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16. Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs <br />incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, <br />including court costs and reasonable engineering and attorneys fees. <br />i 7. 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 currently certified abstract, <br />registered property abstract or title insurance. <br />18. Certificate of Occupancy. The term "Certificate of Occupancy" as used'in this Agreement <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 />19. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br />phrase of this Agreement is for any reason held to be invalid by a court of competent <br />Jurisdiction, such decision shall not effect or void any of the other provisions of this <br />Agreement. <br />20. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of <br />authority by the corporation to execute this Agreement. This proof of authority may be <br />satisfied by providing the CITY with a certified copy of minutes of the corporate Board of <br />Directors granting such authority. <br />21. Recording of This Agreement. The DEVELOPER shall record this Agreement in the <br />tb b b <br />office of the Anoka County Recorder and agrees that the terms and provisions of this <br />Agreement shall run with the land and shall bind the DEVELOPER, its successor and <br />assigns. <br />22. Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of this <br />Agreement in the manner required by the 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 Agreement <br />by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in <br />the Plat. <br />23, Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this <br />Development Agreement shall be binding upon its successors and assigns. <br />IN WI"INESS THEREOF, the parties have hereunto set their hands and seals, this <br />day; of 2005. <br />Minks Business Park <br />Development Agreement <br />Page 5 of 7 <br />—193— <br />