4.3 SR 05-17-2021 - Laserfiche WebLink

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