09-26-2005 Council Packet - Laserfiche WebLink

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Rue 29 05 04:36p djo 952-249-1119 P- / & GRANT OP A PERMANENT RETAINING WALL EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undenigned, Hilloway Shopping Center, LLC, a Minnesota limited liability otmipany, vendees and William W. Wear and Mable J . Wear, husband and wife, fee ownen C*Giantor**, whe^ one or more), as contract vendee and owners, respectively, of the property legally described or. Exhibit A, attached hereto and made a part hereof, located in Hennepin County, Minnesota (the "ProperiyO, for and in consideration of One Dollar and other good and viduable considentioo. the receipt and sufficiency of which is hereby acknowledged do hereby convey unto the Sugarwoods Ofliw Center, LLC, a Minnesota limited liability company (“Qrantec**, whether one or more)., a non<xdusive permanent easement for construction and maintenance of a retaining wall, over that portion of the Property described on attached Exhibit B (the "Easement Area”). Orantee shall be responsible for and shall pay fer construction of the retaining wall located on the Easement Area. Grantor and Orantee diall share die coat of maintaining and repairing the retaining wall equally unless maintenance is required because of the negligence of one of the parties. In such event, the negUgent party shall be reqionsible for the cost of repair.. The parties agree that the Easemem Area shall always be maintained in good condition and repair consistent with applicable governmental standard and other commercially reasonable standards and at all tiroes comply widi i^tplicable regulations, ordinances and codes. The Parties will take such actions as are reasonably necessary to ensure duit the structure or integrity of the retaining wall located within the Easement Area will be maintained. If Grantor or Orantee, their heirs, devisees, successors or assigns, foil to maintain or repair the retaining wall within the Easement Area, or foils to pay its share of the cost of nuumenance and or repair, any non-defaulting owner may give the defeulting owner or owners a seven-day written notice of such fidlures. If the defeulting party foils to cure the dcfoult during the notice period, the non-defoulting party shall have the right to enter the Easement Area and perfemn the maintenance or repair. The defaulting psrty shall reimburse the non-defoulting party for the reasonable cost of said midmenanocor rqiair within seven days of receipt of an invoice. Failure to make such payment shall give the non-defoulting ovmcr the right to enforce such payment at low. Grantee agrees that it sliall, at its sole expense, repair any damage done to the Property as a result of the Grantee's use of the Basement Area and hold Grantor harmless from any find all claims arising ftom Grantee’s use of foe Easement Aaee. « IN TESTlh^N Y WHEREOF foe Grantors and Grantee have executed this agrecmoif this ^ day of r .2005. SUGARWOODS OFHCE CENTER, LLC HBLLOWAY SHOPPING CENTER, LLC