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parties, and in the event of failure to designate an impartial arbitrator <br /> within sixty days from the date of service of written objections to the <br /> improvement, arbitration shall be caunenced in Minneapolis, Minnesota, <br /> in accordance with the rules of the American Arbitration Association. The <br /> costs of arbitration will be paid equally by the owners of the properties. <br /> 4. Pluhm shall have the right to relocate said driveway, except <br /> for its point of commencement and its point of termination, and the right <br /> of Merniks in said driveway easement shall be subject to the right of <br /> relocation thereof by Pluhm, provided: <br /> • A. The relocated driveway shall be at least 12 feet in <br /> width and shall have the same point of commencement and <br /> termination as the existing driveway described herein; <br /> B. Pluhm shall, upon relocation of said driveway, at his <br /> sole and exclusive cost: <br /> (1) Survey the proposed relocated driveway; <br /> (2) Prepare and execute an easement agreement <br /> describing such relocated driveway, and containing <br /> terms and conditions similar to this agreement to <br /> apply to the relocated driveway; and shall present <br /> the agreement to Merniks, their surrpssors and assigns <br /> in the ownership of tot 2, Block 1, Carman.Bay Heights, <br /> for execution, and Pluhm shall pay for all fees for <br /> recording such agreement. <br /> (3) Pluhm shall pay for the cost of surfacing the <br /> relocated driveway with a surface similar to the <br /> surface of the driveway being relocated. <br /> (4) Me niks, for themselves, their successors and <br /> assigns, agree to execute such relocated driveway <br /> easement agreement as is described herein. <br /> -3- <br />