Resolution No. 13-06 EDA - Laserfiche WebLink

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PO Box 6124 St. Cloud, MN 56302 Attention: Stephen Upgren A Party may change its address for notice purposes by written notice to the other Parties in accordance with the requirements set forth above. The date of such notice will be deemed to have been the date on which such notice is delivered or attempted to be delivered as shown by the certified mail return receipt or a commercial delivery service record. All notices shall be addressed to the current address of record for an Owner as indicated on the property tax records maintained by the Anoka County Assessor's office for the LLAL Parcel and the EDA Parcel. 7. Default and Remedies. In the event of any violation by a Party of any of the provisions of this Agreement, in addition to the right to collect damages, the non -violating Party will have the right to enjoin such violation in a court of competent jurisdiction. Before commencement of any such action, written notice of the violation will be given to violating Party specifying the claimed violation. In addition, in the event that a Party fails to perform any of the provisions of this Agreement or violates any of the provisions hereof, the non -defaulting Party(ies) may cure such default; provided, however, that written notice of such intention, specifying the nature of the alleged default and the actions to be performed, has been given to the defaulting Party not less than thirty (30) days prior to the commencement of such action or such lesser time if, in the reasonable judgment of the non -defaulting Party(ies), such default is emergency in nature. If the non -defaulting Party(ies) elects to perform the action to have been performed by the defaulting Party, on completion of such action, an itemized statement of the costs thereof will be submitted to the defaulting Party, and the amount thereof will be immediately due and payable by the defaulting Party to the non -defaulting Party(ies), with interest at the rate of 5% per annum, until paid. 8. Third Party Approvals. Except for the Parties and American Heritage National Bank (whose consent to this Agreement is attached hereto), there are no tenants, owners, or mortgagees, and there are no leases, agreements or other encumbrances of any nature whatsoever affecting title to a Parcel that would require the consent of any third party to this Agreement. 9. No Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of either Parcel to the general public or for any public use or purpose whatsoever, it being the intention of the Parties that nothing in this Agreement, express or implied, shall confer upon any person, other than the Parties and their successors and assigns, any rights or remedies under or by reason of this Agreement, provided that the foregoing is not intended to limit the rights of each Owner to use the Access Driveway Easement Area for the purposes expressed above. 10. Invalidity. If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provisions or portion thereof to any other person or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest 427348v5 SJB LN140-109 7