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<br />Exhibit H: Declaration of Restrictive Covenants <br /> <br />. <br /> <br />DECLARATION OF RESTRICTIVE COVENANTS <br /> <br />THIS DECLARATION is made this _ day of <br />Pacemakers, Inc., a Minnesota corporation ("Cardiac'). <br /> <br />,2003, by Cardiac <br /> <br />RECITALS <br /> <br />A. Cardiac is the fee owner of a certain tract of land legally described on Exhibit A <br />attached hereto (the "Cardiac Tract") and located in the City of Arden Hills, County of Ramsey, <br />State of Minnesota; and <br /> <br />. <br /> <br />B. Femwood Avenue bisects the Cardiac Tract and is legally descnbed on attached <br />Exhibit B (the "Land"); and <br /> <br />C. In order to induce the City of Arden Hills (the "City'') to vacate Fernwood <br />Avenue, Cardiac agrees to subject the Land to certain covenants, conditions and restrictions <br />hereinafter set forth; <br /> <br />AGREEMENT <br /> <br />NOW, THEREFORE, in consideration of the premises and other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, Cardiac hereby <br />declares and makes all of the Land subject to the following covenants, conditions and <br />restrictions, which shall run with the Land and be binding on all persons having any right, title <br />or interest in the Land or any part thereof, its heirs, successors and assigns. <br /> <br />1. Use of Land. Cardiac hereby grants the City and the general public the non- <br />exclusive license to use the Land for vehicular and pedestrian ingress and egress during the . <br />following times: from 6:00 p.rn. (Minneapolis time) until 6:00 a.rn. (Minneapolis time) <br /> <br />Ml :974575.06 <br /> <br />-1- <br />