Agenda Packets - 2003/10/27 - Laserfiche WebLink

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expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical, administrative or professional assistance. This indemnity shall be continuing and shall survive the termination or cancellation of this Agreement. Nothing in this Agreement shall be considered as a waiver or modification of immunity or limitation on liability to which the City is entitled pursuant to Minn. Stat.§ 466, or otherwise. 5. Limitation of Use. The use of the area as described in Exhibit A shall be limited to the Resident of the property. 6. Termination. The City or the Resident may terminate this Agreement at any time for any reason, or for no reason at all, by providing 90 days written notice to the other party. Upon termination of this Agreement, the Resident shall remove the driveway, shown on Exhibit B, and return the property to the condition it was in prior to construction of the driveway, at the Resident’s sole cost. 7. Assignability of Agreement. This agreement shall remain in force in perpetuity or until terminated by either party. The Resident may not assign its rights under this Agreement to any person other than subsequent owners of the property. The City may assign its rights under this Agreement to any person at any time. 8. Miscellaneous Provisions. (a) The City is entitled to recover its reasonable attorney's fees and costs incurred drafting this Agreement and in enforcing the terms of this Agreement. (b) Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of the Resident, is addressed to or delivered personally to the Resident at 2337 Knoll Drive, Mounds View, MN 55112 and (ii) in the case of the City, is addressed to or delivered personally to the City at City of Mounds View, 2401 Highway 10, Mounds, View, MN 55112, Attn: City Administrator; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. (c) The City may record this Agreement and any amendments thereto in the office of the Ramsey County Recorder or Registrar of Titles, as may be applicable. In either case, the Resident shall pay all costs for recording and shall assist and cooperate with the City as necessary to record this Agreement. (d) This Agreement constitutes the entire agreement between the Resident and the City and supersedes any other written or oral agreements between the parties. This Agreement can be modified only in a writing signed by the parties.