3.10 EDSR 01-17-2017 - Laserfiche WebLink

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Exhibit Cand graphically depicted in Exhibit D. 4.Termination of Easement.The Driveway Easement and all use thereof by YDE shall terminate when all of the following have occurred: (a)The E&R Parcel is approved and platted for development; and (b)E&R and YDE, or their successor owner(s), have entered into a new agreement which: (i)Provides a permanent, private shared access drive from Business Center Drive to the YDE Parcel and the adjacent E&R properties for the use of the owners of all the benefitted properties; and (ii)Provides for the installation, use and maintenance of the new access drive; and (c)The new access drive has been installed and approved by the City of Elk River for use. (d)E&R and YDE, or their successor owner(s), hereby agree to reasonably negotiate the terms of ashared maintenance agreement for the new access drive. (e)Upon termination, all use of the Driveway Easement as an access shall cease, and E&R may record an Affidavit of Termination which shall be deemed conclusive proof thereof. 5.Maintenance of Easement.YDE shall be solely responsible to maintain the Driveway Easement, including without limitation, to removesnow and ice,to spread sand and salt, and to maintain, repair or replace the pavement or other improvements to the extent reasonably required for the Driveway Easement to be suitable for use as intended bythis Agreement. 6.Obstruction of Easement.The Driveway Easement may not be used for the parking or storing of vehicles, boats, motors, campers, trailers, motorcycles, snowmobiles, recreational or other vehicles.Nogate, fence, barrier or other obstruction, interference, or impediment which would unreasonably obstruct, interfere or impede pedestrian and vehicular trafficfor the purposes stated in this Agreement shall be erected, created, permitted or suffered within the Driveway Easement, except as necessary for controlling normal traffic flows, and, on a temporary basis, for construction purposes, and then only to such extent as to cause the least possible interference with the use thereof, and no overburdening of or to the Driveway Easement shall be caused by unusual increases in traffic volume or load bearing. 7.Transferability of Easement.This Agreement shall run with the land, and every portion thereof, and shall inure to the benefit of, and shall be binding upon, each and every owner, and the successors and assigns of the parties hereto. 8.Enforcement. If a party breaches the terms of this Agreement and such breach continues for ten (10) days after written notice from the other party specifying such breach and the action required to cure the same, such party shall be a Defaulting Party, and the non-breaching party shall have all rights and remedies granted at law or in equity, including without limitation the right to seek mandatory or prohibitory injunctive relief, the right to take such actions as reasonably shall be required to rectify such breach and the right to recover from the Defaulting Party all costs incurred by the non-breaching party in doing so, with interest thereon from the date incurred to the date reimbursed at the rate of eight percent (8%) per annum. In addition, the non-breaching party shall be entitled to recover from the Defaulting Party its reasonable attorney’s fees and court costs incurred in enforcing the terms of this Agreement, regardless whether suit is actually commenced. In no event shall a Defaulting Party be denied the right to use the Driveway Easement for the purposes specified in this Agreement.The failure to enforce any provision of this Agreement upon any violation thereof shall not constitute a waiver of the right to do so for any subsequent such violation. Page 3of 11