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vacation of Sunwood Drive and prior to the execution and recording of the Plat, the City will convey the City Property and the portion of vacated Sunwood Drive accrues thereto upon the vacation of the Vacated Right of Way to Sophia -Ramsey to consolidate title to the City Property and the Sophia -Ramsey Property in Sophia -Ramsey. H. To facilitate the development and use of the HRA Property and the Sophia - Ramsey Property following the relocation of Sunwood Drive, the HRA and Sophia -Ramsey desire to relocate the common boundary between the HRA Property and the Sophia -Ramsey Property. To affect this relocation, the HRA will, subject to and upon the terms and conditions set forth in this Agreement, execute and deliver a quit claim deed to Sophia -Ramsey as provided for in Section 5.1 of this Agreement. 1. In addition, Sophia -Ramsey and the HRA will, immediately following the execution and delivery of deeds as described in Sections 5.1 and 5.2, jointly execute and record an Agreement and Declaration of Covenants, Conditions, Restrictions and Easements for COR TWO in substantially the form attached as Exhibit E (the "Declaration"). J. The parties are executing this Agreement to evidence their agreement regarding the vacation of Sunwood Drive, the recording of the Plat, the exchange of the deeds and the execution of the Declaration. NOW THEREFORE, in consideration of the respective rights and obligations of the HRA, Sophia -Ramsey and the City under this Agreement, the HRA, Sophia -Ramsey and the City hereby covenant and agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. No Contest. The HRA, Sophia -Ramsey and the City, as owner of the City Property, agree not to formally or informally oppose, challenge, or contest the City of Ramsey's vacation of the Vacated Right of Way; provided the vacation is contingent upon the execution and recording of the Plat. 3. City Deed. After the City's adoption of an Ordinance vacating the Vacated Right of Way, the City will execute and deliver to Sophia -Ramsey, as partial consideration for Sophia- Ramsey's performance of its obligations under this Agreement, a Uniform Minnesota Conveyancing blank form quit claim deed conveying the City Property to Sophia -Ramsey. In addition, if, at the time of the conveyance, the City Property is subject to any mortgage or other lien, the City will obtain and record documentation reasonably acceptable to Sophia -Ramsey that releases the City Property from mortgages or other liens, if any, recorded against title to the City Property. 4. Execution and Recordina of the Plat. After the City Council of the City of Ramsey has adopted an Ordinance vacating the Vacated Right of Way, the City has conveyed the City Property to Sophia -Ramsey and the City council of the City of Ramsey has adopted a resolution granting final approval of the Plat, the HRA present the Plat to Sophia -Ramsey for execution and Sophia -Ramsey, as owner of the Sophia -Ramsey Property and the City Property, will promptly cause its chief manager or another appropriately authorized an officer to execute 2 4876736v8