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<br />respective property owner shall comply with all laws, rules, regulations and requirements of <br />public authorities relating in any manner whatsoever to the parking area and related access. <br /> <br />3. Duration. The easements, covenants, conditions and restrictions c~:mtained herein <br />shall be perpetual (subject to the specific provisions and limitations hereof) and shall create <br />mutual benefits and covenants running with the Property, and shall be binding upon any owner, <br />tenant or occupant of the City Property and the Grantor Property and their respective legal <br />representatives, heirs, successors and assigns. This easement may be terminated by Grantor by <br />providing written notice to the City during the tenth year of the initial easement term or the tenth <br />year of any subsequent renewal. The termination shall be effective upon the later of 1) the date <br />10 years after the date of this agreement or the applicable renewal; or 2) One year after the date <br />of the notice. If the easement is not terminated the easement shall automatically renew for <br />additional ten year terms until terminated by Grantor. Upon Termination the City agrees to <br />execute any document necessary to clear this easement from the title to the Grantor Property. <br /> <br />4. Sole Ae:reement. Except as provided in Paragraph 3, this Agreement may not be <br />amended or modified in any respect whatsoever except by an instrument in writing signed by all <br />parties. This Agreement constitutes the entire agreement between the parties with respect to the <br />easement set forth herein and supersedes all prior negotiations, discussions, writings and <br />agreements between them in connection therewith except as set forth herein. <br /> <br />5. Not a Public Dedication. Nothing herein contained shall be deemed to be a grant <br />or dedication of any portion of the Grantor Property to or for the general public or for any public <br />purposes whatsoever, it being the intention of Grantor and City that this Agreement shall be <br />strictly limited to and for the purposes herein expressed. <br /> <br />6. Attornevs' Fees. In the event of any controversy, claim or dispute relating to this <br />Agreement, the prevailing party in a non-appealable judicial resolution of such controversy, <br />claim or dispute shall be entitled to recover from the losing party reasonable expenses, attorneys' <br />fees and costs. <br /> <br />7. Counterparts. This Agreement may be executed in any number of counterparts, <br />each of which shall be deemed an original, but all of which together shall constitute one and the <br />same instrument. <br /> <br />8. Applicable Law. This Agreement shall be governed by and construed m <br />accordance with the laws of the State of Minnesota. <br /> <br />9. Partial Invaliditv. Should anyone or more of the provisions of this Agreement <br />be determined to be invalid, unlawful or unenforceable in any respect, the validity, legality and <br />enforceability of the remaining provisions hereof shall not in any way be affected or impaired <br />thereby unless as a result the purpose and intent of this Agreement shall thereby be substantially <br />and essentially impaired. In such event, the parties shall diligently proceed to revise this <br />Agreement in order to rememorialize such purpose and intent. <br /> <br />10. Rie:hts Reserved. Grantor reserves and shall continue to enjoy the use of the <br />Grantor Property for any purpose which does not interfere with or prevent the use of the <br />easement herein granted, including the right to locate and relocate buildings, driveways, parking <br /> <br />-2- <br />