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maintains for the distribution of real estate tax statements for the Parcel, a notice setting forth the Parking Maintenance Costs set forth in the City Council's approved budget of Parking Maintenance Costs for the upcoming fiscal year, the Allocated Share attributable to the owner's Parcel for the upcoming year, the amount of the Parking Maintenance Costs for the upcoming fiscal year that the City Council has allocated to the Parcel for that fiscal year pursuant to the resolution described in Section 9 and the amount of the monthly installment of the allocated amount. The notice will not include a copy of the approved budget, but a Parcel owner may obtain a copy of an approved budget from the City upon request. 12. Payment of Allocated Parking Maintenance Costs. The owner(s) of each Parcel must pay to the City the amount of the Parking Maintenance Costs that the City Council has allocated to the Parcel for that fiscal year pursuant to the resolution described in Section 9 and such amount is due and payable to the City in a single installment or in multiple installments on the date or dates set forth in said resolution. Each Parcel owner is personally liable for the payment of the share of Parking Maintenance Costs the City allocates to the owner's Parcel and any additional amounts due pursuant to Section 14. The City may commence an action in Anoka County District Court against any owner that does not pay such amounts to the City when and as they are due. If a Parcel has more than one owner, all owners are jointly and severally liable to the City for the full amount of the Parking Maintenance Costs the City allocates to the owners' Parcel and any additional amounts due pursuant to Section 14. An owner may not withhold payment of amounts due under this Agreement as a set-off against claims which the owner asserts against the City under this Agreement or otherwise. If an owner fails to pay an installment of Parking Maintenance Costs on or before the date due, the unpaid installment accrues interest from the date due until the installment is paid in full at a rate of interest equal to the lesser of 12% per annum or the highest rate allowed by law. If the City uses all commercially reasonable efforts to collect delinquent payments, but as a result of an owner's bankruptcy or otherwise the City is unable to recover the delinquent payments from the responsible owner, the amount of the unrecoverable, delinquent payments shall be a Parking Maintenance Cost. If a Parcel owner fails to pay the annual installment of Parking Maintenance Costs when due and the City engages legal counsel to assist the City in collecting the delinquent payments, the City may also recover its reasonable attorneys' fees and costs associated with the collection of the delinquent payments from the Parcel owner. To the extent the City is unable to recover its reasonable attorneys' fees from the delinquent owners, such fees shall be a Parking Maintenance Cost. 13. Failure to Approve a Budget or to Adont a Resolution Allocating Costs. The City Council's failure to approve a budget or to adopt a resolution allocating Park Maintenance Costs among the Parcels pursuant to Sections 8 and 9 above or the City's failure to send the notice described in Section 11 above does not constitute the City's waiver or release of a Parcel owner's obligation to pay its Allocated Share of Parking Maintenance Costs, and in the absence of an approved budget, a resolution allocating Park Maintenance Costs among the Parcels or an annual notice, for a given fiscal year, each Parcel owner must pay, on or before the first day of each fiscal year, an amount equal to the amount of the prior fiscal year's allocation of Parking Maintenance Costs until the City Council approves a budget and adopts a resolution allocating Parking Maintenance Costs for that fiscal year and the City provides mailed notice of the information described in Section 11. A-6 2707737v11 09/27/11