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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 />BAYS40W,, PROPERTIES, P.A. <br />STATE; OF MINNESOTA) <br />) ss. <br />COUNTY OF HENNEPIN) <br />The foregoing instrument was acknowledged before me this �_��1 day of November, <br />2008, by Patrick O'Keefe, the President of Skyway Construction., aJIl�Minnesota professional <br />corporation. <br />�cssaassoe <br />0n1 ' BARBARA J.SUOU <br />NNOTARY PUDUO-MINNESOTA <br />O MYCOMMISSIONEXPIRES1.21-2010 <br />THIS INSTRUMENT WAS DRAFTED BY: <br />DORSEY & WHITNEY (.IPG) <br />220 South Sixth Street <br />Minneapolis, MN 55402 <br />-2- <br />z VA <br />Notary Public <br />13 <br />