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WHEREAS, in order to establish the TIF District, the City seeks to perform an interior inspection of Capitol View to determine whether the school is "structurally substandard" within the meaning of Minnesota Statute section 469.174, subd. 10a, and the City acknowledges that any such determination that the improvements are "structurally substandard" does not mean that the school is not adequate for current occupancy. The parties acknowledge that Capitol View does not have a complete fire sprinkler system; and WHEREAS, Metro East 916 is only willing to grant permission to the City for such an inspection upon certain terms and conditions, as more particularly set forth herein. NOW, THEREFORE, in consideration of One Dollar ($1.00) to the City and the mutual agreements herein which are agreed to be valuable consideration, the receipt and adequacy of which are acknowledged by the parties, one to the other, Metro East 916 and the City covenant and agree as follows: 1. Recitals. The Recitals are incorporated as if fully set forth herein. 2. Redevelopment Area. The TIF District will not be established within a Redevelopment Project area under Minnesota Statutes, Section 469.001 through 469.047. 3. Eminent Domain. The City agrees that for the duration of the TIF District it will not use, or threaten to use, any of its eminent domain authority under Minnesota Statutes, Chapter 117 with respect to the Capitol View Parcel. Provided, however, the foregoing shall not be construed to prohibit the City from using any eminent domain authority it may have under Minnesota law with respect to any taking for governmental purposes which does not materially adversely impact the operation of Capitol View or its roadway access. Nothing under this Agreement or in connection with the establishment of the TIF District shall be construed to broaden any eminent domain rights of the City with respect to the Capitol View Parcel. 4. Inspection. Metro East 916 hereby authorizes the City and its agents to enter the Capital View Parcel and the improvements thereon, at any reasonable time on or after the date of this Agreement, as necessary to inspect such property in connection with the establishment of the TIF District. The City represents it has no intention of using any determination of Capitol View being "structurally substandard" within the meaning of Minnesota Statutes, Section 469.174 to materially adversely affect Capitol View in any way. Metro East 916 acknowledges that the City will attach any such determination to the tax increment financing plan for the TIF District which is available to the public and subject to a public hearing. The City agrees it will not publish the determination in any other manner, nor use the determination to require Capitol View to make any improvements. 2081743v2 5