Agenda - Council - 06/27/2006 - Laserfiche WebLink

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31. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the CITY proof of marketable title to the Plat either through a currently certified abstract or registered property abstract or title insurance. Any other format utilized in determining marketable title shall be subject to the approval of the City Attorney. 32. Certificate of Occupancy. The term "Certificate of Occupancy" as used in th/s Agreement shall be defined as a document issued by the Ci~s Building Official which authorizes the structure to be used for its intended purposes. 33. Invalidity of Any Section. If any portion, section paragraph or phase of this Agreement is for competent jurisdiction, such decision shall of this Agreement. %~ 34. Proof of Authority. When the DEVELOP~ is a corporation, of authority by the corporation to execute ~:~..){&greemefi},. Th/: be satisfied by providing the CITY with a ~'tSecl~'~v~-of dinutes Board of Directors granting such authority ~¢~----' r~.~ 35. Recording of This Recorder and agrees that the terms land and shall bind confirmation ~entcnce, clause, be invalid by a court of the other provisions 'could hSe corporate The agrees that fids 2ounty the and assigns. Upon request and all DI~/~ELOPER obligations contained shall issue a rec0rdable release from 36. Violati~iSf~T).is Develo~ perform any of the terms of required by the CITY, the CITY shall be entitled to issuer of DEVELOPER'S financial guarantee, guarantees. Breach of any of the terms of this DEVELOPER shall also be grounds for denial of in the Plat. on Successors and Assigns. The DEVELOPER agrees that t?ds be binding upon its successors and assigns. IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this __ of ,2006. NATIONAL GROWTH, LLC By: Prairie Meadows Development Agreement Page 11 of 12 day -291-