Laserfiche WebLink
<br />flow patterns with the surface parking areas that are immediately adjacent thereto. <br />Such demolition and restoration activities shall be conducted and scheduled in a <br />manner that does not unreasonably disrupt the flow of traffic on the Ring Road <br />and on adjacent areas of the MaU's surface parking facility. The date of the <br />substantial completion of such demolition and restoration of the site as a surface <br />parking facility shan be defined herein as the "Demolition Completion Date.f1 <br />Notwithstanding any contrary provision herein, in the event of the occurrence of the <br />Demolition Completion Date, the following provisions shall be applicable: <br /> <br />(a) The rights herein of the Owner of the Council Parcel to access across and <br />use of the Northtown Parcel, and the obligations of Northtown to maintain <br />the Northtown Parcel, shall be deemed terminated and of no further force <br />and effect; and <br /> <br />(b) The easements and restrictive covenants set forth in Sections 3.2 and 3.3 of <br />this Agreement shall remain in full force and effect and, subject to its right <br />to construct and operate replacement public transit facilities upon the <br />Council Parcel, the Owner of the Council Parcel shan maintain a surface <br />parking 1m on the Council Parcel that has traffic flow and striping patterns <br />that are integrated with the surface parking facility upon the adjacent <br />portions of the Northtown Parcel (which surface parking lot upon the <br />Council Parcel shall be defined as the "Council Parking Facility"); and <br /> <br />(c) Northtown will be responsible for maintenance of the Council Parking <br />Facility in the same manner and to the same extent as required in Section <br />4.5 for the Park and Ride Area. <br /> <br />ARTICLE VIII <br />LIMITED RECOURSE PROVISION AND WAIVER OF CLAIMS <br /> <br />8.1 limited Recourse Provision. Notwithstanding any contrary provision herein, if <br />Narthtown shall fail to perform any covenant! term! or condition of this Agreement <br />required to be performed by Nonhtown, and if, as a consequence of such default, <br />any other party to this Agreement shall recover a money judgment against <br />Northtown, such judgment may be satisfied only out of the proceeds! if any, , <br />received upon execution or levy of such judgment against the right, title, and <br />interest of Northtown in the Mall Property and out of rents or other income from <br />such property receivable by Northtown from the sale or other disposition of all or <br />any part of Northtown)s rightr titler and interest in the Mall Property, and <br />Northt own , and the individual officers and partners of NorthtoWTI, shan not be <br />personally liable for any deficiency; provided, the provisions of this Section 8.1 shall <br />not restrict the recovery of any money judgment to the extent that such judgment is <br />covered by any policy of liability insurance under which N orthtown is an insured. <br />Any lien created by any such money judgment against Northtown shall arise as of <br />the date such judgment is docketed in Anoka County, Minnesota, by the court <br />administrator for the Minnesota State District Court for the Tenth Judicial District, <br />and shall be prior and superior to all liens and encumbrances that are created after <br /> <br />-14- <br /> <br />9l 'd lGv6'oN <br /> <br />^30 ~~OJ 3NIVl8 AIIJ <br /> <br />~dIO:GI 100G 'OS'^ON <br />