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AttachmentA License No. UA-1484 1 2 3 AGREEMENT 4 5 6 THIS AGREEMENT Agreement (the “”) is entered into effective as of the date of last 7 Effective Date signature below (the “”) by and between Regents of the University of Minnesota, 8 “University a Minnesota constitutional corporation (the ”), and the City of Roseville, a 9 Licensee Minnesota municipal corporation (the “”) (either of which is also referred to herein as a 10 PartyParties “” and, collectively, they are referred to herein as “”). This Agreement is entered 11 into by the University through the Real Estate Office. 12 13 1.Grant of License. 14 15 1.1 University hereby grants to Licensee a non-exclusive, revocable license over, 16 Exhibit A under, and across the portion of real property approximately 50 feet wide depicted on 17 University Property (the “”) to reconstruct Gortner Avenue, including the addition of new 18 sidewalk on the east side of Gortner, between Folwell and Larpenteur Avenues and to restripe 19 the entire length of Gortner Avenue to designate a recreational trail for pedestrian and non- 20 motorized bicycle traffic for the purpose of extending the Northeast Suburban Campus 21 Connection Bicycle/Pedestrian Project from County Road B-2 in Roseville to the University’s 22 Project Twin Cities campuses (the “”). Licensee’s construction of the Project shall be in 23 accordance with Final Project Plans (defined in Section 3.2.1). The preliminary engineering 24 Preliminary Project Plans drawings, specifications and construction plans (“”) attached as 25 Exhibit B . 26 27 1.2 This Agreement will begin on June ___, 2012 and end upon completion of 28 construction of the Project, but not later than July 31, 2012, unless earlier terminated as provided 29 herein. Time is of the essence in completion of construction of the Project. 30 31 1.3 This Agreement is subject to: (a) any and all existing restrictions, covenants, 32 easements, licenses, permits, leases and other encumbrances relating to the University Property; 33 and (b) all applicable federal, state, and local laws, statutes, regulations, ordinances, rules, and 34 requirements and applicable University ordinances, policies, and procedures. 35 36 1.4 Licensee accepts all rights granted under this Agreement in an “AS IS” and 37 “WITH ALL FAULTS” condition, and subject to all limitations on University’s rights, interests, 38 and title to the University Property. 39 40 1.5 Licensee represents that it has inspected the University Property and enters into 41 this Agreement with knowledge of the condition thereof. Licensee shall determine the suitability 42 of the University Property for its intended use, including without limitation geotechnical, 43 structural, environmental, and health or safety conditions. Licensee acknowledges that this 44 Agreement does not contain any implied warranties by University that Licensee or Licensee’s 45 contractors or consultants can successfully construct the Project on the University Property. 46 1