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Agenda - Council - 01/22/2008
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Agenda - Council - 01/22/2008
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3/19/2025 9:10:56 AM
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1/18/2008 7:33:44 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
01/22/2008
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B. Definitions. Unless the context requires otherwise, the term "Owner" includes, <br />jointly and severally, the current owner or owners of the Easement Areas and their <br />personal representatives, heirs, .successors and assigns.. in title to the Easement <br />Areas and/or the Owner Tract. The teen "City" includes. its successors or assigns <br />to its interest in this CE & R. <br />C. Termination of Ri~,hts and Obli atg ions. A party's rights and obligations under <br />this CE & R terminate upon the transfer or termination of that party's interest in <br />this CE & R or the Easement Areas, provided, however, that any liability for acts <br />or omissions occurring prior to the transfer or termination will survive that <br />transferor termination. <br />D. Recording. The City will record this CE & R in a timely manner with the Anoka <br />County Recorder's Office. The City may re-record this CE & R or any other <br />documents necessary to protect its rights under this CE & R on to assure the <br />perpetual enforceability of this CE & R. <br />E. Controlling Law and Construction. This CE & R shall be governed by the laws <br />of the State of Minnesota and construed to resolve any ambiguities or questions of <br />validity of specific provisions in favor of giving maximum effect- to its <br />Conservation Values and to the policies -and purposes of Minnesota Statutes <br />Chapter 84C. <br />F. Severability. A determination that any provision or specific application of this <br />CE & R is invalid shall not affect the validity of the remaining provisions or any <br />future application. <br />G. Additional Documents. The Owner agrees to execute or provide any additional <br />documents reasonably needed by the City to carry out in perpetuity the provisions <br />and the intent of this CE & R, including, but not limited to any documents needed <br />to correct any legal description or title matter or to comply with any federal, state, <br />or local law, rule or regulation. <br />H. Entire Agreement. This document sets forth the entire agreement of the parties <br />with respect this CE & R and supersedes all prior discussions or understandings. <br />IN TESTIMONY WHEREOF the parties Hereto have signed below on the day and year first <br />above written <br />OWNER: <br />Sweetbay Land Company, LLC, <br />a Minnesota limited liability company <br />By: <br />Its Chief Manager <br />10 <br />_95. <br />
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