Agenda - Council - 07/11/2023 - Laserfiche WebLink

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A Owner or its agents or employees or any other persons acting under Parcel A Owner's direction or control in connection with the Drive Lane Easement Area or easements granted herein. The Parcel A Owner shall not be responsible for the negligent or willful acts of misconduct of the Parcel B Owner. B. Parcel B Indemnity. The Parcel B Owner shall indemnify, defend and hold harmless the Parcel A Owner from and against any and all claims, demands, losses, damages, costs and expenses (including but not limited to court costs, penalties and reasonable attorney's fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or occupancy of the Drive Lane Easement Area by the Parcel B Owner, its assigns or licensees, or arising in any manner out of the acts or omissions of the Parcel B Owner or its agents or employees or any other persons acting under Parcel B Owner s direction or control in connection with the Drive Lane Easement Area or easements granted herein, The Parcel B Owner shall not be responsible for the negligent or willful acts of misconduct of the Parcel A Owner. 7. Enforcement. Without limiting any other provision of this Agreement, if an Owner breaches, defaults or fails to perform any of its obligations set forth in this Agreement and fails to correct or cure such breach, default or nonperformance within thirty (30) days after written notice of such default by any other Owner (or such shorter cure period as may be provided in this Agreement), then such breach, default or nonperformance shall constitute an Event of Default hereunder, In addition to any other remedies set forth in this Agreement, an Event of Default under this Agreement may be enforced by either Owner by legal or equitable action (including specific performance) in the courts of Anoka County, Minnesota and shall include the right of an Owner to claim a lien on the defaulting Owner's Parcel. Such lien shall attach and take effect only upon the recordation of such lien on the non -performing Owner's Parcel. The lien shall be subject and subordinate to any mortgage that is of record before the claim of lien is placed of record. 8. Impositions. Each Owner covenants and agrees to pay or make arrangements to have payment made, prior to delinquency, all real estate taxes, assessments, and other governmental charges assessed upon such Owner's Parcel or otherwise related to the ownership of such Parcel, which may be due and payable as a lien upon such Parcel or any part thereof; provided that nothing herein shall prevent any Owner from appealing or challenging any such lien or the amount thereof in accordance with all laws. 9. No Contribution. Except as otherwise expressly set forth in this Agreement, no Owner shall have the right to seek contribution from another Owner for any costs incurred by such first Owner in connection with this Agreement, except as provided in Section 5. 10. Authority. Each of the persons executing this Agreement on behalf of Parcel A Owner and Parcel B Owner represents and certifies that: (a) he or she is empowered and authorized by all necessary action of Parcel A Owner and Parcel B Owner, respectively, to execute and deliver this Agreement; (b) he or she has full capacity, power, and authority to enter into and carry out this Agreement; and (c) the execution, delivery, and performance of this Agreement have been authorized by, and this Agreement is the legal, valid, and binding obligation of Parcel A Owner and Parcel B Owner, respectively. 11. Easements to Run with Land. The easements and the rights and obligations herein contained shall attach to, bind and nun with the land and shall inure to the benefit of and be binding upon the undersigned and subsequent owners of Parcel A and Parcel B, and as they may provide, their respective agents, employees, tenants, licensees and invitees, but nothing herein contained shall be