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<br /> 00115223.DOC / v. 4 2 <br />WHEREAS, the City and KDP have/will enter into a separate agreement (the <br />“Development Agreement”) that will provide that KDP will perform the KDP ROW Work in the <br />event the Trigger Events occur. <br /> <br /> <br />NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, <br />the parties agree to the following terms and conditions: <br /> <br /> 1. The recitals set forth above are restated by this reference. <br /> <br />2. KDP ROW Work. Should the Trigger Events occur, the County and City agree <br />that KDP, at KDP’s cost, shall perform the KDP ROW Work and complete same by the Grocery <br />Deadline. The “KPD ROW Work” is that part of the ROW Work that includes the full access <br />(right in/right out/left in/left out) traffic signal and intersection/curb cut/entry apron adjacent to and <br />leading into the KDP Parcel which is located in Lexington Avenue and is labeled as the KDP <br />ROW Work on the Site Plan. For the avoidance of doubt, the KDP ROW Work (a) is only that <br />part of the ROW Work that falls in Lexington Avenue and is labeled as the KPD ROW Work on <br />the Site Plan, (b) does not include the deceleration lane, and (c) includes the work necessary to <br />install a temporary traffic signal. So long as KDP has obtained a building permit for the work it <br />will perform on the KDP Parcel, the County and City acknowledge and agree that KDP shall be <br />responsible for obtaining all necessary permits to perform the KDP ROW Work and the KDP <br />ROW Work shall be substantially consistent with the County plans. The KPD ROW Work shall <br />be performed by KDP in accordance with the plans and specifications generated by the County. <br />County shall also review and approve the temporary installation of the improvements. <br /> <br />The County and City agree that its receipt, pursuant to the notice provisions of Section 3 <br />hereinafter, of written notice from KDP that the Trigger Events occurred shall be sufficient <br />evidence that the Trigger Events have occurred and will allow KDP to perform the KDP ROW <br />Work pursuant to the Development Agreement. <br /> <br /> 3. Notices. All notices, requests, demands, and other communications required or <br />permitted to be given under this Memorandum shall be given in writing (at the addresses set forth <br />below) by any of the following means: (i) personal service; (ii) electronic mail or an attachment to <br />electronic mail in Adobe Systems, Inc. Portable Document Format (PDF); or (iii) delivery by any <br />reputable overnight courier service. Any notice, demand or request sent pursuant to either (i) or <br />(ii) hereof shall be deemed received upon such personal service or upon dispatch by electronic <br />means and if sent pursuant to (iii) hereof shall be deemed received one (1) day following delivery <br />to such courier service. <br /> <br /> To County: <br /> <br /> Director of Public Works and County Engineer <br /> Ransey County-Department of Public Works <br /> 1425 Paul Kirkwold Drive <br /> Arden Hills, MN 55112 <br /> Att: John R. Mazzitello, Deputy Director-Program Delivery <br /> john.mazzitello@co.ramsey.mn.us