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AN AGREEMENT FOR TEMPORARY USE AND PERMANENT EASEMENT <br />1.0 Parties. This Agreement is dated the day of <br />, 1996, and is entered into by and <br />between the City of Lake Elmo, a Minnesota statutory city (herein <br />the "City"), Carl Bolander & Sons, Inc., (herein "Contractor"), and <br />the Valley Branch Watershed District (herein the "VBWD"). <br />2.0 Recitals. <br />-- - A. The VBWD has caused plans and specifications .to be <br />prepared for the Olson Lake Estates Pond Outlet Project <br />(herein the "Project"). <br />B. A portion of the Project includes the construction of a <br />storm water pipe and appurtenances in Pebble Park (herein <br />the "Park") which is located in and owned by the City. <br />C. VBWD has awarded the contract for the construction of the <br />Project to the Contractor. <br />D. The Contractor has requested the temporary use of a <br />portion of the Park for the storage of equipment and <br />materials in connection with the construction of the <br />Project and VBWD has requested a permanent storm water <br />main easement. <br />E. A diagram of the Park which illustrates the center line <br />of the proposed storm water main and the proposed <br />equipment and materials storage areas (herein the <br />"Storage Area") is attached and incorporated as Exhibit <br />A. <br />3.0 Terms and Conditions. In cooperation with the VBWD; and <br />in order to expedite the construction of the Project in the City; <br />and in consideration of the mutual undertakings herein expressed, <br />the parties agree as follows: <br />A. VBWD shall stake the perimeter of the Storage Area in a <br />manner acceptable to the City Engineer prior to placement <br />of equipment or materials in the Park. <br />B. After execution of this Agreement by VBWD, the City shall <br />allow Contractor access to the Storage Area. <br />C. Contractor shall have access to the Storage Area up to <br />and including April 30, 1996, unless an extension is <br />mutually agreed upon by the parties in writing. <br />D. Contractor shall restore the Storage Area and any other <br />areas of the Park disturbed by the Contractor. <br />1. Restoration shall be completed within thirty (30) <br />days following Contractor's vacation of the Park <br />