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07 09 93 is: U-1 FAX 61:Jau;Suu DASEY I;HITNEY uca <br /> 2. Owner agrees that upon vacation by the City of that portion of • <br /> 27th Street N.E. located within Parcel A and execution and delivery by the City to <br /> Owner of a Quitclaim Deed for Parcel A, all vehicular access from the Unocal <br /> Property to 27th Street N.E., and to Coolidge Street N.E. as it is realigned and <br /> dedicated in the New Plat ("Coolidge"), shall be prohibited except for one curb cut <br /> providing access to a portion of Coolidge as shown on Exhibit D attached hereto and <br /> made a part hereof. <br /> 3. When Parcel A is conveyed to Owner, the City will reserve an <br /> easement for landscaping over a strip of land 10 feet in width along the <br /> northwesterly line of Parcel A, for purposes of installation of a berm and <br /> landscaping along that property line ("Landscape Easement"). <br /> 4. In conjunction with the City's project for the realignment of <br /> Coolidge, the City will install a berm and landscaping along the northwesterly line <br /> of Parcel A, which berm and landscaping will be located within the Coolidge <br /> right-of-way and the Landscape Easement. <br /> 5. On the Closing Date, Owner will execute and deliver a <br /> Declaration of Covenants and Restrictions in recordable form acceptable to the City, <br /> which will include the following provisions: <br /> (a) A restriction prohibiting all vehicular egress from the Unocal • <br /> Property and Parcel A to Coolidge, and all vehicular ingress from <br /> Coolidge to the Unocal Property and Parcel A, except for one curb <br /> cut at the location shown in Exhibit D attached hereto. <br /> (b) Owner will maintain in a neat and attractive condition all grass, <br /> bushes, trees and other landscaping located upon the Landscape <br /> Easement and upon that portion of the right-of-way of Coolidge <br /> which abuts the Unocal Property and Parcel A. If Owner fails to <br /> maintain such landscaping, the City shall have the right to do so <br /> and to submit a bill for the cost thereof to Owner. If Owner fails <br /> to pay any such bill within 30 days after it is due, the amount <br /> thereof may be certified to Hennepin County for collection with <br /> the real estate taxes on the Unocal Property. <br /> (c) Neither Owner, Owner's employees, nor Owner's customers <br /> shall park any vehicle on any public right-of-way abutting any <br /> portion of the Unocal Property or Parcel A. <br /> (d) Owner shall maintain the existing fence, or at Owner's election a <br /> replacement fence or other landscaping approved by the City, <br /> along the west property line of the Unocal Property so as to t <br /> -2- <br />