Re: hardcover/easement issues - Laserfiche WebLink

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NOW, THEREFORE,in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree, for themselves, their successors and assigns as follows: 1. INCORPORATION OF RECITALS. The parties acknowledge and agree that the Recitals as contained in this Agreement are true and correct and incorporate all of such Recitals into this Agreement. 2. GRANT OF ACCESS EASEMENT. Fasching hereby grants and conveys to the City for the benefit of the City and its Permitted Assigns, a permanent non-exclusive access easement over and across the Access Easement Area for the purpose of ingress and egress to Outlot A. Fasching, on behalf of themselves,their successors and assigns specifically reserve the right to continue to use and occupy the Access Easement Area for any purpose which does not materially interfere with any of the rights granted to the City under this Agreement. 3. MAINTENANCE OF ACCESS EASEMENT AREA. The City acknowledges and agrees that Fasching has installed a driveway over the Access Easement Area. Fasching shall be responsible for all costs of repairing,replacing or maintaining the Access Easement Area and the driveway over the Access Easement Area, except for any repair or replacement which is a result of the acts of the City, the Permitted Assigns, their employees or agents. All such construction, repair,replacement or maintenance required under this Agreement shall be in compliance with all applicable statutes, ordinances and codes. 4. NO IMPROVEMENTS TO ACCESS EASEMENT AREA. Provided that Fasching, their successors and assigns are in substantial compliance with the terms and conditions of this Agreement,the City, for and on behalf of itself and its Permitted Assigns shall not commence or undertake to make any modifications or improvements over, under or across the Access Easement Area. 5. INSURANCE FOR ACCESS EASEMENT AREA. Fasching on behalf of themself, their successors and assigns shall procure and maintain a policy or policies of insurance, at their own cost and expense, insuring the Access Easement Area in amounts and against claims, demands or actions as are customarily insured against for property similar to the Fasching Property. All insurance required under this section shall be issued by an insurance carrier(s) licensed and admitted to do business in the State of Minnesota. 6. COMPLIANCE OF FASCHING PROPERTY AND ACCESS EASEMENT AREA WITH CITY REQUIREMENTS. In consideration of the Access Easement, the City acknowledges and agrees that (a) the square footage of the Access Easement Area is part of the Fasching Property for all purposes, (b) the creation of the Access Easement Area does not alter the boundaries of the Fasching Property for City set- -2-