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UTILITY CONSTRUCTION AND USE AGREEMENT MOUNDS VIEW-ARDEN HILLS-MINNESOTA DEPARTMENT OF ADMINISTRATION MINNESOTA DEPARTMENT OF ADMINISTRATION FACILITIES ON COUNTY ROAD I PARTIES This Agreement is made and entered into this day of 1993, by and between the City of Mounds View, a statutory city under the laws of the State of Minnesota (herein "Mounds View"); the City of Arden Hills, a statutory city under the laws of the State of Minnesota (herein "Arden Hills"); and the Minnesota Department of Administration for the State of Minnesota (herein "State"). RECITALS State owns certain property within Arden Hills (herein the "State Property"). It is currently more economical to extend public water utilities to the State Property from existing water mains located within Mounds View than to have such mains extended from existing locations within Arden Hills. The current location of public water mains in Mounds View and the State Property located in Arden Hills are illustrated on Exhibit A attached. The connection from the existing Mounds View water main to the State site shall be referred to herein as the "Public Water Facilities". CONSENT Arden Hills consents to the extension of the Public Water Facilities from the Mounds View water utility to the State Property pursuant to the terms and conditions of this Agreement. TERMS AND CONDITIONS In consideration of the mutual undertakings herein expressed, the parties agree as follows: 1. CONSTRUCTION OF PUBLIC WATER FACILITIES AND INSTALLATION OF WATER METERS. State, at its cost, shall extend and construct Public Water Facilities from approximately the intersection of I-35W and County Road I within Mounds View to the State Property located approximately at the Southeast quadrant of County Road I and Cleveland Avenues within the corporate limits of Arden Hills and, in addition, at its cost, shall purchase and install water meters as required by the Mounds View engineer, which meters shall, thereafter, become the property of Mounds View. Such construction shall be according to plans and specifications approved by the Mounds View engineer. All permits required in order to construct such Public Water Facilities shall be obtained by State.