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off as a separate parcel of land in such a way that it can be combined with a buildable parcel of land within 2,000 feet of said parcel as an accessory nutlo for the purpose of gix,ing the buildable lot access to Lake Minnetonka. StHd sel4. A the t ima of t1ie sff 4e 0f E6e �:_.., , p. , , e *1 -a-"ot-1wr-4m+44.4r►14-t- This parcel of property shall be subject to an open space easement, in a form acceptable to the City, to insure that it can only be used for the placement of one single family dock, and only after combination with a buildable lot. a•; above. 8. During the calendar year 1980, the Owners may apply for a permit to allow {� for the use of the property and the existing docks in front thereof as a limited commercial marina, and the City shall grant a permit for 1980 for the marina which commercial marina shall be limited as follows: A. No more than a total of 55 boats may be stored on the premises or at slips attached to the dock or moored in front of the property during 1981). B. There may be no winter storage of boats on the property. C. 110 Structure shall be constructed, erected or placed above or upon the property, including without limitation, docks, piers, signs, billboards, hard- cover or roads of any nature whatsoever, accessory buildines, or any other structure or improvement which is not presently existing on the property, which is limited to one storage shed and the present docks, except that portable toilets as necessary and a garbage dumpster may be erected. D. The present docks may he reconstructed in the same position that they are presently and in such a way as to make them safe for the 1980 boating season subject to plan; to be first approved by the City. 9. During any time period in 1980, when the property is used in any way for commercial marina purposes, no occupancy permits for single family residential structure can any nortior. of the property will be granted. 10. As of December 31, 1980, all commercial marina activity of any nature shall have ceased and all docks and piers in front of the property shall have been removed, all boats and boating materials and other structures related to the com- mercial marina activities shall have been removed from the property. 11. In addition to any other remedy the Cit-y may have, the covenants and restrictions contained herein may he enforced by injunction. 12. Any violation by the Owners of the restrictions and covenants herein shall constitute a misdemeanor and may be punishable by up to $5O0 penalty and 90 days in -jail for each day of offense and violation. 13. All the provisions hereof shall run with the property and shall bind the heirs, successors, representatives, grantees or assigns of the Oknerti and the owners agree that this agreement or a short form thereof at the City's discre- - 3 —