Agenda - Council - 05/10/2011 - Laserfiche WebLink

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3. That should fifty percent (50%) or more of the Existing Fence need to be replaced due to deterioration, damage or other circumstances, the Permittee shall be required to relocate the entire Existing Fence such that it is located entirely on the Subject Property. 4. That should the Subject Property be transferred to another party, then the responsibilities and obligations of this Agreement shall be transferred to that same party and the Permittee herein agrees to notify said party of this Agreement. 5. That this Agreement shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and the Permittee. 6. That the Permittee herein agrees that this Agreement shall be binding on successors and assigns. 7 As it relates to the Existing Fence encroachment onto City Property, upon 180 days prior written notice to Permittee, this Agreement may be terminated in the event the City finds that the encroachment is no longer in the best interests of the City. 8. That notwithstanding anything in this Agreement to the contrary, Permittee and their successors shall not be entitled to claim fee title to any part of the City Property by adverse possession or by any other legal claim. Todd Newlin and Jillian Bonsteel-Newlin, owner of fee title to the Subject Property, hereby acknowledge receipt of this Agreement and have reviewed the conditions of this Agreement and have agreed to comply with the terms of this Agreement. Todd Newlin Jillian Bonsteel-Newlin STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , , before me a Notary Public, personally appeared Todd Newlin and Jillian Bonsteel-Newlin, fee title owners of the Subject Property, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public