CCP 01-13-1997 - Laserfiche WebLink

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I - l~/;;::(J/~t;i 1 i:-!('j r:,~ i ti;j~ti:'-Hl sse ~OlJ"Ol; I period, MASC may demand paymem ofth~ fitS( part of ,he DOWN PAYMENT, porriOll of the " financing_ Paymem of rhc first pan of the DOWN PAYMENT means that the proposcd design is accepted by that party, Failure co pay within 30 days afrer thc demand mcans thar rhe party failing to pay has withdrawn from this agreement and this agreement shaIl be void as to ail partics_ I If the requircd DOWN PAYMENTS are made, MASC will cause the facility to be constructed substantially in accordance with the proposed design- I After design approval, any substantill modifications nor increa<ing thc overall cos[ of the facility by more than $50,000 may be made by a majority VOte of the Joint Board. After design approval any substantial modifications co the design which increases rhe overall I cost of tht facility by more than $50,000 may bc m.de only after a unanimous vore of the Joim Board. I V. EXPANSION MASC shall have rhe right ro expand the nLlmber of icc shttts on its property beyond fOLlr provided rhO[: I If such expansion is physically connecred ro this facility all parries shall have pro tata right of first rtfusal co PLlrchase addirional scheduling and programming righTS on mch rerms and conditions as are offered by MASC. I Exception: It is contemplated thar MASC in connection with financing rhe constrLlction of rrus faciH\:y) may make cerra in covenantS co Anoka COl1nry in connecrion with the opc:racion of Ie ColLlmbia Ice Arena, In sLlch case, MASC shall be permitrcd ro fulfill irs covenant' as a priority over righrs gtanted by this paragraph. VI. DEFAULTS AND FAILURES TO PERFORM I If any party d"faulrs on any of its obligarions under rhis agreemenr and such dcrnLlIr continues for a period in "xcess of30 days after wrjnen notice is mailed to such parry, rhe orhcr parties shall have right of fitS( rofusal on all of rhe d<faLllting parry's asse", liabilities, righTS and I obligations in conneccion wirh the f."ility and this agreement, under such terms conditions and procedure as an: derermined by [he:: agreement, under such [eflll5 condi[ions and procedures 3:i are determined by the Joint Board. If no orher party assumes the assets, liabilities, rights and obligarions I of the dcfaulting party, MASC may dispose of them ins such manner" it sees fir. If any party except rhe MASC fails ro perform an obligation required under this agreement, all plUties agree that MASC may pLltsue any apptopriare remedics on behalf of all partie.< including I litigation in a COLlrt of compettnt jurisdiCtion, If MASC fails to perform any obligation, rhe board, by majotity affirmative VOtC may pur'Lle appropriate remedies on behalf of all parties. I VII. ADDITIONAL AGREEMENTS The lviANS Subdivisions may enter inw agreemen[~ llmong one anorhcr nOr inconsisten[ with ,his agreement. I Ie is undersmod tha[ Alloka County may require:: pledges of revenuc:'i rccc::ived put.suant to I:hc:: Masrer AgIeement and covc:nanrs in conner;;:tion with the financing of the Far;;:ility. Such covtnUl1rs, to the excenr inconsisrcnc with [his Master Agreement t.:l.kc: prc::cedencc over rhis Ma~ter Agreement. I VIII. AliENATION OF INTEREST Any parry may sdl. p:lrririon or alienate irs interest in the Faclllcy or in iliis agreement ro any ~ II I