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AGREEMENT <br />THIS AGREEMENT, dated this day of , <br />1985, by and between <br />TANURB DEVELOPMENTS INC., <br />a corporation under the laws of the <br />province of Ontario, Canada ("Tanurb"), <br />and <br />CITY OF ROSEVILLE, <br />a municipal corporation ("Roseville"), <br />WIITNESSBTH: <br />Whereas, Tanurb owns certain real property located in <br />Roseville and intends to develop said real proj,:rty as a Shopping <br />Center ("Center"); <br />Whereas, Tanurb has dedicated to Roseville that portion of <br />the real property legally described on the plat of Roseville <br />Square, attached hereto as Exhibit A ("dedicated property"); <br />Whereas, the Site Plan submitted to Roseville by Tanurb and <br />approved by Roseville, set forth on Exhibit B attached hereto,, <br />proviCes for ingress and egress to the Center from Fairview <br />Avenue over the southerly portion of the dedicated property (said <br />southerly portion as more particularly described on Exhibit B <br />attached hereto hereinafter referred to as the "access portion*); <br />Whereas, Tanurb and Roseville agree that the access portion <br />shall not be closed by either party unless necessary in the <br />interest of public health, safety or welfare; <br />NOW THEREFORE, in consideration of the mutual covenants and <br />conditions herein contained, the parties hereto agree as follows: <br />1. Tanurb, its invitees, customers, employees, agents and <br />guests may use the access portion for ingress and <br />egress to the Center from Fairview Avenue. <br />2. The parties expressly covenant and agree to impose no <br />restriction on or otherwise do or permit anything <br />prohibiting or limiting in any way, free and unre- <br />stricted use of the access portion by the public or by <br />invitees, customers, employees, agents, and guests of <br />Tanurb. <br />3. Nothing herein contained shall prevent Roseville from <br />limiting, restricting or prohibiting ingress or egress <br />over the access portion when necessary in the interest <br />of public health, safety or welfare. <br />r.: <br />