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Attachment A RIGHT OF ENTRY ACKNOWLEDGMENT AND LIMITED LICENSE AGREEMENT THIS AGREEMENT ("Agreement") is entered by the City of Arden Hills, Minnesota ("City") and the Rice Creek Watershed District ("District"), effective upon execution by the City as dated below. The City and the District may be collectively referred to as the Parties. RECITALS: A. City is the owner of a parcel of property (Parcel Identification Number 223023340052), commonly known as Floral Park, located off of Floral Drive W within the City (the "Property"). B. The District, pursuant to its authority under Minnesota Statutes, section 103D.730, has constructed a berm located within the Property (the "District Facility"). The District Facility is designed to control flooding and improve water quality throughout the District. C. The District Facility needs maintenance and will need future inspection and maintenance (the "Work"). The Property provides necessary, reasonable, and convenient access to the District Facility to do the Work. D. City and the District have agreed that the District may enter and occupy the Property to complete the Work on the District Facility, as depicted on the attached Exhibit A. E. The District has requested that City enter into this Agreement acknowledging the District's right of entry for the purpose of inspecting and maintaining the District Facility. NOW, THEREFORE, for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City and District agree as follows: AGREEMENT: 1. RIGHT OF ENTRY. The City hereby acknowledges District's right of entry to the Property for the purpose of completing the Work, as depicted on the attached Exhibit A. Further, the City represents that it has the authority to acknowledge the right of entry and no other person may deny such entry. 2. TERM. The term of this Agreement is from the date of execution of the Agreement in perpetuity. Either Party may terminate this Agreement by writing, effective thirty (30) days after receipt of written notice. In the event the City desires to sell or otherwise relinquish ownership of the Property, the City shall inform the District in writing at least ninety (90) days prior to the modification of ownership and shall inform the potential new owner of the Property in writing of this Agreement and the District's interest in the Work at least ninety (90) days before the signing over title to the potential new owner. 3. DISTRICT RETAINS DISCRETION. The District will complete so much of the Work as it deems necessary in its discretion under District policies and as required by Minnesota Statutes, chapter 103D. City agrees that the District is not committing to any ongoing maintenance or other obligations on the Property as a result of completing the Work. It is understood that the District Page 1 of 5 4922-5966-1683, v. 1