Agenda - Council - 05/22/2007 - Laserfiche WebLink

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24. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase 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. 25. 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 could be satisfied by' providing the CITY with a certified copy of minutes of the corporate Board of Directors granting such authority. .' ".:hi~L~~~::~.,.... ."~."i'~ r 26. Recording of This Agreement and Plat. The :Q~~.LOPER agrees that this Development Agreement and the Plat shall be record~;~tirtii~!i~;ttl.ce of the Anoka County Recorder and agrees that the terms and provisions, or{~s Agte~m~nt shall run with the land and shall bind the DEVELOPER, his/her.j~:~g@e$,~6rs and a~'Ji~~!:,ppon request and confirmation of satisfactory completion of-::i#ill DEVELOPER oBij,g}}: 'ons contained herein, as determined by the CITY, ~S;i{~~iI: shall:if'fssue a recordl'b rlease from development agreement." '?;~ii!~~;i~;," ;.,~::\,v~...-_..... 27. Violation of ThisAgreement. If the DEVELOP ... 'ls to perform any of the terms of this Agreement in the manner ~~~;' " .ed by the CIT .\ c., e CITY shall be entitled to recover, from the DEVELOPER..... T'~lci~~J.;1er of DE':;':::::i!>.;ER'S financial guarantee, the full amount of any and all fmaii~~ar'~~t~f.s. Brea~~:f.of any of the terms of this Development Agreement by the DE:fEL.@PER3fiij~11~1J;:;a1so be grounds for denial of Building permi:#~~"'dingS in the pV" "17 28. Agreement .!t:.... . g on cessors amfi:24ssigns. The DEVELOPER agrees that this Developmerit A':~~~~nt s Jbe binding dig1{lts successors and assigns. "'.'.': -. ""~~~'.::.:> _ "-,<~~.,. '-"',...>,.>~, <;'<~ts~;~::~';~;;-'5V~;~;f' IN WIT~.~.S:'1.\l!~~PF, th~i'p~ies"fia'\f~:;net~unto set their hands and seals, this day of . ,J;:;)/'" "':fi;i~i;;~i;F"'....'..;....~.O....':...i....:...::..O..~.:.::...,..;.....7.... . \>::;:~1j!iii;.:.'i.....:........;...:.....:.:,..,......._:~.:,'::,.,:.":.""'.:'..:<'. .:;)i:~"t;;;~i;._, . .... '. ,< Saint Andf~~~:;!nvestment'~~oup, tLC By: '.~;i:~;~i![~;1i~;> ,i~~~; . ;~~;i:~'i~1;1ii'r(ii;~;;' As: ,~~, STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007 by Steve Ness, as Senior Vice President of Saint Andrews Investment Group, LLC, a Minnesota limited liability company, on behalf of the company. Nort/ifork Office Condos Development Agreement Page 70f8 -155-