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<br /> over and across Outlots A, B, and C, Shoreline Estates, Hennepin County, Minnesota, for the
<br /> benefit of the Owners of Lots 1, 2, and 3, Block 1, Shoreline Estates, Hennepin County, Minnesota
<br /> for the passage of the Owners, their guests and invitees.
<br /> 3. Successors and Assigns. Except as otherwise provided herein, this Declaration and
<br /> all terms hereof shall be perpetual, shall be deemed to run with the land, and shall be binding upon,
<br /> and inure to the benefit of, Declarant, its respective heirs, successors, and assigns.
<br /> 5. Fee Title. Declarant, for itself, its successors and assigns, does covenant with the
<br /> City, its successors and assigns, that it is well seized in fee title of the above described Pedestrian
<br /> Easement Premises.
<br /> 6. No Partnership. None of the terms or provisions of this Declaration shall be
<br /> deemed to create a partnership between or among the parties, nor shall it cause them to be
<br /> considered joint venturers or members of any joint enterprise.
<br /> 7. Governing Law. This Declaration shall be governed by and construed in
<br /> accordance with the laws of the State of Minnesota.
<br /> 8. No Public Access Rights. This Declaration does not create or convey any interest
<br /> in or rights to the public with respect to Outlots A, B and C, Shoreline Estates, Hennepin County,
<br /> Minnesota.
<br /> 9. Improvements and Landscaping. Each Owner may install improvements subject to
<br /> the City Code and landscaping on the Outlot owned by such Owner, provided that the Owner of
<br /> any adjoining Outlot(an"Adjoining Owner") can traverse the improved and/or landscaped Outlot
<br /> for pedestrian access to and from the Outlot owned by the Adjoining Owner.
<br /> 10. Indemnity. Each Owner shall indemnify, defend and hold harmless the other
<br /> Owners from and against any and all claims, costs and expenses (including,without limitation,
<br /> reasonable attorneys' fees)related to or arising from the use of the Pedestrian Easement by the
<br /> Owner and its tenants, employees, agents, customers, visitors and invitees.
<br /> 11. Liability Insurance. Each Owner shall procure and maintain commercial general
<br /> liability insurance, including contractual liability, with a minimum combined single limit of
<br /> liability of$1,000,000.00 for property damage and for injuries to or death of persons related to or
<br /> arising from such party's use of the Pedestrian Easement. The foregoing insurance policy shall
<br /> name the other Owners as an additional insured. Upon request, each Owner shall provide the other
<br /> Owners with a certificate of insurance evidencing the insurance coverage required herein.
<br /> 12. Modification. This Easement Agreement may not be modified, amended or
<br /> terminated except by a writing executed and delivered by the Owners and the City.
<br /> 13. Waiver. No waiver of, acquiescence in, or consent to any breach or default of any
<br /> term or condition hereof shall constitute or be construed as a waiver of, acquiescence in, or consent
<br /> to any other, further or succeeding breach or default of the same or any other term or condition.
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