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<br />]) 'Qt~ <br /> <br />OPTION AGREEMENT <br /> <br /> <br />THIS OPTION AGREEMENT (the "Agreement") is made and entered into this_ <br /> <br /> <br />day of , 2006, by and between St. Paul Regional Water Service ("Seller") <br /> <br /> <br />and CITY OF CENTERVILLE, a Minnesota municipal corporation ("Buyer"). <br /> <br />RECITALS <br /> <br /> <br />A. Seller is the fee owner of certain real property located in the City of Centerville, <br /> <br /> <br />Anoka County, State of Minnesota with PID No. , such real property <br /> <br /> <br />legally described on Exhibit "A" attached hereto, together with all hereditaments and <br /> <br /> <br />appurtenances, and all easements, rights and other privileges benefiting the real property <br /> <br />(collectively, the "Property"). <br />B. Buyer wishes to secure an option to purchase the Property and Seller is willing to <br /> <br />grant such an option upon the terms and conditions as hereinafter set forth. <br /> <br />NOW, THEREFORE, in consideration of the Option Payment, as defined below, the <br /> <br />receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: <br /> <br />1. RECITALS INCORPORATED. The foregoing recitals are incorporated herein. <br /> <br />2. GRANT OF OPTION. Seller hereby grants to Buyer the exclusive and <br /> <br />irrevocable option ("Option") to purchase the Property, subject to and in accordance with the <br /> <br />terms and conditions set forth in this Agreement. <br /> <br /> <br />3. OPTION PAYMENT. As consideration for the Option granted herein, Buyer has <br /> <br /> <br />paid to Seller the non-refundable sum often thousand dollars ($ 10,000.00) and other good and <br /> <br /> <br />valuable consideration (the "Option Payment"), receipt of which is acknowledged by Seller. <br /> <br /> <br />4. RESTRICTION ON TRANSFER. Seller agrees that, during the Option Term, the <br /> <br /> <br />Seller will not sell, lease, mortgage, convey or otherwise encumber the Property or any part <br /> <br />/11 <br />