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WHEREAS, Brysons and Johnson seek permission and approval from City to divide the Property such that the northern approximately one half of the Property would be combined with the Bryson Property which is adjacent to the north, and the southern approximately one half of the Property would be combined with the Johnson Property which is adjacent to the south; and WHEREAS, City is willing to approve such division of the Property on certain terms and conditions set forth below; NOW, WHEREFORE, in consideration of City's conditional approval of the division of the Property as set forth in the minutes of the meeting of the City Council of City on April 12, 1999, and in consideration of the above premises and the covenants set forth below, and for other good and valuable consideration, the Parties hereby agree as follows: 1. On or before the date which is thirty (30) months from the date hereof, Brysons and Johnson at their sole cost and expense shall demolish the Cabin and dispose of the debris in accordance with all applicable laws. 2. The Parties acknowledge and agree that if Brysons or Johnson or both of them breach paragraph 1 above, then City shall suffer immediate and irreparable harm entitling City to: a. Equitable relief including but not limited to an order for specific performance. In such case, City shall be entitled to recover and shall recover from Brysons and Johnson, jointly and severally, any and all costs of obtaining such equitable relief, including reasonable attorneys' fees and costs; or b. Enter upon the Property and demolish and remove the cabin. In such case Brysons and Johnson shall (i) promptly pay to City the costs of such demolition and removal, and (ii) indemnify, hold harmless and defend City for any and all damage or injury or claims therefor arising out of or in any way resulting from such demolition or removal, except for any damage or injury or claims therefor resulting from the negligence or willful misconduct of City or its agents. Any costs or fees awarded City by any court pursuant to subparagraph 2(a), or any costs incurred by City pursuant to subparagraph 2(b) shall be immediately assessable against the Bryson Property and the Johnson Property. 3. The provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective heirs, successors and assigns. 4. This Agreement shall be governed by the laws of the State of Minnesota. 2