CITY with a certified copy of minutes of the corporate Board of Directors gran/ing such author ty. 34. Recording of This Agrcemtnt. The DEVELOPER shall record this Agreement in the office of thc Anoka County Recorder and agrees that the terms and provisions of this Agreement shall run with th[: land and shall bind the DEVELOPER, its successor and aSSIgl/S. 35. Violation of 'l'his Agreement. [f the DEVELOPER fails to Perform any of the terms of this Agreement in thc manner requirect by the CITY, the CITY shall be entitled to recover, from the I)EVELOI~ER or the issuer of DEVELOPER'S financial guarantee, the full amount of any and all l:hlancial gtlarantec~;. Breach of any of the terms of this Development Agreement by tho DEVli.'I,OPER shall aiso be grounds for denial of Building Permits for buildings in the Plat. 36. Agreement Binding On Successors and Assigns· The DEVELOPER agrees that this Development Agreement shall bc binding upon its successors and assigns. IN WITN',';SS TItER]i'iOF, thc parties have hereunto set their hands and seals, this __ day of ...... 2t)04. TURTI. E MOON INC. By: [ts: STATE ()P' M[NNI~;SOTA COl JNTY ()I" Ab~()KA ) )ss. ) Rivenwick Village Development Agreement Page 13 of 15