01-11-2023 Council Packet - Laserfiche WebLink

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If to the City: City of Little Canada Attn: City Administrator 515 Little Canada Road Little Canada, MN 55117 If to the Owner: Scott W. Nordstrom and Julie K. Nordstrom 3071 Payne Avenue Little Canada, MN 55117 3.2 NON-ASSIGNABILITY. The City shall not assign any interest in this Agreement or transfer any interest in the same without the prior written consent of Owner. 3.3 BINDING EFFECT. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall further be binding on subsequent purchasers of the Real Property and shall run with the Real Property herein described. 3.4 SEVERABILITY. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 3.5 AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and then Owner of the Real Property. 3.6 COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 3.7 ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. 3.8 APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 3.9 DEFAULT. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a 10 day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party(s) may pursue all remedies and sanctions available at law and in equity, including specific performance.