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CITY OF RAMSEY ANOKA COUNTY, MINNESOTA ACCESS AGREEMENT This Agreement dated this day of July, 2010 is by and between BNSF Railway Company, a Foreign Corporation registered to do business in the State of Minnesota ("BNSF") and the City of Ramsey, a Minnesota municipal corporation (the "City"). RECITALS The City is the fee owner of the real property generally located at the northwest corner of the intersection of Ramsey Blvd NW and the BNSF railroad right-of--way, Ramsey, Minnesota and legally described as follows (the "Property"): Outlot HH Ramsey Town Center Add 2. The Property, which is within the City, is currently vacant and contains a large storm water retention pond. 3. Due to remediation efforts by BNSF on the railroad right-of--way and on the property south of the railroad right-of--way to remove arsenic-impacted soils, the City agrees to grant temporary BNSF access and use of the Property for the purposes of BNSF's vehicle parking, construction equipment storage, and temporary field office(s). 4. The remediation efforts have been approved by the Minnesota Pollution Control Agency and the Metropolitan Council Environmental Services. Furthermore, the City has granted an Interim Use Permit such that BNSF can complete the required grading and mining activities. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: A. USE. The City grants to BNSF a license to utilize the Property as follows: (1) Storage and parking of vehicles and construction equipment; and (2) Temporary office(s). B. NO ARSENIC IMPACTED MATERIALS. BNSF shall not utilize the Property for the handling or stockpiling of any arsenic-impacted materials C. INDEMNIFICATION. BNSF agrees that any and all claims that arise or may arise against the City, its officer, agents, servants or employees as a consequence of any act or omission on the part of BNSF or its agents, servants, or employees as a result of BNSF's use of