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09-16-1998
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09-16-1998
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MV City Council
City Council Document Type
City Council Packets
Date
9/16/1998
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• NOW, THEREFORE, in consideration of mutual promises herein contained and other <br /> good and valuable consideration, the receipt in sufficiency of which is hereby acknowledged, <br /> the parties agree: <br /> 1. Access. Herbst and Mounds Vista jointly agree that they will, subject to the <br /> terms of this Agreement, permit access from one tract to the other for the convenience of their <br /> guests, patrons, invitees and employees, said access to be located along their common <br /> property line as depicted on the attached Exhibit "B". <br /> 2. Parking. The parties agree that during the term of this Agreement they will <br /> permit their respective guests, invitees, employees and patrons to park upon the property of <br /> the other in the areas designated for parking on their respective tracts. <br /> 3. Encroachments. Herbst grants to Mounds Vista a limited license to permit <br /> encroachment of certain parking improvements upon the Herbst Tract and to allow Mounds <br /> Vista to create parking spaces which are immediately adjacent to the common property line. <br /> 4. Term. This Agreement may be terminated by either party upon give thirty (30) <br /> days prior written notice. Upon termination, any driveway access and/or curb cuts may be <br /> removed, closed or obstructed and all encroachments which have been made by Mounds Vista <br /> upon the Herbst Tract shall be removed by Mounds Vista within 60 days following <br /> • termination of this Agreement. <br /> 5. Notices. All notices permitted are required to be given under the terms of this <br /> Agreement shall be mailed to the parties at the addresses set forth below, postage prepaid, <br /> certified mail, return receipt requested, said notice to be effective upon receipt: <br /> Charles Herbst <br /> Personal Representative of the <br /> Estate of Eleanor Herbst <br /> 2299 County Road H <br /> Moundsview, MN 55112 <br /> Mounds Vista, Inc. <br /> c/o Mermaid <br /> 2200 Highway 10, <br /> Moundsview, MN 55112 <br /> Either party may change the address or party to which notices shall or may be sent by giving <br /> notice thereof to the other in accordance with the provisions of this paragraph. <br /> • <br />
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