Laserfiche WebLink
conveying property within PID 75-011-4100 to third parties shall include notice of this use <br /> restriction. <br /> b. Cargill is granted a right of entry to plant and harvest crops on PID 75-011- <br /> 4100 during the 2021 season. <br /> C. Cargill will be allowed to plant and harvest crops in future years on those <br /> portions of PID 75-011-4100 which the City has not sold or commenced development of. <br /> Upon the sale of PID 75-011-4100 or any portion thereof, this right, including the right to <br /> harvest planted crops, will expire as to that portion. The City will provide Cargill with 30 <br /> days' written notice of a prospective sale. <br /> MISCELLANEOUS <br /> 10. If any dispute arises among the parties with respect to any of the provisions of this <br /> Agreement, the parties agree to enter in the first instance into non-binding mediation to attempt to <br /> resolve the same before a mediator mutually agreed to by the parties. The cost of such mediation <br /> will be divided evenly between the parties. If mediation is not successful in arriving at an <br /> agreement as to how to resolve any such dispute, then the parties, or either of them, may pursue <br /> whatever legal rights and remedies which may exist with respect to enforcement of this Agreement. <br /> 11. Any and all notices required or sent in accordance with this agreement shall be <br /> in writing, by U.S. Mail or by electronic communications or facsimile with hard copy to <br /> follow by U.S. Mail, to the following: <br /> Cargill: Cargill Animal Nutrition Attorney <br /> Cargill, Incorporated <br /> 15407 McGinty Road West MS-24 <br /> Wayzata, MN 55391 <br /> [e] kate_hibbard@cargill.com <br /> The City: City Administrator <br /> City of Elk River <br /> 13065 Orono Parkway <br /> P.O. Box 490 <br /> Elk River, MN 55330 <br /> 12. This Agreement constitutes the entire agreement of the parties hereto <br /> concerning the subject matter hereof. It may not be supplemented, modified or changed orally, <br /> but instead can be amended only if agreed to in writing by both parties. <br /> 13. The parties have reviewed this Agreement, and the rule of construction to the <br /> effect that any ambiguities are to be resolved against the drafting party shall not be employed <br /> in the interpretation of this Agreement. <br /> 14. Each of the parties acknowledges and represents that it has been represented by <br /> competent counsel of its own choosing during the negotiation and execution of the <br /> Agreement. Each party further represents and declares that in executing this Agreement it <br /> 3 <br />