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<br />,. <br /> <br />I <br /> <br />\,,' <br /> <br />AGREEMENT TO TERMINATE USE <br /> <br />CITY OF ARDEN HILLS <br />CARDIAC PACEMAKERS, INC. <br /> <br />1.0 PARTIES. This Agreement is dated the2&d day of _Fehua.oL-, 2004 and is <br />entered into by and between the CITY OF ARDEN HILLS, a Minnesota mUnicipal <br />corporation (herein "City") and CARDIAC PACEMAKERS. INC.. a Minnesota <br />corporation~ its successors and assigns (herein 4IGuidanf') <br /> <br />2.0 RECITALS <br /> <br />A. On th~ay of UlJJlItO. ,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 occupied by Guidant (the "Guidant <br />Property") in the City. <br /> <br />c. After approval and execution of the Planned Unit Development Permit, <br />Guidant constructed a grade level covered walkway (the 'Walkway") on a <br />portion of the Guidant Property without a building permit and in violation of <br />the terms of the Planned Unit Development Permit. <br /> <br />D. A portion of the Walkway was constructed over a City watermain (the <br />'Walkway Watermain Encroachment"). <br /> <br />E. The City has agreed to allow the Walkway and the Walkway Watermain <br />Encroachment to remain. temporarily on the Guidant Property pursuant to <br />the terms and conditions of this Agreement. <br /> <br />3.0 TERMS AND CONDITIONS. Now, therefore, the parties agree as follows: <br /> <br />A. Removal of Walkway. The entire Walkway shall be removed at Guidant's <br />sole cost on or before the 1st day of February, 2009. <br /> <br />B. Removal of Walkway Watermain Encroachment. If the City, in its sole <br />discretion, determines that the City Walkway Watermain Encroachment <br />needs to be removed in order for the City to repair, replace o~ otherwise <br />maintain the City's watermain, it shall notify Guidant in the following <br />manner: <br /> <br />1. Emergency Repairs. In the case of emergency re()airs, the City <br />shall give telephone and/or e-mail notice tolhvld Re...imf>A:: . The <br />notice shall require removal of the Walkway Watermain <br />Encroachment within three (3) hours. Failure of Guidant to remove <br />