01-13-25 - Council Meeting Agenda

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has recommended that the residence, remaining structures and their contents should be considered as a liability and removing all associated debris in compliance with all Governmental regulations This written Agreement constitutes the complete agreement between the parties and supersedes any and all other oral or written agreements, negotiations, understandings and representations between the parties regarding the Property. There are no verbal or written side agreements that change this Agreement. 20. Amendment; Waiver. No amendment of this Agreement, and no waiver of any provision of this Agreement, shall be effective unless set forth in a writing expressing the intent to so amend or waive, and the exact nature of such amendment or waiver, and signed by both parties (in the case of amendment) or the waiving party (in the case of waiver). No waiver of a right in any one instance shall operate as a waiver of any other right, nor as a waiver of such right in a later or separate instance. 21. Governing Law. This Agreement is made and executed under and in all respects is to be governed and construed under the laws of the State of Minnesota. 22. Binding Effect. This Agreement binds and benefits the parties and their respective successors and assigns. 23. Remedies. a. Default by Buyer. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving a 30-day written notice to Buyer pursuant to Minnesota Statutes section 559.21, as it may be amended from time to time. If Buyer fails to cure such default within thirty (30) days of the date of such notice, this Agreement will terminate, and upon such termination Seller may sue for specific performance of this Agreement or actual damages caused by Buyer's default. b. Default by Seller. If Seller defaults under this Agreement, Buyer may sue for specific performance of this Agreement, or actual damages caused by Seller's default. 24. Time. Time is of the essence with this Agreement. 25. Counterpart/Electronic Signatures. This Agreement may be executed in any number of counterparts, and, each shall have the same effect as if each copy were signed by all parties. The parties to this Agreement further agree that electronic and/or facsimile signatures on this Agreement or any agreement related hereto shall be treated with the same force and effect as original signatures. SELLER: LESTER J. WINTER AND DEIDRA A.WINTER ON BEHALF OF THE L. & D. WINTER CHARITABLE REMAINDER UNITRUST