Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />. <br /> <br />2. The Country Club shall permanently maintain, repair and replace the <br />improvements on the Access Drive Easement at its sole cost and expense, and the City shall have <br />no obligation to pay for any costs related to such maintenance, repair or replacement. The <br />Country Club shall have the right to remove snow and ice froin the Access Drive Easement, but <br />in no event shall have the right to pile or store snow from such Access Drive Easement area on <br />the Park Property, except in areas approved by the City. <br /> <br />3. No structures or improvements other than driveways, curbs, gutters and <br />landscaping shall be constructed by reason of the rights granted herein upon the Access Drive <br />Easement. <br /> <br />4. The Country Club shall indemnify and hold the City harmless from and against <br />any and all claims, actions, damages, liability and expense in connection with damage to <br />property or bodily injury arising out of the use by Country Club and its successors and assigns of <br />the Access Drive Easement. <br /> <br />5. If any party to this Agreement (or their respective successors entitled) shall bring <br />an action, legal or equitable, against any other party or parties to this Agreement (or its or their <br />successors in title) in connection with an alleged breach of the terms and provisions hereof, the <br />losing party or parties shall pay the prevailing party or parties reasonable attorneys' fees and <br />costs in connection with any such action, and such attorneys' fees and costs shall be deemed to <br />have accrued on the commencement date of any such action. <br /> <br />6. This Agreement shall be governed by and construed in accordance with the laws <br />of the State of Minnesota. <br /> <br />7. This Agreement will run with title to the Park Property and the Country Club <br />Property and is binding upon and inures to the benefit of the parties hereto and their respective <br />successors in title. The covenants and obligations of each of the owners set forth in this <br />Agreement shall be binding upon such owner solely as the owner of the respective property and <br />shall be binding on the owners of the Park Property and Country Club Property and their <br />respective successors and assigns only as to such obligations arising during their respective <br />periods of ownership of the applicable parcel. <br /> <br />8. All notices to be given under this Agreement shall be given, in writing, by <br />certified or registered mail, to each owner at the address or addresses to which tax statements <br />would be sent by the taxing authority of Sherburne County, Minnesota, to the owner of such <br />property, but nothing shall prevent actual delivery to the owner by other means. <br /> <br />2 <br />