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<br /> <br />Doc# 2596240 <br /> <br /> <br />Temporary Easement and Access Agreement <br /> <br />This Temporary Easement and Access Agreement (“Agreement”) dated as of <br />____________________, 2025 (the “Effective Date”), is entered into by and between the City <br />of Lake Elmo (“Property Owner”); and Bay West, LLC (together with its successors and <br />assigns, “Bay West”). <br /> <br />RECITALS <br /> A. Property Owner owns the real property situated within Washington County, State of <br />Minnesota more particularly known as 3445 Ideal Ave, Lake Elmo, MN 55042 (the “Property”). <br /> B. Bay West wishes to perform per- and polyfluoroalkyl substances (PFAS) <br />destruction tests as part of a federally funded research project (the “Project”) on the Property. <br />Bay West intends to install certain temporary improvements, including but not limited to <br />reinforcement of an existing access road, installation of testing equipment, including , but not <br />limited to an air compressor and the mobile research unit, piping and conduit to provide <br />temporary electrical and water services to the Property and secondary containment for liquid- <br />holding totes and tanks (collectively and as more particularly described below and as generally <br />depicted in the attached Exhibit A (the “Site Plan”), attached hereto and made a part hereof, the <br />“Testing Facilities”) in connection with the Project. <br /> C. Bay West desires to obtain a temporary construction and access easement on the <br />Property to be used during the construction, maintenance, repair, replacement, relocation, use and <br />removal of the Testing Facilities from the Effective Date until 11:59 P.m. on October 1, 2025 (the <br />“Term”). <br /> D. Property Owner is willing to grant Bay West certain rights pursuant to the terms and <br />conditions set forth in this Agreement. <br />AGREEMENT <br /> <br />1. Parties. The Parties to this Agreement are: <br /> <br />A. Bay West located at 5 Empire Drive, St Paul MN 55103: and <br /> <br />B. City of Lake Elmo located at 3880 Laverne Ave North, Lake Elmo, MN 55042. <br /> <br />2. Access. The Property Owner hereby consents and provides authorization and a <br />temporary easement to Bay West, its employees, agents, contractors, members of the <br />public on tours of the Project, and state and federal entities overseeing the Project to <br />enter the Property for the following purposes: <br />