1998 Planning Commission Packets

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NOW, THEREFORE, in consideration of mutual promises herein contained and other good and valuable consideration, the receipt in sufficiency of which is hereby acknowledged, the parties agree: I. Access. Herbst and Mounds Vista jointly agree that they will, subject to the terms of this Agreement, permit access from one tract to the other for the convenience of their guests, patrons, invitees and employees, said access to be located along their common property line as depicted on the attached Exhibit "B ". 2. Parking. The parties agree that during the term of this Agreement they will permit their respective guests, invitees, employees and patrons to park upon the property of the other in the areas designated for parking on their respective tracts. 3. Encroachments. Herbst grants to Mounds Vista a limited license to permit encroachment of certain parking improvements upon the Herbst Tract and to allow Mounds Vista to create parking spaces which are immediately adjacent to the common property line. 4. Term. This Agreement may be terminated by either party upon give thirty (30) days prior written notice. Upon termination, any driveway access and/or curb cuts may be removed, closed or obstructed and all encroachments which have been made by Mounds Vista upon the Herbst Tract shall be removed by Mounds Vista within 60 days following termination of this Agreement. 5. Notices. All notices permitted are required to be given under the terms of this Agreement shall be mailed to the parties at the addresses set forth below, postage prepaid, certified mail, return receipt requested, said notice to be effective upon receipt: Charles Herbst Personal Representative of the Estate of Eleanor Herbst 2299 County Road H Moundsview, MN 55112 Mounds Vista, Inc. c/o Mermaid 2200 Highway 10, Moundsview, MN 55112 Either party may change the address or party to which notices shall or may be sent by giving notice thereof to the other in accordance with the provisions of this paragraph.