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AGREEMENT <br />THIS AGREEMENT, entered into as of the day of February, 2003, is binding <br />by and between the City of Little Canada, (hereinafter "Little Canada ") a municipal corporation <br />under the laws of the State of Minnesota, and Market Place Development Company, LLC, <br />( "MPD ") a Minnesota limited liability company. <br />WHEREAS, MPD owns a number of parcels which lie within the Market Place Plat in <br />the City of Little Canada. <br />WHEREAS, MPD applied for subdivision of a parcel of its property to allow for the <br />construction of a Snyder's Drug Store. <br />WHEREAS, MPD has agreed to donate a separate parcel to Little Canada to be used for <br />pond purposes. <br />WHEREAS, Little Canada approved MPD's subdivision application, contingent upon <br />MPD donating the separate parcel to Little Canada. <br />WHEREAS, the parties have agreed to delay said donation until after either the vacation <br />of First Bank Drive, or July 1, 2003, whichever occurs first. <br />NOW, THEREFORE, in consideration of the mutual terms and conditions contained <br />herein, and for other valuable consideration, including Little Canada's approval of MPD's <br />subdivision application, MPD and Little Canada hereby agree as follows: <br />1. MPD's Conveyance of Property to Little Canada <br />(a) MPD agrees to convey the following property to the City: <br />That part of Lot 1, Block 2, Market Place, according to said plat on file and of <br />record in the office of the County Recorder, Ramsey County, Minnesota which <br />lies East of the West 289.00 feet of said Lot 1. (Hereinafter referred to as the <br />"Subject Property ".) <br />(b) If MPD acquires title to the following property, said property shall also be conveyed by <br />MPD to the City of Little Canada: <br />That part of vacated First Bank Drive, as dedicated in said Market Place, which <br />lies Easterly of the Southerly extension of the East line of said West 289.00 feet <br />of Lot 1 and which lies West of a line described as follows: <br />Beginning at the most Southeasterly comer of said Lot 1; thence South 00 degrees <br />37 minutes 20 seconds East, an assumed bearing along the Southerly extension of <br />the East line of said Lot 1, a distance of 60.00 feet to the South line of said Market <br />-2- <br />