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LA515\1\1029344.v1 <br />LICENSE AGREEMENT <br /> <br /> This License Agreement (this “License Agreement”) is made and effective on __________, <br />2025, by and between the City of Lake Elmo, a Minnesota municipal corporation, located at: 3880 <br />Laverne Avenue N., Lake Elmo, Minnesota, 55402 (the “City”) and the University of Minnesota, <br />a public land-grant research institution in the State of Minnesota located at: 100 Church Street SE, <br />Minneapolis, MN 55455-0213 (the “University”). <br /> <br /> WHEREAS, the City is the fee owner of the property containing the City’s Water Tower <br />#3 which is located at 120 Lake Elmo Avenue N., Lake Elmo, legally described on the attached <br />Exhibit A (the “City Property”); and <br /> <br /> WHEREAS, the University has requested that it be able to complete research by planting <br />multiple species of drought-resistant grass on the City Property and observing and maintaining the <br />grass for a period of three years; and <br /> <br /> WHEREAS, the City is willing to allow the University to plant and maintain multiple <br />species of drought-resistant grass and install a temporary irrigation system and public <br />informational signage on the City Property subject to the terms and conditions of this License <br />Agreement; and <br /> <br /> NOW, THEREFORE in consideration of the mutual promises contained in this License <br />Agreement, the parties agree as follows: <br /> <br />1. The City hereby grants to the University a non-exclusive license to keep and <br />maintain multiple species of drought-resistant grass on the City Property in the location that is <br />shown on the attached Exhibit B. This may include the use of a seeding blanket. The University <br />may place signs on the City Property educating the public about its grass research. The University <br />shall be responsible for the costs of purchasing the grass seed, planting the grass, watering the <br />grass, installing the temporary irrigation system and hooking it up to the City’s water system, <br />installing the signs and any other supplies needed in order to maintain the grass on the City <br />Property. The University shall be responsible for maintaining the grass and all of the <br />improvements permitted under this License Agreement and shall remove the improvements at the <br />end of the term of this License Agreement. The University shall be responsible for mowing the <br />grass. The University may perform data collection activities with respect to the grass planted on <br />the City Property. The University may invite the public onto the City Property in order to educate <br />the public about the grass. The public must be supervised by the University when they are on the <br />City Property. <br /> <br /> 3. The University shall pay to the City a gross license fee for the use of the City <br />Property in the amount of $1.00 (“License Fee”). <br /> <br /> 4. The University agrees that the use of the City Property is with the City’s permission <br />and is not open, continuous, notorious, or in any other manner supportive of a claim of adverse <br />possession, prescriptive easement, or other entitlement to the City Property. The parties <br />acknowledge that this License Agreement is a license for the University to use the City Property