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<br />\ <br /> <br />9.11 No Partnership. Nothing contained in this Agreement and no action by the Council <br />or the Owners will be deemed or construed by the Council or the Owners or by any <br />third person to create the relationship of principal and agent, or a partnership, or a <br />joint venture, or any assoc~ation between or among any of the Councilor the <br />Owners. <br /> <br />9.1.2 Governing Law. This Agreement shan be construed in accordance with the laws of <br />the State of Minnesota. <br /> <br />9.13 Captions. The captions of the paragraphs of this Agreement are for convenience <br />only and are not intended to affect the interpretation or construction of the <br />provisions herein contained. <br /> <br />9.14 Legal Effect. Except to the extent of the personal rights and obligations of the <br />ACRRA under this Agreement, each of the easements and rights created by this <br />Agreement are appurtenant to each Parcel and may not be transferred, assigned, or <br />encumbered except as an appurtenance to such properties. Except to the extent of <br />the personal rights and obligations of the ACRRA under this Agreement, each <br />covenant contained in this Agreement: (a) constitutes a covenant running with the <br />land; (b) binds every Owner now having or hereafter acquiring an interest in any <br />Parcel; and (c) will inure to the benefit of each Owner and each Owner's <br />successors, assigns, and mortgagees. It is acknowledged that, because the <br />Northtown Parcel is situated upon a portion of four separately owned legal parcels, <br />the phrase "Owner of the Northtown Parcel" actually refers to different entities. <br />Notwithstanding the foregoing, all easements and covenants in this Agreement that <br />are granted or created for the ben..-.:fit of the IIOwner of the Northtown Parcel" shall <br />be for the benefit of each of the Owners of the legal parcels which underlie the <br />Northtown Parcel, and to each such Owner's successors, tenants, agents, <br />contractors, employees, and invitees, and shall be appurtenant to each of said legal <br />parcels, and any right or obligation of "Northtown" hereunder shall be appurtenant <br />to the Mall Property. The parties agree that upon an Owner's conveyance of aU <br />or any portion of the fee title to a Parcel, the grantee, by accepting such <br />conveyance, will thereby become a new party to, and be bound by, this Agreement, <br />shall succeed to the rights of the conveying Owner under this Agreement, and shall <br />succeed to those obligations of the conveying Owner under this Agreement that <br />arise after the date of such conveyance. On such conveyance and the giving of <br />notice thereof. the conveying Owner will thereafter be released from any obligation <br />under this Agreement arising thereafter with respect to the Parcel so conveyed. <br />The ACRRA and each Owner agree, on the written request of the conveying <br />Owner, to execute and deliver any appropriate documents or assurances to <br />evidence such release. The ACRRA and the Owner of the Council Parcel <br />aclrnowledge that this instrument does not constitute a conveyance to them of fee <br />title to the Northtown Parcel and that they are not entitled to assign or convey <br />rights to the Northtown Parcel that are in excess of the rights conferred hereby. <br />The Owner of the Northtown Parcel acknowledges that this instrument does not <br />constitute a conveyance to it .of fee title to the Council Parcel and that it is not <br />entitled to assign or convey rights to the Council Parcel that are in excess of the <br />rights conferred by this Agreement. <br /> <br />-18- <br /> <br />61 'd [(;V6'ON <br /> <br />^30 ~~OJ 3NIVl9 AllJ <br /> <br />~d(;O:(;1 100(; '08'f,oN <br />