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� -Page 2 of 3 � "" <br /> 3) The portion of Ivy Lane which runs down to and <br /> terminates at the shoreline of Lake Minnetonka <br /> � is presently intended for purposes of walking <br /> access to the lake by the general public, for <br /> occassional emergency fire lane access to the lake. <br /> , Wilson agrees not to obstruct, interfere with or <br /> discourage such use of Ivy Lane. Vehicles, trailers <br /> and other objects shall not be parked or stored within <br /> the Ivy Lane rig}�t of way except on the existing <br /> paved driveway and parking area. <br /> :rt 4) Wilson agrees not to alter the grade, fill, excavate <br /> *'` nor remove trees from Ivy Lane without the prior � <br /> �z;. .� <br /> �,��w. written approv.al of the City. This condition shall <br /> >� not preclude Wilson from cutting grass and weeds, <br /> ;.r�,; ° removing debris or otherwise maintaining the appearance <br /> _ of Ivy Lane. <br /> j �" ' 5) Tr�e Ci�y agrees to license and allow to remain <br /> � <br /> those existing private improvements erected within • <br /> the Ivy Lane right of way for the exclusive benefit <br /> of the Wilson property as shown on a survey prepared <br /> by Gordon R. roffin for the City, dated September. 25, <br /> 1981, as follows: � <br /> a) Approximately 1850 sf of paved driveway, <br /> parking and turnaround area. ' <br /> x ` b) Two stone retaining walls totallin a <br /> "�"� 40 lineal feet, and appurtenant landscaronimately <br /> " 4 c) Approximately 2� liz�eal feet of board fence. <br /> ,* ; <br /> d; Or.e 4 ft x 5 ft wooden trash can rack. <br /> � ' provided that the above improvements are not enlarged <br /> or expanded and no new improvements are constructed <br /> within ivy Lane without the prior written approval of <br /> the City. Wilson agrees that this license is permissive <br /> only, and may be revoked by the City for any reason <br /> upon 15 days notice to the then current owner of the <br /> Wilson property in which event Wilson or thQ then <br /> current owner a�rees to remove any such private <br /> ' improvements as may be directed by the City, and to <br /> restore the disturbed area of Ivy Lane to a natural <br /> appearance and ground cover. In the event that such <br /> improv�ments 3re not removed within 60 days of such <br /> a notice from the City, the City may proceed and remove <br /> �;:�:�, �" said improvements and the cost of such removal and <br /> restoration shall be assessed against the Wilson property. <br /> Wilson hereby releases the City from any cause of action <br /> a`: ' or claim for damages in such an event. <br /> � ' 6) Wilson agrees to indemnify and holo. narmless the City, <br /> - the Czty Council, and the agents and employees of the <br /> ���'; City from and against all claims, damages, losses, <br /> � <br /> '� ��' expenses or c�uses of action against the City, including � <br /> '��` � attorneys fees, which the City, the City Council and <br /> `;' � ' agents or. employees of the City may suffer or for �ahich <br /> �� `� they may be reld liable arising out of the use or <br /> '�� existence of Wilson's private i.mprovements on and within <br /> � . Ivy Lane. <br /> .i.:J:'�.�.�.�. ... . . . <br /> �., <br /> �- ..1.'' . . � . <br />