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POO 'd WHEREAS, Brysons and Johnson seek Jennlssion and approval from rity to divide the Property such that the northern approtmately one half of the Prope would be combined with the Bryson Property which is rdjacent to the north, and the S(i)uthern approximately one half of the Property would be combined with the Johnson P I perty which is adjacent to the south; and WHEREAS, City is willing to approves 1ch division of the Property o tem1s and conditions set forth below; NOW, WHEREFORE, in consideration f City's conditional approval fthe di:Vision oft~e Property as s~t forth.in th~ n1inurs of the meet~g of the City C I uncil of Clty on Apnl 12, 1999, and m cons1derat1on of1he above premises and the covfnants set forth below, and for other good and valuable consideration, the Parties hereby igree as follows: l j/ 1. On or before the date which is tl 'rty (30) months from the dat,eilereot: Brysons and Johnson at 111<dr sole cost and expe~1:;,e shall demolish the Cabin cl dispose of the debris in accordance ,:vi.th all applicable laws. 2. The Parties acknowledge and ag ee that if Brysons or Johnson both of them breach paragraph 1 above, then City shall suffer immediate and irreparab e harm entitling City to; a. Equitable relief including but no limited to an order for specifi • performance. In such case, Citythall be entitled to recover anJ shall recover from Brysons and Johns n, jointly and severally, any d all costs of obtaininti; such equitable relie , including reasonable attorne s 1 fees and costs; o:r: l b. Enter upon the Property and den olish and remove the cabin. I such case Brysons and Johnson shall (i) p~omptly pay to City the costs o such demolition and removal, and (ii,1 indemnify, hold harmless and efend City for any and all damage or injury or claims therefor arising out of or in any way resulting from such ctef 101ition o:r removal, except for ny damage or injury or claims therefor resulting from the neglige e or willful misconduct of City or itJ agents. Any costs or foes awarded City by any court p j suant to snbparagraph 2(a), o any costs incurred by City pursuant to subparagraph 2(b shall be immediately assessab e against the Bryson Property and the Johnson Property. 3 . The provisions of this Agreeme t shall be binding upon~ and sfuall inure to the benefit of, the Parties and their respective ieirs, successors and assigns. 4. This Agreen1ent shall be gover ed by the laws of the State of h1~1esota. 2 6960 £LP ?!9 V1 NOS~3ld~NOS~3ld p{:{{ (rnd)66 ,60-~dV