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<br />areas (other than the one granted to City) and other improvements to be located upon the Grantor <br />Property . <br /> <br />11. Construction Consent. Grantor hereby grants consent to the City for <br />construction (and subsequent maintenance, repair or replacement) on Grantor's Property of the <br />parking area crosshatched on Exhibit B attached hereto and incorporated herein by reference, <br />provided such work is performed in such a manner as to interfere with Grantor's business <br />operations on the Grantor Property as little as reasonably possible under the circumstances and <br />provided such work is done in accordance with applicable building codes, laws, ordinances and <br />regulations. All such work shall be performed at the City's sole cost and expense. The City <br />shall indemnify and defend Grantor from and against any loss, claim, damage or expense arising <br />out of any negligent or wrongful act of City, its agents, employees and contractors in the <br />performance of such work. <br /> <br />12. Miscellaneous. Whenever a transfer occurs in the ownership of either the City <br />Property or the Grantor Property, the transferor shall have no further liability for breach of <br />covenant occurring thereafter. Each owner of the City Property and Grantor Property agrees to <br />look solely to the owner of the other tract for recovery of any judgment from such owner, it <br />being agreed that the partners, members, directors, officers, managers or shareholders shall never <br />be personally liable for such judgment. The covenants and obligations of each owner set forth in <br />this Agreement shall be binding upon such owner solely as the owner of their respective portion <br />of the Property and shall be binding upon the owners of the parcels within the Property and their <br />respective successors and assigns only as to such obligations arising during their respective <br />periods of ownership of such respective parcels of the Property. <br /> <br />13. Notices. All notices to be given under this Agreement shall be given, in writing, <br />by certified or registered mail to each owner at the address or addresses to which tax statements <br />would be sent by the real estate taxing authority of Sherburne County, Minnesota, to the owner <br />of each applicable portion of the Property. <br /> <br />14. Condemnation. In the event of condemnation of any of the easement rights <br />granted herein, the owner of the dominant estate shall not make any claim for a taking of such <br />easement rights unless such claim can be made without reducing the award to the owner of the <br />servient estate below what it would be absent the claim by the owner ofthe dominant estate. <br /> <br />15. Desienated Spaces. During the term of this easement, the City agrees to reserve <br />23 designated parking spaces for the use of Grantor's employees in an area of the parking lot <br />located on both the Easement Area and adjacent land owned by Grantee (as shown as Employee <br />Parking on Exhibit B). Grantee may, from time to time, upon sixty days notice to Grantor move <br />the designated Employee Parking spaces to other areas of the parking lot provided that they are <br />still reasonably convenient to the Grantor Property. <br /> <br />-3- <br />