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CCP 04-28-2003
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CCP 04-28-2003
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2/18/2011 4:06:23 PM
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11/14/2006 2:35:25 PM
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Arden Hills Planning Cases
Arden Hills Planning Cases - Address
4100 Hamline Ave N
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<br />. <br /> <br />. <br /> <br />. <br /> <br />and restrictions, which shall run with the Land and be binding on all persons having any right, <br />title or interest in the Land or any part thereof, their heirs, successors and assigns. <br /> <br />1. Use of Land. Cardiac and Atlantic hereby grant the City and the general <br />public the non-exclusive license to use the Land for vehicular and pedestrian ingress and <br />egress during the following times: from 6:00 p.m. (Minneapolis time) until 6:00 a.m. <br />(Minneapolis time) every Monday through Friday, and all day every Saturday, Sunday and <br />on federally-recognized holidays (the "License"). <br /> <br />2. Term of Declaration. The License granted in Section I hereof shall become <br />effective on the date Cummings Park Drive (as depicted on the site plan attached hereto as <br />Exhibit D) is completed and open for public use. <br /> <br />3. Maintenance. Cardiac hereby covenants and agrees to maintain and keep the <br />Land in good condition and state of repair, in compliance with all governmental laws, rules, <br />regulations, orders, and ordinances exercising jurisdiction thereover. <br /> <br />4. Reserved Securitv Right. Cardiac and Atlantic, their successors and assigns in <br />title, hereby reserve unto themselves the right to temporarily close the Land or revoke the <br />License, and the right to modify the hours the Land is accessible to the public as outlined in <br />Section 1 above, if Cardiac and/or Atlantic reasonably determine that thc use of the License <br />is a security risk or impairs their respective business operations. <br /> <br />5. Successors and Assigns. The License granted herein shall run with the Land <br />and be binding on all persons claiming ownership thereunder. <br /> <br />6. No Public Dedication. Notwithstanding anything apparently to the contrary <br />herein, there is no public dedication of or public rights in the Land, which remains purely <br />private property. All rights of the City and/or the public on the Land as set forth in this <br />Declaration are solely of a propriety nature. <br /> <br />7. Severability. Invalidation of any of the provIsIOns contained in this <br />Declaration, or of the application thereof to any person by judgment or court order shall in no <br />way affect any of the other provisions hereof or the application thereof to any other person <br />and the same shall remain in full force and effect. <br /> <br />8. Amendment. This Declaration may be amended by, and only by, a written <br />agreement signed by the then current owner(s) of the Cardiac Tract and the Atlantic Tract, <br />and shall be effective only when recorded in the county and state where the Land is located. <br /> <br />9. Governing Law. This Agreement shall be governed by the laws of the State of <br />Minnesota. <br /> <br />MI :974575.02 <br /> <br />-2- <br />
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