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UTILITIES AND ROADWAY AGREEMENT <br /> THIS UTILITIES AND ROADWAY AGREEMENT ("Agreement") is made this <br /> day of , 2021, by and between CARGILL, INCORPORATED <br /> ("Cargill"), a Delaware corporation with its principal place of business in Wayzata, Minnesota, <br /> and THE CITY OF ELK RIVER("the City"), a municipal corporation organized under the laws <br /> of Minnesota. <br /> RECITALS <br /> WHEREAS, Cargill operates an agricultural research facility, known as the Cargill <br /> Innovation Campus ("CIC"), on approximately 950 acres in the City, which acres are zoned <br /> Agricultural Research ("the Cargill Property"); and <br /> WHEREAS, the CIC consists of laboratories, feed processing plants, animal housing and <br /> containment units, offices and other facilities for conducting beef, dairy, swine, preservative and <br /> other types of animal, nutrition and agricultural research, and also includes as part of the CIC <br /> operations, among other things, tilled fields,pasture land, storage areas, Land Trust, buffer zones, <br /> and other ancillary areas and uses supporting the development of improved technology in animal <br /> nutrition, nutrient utilization, and livestock management (collectively, "Cargill's Operations"); <br /> and <br /> WHEREAS, Cargill has operated the CIC in the City since 1958, and intends to continue <br /> operating the CIC for purposes of Cargill's Operations including conducting animal, nutrition and <br /> agricultural research; and <br /> WHEREAS, Cargill desires to have the City utilities extended south to 165th Avenue so <br /> that some of the CIC facilities can be served by the City utilities; and <br /> WHEREAS,the City desires to extend 168th Circle south to 165th Avenue to improve traffic <br /> flow in this area of the City. <br /> NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth <br /> herein, and other good and valuable consideration,the receipt and sufficiency of which are hereby <br /> acknowledged, the parties hereto agree as follows: <br /> AGREEMENT <br /> 1. The City and Cargill will jointly plat the properties described on Exhibit A attached <br /> hereto ("PID 75-011-4100" and "PID 75-011-4400", collectively, the "Property"). The City will <br /> bear all costs related to the plat, including all surveying, engineering and related costs. <br /> 2. The plat will dedicate 100 feet of right-of-way along the westerly edge of PID 75- <br /> 011-4400 for roadway and utility purposes. Dedication of this portion of PID 75-011-4400 will <br /> be at no cost to the City. <br /> 3. Cargill will retain ownership of the portion of PID 75-011-4400 not dedicated for <br /> roadway and utility purposes. <br />