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AGREEMENT <br />THIS AGREEMENT, made and entered into this day of <br />2006, by and between the City of Little Canada, a municipal corporation under the laws <br />of the State of Minnesota ( "City ") and RAB, L.L.C., a Minnesota limited liability <br />company ( "RAB "). <br />RECITALS: <br />WHEREAS, the parties to this Agreement have previously entered into a <br />Development Agreement dated July 21, 1999, an Amendment to Development <br />Agreement dated January 19, 2005, and a subsequent Agreement. <br />WHEREAS, pursuant to the terms of the above referenced Agreements, RAB has <br />constructed a building located at 2935 Country Drive, Little Canada, Minnesota. RAB <br />desires to construct a monument sign at said location. <br />WHEREAS, in order to accommodate RAB's desire for a monument sign, the <br />City has vacated a portion of Country Drive. Said vacation of County Drive is subject to, <br />and contingent upon, the reservation of a Utility Easement in favor of the City and <br />RAB's agreement that it will be responsible for any and all costs associated with such <br />monument sign. <br />NOW, THEREFORE, in consideration of the vacation of a portion of County <br />Drive, and the other promises contained herein, the receipt and sufficiency of which are <br />hereby acknowledged, the parties agree as follows: <br />1. RAB agrees that the property vacated by the City, legally described as: <br />"the easterly 11 feet of County Drive lying between the easterly extension <br />of the northerly and southerly lines of Lot 1, Block 1, Country Side <br />Terrace" shall be encumbered by a Utility Easement in favor of the City. <br />