03-03-26 City Council Meeting Packet

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LA515\1\1067712.v4 AGREEMENT THIS AGREEMENT is entered into this _____________ day of _______________, 2026 by and between the Valley Branch Watershed District, a Minnesota municipal corporation, organized under the laws of the State of Minnesota, with an address of P.O. Box 838, Lake Elmo, MN 55042 (the “District”) and the City of Lake Elmo, a Minnesota municipal corporation, with an address of 3880 Laverne Avenue N., Lake Elmo, MN 55042 (the “Ci ty”), acting through its Fire Department (collectively District and City are referred to herein as the “Parties”). WHEREAS, the District is the fee owner of certain real properties located at 2764 Legion Avenue N., 2778 Legion Avenue N., 2814 Legion Avenue N., and 2832 Legion Avenue N., Lake Elmo, MN 55042, each of which is legally described in the attached Exhibit A; and WHEREAS, the prior owners of 2814 Legion Avenue N., will be occupying the property until May 31, 2026; and WHEREAS, the District expects to acquire fee ownership of certain real property located at 2790 Legion Avenue N., Lake Elmo, MN 55042 on or around July 15, 2026, which is legally described in the attached Exhibit A; (collectively the five Legion Avenue properties are referred to herein as the “Properties” and individually as the “Property”); and WHEREAS, there are buildings located on each Property; and WHEREAS, the District agrees to allow the City’s Fire Department to conduct training exercises on 2764 Legion Avenue N. in March or April of 2026, and 2814 Legion Avenue N. in July or August of 2026, that may result in the buildings on those properties being destroyed by smoke or fire; and WHEREAS, the District shall grant the City access and use of Properties owned by the District that are unoccupied when the training exercises occur. NOW, THEREFORE, the Parties hereto in consideration of the mutual covenants and considerations hereinafter set forth do agree as follows: 1. Grant of Use of the Properties. The District, as a community service and without other compensation, grants permission to the City to access the Properties and to enter and destroy the buildings on 2764 Legion Avenue N. and 2814 Legion Avenue N., as provided in this Agreement, for purposes of conducting Fire Department training exercises. The District consents to the buildings on 2764 Legion Avenue N. and 2814 Legion Avenue N. being destroyed by smoke or fire as a result of the training exercise. 2. Training Activities - Generally. The City’s training exercise will involve the intentional destruction of the buildings on 2764 Legion Avenue N. and 2814 Legion Avenue N. by fire with response by the City Fire Department personnel. 3. Access for Training Activities at 2764 Legion Avenue N: When the City conducts training exercises at 2764 Legion Avenue N, it may access and use 2778 Legion Avenue N., and 2832 Legion Avenue N., for staging purposes in order to assist with keeping Legion Avenue clear