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<br />. <br /> <br />3. The City shall maintain, repair and replace as necessary, in the City's sole <br />discretion, the driveway located upon the Driveway Easement area; and Country Club shall share <br />in the costs to the City of such maintenance, repair and/or replacement. Invoices in reasonable <br />detail identifying the City's costs for maintenance, repair, and replacement work ("Reimbursable <br />Costs") shall be provided by the City to the Country Club and the Country Club shall reimburse <br />the City for 25% of the Reimbursable Costs within thirty (30) days after receiving such invoice. <br />If such amount is not paid when due, interest shall accrue on the amount due from the date due <br />until paid at the rate of eight percent (8%) per annum. <br /> <br />4. No structures or other improvements shall be constructed by reason of the rights <br />granted herein upon the Driveway Easement. <br /> <br />5. The Country Club shall not have the right to remove snow and ice from the <br />Driveway Easement unless written approval to do so is given by City. In no event shall Country <br />Club have the right to pile or store snow from the Driveway Easement area on the Park Property, <br />except in areas approved by the City. <br /> <br />6. 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 Driveway Easement. <br /> <br />. 7. 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 />8. This Agreement shall be governed by and construed in accordance with the laws <br />of the State of Minnesota. <br /> <br />9. 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 />. <br /> <br />10. 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 />