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8/22/13 <br />AGREEMENT <br />THIS AGREEMENT MADE THIS day of , 2013 by and between the <br />City of Little Canada, a municipal corporation of the State of Minnesota (hereinafter referred to <br />as the "City ") and Gordy Kerschner, tenant at 53 Woodlyn Avenue in Little Canada, Minnesota <br />(hereinafter "Tenant "), and Holm Commercial Properties, LLC, owner of 53 Woodlyn Avenue <br />(hereinafter "Owner "). <br />WITNESSETH: <br />WHEREAS, Tenant needs to upgrade electrical service at 53 Woodlyn Avenue <br />(hereinafter "Property ") which is situated in the City of Little Canada, County of Ramsey and <br />legally described in Exhibit A attached hereto, and <br />WHEREAS, Little Canada Ordinance 2301.020 does not allow new overhead services, <br />and <br />WHEREAS, the cost to provide underground service to meet the Tenant's needs exceeds <br />$10,000, and <br />WHEREAS, City is willing to allow an overhead service with the understanding that <br />should undergrounding of electrical service occur at any time in the future, Tenant and /or Owner <br />will he responsible for all costs associated with the modifications to this service, <br />NOW THEREFORE, the City, Tenant, and Owner jointly agree as follows: <br />Contract <br />1. "Tenant agrees that should undergrounding of the primary lines occur in the area of <br />the Property during the term of Tenant's lease with Owner, Tenant shall pay all costs associated <br />with the change to underground service that are related to the new overhead service allowed <br />pursuant to this agreement. Those costs are meant to include, but are not necessarily limited to <br />electrical service upgrades for the building located on the Property, the cost for undergrounding <br />2 <br />