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WHEREAS,Parcel A and Parrcel B are physically separated by a srreet right-of way, which prevents the coznbination of the parcels into one legally described lot or parcel, andlor for the same or other reason the Hennepin County Assessor canzaot combina Parcel A and Parcei B into one parcel for taa�purposes; and WHEREAS,notwithstanding the above it is the intent ofthe Owner and the City that Parcel A and Parcel B are vid shall henceforth be coratinuecl in coininon ownership by the same person or persons,and further that Parcel A and Parcei B are intended to be used and/or developed in common by Ov�nzer as they were in fact one parcel instead of two. NOW,THEREFORE,for and in consideration of the sum of One Dollar($1.00) and other valuable consideration, Owner hereby covenants, grants, gifts, quit claims and conveys to the City the right to restrict, and Owner hereby ag;rees to restrict,limit and preclude the ownership,use, improvement and development of tlie Properties according to and under the conditions and covenants herein contained, as follows: I. Tl�e City and Owner agree that the Properties shall henceforth be contained in common use and ownership even if recorded as a separate lot or parcel, and that the Properties wiil not be conveyed, sold, leased or otherwise enctunbered except together as if they were a single parcel. 2. The City and Owner agree that Parcel A shall be considered the primary parcel that nnay be used or developed for any principai use as may be permitted in the zoning district, subject to all�erformaa2ce standards and approvals required therefore. 3. The City and Owner agree that Parcel B shall be considered accessory to Parcei A,and. that Parcel B may be used for lake access and docic only. 4. The City shall not issue any building permits,zoning variances or conditional use permits for any structttre or use on the Properties inconsistent with the covenanis contained herein. 5. Owner hereby grants to the City the right to cnter upon the Properties for the pt�rposes of inspection and enforcement ofthe cavenants contained herein,a��d to cause to be lawfully removed from the Pro�erties,withaut any Iiability, any structures,uses,substances and natural or tulnatural materials inconsistent with the covenants contained herein. 6. In addition to any other remedy the City may have,the covenants and resirictions contained herein may be enforced by injunction. Owner(s)wi�o a.re in possession of the Properties sball pay to tlae City all costs aad expenses including attorney's fees in,curred by the City in enI'orcing the terms if this indenture. 7. The terms and conditions of this indenture may be modified,ame�lded or exting�iished and thereafter Parcel A and Parcel B may be su.bdivided, soid separately or redu.ced in part only upon application by Owner(s}to t�e City for ap�roval of a"Subdivision" in accordance with the subdivision ordinance of the City in et'fect at tl�e time of such application. 149988v0I 2