6.3. SR 10-18-1999 - Laserfiche WebLink

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. 1. The City hereby grants and conveys to the Country Club and its successors and assigns, as owner of the Country Club Property, an easement for driveway purposes over the Driveway Easement. 2. Use of the Driveway Easement by the Country Club shall be limited to use for access to the Country Club's Maintenance Facility. The Driveway Easement shall not be used by the Country Club for general or public access to the Country Club Property, nor for parking or any purpose other than access to the Maintenance Building. 3. The City shall maintain, repair and replace as necessary, in the City's sole discretion, the driveway located upon the Driveway Easement area; and Country Club shall share in the costs to the City of such maintenance, repair and/or replacement. Invoices in reasonable detail identifying the City's costs for maintenance, repair, and replacement work ("Reimbursable Costs") shall be provided by the City to the Country Club and the Country Club shall reimburse the City for 25% of the Reimbursable Costs within thirty (30) days after receiving such invoice. If such amount is not paid when due, interest shall accrue on the amount due from the date due until paid at the rate of eight percent (8%) per annum. 4. No structures or other improvements shall be constructed by reason of the rights granted herein upon the Driveway Easement. . 5. The Country Club shall not have the right to remove snow and ice from the Driveway Easement unless written approval to do so is given by City. In no event shall Country Club have the right to pile or store snow from the Driveway Easement area on the Park Property, except in areas approved by the City. 6. The Country Club shall indemnify and hold the City harmless from and against any and all claims, actions, damages, liability and expense in connection with damage to property or bodily injury arising out of the use by Country Club and its successors and assigns of the Driveway Easement. 7. If any party to this Agreement (or their respective successors entitled) shall bring an action, legal or equitable, against any other party or parties to this Agreement (or its or their successors in title) in connection with an alleged breach of the terms and provisions hereof, the losing party or parties shall pay the prevailing party or parties reasonable attorneys' fees and costs in connection with any such action, and such attorneys' fees and costs shall be deemed to have accrued on the commencement date of any such action. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. . 9. This Agreement will run with title to the Park Property and the Country Club Property and is binding upon and inures to the benefit of the parties hereto and their respective successors in title. The covenants and obligations of each of the owners set forth in this Agreement shall be binding upon such owner solely as the owner of the respective property and 2