CCP 07-14-1997 - Laserfiche WebLink

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I . .- - - - - . - - . c~,~ 1'1') I it 3. Maintenance and Reoairs. The City hereby agrees, warrants and covenants that it shall have the obligation to install, maintain, repair and operate, at its own cost and expense, any improvements made in connection with the Cul-de-sac Turning Area . I Specifically, but without limiting the generality of the foregoing, the City shall, at its own cost and expense, attend to the removal of snow and ice, sanding, sweeping and patching, as it reasonably and in good faith deems necessary or advisable and shaU, from time to I time, resurface the Cul-de-sac Turning Area. 4. Termination of Easement. The City shall terminate the Easement evidenced by this Agreement at such time that 14m Street is extended southeasterly of its current location I and the City shall provide to Welsh written evidence of such termination. In addition, the City shall, al its own cost and expense, provide for removal of the bituminous pavement on the Cul-de-sac Turning Area upon extension of 14. Street and termination of the I Easemenl. 5. Terms: Parties In Interest. The terms, conditions, covenants and easements herein I shall run with the land and shall be binding upon all parties hereto and all persons or entities claiming under them in perpetuity. Upon the conveyance of the property owned by a party hereto, the transferring owner will thereafter be released from any obligations I under this Easement Agreement arising thereafter, and the acquiring party shall have been deemed to have assumed such obligations. .. 6. Welsh Authority. Welsh hereby represents and warrants to the City that the execution, delivery and performance of this Easement Agreement by Welsh has been duly authorized by all necessary member action and constitutes the legal, valid and binding I obligation of Welsh enforceable in accordance with its terms. 7. City Authority. The City hereby represents and warrants to Welsh that the I execution, delivery and performance of this Easement Agreement by the City has been duly authorized by all necessary corporate action and constitutes the legal, valid, binding obligation of the City enforceable in accordance with its terms. I 8. Notices. All notices and other communications hereunder shall be given to.or made upon the respective parties hereto at their respective addresses specified below, or I as to any party at such other address as may be designated by it in a written notice to the other parties. All notices, requests, consents and demands hereunder shall be effective when personally served or deposited in the United States Mail, certified or registered, I postage prepaid, addressed as aforesaid. If to Welsh: Welsh Development Company. LLC I 8200 Normandale Boulevard Minneapolis, MN 55437 I .. -2- I -------