07-09-2014 Council Agenda - Laserfiche WebLink

Home Browse Search

Fra -Dor, Inc. Aggregate Stockpiling and Recycling Interim Use Permit Interim Use Agreement Page 14 of 16 40. There is no intent to benefit any third parties, including but not limited to future owners, occupants and users of the property, and third parties shall have no recourse against the City under this Agreement. 41. This contract shall be governed and construed in accordance with the laws of the State of Minnesota. All matters, whether sounding in tort or in contract, relating to the validity, construction, perfonnance, or enforcement of this Agreement shall be controlled in accordance with Minnesota law, and the parties agree that all legal actions initiated by any party with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued exclusively in the State of Minnesota, Ramsey County, District Court and shall not be removed therefrom to any other state or Federal court. 42. 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 affect or void any of the other provisions of the Interim Use Agreement, 43. The action or inaction of City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 44. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the ease may be. Obligations under this Agreement shall survive the expiration, revocation or cancellation of the Interim Use Permit. 45. Except as specifically noted within the Agreement, this Agreement reflects the entire agreement of the parties with respect to the stockpiling and recycling activity on the 15