Agenda - Council - 08/25/2015 - Laserfiche WebLink

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will be installed and located consistent with the LLCs' potential use on a North/South alignment as much as reasonably possible. The LLCs agree to grant a trail easement to the City across "E" for the replacement pedestrian walkway. 15. Pedestrian Overpass Easement. The LLCs will dedicate an easement to the City on Outlot A Tooth Acres, adjacent to the Riverdale Extension for a pedestrian overpass such that an ADA compliant connection can be made with the proposed and existing pedestrian walkways. 16. Drainage and Utility Easements. The LLCs agree to provide a permanent drainage and utility easement over, under, and across a portion of "E" in the general alignment of the extended storm sewers, as referenced in Paragraph 6(a). The LLCs acknowledge and agree that said easement will not interfere with their intended use of "E." 17. Choice of Law and Severability. This Agreement shall be governed by the laws of the State of Minnesota. If a court of competent jurisdiction determines that any part of this Agreement is void or voidable, violates any law, or is otherwise unenforceable, the remaining portions of this Agreement will remain in full force and effect, unless the remaining portions would not serve the original purpose of this Agreement. 18. Joint Drafting. This Agreement must be construed to have been drafted equally by the Parties. 19. Responsibility for Costs. With the exception of the costs assumed by the Parties pursuant to this Agreement, each Party shall be responsible for its own costs, expenses, and any attorneys' fees associated with this Agreement and any related matters, including enforcement of this Agreement. 20. Enforcement. Failure to insist on compliance with any term, covenant, or condition contained in this Agreement shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any time be deemed a waiver or relinquishment of any right or power at any other time. 21. Voluntary Agreement. All Parties have voluntarily signed this Agreement. No Party has been threatened, coerced, intimidated, or otherwise forced to sign this agreement by any other Party, any officer, employee, agent, representative, or attorney of any other Party, or any other person or entity acting on behalf of any other Party.