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CCP 04-14-2003
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CCP 04-14-2003
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<br />and B or Tract C by legal or equitable action (including specific performance) in Ramsey County . <br />District Court. In the event any such action is commenced, the prevailing party shall be entitled <br />to recover its costs and expenses incurred in such action, specifically including reasonable <br />attorneys' fees, against the non-prevailing party or parties. <br /> <br />6. This Agreement may be amended by and only by a written agreement executed by <br />the fee simple record owners of Tracts A, Band C. In no event shall the consent or signature of <br />any "Occupant" (as defined below) be required for any amendment, modification or termination <br />of this instrument or of the Easement created herein. All amendments, to be effective, once duly <br />signed shall be recorded or filed in Ramsey County, Minnesota, in the same office in which this <br />instrument is recorded or filed to given constructive notice thereof. "Occupant" or "Occupants" <br />shall mean the employees, invitees, licensees, agents, contractors and tenants of, and other <br />persons authorized by the fee simple owner of Tract C to enter upon and utilize the Easement. <br /> <br />IN WITNESS WHEREOF, the undersigned has hereto set their hands. <br /> <br />CITY OF ARDEN HILLS <br /> <br />BY: <br /> <br />ITS: Mavor <br /> <br />. <br /> <br />Aooroved as to Form: <br /> <br />Jerome P. Filla, Arden Hills City Attorney <br /> <br />STATE OF MINNESOTA ) <br />:ss. <br />COUNTY OF RAMSEY ) <br /> <br />On this day of ,2003, before me, a Notary Public within and for <br />said county, personally appeared , to me known to be the Mayor of the <br />City of Arden Hills, and he/she executed the foregoing instrument and acknowledged that he/she <br />executed the same by authority and on behalf of the City of Arden Hills. <br /> <br />Notary Public <br /> <br />THIS INSTRUMENT DRAFTED BY: <br />Lindquist & Vennum P .L.L.P. (LBG) <br />4200 IDS Center <br />80 South 8th Street <br />Minneapolis, Minnesota 55402 <br /> <br />. <br /> <br />4 <br /> <br />Doc# 171714014 <br />
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