Laserfiche WebLink
b. Counterparts. This Easement Agreement may be executed in one or more <br /> counterparts, each of which shall, for all purposes, be deemed an original and all such <br /> counterparts, taken together, shall constitute one and the same instrument. <br /> c. Recitals; Attachments. The Recitals above and Attachments attached <br /> hereto are incorporated herein by reference. <br /> d. Binding on Successors and Assigns. Owner's Property is to be burdened <br /> by, and City is to be benefited by, the provisions of this Easement Agreement pertaining to the <br /> grant of Easement, and such Property shall be held, conveyed, hypothecated, encumbered, <br /> leased, rented, used, occupied, and improved subject to the foregoing easements, limitations, <br /> restrictions, obligations and conditions. Property is to be burdened by, and City is to be <br /> benefited by, the provisions of this Easement Agreement pertaining to the maintenance <br /> provisions, and such property shall be held, conveyed, hypothecated, encumbered, leased, rented, <br /> used, occupied, and improved subject to the foregoing easements, limitations, restrictions, <br /> obligations and conditions. All provisions of this Easement Agreement shall run with the land <br /> and be binding upon all parties having or acquiring any right, title, or interest in the Property, and <br /> shall be binding upon and inure to the benefit of the City and its and their successors and assigns. <br /> Owner's obligations and liabilities hereunder shall be limited to its period of ownership of the <br /> Property and shall be released from all obligations hereunder accruing after Owner's conveyance <br /> of the Property to a third party. <br /> e. Partial Invalidity. If any term or provision of this Easement Agreement or <br /> the application of it to any person or circumstance shall to any extent be invalid or <br /> unenforceable, the remainder of this Easement Agreement or the application of such term or <br /> provision to persons or circumstances, other than those as to which it is invalid or unenforceable, <br /> shall not be affected thereby, and each term and provision of this Easement Agreement shall be <br /> valid and shall be enforced to the extent permitted by law. <br /> f. Not a Public Dedication. Except as expressly provided herein, nothing <br /> herein contained shall be deemed to be a gift or dedication of the Easement Area or any other <br /> portion of Owner's Property to the general public or for any public purpose whatsoever, it being <br /> the intention of the parties that this Easement Agreement shall be limited to and for the purposes <br /> herein expressed. <br /> 7. Exhibits; Attachments. The following attachments are attached to this Easement <br /> Agreement and are hereby incorporated herein by this reference for all purposes as if set forth <br /> herein in full: <br /> Attachment 1 Legal Description of Property <br /> Attachment 2 Legal Description and Depiction of Easement Area <br /> 8. Attorneys' Fees. Should any legal action be brought by any party with respect to <br /> this Easement Agreement, the prevailing party shall be entitled to recover from the non- <br /> prevailing party its reasonable attorney's fees and such other costs as may be found by the court. <br /> REV: 08-23-16 VR <br /> Page 4 of 5 <br /> ATTY/AGR.2016.232/849 Veterans RWC, LLC - Easement Agreement <br />