Agenda - Council - 07/26/2005 - Laserfiche WebLink

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25. Certilicate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued by the City's Building Official, which authorizes the sm~ctm'e to be used for its intended purposes. 26. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase 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 other provisions of this Agreement. 27. Proof of Authority. When 'the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute 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 granting such authority. 28. Recording of This Agreement. The DEVELOPER shall record this Agreement in the ol'ficc of the An'oka County Recorder and agreeS that the terms and provisions of this Agreement shall run with the land and shall bind the DEVELOPER, its successor and assigns. 29. Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of this Agreement in the manner required by the CITY, the CITY shall be entitled to recover, from thc DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of any and all financial guarantees. Breach of any of the terms of this Development Agreement by thc DEVELOPER shall also be grounds for denial of Building Permits for buildings in the P lat. 30. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this Development Agreement shall be binding upon its successors and assigns. IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this __ day of ,2005. T.M.tl. DEVELOPMENT INC. By: Its: STATE OF MINNESOTA ) COUNTY OF ANOKA ) Ramsey Meadows 5#~ Addition Development Agreement Page 9 of 10