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("City ROW"); access rights for all Parcels; and other obligations of the 1994 Owners, which Agreement was agreed would run with the land and accordingly was filed of record in the Office of the Hennepin County Registrar of Titles on March 14, 1995, as Document No. 2595145 (the"Original Agreement"). G. Pursuant to the Original Agreement,the 1994 Owners of the 3286 Parcel and the 3290 Parcel established a private gravel driveway in the westerly 15 feet of the 25-foot-wide City ROW. H. As currently improved, the existing private driveway does not conform to this restriction of the Original Agreement,and is proposed to be paved within the City ROW in the location set forth in this Agreement. I. The City has concluded that it is in the best interests of the respective Owners and other abutting owners,and in the public interest,for the private driveway to be improved as proposed and as set forth in this Agreement. J. Given the passage of time, changes in ownership of all of the Parcels, and other changes in circumstances, the City and the Owners agree that it is appropriate to replace the Original Agreement with this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in the Original Agreement and this Agreement,the parties have agreed as follows: 1. Pursuant to Section 12 of the Original Agreement,the Original Agreement is hereby terminated. The Original Agreement is replaced in its entirety with this Agreement. 2. The City grants to the Owners the non-exclusive use of the City ROW solely for the purposes described in this Agreement, and subject to the terms, conditions, and limitations set forth in this Agreement. No easement or other property interest in any part of the City ROW is created for the Owners of the 3286 Parcel or the 3290 Parcel, or their respective successors or assigns. Owners do not now claim any rights or title to any part of the City ROW by reason of past, present, or future occupancy there, nor will Owners make any such claim in the future. 3. All use of the City ROW for ingress or egress purposes to and from the 2260 Parcel and the 3300 Parcel is prohibited. The driveway to Bayview Place shall be the exclusive point of ingress or egress for the 2260 Parcel. The driveway to Navarre Lane shall be the exclusive point of ingress or egress for the 3300 Parcel. 4. The Owners agree that only the Owners of the 3286 Parcel and the 3290 Parcel shall be allowed to utilize that portion of the City ROW for the installation and maintenance of a private driveway to be generally centered on the right of way with a width not to exceed 12 feet (the "Private Driveway"). The width limit includes all hardcover improvements such as gravel, pavement. concrete, pavers, landscaping rocks. The remainder of the City ROW will be restored and maintained with top soil and grass in accordance with all applicable City Code requirements. 2 232991v5