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2004-07-28 WS & CC Meeting
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2004-07-28 WS & CC Meeting
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<br />EXlDBIT B <br /> <br />WATER PONDING, FLOWAGE AND DRAINAGE EASEMENT <br /> <br />Seller reserves and retains a perpetual and non-exclusive Water Ponding, Flowage and Drainage <br />Easement over, under and across the following described portion of the Property ("Ponding Easement <br />Property") for the storage, holding, drainage and flowage of water to be released by Seller at any time and <br />in such quantities as Seller may in its sole discretion determine from time to time: <br /> <br />[Description of easement, proposed to be approximately fifty feet from shoreline.] <br /> <br />This retained easement is for benefit of Seller in its lawful management of Centerville Lake water levels. <br />Neither the Buyer, nor any other person, shall use or schedule the use of the Property for any purpose <br />inconsistent with the release of water onto the Ponding Easement Property. <br /> <br />The foregoing restrictions and rights shall be binding upon and inure to the benefit of Seller and Buyer, <br />and to their successors and assigns, and shall ruu with the land. <br /> <br />Buyer, its successors and assigns shall fully indemnify, defend, and save harmless the Board of Water <br />Commissioners of the City of Saint Paul, its officers, agents, employees, and servants, and also the City <br />of Saint Paul, its officers, agents, employees, and servants, from all suits, actions or claims which shall <br />arise from any injuries or damages received or sustained by Seller's release of water onto the Ponding <br />Easement Property, or arising out of or resulting from any action or negligence of Seller, its employees, <br />agents or, business invitees. <br /> <br />In the event of a violation or attempted violation of the easement rights or restrictive covenants set furth <br />above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin <br />any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary <br />damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that <br />Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without need <br />fur a bond or security, and that specific performance is an appropriate remedy and that Seller does not <br />have an adequate remedy at law and will suffer irrepamble harm upon a violation of said covenants. No <br />delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or <br />waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition <br />of such breach or violation or any similar breach or violation thereof at any later time or times. <br /> <br />In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit <br />is brought fur damages or for any other reliefherennder, Seller shall be entitled to recover its costs, <br />including reasonable attorneys' fees incurred in connection with such suit. <br /> <br />[Remainder of page left intentionally blank.] <br /> <br />C:IDocum_ and SettingslTBender\Local SettingsITemporary _ Fil..IOLIGD\Pnrchase and Sale .fvacant lol_07-22-l14.doc 13 <br />
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