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<br />DRAFT <br /> <br />. <br /> <br />AGREEMENT TO TERMINATE USE <br /> <br />CITY OF ARDEN HILLS <br />GUIDANT CORPORATION <br /> <br />1.0 PARTIES. This Agreement is dated the _ day of ,2004 and is <br />entered into by and between the CITY OF ARDEN HILLS, a Minnesota municipal <br />corporation (herein "City") and GUIDANT CORPORATION, a Minnesota <br />corporation, its successors and assigns (herein "Guidant") <br /> <br />2.0 RECITALS <br /> <br />A. On the _ day of , 2003, the City authorized the issuance of a <br />planned unit development permit for Guidant. <br /> <br />B. The planned unit development permit described in detail the construction <br />which was authorized on property owned by Guidant in the City. <br /> <br />C. <br /> <br />After approval and execution of the planned unit development permit, <br />Guidant constructed a grade level covered walkway (the 'Walkway") <br />without a bu ilding permit and in violation of the terms of the planned unit <br />development permit. <br /> <br />. <br /> <br />D. A portion of the Walkway lies on top of a City watermain. <br /> <br />E. The City has agreed to allow the Walkway to remain temporarily on the <br />Guidant property and Guidant has agreed to remove the covered Walkway <br />from the Guidant property pursuant to the terms and conditions of this <br />Agreement. <br /> <br />3.0 TERMS AND CONDITIONS. Now, therefore, the parties agree as follows: <br /> <br />A. Removal. Guidant shall remove the Walkway on or before the _ day of <br />,200_ at its sole cost and expense. <br /> <br />B. Maintenance of Watermain. If the City, in its sole discretion, determines <br />that the City watermain which lies beneath the Walkway needs to be <br />repaired, replaced or otherwise maintained in any manner, Guidant shall, <br />upon written request from the City ("Notice to Remove") remove the <br />Walkway at its sole cost and expense and within the time line described in <br />the City's Notice to Remove. <br /> <br />. <br />