CCP 04-28-2003 - Laserfiche WebLink

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