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381190v4 MU210-179 <br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />LIMITED USE AGREEMENT <br /> <br />THIS LIMITED USE AGREEMENT (the “Agreement”) is made as of this ____ day of <br />___________________, 2011, by and between the City of Mounds View, a Minnesota <br />municipal corporation (the “City”), and Mounds View Estates, a Minnesota limited partnership <br />(the “Permitee”). <br /> <br />RECITALS <br /> <br />A. Groberg Street and Jackson Drive are improved rights-of-way dedicated to the <br />City of Mounds View (the “Rights-of-Way”). <br /> <br />B. The Permitee is the fee owner of several real properties that contain apartment <br />buildings known as the “Mounds View Estates.” The properties are located at 2285 Groberg <br />Street, 2275 Groberg Street, 2305 Groberg Street and 2300 County Road I and are legally <br />described on the attached Exhibit A (the “Parcels”). <br /> <br />C. In January of 1983, the Permitee requested and the City agreed to permit the <br />residents of the apartment buildings on the Parcels and their invitees to use certain areas within <br />the Groberg Street and Jackson Drive Rights-of-Way for the parking of vehicles due to there <br />being insufficient parking on the Parcels. One of these areas is located on the west side of <br />Jackson Drive between County Road I and the access to the Permitee’s parking lot (“Jackson <br />Parking Area”) and the other area is directly in front of the 2285 and 2275 Groberg Parcels on <br />the north side of Groberg Street (“Groberg Parking Area”) (collectively, the “Parking Areas”). <br />The Parking Areas are depicted on the attached Exhibit B. <br /> <br />D. The City is reconstructing the Rights-of-Way as part of a public improvement <br />project (the “Project”). As part of the Project, the Permitee has requested that the City design <br />and construct the Project in such a manner that vehicles are still able to be parked in the Parking <br />Areas. The Permitee has also agreed to pay the City for the costs related to incorporating and <br />improving the Parking Areas. <br /> <br />E. The City has agreed to continue to permit residents of the apartment buildings <br />on the Parcels and their invitees to use the Parking Areas. The City has also agreed to design <br />and construct the Project in such a manner that vehicles are still able to be parked in the Parking <br />Areas, provided that the Permitee enters into this Agreement with the City. <br />