10-14-2024 CC Agenda Packet - Laserfiche WebLink

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233005v1 3 unrecorded Agreement for Sewer Line Extension between the City and the Initial Beneficiaries, during that period of 15 years after the Effective Date of this Agreement (the “Reimbursement Period”), the City agreed to facilitate a partial reimbursement to the Initial Beneficiaries for the substantial costs they incurred in their design, construction and installation of the Improvements. During the Reimbursement Period, to the extent any property owners with properties abutting the Grantor Tract wish to connect to and benefit from the Improvements in the future (each property owner being a “Future Fox Street Beneficiary”), prior to approving any such connection to the Improvements within the Grantor Tract by a Future Fox Street Beneficiary, the City will charge that Future Fox Street Beneficiary a connection fee, the amount of such connection fee being that Future Fox Street Beneficiary’s cost-share allocation, as set forth in the Fox Street Declaration (the “Fox Street Cost-Share Allocation”), of the total actual amount incurred by Owner for the design and construction of the Improvements, which was ($_______). 8. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the signatories hereto and shall run with the land. 9. Governing Law. This Agreement shall be governed by and construed in accordance with Minnesota law. 10. Severability. Should any term, covenant, condition, provision, sentence or part thereof of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the remaining terms and provisions shall, nevertheless, remain in full force and effect. 11. Relationship of Parties. No provision of this Agreement and no action taken pursuant hereto shall create any relationship between the Grantors and the City, other than as specifically set forth herein. 12. Headings; Interpretation. The language in this Agreement shall be construed simply according to its generally understood meaning, and not strictly for or against any party and no interpretation shall be affected by which party drafted any part of this Agreement. Whether or not expressly provided where such term appears in this Agreement, the term “include” (and any variation thereof) is not limiting and instead means “including but not limited to.” The headings to the Sections of this Agreement are incorporated for convenience only and shall have no effect upon the construction or interpretation of this Agreement. 13. Amendment or Modification. This Agreement and any of the rights and easements created hereby may be terminated or amended only by an instrument duly executed by all the parties hereto. 14. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of all or any portion of the easement hereby created, or portions thereof, to the general public. [Signature and notary page follows] 215