Agenda - Council - 09/13/2004 - Laserfiche WebLink

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..... <a'rcemenh The Piaster Ag~-eement is modified bv adding a new pursuant to the rem~ of this ' L ~ . Section !s.S(e)wm~m saad read as follow, s: Failure by the Developer to perfom: the Developer's.obligations ~..e Parkland ~rau Plan A~eement for lamsey Town C~ =~ effective as of the __ day o~ ,2004. ,~R. TICLE 7 T Y~T \ ~ TT MISC.," ~LAN~O ,'.l NO '~T-~Tp~F) PAaVTY R.ECOL~S5 OR P.J(:H ~$. Third parties shall have no recourse or n~hts~ under this Agreemen~ ~a,ns~'-' ~ * the City or the Developer. 7.2 P,_ECOR~'G. The Deveioper must record this iVfaster Ag-reement or a memorandum summary hereof with the County Recorder and(or Re~strar of Titles, as appropriate. The City shall execute any and ali documents necessary to implement the recording. 7.3 Bn~.©I-NG_ . .~.,..,~,_~ar~-~' ~:=M:'''-r''t',_,_,~ ~. The paroles mutually recoznize_ and agree~ that all tern'ts and conditions of this Agreement shall tun with the Subject Propemy, and shall be binding upon the successors and assigns or,he Developer and the City. ' 7.4 WA?/ER. Any party hereto may extend the time for the pe~ff'on'nance of any of the obligations of another, waive compliance by another with any of' the covenants contained in this A~eement and peribnmance of any obligations by the other under ti~s A~eement. ~y a~eement on the pa~ of any part}, ~br any such extension or waiver must be m writing. No waiver of ~y'of the provisions of this A~eement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nov shall any waiver constitute a continuing waiver. 7.5 G©V'g'PN~'G LAW. This A~eement shall be governed by and construed in accordance with t!~e taws of the State of Mimtesota. 7.6 COL,'.%'TERPARTS. This Agreement may be executed in an},. number of counterparts, each of whmh shall be deemed an original but al! of which shall constitute one in the same instrument. 7.7 PiEA~P~{iS. The subject heading of the Sections o£ tMs ,%n'eement are included for the pm:--poSe of convenience only, and sha!] not aiYect the construction or interpretation of any of its provisionS. [remainder of aoo intentionally left blare; sic. mature page follows] -34fi-