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<br />. <br /> <br />. <br /> <br />City that such removal is necessary for such Redeveloper's construction of Site Improvements or <br />Minimum Improvements. <br /> <br />3. Following conveyance of Tract 1 to the Redevelopers, the City is granted the right <br />to enter onto Tract 1 in order to perform its obligations hereunder. <br /> <br />4. If the City fails to remove excess soil by the relevant deadline imposed by <br />Paragraph I or 2 above, either Redeveloper may do so upon written notice to the City that it has <br />elected to do so. The Redeveloper removing the soil shall be reimbursed for the cost of such <br />removal as follows: (a) $2.00/cubic yard if the soil may be relocated within the Redevelopment <br />Property, or (provided that the City and Ramsey County permit use of a scraper or ofT-road <br />truck) east of the Redevelopment Property between Old Highway 8 and Interstate 35W; or (b) <br />$5.00/cubic yard in all other cases. Such reimbursement shall be such Redeveloper's sole <br />remedy for the City's failure to remove excess soil as required by this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in <br />each of their names on or as of the date first above written. <br /> <br />G:\WPDA T A \N\NW QUAD\ 18\DOC\HOLDDOWN AGREEMENT V3.DOC <br /> <br />[signature pages follow] <br /> <br />2 <br />