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Agenda - Council - 11/09/2004
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Agenda - Council - 11/09/2004
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3/24/2025 2:34:07 PM
Creation date
11/5/2004 2:20:19 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
11/09/2004
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A D Trsc TUCLE -ARTICLE 8 <br />MISCELLANEOUS <br />7— ]-8.1 NO THIRD PARTY RECOURSE OR RIGHTS. Third parties shall have no <br />recourse or rights under this Agreement against the City or the Developer. <br />748.2 RECORDING. The Developer must record this M-a&ter--Agreement or a <br />memorandum summary hereof with the County Recorder and/or Registrar of Titles, as <br />appropriate. The City shall execute any and all documents necessary to implement the recording. <br />7-.-28.3 BINDING AGREEMENT. The parties mutually recognize and agree that all <br />terms and conditions of this Agreement shall run with the Subject Property, and shall be binding <br />upon the successors and assigns of the Developer and the City. <br />7.48.4 WAIVER. Any party hereto may extend the time for the performance of any of <br />the obligations of another, waive compliance by another with any of the covenants contained in <br />this Agreement and performance of any obligations by the other under this Agreement. Any <br />agreement on the part of any party for any such extension or waiver must be in writing. No <br />waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver <br />of any other provision, whether or not similar, nor shall any waiver constitute a continuing <br />waiver. <br />748.5 GOVERNING LAW. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Minnesota. <br />7-. i8.6 COUNTERPARTS. This Agreement may be executed in any number of <br />counterparts, each of which shall be deemed an original but all of which shall constitute one <br />i-ni nd the same instrument. <br />7.78.7 HEADINGS. The subject heading of the Sections of this Agreement are included <br />for the purpose of convenience only, and shall not affect the construction or interpretation of any <br />of its provisions. <br />[remainder of page intentionally left blank; signature page follows] <br />1639311v1 5 <br />
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