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27. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall Provide the <br /> CITY with proof of marketable title to the Plat either through a cur(ently certified abstract, <br /> registered property abstract or title insurance. ~: ~: ~' <br /> <br />28. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this A~eement <br /> shall be defined as a document issued by the City's Building Official, which authorizes the <br /> structure to be used for its intended purposes. <br /> <br />29. tnvalidi~ of Any Section. If any portion, section, subsectlon;:sentence, Clause, para.trrapTi tor <br /> phrase of this Agreement is for any reason held to ~.b.ei:'inval~d'by a court of co~mpetent:::~ ; <br /> jurisdiction, such decision shall not effect or void:':;hny of the other provisions of this:i <br /> A~eement. <br /> <br />30. Proof of AuthoriU. When the DEVELOPER is a:corporati°n?the CITY requires proof of <br /> authority by the corporation to execute this A~eement. :Thi:s.Proof of authority may be <br /> satisfied by providing the CITY with a certified copy of minutes of the corporate Board of <br /> Directors ~anting such author/ry. · <br /> <br />31. Recording of This Agreement. The DEVELOPER shall r~cord' tbfs A~eement in the <br /> office of the Anoka County R~corder and a~ees that the terms .and provisions of this <br /> A~eement shall run with the land and :shall bind the DEVELOPER, its successor aiad <br /> <br />~. Violation of This Agreement. if the DEVELOPER fails to perform any of the terms of this <br />A~eement in the manner required:by th~'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 A~eement <br />by the DEVELOPER shall also be ~ounds for denial of Buildin~ Permits for buildings in <br /> the Plat. ~ '. ~ :. :" <br /> <br />33'. Agreement Binding On Successors and Assigns. The DEVELOPER a~ees that this <br /> Deve]0pment A~eement shaIl be binding upon its successors and assigns. <br /> <br /> · IN WITNESs THEREOF, the parties have hereunto set their hands and seals, this <br />day '~f: ,. 2004. -- <br /> <br />OAKWOOD LAND DEVELOPMENT, INC. <br />By: <br /> <br />Its: <br /> <br />STATE OF MINNESOTA <br /> <br />CObq'4Th OF ANOF-L~. <br /> <br />-296- <br /> <br />.4lpine I4~oods Subdivision <br />Development .4 greenzent <br />Page 17 of'12 <br /> <br /> <br />