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<br />DRAFT <br /> <br />. <br /> <br />2. <br /> <br />A declaration of restrictive covenants or other appropriate legal <br />document, on forms approved by the City Attorney, which allows <br />public use of the private right-of-way on weekends and between 6:00 <br />p.m. and 6:00 a,m. on Monday through Friday, provided that Guidant <br />shall retain the authority to rescind or modify the hours of public use, <br />upon the consent of the City which shall not be unreasonably withheld, <br />if necessary to protect the safety of the Guidant Property or its <br />employees. <br /> <br />3. Femwood Street shall be maintained in its present condition until <br />Phase I traffic improvements have been completed, <br /> <br />G, Amendment. The Master Plan PUD and/or the Final Plan PUD may be <br />amended pursuant to the process defined in the City's development <br />regulations and shall require City Council approval. The Development <br />Agreement may be amended by written consent of the parties, <br /> <br />H. <br /> <br />BindiOQ Effect. The terms and provisions of this agreement shall be binding <br />upon and inure to the benefit of the heirs, representatives, successors and <br />assigns of the parties hereto and shall be binding upon all future owners of all <br />or any part of the Guidant Property. This Agreement, at the option of the City, <br />shall be placed of record so as to give notice thereto to any subsequent <br />purchasers and encumbrancers of all or any part of the Guidant Property and <br />all recording fees, if any, shall be paid by the Guidant. <br /> <br />. <br /> <br />I. Incorooration bv Reference. All plans, special provisions, proposals, <br />specifications and contracts for the improvements furnished and let pursuant <br />to this Agreement shall be and hereby are made a part of this Agreement by <br />reference as if fully set out herein. <br /> <br />J. Notice, Any notices required pursuant to this Agreement shall be deemed <br />properly served if sent by certified mail- return receipt requested to the <br />following: <br /> <br />1 . If to the City: <br /> <br />City of Arden Hills <br />Attn: City Administrator <br />1245 West Highway 96 <br />Arden Hills, Minnesota 55112 <br /> <br />2. If to Guidant: <br /> <br />The Guidant Corporation <br />Attn: <br /> <br />e <br /> <br />5 <br />