01-11-2016 Council Packet - Laserfiche WebLink

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184949v1 the Old Scenic Easement purports to limit the right of McCutcheon to place a Dock on the Middle Parcel. 7. Maintenance of the Easement Property. Grantees shall keep any Dock and the Easement Property in a safe, slightly and well-maintained condition. Grantor and Grantees shall otherwise work cooperatively to maintain and landscape the Easement Property. 8. Liability. Except for the willful or negligent acts or omissions of the Grantor, the Grantees shall, jointly and severally, indemnity, defend and hold the Grantor harmless from any and all loss, costs, liability, damage, injury or expense, which may arise by reason of any violation of law, ordinance or regulation or by reason of injury to or death of a person, damage to property, or claims of liens that are a direct result of work performed and/or materials or supplies furnished at any Grantee’s request, arising out of or in connection with any Grantee’s use of the Easement Property, or use of the Easement Property by the family members, guests, or invitees of any Grantee or trespassers. 9. Duration. The easement rights and obligations set forth herein shall be perpetual unless terminated by the mutual written consent of the parties hereto, or their successors in interest. 10. Taxes. Seals agrees to pay one-quarter of the annual real estate taxes and assessments on the Shoreline Parcel and the Middle Parcel. McCutcheon agrees to pay one-quarter of the annual real estate taxes and assessments on the Shoreline Parcel and the Middle Parcel 11. Effect on the Old Easement. The Old Easement shall remain in effect except to the extent of any conflicts between this Agreement and the terms of the Old Easement. This Agreement shall govern to the extent of any such conflicts. 12. Effect on Scenic Easements. This Agreement shall be subject to the Scenic Easements and the Scenic Easements shall govern to the extent of any such conflicts. 13. No Representations or Warranties. Grantor makes no representations or warranties whatsoever that: (i) the Dock Parcel abuts Stubbs Bay without any gaps, gores or intervening strips of land or that the Easements provide legal access to Stubbs Bay from a public right-of-way; (ii) that the Dock Parcel abuts the west half of the Middle Parcel without any gaps, gores or intervening strips of land; (iii) that there is a legal right of ingress and egress between the west half of the Middle Parcel and a public right-of-way; and (iv) that any Dock may be erected and maintained on the Easement Property in accordance with applicable ordinances, law and governmental regulations, and the Scenic Easements. 14. Rights Reserved. Except for the rights expressly granted herein to Grantee, all rights in and to the Easement Property are reserved to Grantor. 15. Miscellaneous. A. Governing Law. This Agreement shall be governed in accordance with the laws of the State of Minnesota. B. Amendment and Waiver. This Agreement may not be modified, waived or terminated except pursuant to an instrument in writing signed by the parties hereto, or their successors or assigns in interest.