01-09-2023 City Council Packet - Laserfiche WebLink

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{00394852 3} 3 6. Liens. Each Owner shall keep the portion of the Driveway Easement Area on the other Owner’s Parcel free and clear of mechanic’s liens, materialmen’s liens, and other liens of like nature arising out of any work performed by such Owner or its contractors. 7. No Dedication. Nothing herein shall be deemed to be a gift or dedication of any portion of the Driveway Easement Area to the general public or for any public use or purpose whatsoever, it being the intention of the parties that this Agreement will be strictly limited to and for the purpose expressed in this Agreement. 8. No Waiver. Failure of any Owner to insist, in any one or more instances, upon strict performance of any term or condition of this Agreement will not be construed as a waiver or relinquishment of such term or condition in the future. 9. Governing Law. This instrument shall be constructed in accordance with the laws of the State of Minnesota without regard to conflict of law principles. 10. Severability. If any provision of this instrument, or portion thereof, or the application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this instrument, and the application thereof to any other persons or circumstances, shall not be affected thereby, and each provision of this instrument shall be valid and enforceable to the fullest extent permitted by law. 11. Recording. The parties agree that the rights, benefits, duties and obligations created by this Agreement shall vest immediately upon the Effective Date. This Agreement shall be filed with the Office of the County Recorder and/or the Office of the Registrar of Titles of Anoka County, Minnesota, as appropriate. 12. Headings. The headings of articles in this Agreement are for convenience of reference only and will not in any way limit or define the content, substance or effect of the articles. 13. Authority. The parties hereto each represent and warrant unto each other that the party executing this Agreement on its behalf is duly authorized to enter into this Agreement and bind the party thereby, and that, as of the Effective Date, it is vested with the right to convey the easements and rights granted herein. 14. Amendment. This Agreement may be amended only by a writing signed by the owners of the Parcels. 15. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. [Signatures Contained on Following Pages]