Agenda - Council - 12/14/2021 - Laserfiche WebLink

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1. Association Maintenance. The Association shall provide fall and spring clean-up, including leaf pick-up, of the Park in accordance with standards established by the City (the"Park Maintenance"). In the event that the Association fails to adequately provide such Park Maintenance, the City shall have the right,but not the obligation, after providing ten(10)days prior written notice to the Association,to perform such maintenance and charge the cost thereof to the Association. Payment of such cost shall be made within thirty (30) days after the Association has been notified by the City of the amount of such cost. If full payment is not made within such 30 day period the City shall have all rights available at law and in equity to collect such cost, as well as the right to assess the cost against the Property pursuant to Minn. Stat. §429.101. 2. City Maintenance. Other than the Park Maintenance to be provided by the Association, as described in Section 1, above, the City shall be solely responsible to maintain,repair and when necessary replace all improvements within the Park in a condition deemed adequate and appropriate by the City. All such maintenance, repair and replacement shall be done in a manner and at such times as the City deems necessary and appropriate. 3. Binding Effect. The terms, conditions, covenants, indemnifications and easements contained herein shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. 4. Duration, Amendment, Modification or Waiver. The obligations established hereby shall be effective upon the recording of this Agreement in the appropriate recording office of Anoka County, and shall be perpetual unless terminated or modified by an amendment. No amendment, modification, waiver or termination of any condition,provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the parties hereto,their successors or assigns,and specifying with particularity the extent and nature of such amendment, modification, termination or waiver, and recorded in the same county recording office in which this Agreement is recorded. Any waiver by any party of any default of another party hereunder shall not affect or impair any right arising from any subsequent default. 5. Severabi If any provision of this Agreement is held to be unenforceable or void, such provision shall be deemed to be severable, and the balance of the Agreement shall remain in full force and effect if enforcement of the remainder of the Agreement is reasonably practicable. 6. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the foregoing Agreement has been executed on the day and year first above written. (Signature page to follni)) 2