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prevent the breach of the covenants herein contained, or to take any other action to <br /> enforce the performance or observance of the restrictive covenants herein set forth. <br /> 4. These restrictive covenants shall inure only to the City and its successors <br /> and assigns. Any modification, amendment, termination or release of the restrictions <br /> herein contained may be made pursuant to a document executed by only the City and <br /> then fee owners of the Property. <br /> IN WITNESS WHEREOF, The undersigned have caused this instrument to be executed <br /> as of the day and year first above written. <br /> SKYWAY CONSTRUCTION, P.A. <br /> By <br /> It's President <br /> STATE OF MINNESOTA) <br /> ) ss. <br /> COUNTY OF HENNEPIN) <br /> The foregoing instrument was acknowledged before me this day of November, <br /> 2008, by Patrick O'Keefe, the President of Skyway Construction., a Minnesota professional <br /> corporation. <br /> Notary Public <br /> THIS INSTRUMENT WAS DRAFTED BY: <br /> DORSEY & WHITNEY (JPG) <br /> 220 South Sixth Street <br /> Minneapolis, MN 55402 <br /> I <br /> -2- <br />