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r>» <br />1 <br />AGREEMENT <br />THIS AGREEMENT, is made and entered into as of the day of <br />, 2005 by and between the city of Medina, a Minnesota municipal <br />corporation (‘'Medina"), and the city of Orono, a Minnesota municipal corporation ("Orono”). <br />RECITALS <br />1. Medina and Orono are authorized by law to carry out numerous governmental <br />functions within their respective corporate limits, including the construction, oper;tion and <br />maintenance of public streets and roadways, sanitary sewer facilities and municipal water <br />utilities. The purpose of this Agreement is to provide for the construction by Medina of certain <br />public improvements needed in connection with the development of land located in Medina but <br />also providing access to certain land in Orono. <br />2. Medina and Orono share a common border along the southern corporate limits of <br />Medina and the northern corporate limits of Orono. That portion of the common border subject <br />to this Agreement is located southwest of U.S. Highway 12. <br />3. Medina anticipates that residential development will occur along the common <br />border with Orono in the area of Medina which has been platted as "Park Ridge Acres (the <br />“Development"). <br />4. The Development will necessitate the construction of certain public <br />improvements, including roadways, sanitary sewer, storm sewer and water utilities, (collectively, <br />the "Local Improvements”). Medina intends to construct the Local Improvements to serve the <br />Development and will require that the developer reimburse all or a portion of the cost thereof. <br />5. It is contemplated that the Local Improvements scr\ ing the Development will <br />include a street right-of-way platted as "Spruce Way.” It is necessary and convenient for a <br />portion of Spruce Way and associated sanitary sewer, storm sewer and water utilities to be <br />located in Spruce Way to be extended onto land lying within the corporate limits of Orono as <br />shown in Exhibit A (the “Orono Property"). <br />6. In order to accommodate the extension of Spruce Way and the sanitary sew'cr, <br />storm sewer and water utilities to be located in Spruce Way, Orono has approved and will file <br />with Hennepin County a road right-of-way plat memorializing a right-of-way over the Orono <br />Property. <br />7. Medina and Orono intend that the Loral Improvements will be constructed in a <br />manner that is in the mutual interests of both communities. The need to construct the Local <br />Improvements as contemplated herein is primarily the result of the Development and certain <br />planned improvements by the Minnesota department of transportation to U.S. Highway 12. Due <br />to the closure of an existing access onto U.S. Highway 12, four properties in Orono will utilize <br />the portion of Spruce Way located in Orono via private driveways for ingress and egress <br />purposes. <br />■ <br />J