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C. The District will use its best efforts to obtain all necessary governmental <br />approvals that are required for the development of the Property with the Facility, consistent with <br />the Project schedule set forth in Exhibit B and in accordance with the City of Lake Elmo's <br />ordinances, policies, procedures and fee schedule. <br />D. The District will cooperate in good faith with the City concerning the location of <br />public easements that the City may acquire, at no additional cost, over portions of the Property in <br />furtherance of the Project. The District will permit the installation within the easement areas of <br />improvements for the sanitary sewer and water system, as well as public walkways and parking. <br />K. E. Concurrent with its performance of other obligations under this ARTICLE <br />II, the District agrees to and acknowledges the public benefit derived from construction, <br />operation and use of the Property, as delineated in Exhibit C, which defines the City's right and <br />intent to utilize portions of the Facility and property for priority, but secondary, use of portions <br />of the Facility and property, subject to District discretion and reasonable operation and <br />management considerations. <br />F. The District agrees to commence construction of the Facility on or about June 3, <br />2011 and to use its best efforts to complete construction in accordance with Project schedule on <br />the attached Exhibit B. The District will construct and own the Facility consistent with the final <br />lease terms. <br />G. At the time the Property is connected to the City sanitary sewer and /or water <br />system, the District agrees to pay all applicable sewer and water availability, connection, and <br />area charges, at the rates as set forth in Article I for any and all REC units above 50, as <br />determined by the Metropolitan Council. <br />6 <br />