easement/maintenance agreement-2007

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midpoint of the Easterly line of Lot 7, Block 5, Crystal Bay View through the midpoint of the Westerly line of said Lot 7, and Southerly of a line drawn from the Northeast corner of Lot 5, Block 5, Crystal Bay View, Easterly to the Northwest corner of Lot 6, Block 4, Crystal Bay View. (the"Easement Area"). 3. Usage,Maintenance and Repair. Suisse agrees to keep the Easement Area in good condition and shall be solely responsible for all maintenance, upkeep and repair of the Easement Area, including by not limited to removal of all ice and snow from the driveway in the Easement Area, and any maintenance, upkeep or repairs of the driveway in the Easement Area which may be required by law, ordinance or other governmental regulation. All costs and expenses for the maintenance, upkeep and repairs of the driveway in the Easement Area shall be the sole responsibility of Suisse. Maintenance, upkeep and repair of the driveway in the Easement Area shall be limited to the Easement Area and shall not include entry into the Dongoske Parcel. The driveway in the Easement Area shall not be expanded westerly into the Easement Area, except that Dongoske reserves the right to add one or more driveway from the Dongoske Parcel to the driveway in the Easement Area, and Suisse may, in its discretion, resurface the driveway in the Easement Area. 4. Insurance and Indemnity. Suisse shall cause Dongoske to be listed as an additional insured on Suisse's liability insurance for liability related to the use of the Easement Area as contemplated by this Agreement, and Suisse shall provide proof of the insurance to Dongoske upon request. Suisse shall indemnify, defend and hold Dongoske harmless from any injury, death or damage to any person, thing or entity as a result of Suisse's or Suisse's employees, agents, contractors, guests or invitees use of the driveway and/or Easement Area. 5. Binding Effect. The benefits and obligations of the easement created by this agreement shall be non-exclusive and run with the land, and shall be binding upon and inure to the benefit of fhe Parties, their respective heirs, representatives, successors, devisees, invitees and assigns and all future owners and encumbrancers of the various parcels. The easement and rights created under this Agreement are appurtenant to the respective parcels and may not be transferred, assigned or encumbered except as appurtenances to the respective parcels. � 6. Enforcement Provisions and l�emedies. Any claim, dispute, or cause of action arising out of or relating to a violation of a term or provision of this Agreement that cannot be settled between the Parties shall be brought in a court of appropriate jurisdiction in Hennepin County, Minnesota. The prevailing party to any action or suit pertaining to or arising out of this Agreement shall be entitled to recover costs and disbursements and reasonable hourly attorney fees. This enforcement provision shall be in addition to any other remedies available in law, equity or both. 7. Governing Law. This Agreement shall be construed and governed by the laws of the State of Minnesota. ^ ,