drainage easement-2004 - Laserfiche WebLink

Home Browse Search

have the right to specify as its address any other address within the United States of America. ARTICLE 6 —MISCELLANEOUS Section 1. If either party brings an action at law or in equiTy to enforce or interpret this Agreement, the prevailing party in such action shall be entitles to recover reasonable attorneys' fees and court costs in addition to any other relief granted. Section 2. In addition to any other remedy that may be available to either party under this Agreement, either party may enforce the terms of this Agreement by an inj unction. Section 3. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories to this Agreement and the successors and assigns ofeach, including those who become owners of the Simpson Parcel; provided however, that any liability or obligation under this Agreement as to future events shall terminate with respect to a transferring party upon the bona fide conveyance of the entirety of its ownership in and to the interest therein and the transferring party's notification to the other party of such transfer, including in the notification, the name and the address of the transferee. The transferee shall automatically become liable for the performance of all covenants, obligations and undertakings arising or accruing hereunder with respect to a Simpson Parcel during the period of ownership of the Simpson Parcel. Section 4. The Simpsons warrant that they are the fee owners of the Simpson Parcel and that they have the lawful right and authority to convey and grant this easement. Section 5. Orono warrants that this easement will not diminish the lot area or change the property line setback used for the purposes of the City of Orono zoning regulations. Section 6. This agreement shall be constructed in accordance with the laws of the State of Minnesota.