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00115223.DOC / v. 7 AGREEMENT This Agreement (“Agreement”) is made between the County of Ramsey, Minnesota (“County”) and the City of Arden Hills, Minnesota (“City”) and is entered into as of ____________, 2021. WITNESS WHEREAS, the County is performing certain roadway improvements to Lexington Avenue (the “Project”) in the area of 3787 Lexington Avenue, Arden Hills, MN (the “KDP Parcel”), which improvements include construction of a intersection/curb cut/entry apron adjacent to and leading into the KDP Parcel in the locations shown on the site plan attached hereto as Exhibit A (the “Site Plan”), a traffic control signal at that intersection, and related safety and structural improvements; and WHEREAS, a private entity (“KDP”)intends to redevelop the KDP Parcel and the City wishes to ensure that certain roadway improvements required for the KDP Parcel to be used as intended, namely curb cut/entry apron and traffic control signaling be completed no later than October 31, 2022 (the “Development Deadline”); and WHEREAS, the County has entered into an intergovernmental agreement with other counties and government entities to share the expenses of the Project (the “Cooperative Agreement”); and WHEREAS, City seeks the option to perform, or cause others to perform, certain temporary roadway improvements (the “Temporary ROW Work”), defined below, in order to ensure the KDP Parcel is able to open by the Development Deadline; and WHEREAS, the County has agreed to allow the City to perform the Temporary ROW Work, or to oversee a third-party perform the Temporary ROW Work, provided the City is ultimately responsible for the quality and workmanship of the Temporary ROW Work, is responsible for all costs and expenses, reimburses the County for removing the temporary improvements, and complies with the procedures herein; and WHEREAS, the City and KDP have/will enter into a separate agreement (the “Development Agreement”) that will provide that KDP will perform the Temporary ROW Work in the event the City elects to perform them. NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, receipt acknowledged, the parties agree to the following terms and conditions: 1. Definitions defined in the recitals set forth above are restated by this reference. 2. Temporary ROW Work: The Temporary ROW Work includes a temporary traffic signal and a temporary paved entry apron/curb cut, as well as other temporary stormwater, lighting, grading, or other improvements necessary to implement the Temporary ROW Work.