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<br />D ~A~') <br />LOT COMBINATION AGREEMENT <br /> <br />1. Parties. The parties to this Agreement are Opus Northwest, L.L.C., a <br />Delaware limited liability company ("Opus") and the City of Roseville, a Minnesota <br />municipal corporation (the "City"). <br /> <br />2. Recitals. <br /> <br />2.1. Opus is the owner of the real property legally described as follows: <br /> <br />That part of Lot 1, Block 2, Gateway Business Park, Ramsey County, <br />Minnesota, lying westerly of the southerly extension of the West line of <br />Lot 3, said Block 2, and Lot 2, Block 2, Gateway Business Park, <br />Ramsey County, Minnesota <br /> <br />(the "Property"). <br /> <br />2.2 Opus acquired the Property from the City. <br /> <br />2.3 Opus desires assurance that is can use the Property in all respects as a <br />single development parcel including, but not limited to, the construction of a <br />building over the common lot line between Lot 1 and Lot 2. <br /> <br />2.4 The City intends that the portion of the Property lying within Lot 1 and <br />all of Lot 2 be used as a single development parcel. The City seeks assurance <br />from Opus that Opus will not convey the portion of the Property lying within <br />Lot 1 separately from Lot 2 without compliance with the City's subdivision <br />ordinances. <br /> <br />3. Agreement. <br /> <br />3.1 The City agrees Opus may use the Property for all purposes as though <br />the portion of the Property lying within Lot 1 and all of Lot 2 constitute a single lot. <br />Opus is not obligated to observe any setback requirements with respect to the <br />common lot line between Lot 1 and Lot 2, and Opus may construct improvements <br />over and across the common lot line of Lot 1 and Lot 2 as though such lot line did <br />not exist. <br /> <br />3.2 Opus agrees that Opus may not convey the portion of the Property lying <br />within Lot 1 separately from Lot 2 without complying with all requirements of the <br />City's subdivision ordinances. Opus agrees that the Ramsey County Registrar of <br />Titles may refuse to record or file a conveyance of the portion of the Property lying <br />within Lot 1 separate from Lot 2 unless the property is replatted or the City <br />approves a lot split. <br /> <br />239011 <br /> <br />v <br />