pf_03361 - Laserfiche WebLink

Home

" with copies to: MadisonjMarquette Realty Services 230 Second Avenue South 900 Baker Building Minneapolis, MN 55402 Attn: Northtown Mall Asset Manager and to: Northtown Mall Partners One Insignia Financial Plaza 16th Floor P.O. Box 1089 Greenville, South Carolina 29602 To the Council: Metropolitan Council Mears Park Centre 230 East 5th Street St. Paul, MN 55101 Attn: Regional Administrator The persons named above shall be the authorized representatives of the parties for the purposes of sending and receiving notices and communications required or permitted pursuant to this Agreement, exclusive of service of process. Any party may change its address or authorized representative by written notice delivered to the parties pursuant to this Section 9.2. 9.3 Entire Agreement; Amendments. This Agreement supersedes all prior agreements, oral and written, between any or an of the parties hereto, except agreements relating to financing of the transit hub project and the transfer of the Council Parcel to the Council, and this Agreement is the entire agreement between the parties, and there are no other covenants, terms, provisions or understandings, written or ora11 between any or aU of the parties hereto relating to the use of the Mall for public transit, and the ACRRA and the Council have and claim nO right to use the Mall Property, or any part thereof, for public transit other than as set out in this Agreement. This Agreement may be amended and modified only by wrjtten agreement that is in recordable form and that is signed by the Council, the ACRRA (if the amendment is to be signed before the ACRRA ceases to be a party to this Agreement pursuant to Section 2.8), and Northtown, or their successors in interest, and no such amendment or modification shall be binding on the parties or have any effect until it is placed of record against the titles to both the Council Parcel and the Northtown Parcel. 9.4 No Gift or Dedication. Nothing herein contained shall be deemed to be a gift or dedication of the interests hereby created, or any portion thereof, to the general public, even though some of the interests hereby created may be used for or by the general public. 9.5 Time of Performance. Time is of the essence of this Agreement. -16- Ll 'd [(;V6'ON ^30 ~~OJ 3NIVlS AllJ ~d(;O:(;1 100(; '08'AON