4.16 SR 06-20-2022 - Laserfiche WebLink

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Grantee agrees to pay to the City any and all costs and expenses incurred by the City in enforcing this Agreement by the use of the remedies above set out or by other remedies or means available to the City at law or in equity, including reasonable attorneys' fees whether suit be brought or not, and with interest on all such costs and expenses at the rate established by the City and allowed by law from the dates incurred by the City until paid. Grantee also aggress to pay all costs of collection of any monies due to the City from Grantee pursuant hereto, and of such costs and expenses incurred in enforcing this Agreement, with interest thereon, again including attorneys' fees and whether suit be brought or not, with interest from the dates such costs of collection were incurred until paid. 8. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when personally delivered to any officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses; To the City: CiLy Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 To Grantee: Hillside Heights Limited Partnership Attn: Dan Walsh 614 North First Street, Suite 100 Minneapolis, MN 55401 Such addresses may be changed by any party upon notice to the other party given as herein provided. 9. The terms and provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns and shall run with the title to the Property and be binding upon all present and future owners of the Property. This Agreement shall be recorded against the title to the property. If, for any reason, the provisions hereof should be determined by the legal counsel for the City, or by a court of competent jurisdiction, not to be binding upon and fully enforceable against any owner of the Property, then the variance granted by the City shall wholly cease and terminate and the Property shall be used and useable only in full compliance with all then applicable ordinances of the City. If there be at any future time more than one owner of the Property, all of such then owners, while they are such owners, shall be jointly and severally liable for all obligations under this Agreement. 0