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GRANT OF PERMANENT EASEMENT
<br />1. Grant. Tn consideration of one dollar ($1.00), the receipt and sufficiency of which are hereby
<br />acknowledged, AMAZON.COM SERVICES, LLC, a Delaware limited liability company ("Grantor"),
<br />grants to CITY OF CENTERVILLE, a Minnesota municipal corporation ("Grantee" or "City"), an
<br />exclusive perpetual easement ("Easement") as depicted and described on Exhibit A attached hereto (the
<br />"Easement Area") for public purposes over, across, on, under, and through that portion of the real
<br />property of Grantor, as depicted and described, the real property of Grantor located in the City of
<br />Centerville, Anoka County, Minnesota, as depicted. and described on Exhibit B hereto (the "Property"),
<br />with the right of access to the Easement Area from adjacent lands of Grantor for all activities in connection
<br />with the lawful purposes for which this Easement has been ranted. Said Easement includes the rights of
<br />the City, its contractors, agents, servants, and assigns, to enter upon the Easement Area at all reasonable
<br />times to construct, install, reconstruct, inspect, repair, and maintain the drainage, utilities, sidewalk, trails,
<br />and roadway improvements, over, across, on, under, and through the Easement Area, together with the right
<br />to grade, level, fill, drain and excavate the Easement Area, and the further right to remove trees, bushes,
<br />undergrowth, and other obstructions interfering with the construction, installation, maintenance, inspection,
<br />of the easement and visibility of the roadway, and granting to the public the right to transit the easement
<br />premises for public purposes.
<br />2. Indemu fication. The above -named Grantor, for himself/herself/itself, his/her/its
<br />successors, heirs, and assigns, does covenant with the City, its successors and assigns, that they are well
<br />seized in fee title of the above -described Basement Area; that they have the sole right to grant and convey the
<br />Easement to the City; that there are no unrecorded interests in the Easement Area except for those currently
<br />of record; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants..
<br />3. Termination. This easement shall be deemed abandoned on the earlier of (a) June 1, 2024,
<br />unless a corridor study conducted by the City or County deems the realignment of Fairview Street is necessary
<br />or (b) on June 1, 2032, unless public improvements for the realignment of Fairview Street are installed
<br />on or before June 1, 2032. Within sixty (60) days of the termination of this Easement, Grantee agrees to
<br />remove its facilities remaining in the Easement Area at its sole cost and expense, subject to the restoration
<br />obligations set forth in this Easement.
<br />4. Successors_ The rights and obligations of the parties hereto touch and concern the land and
<br />are binding upon and benefit the parties' respective heirs, suecessors, and assigns.
<br />5. No Waiver. Neither party's failure to insist on strict performance of any part of this
<br />instrument will be construed as a waiver of the performance in any other instance.
<br />6. Governing Law; Venue. Construction and interpretation of this instrument will be governed
<br />by laws of the state in which the Property is located, excluding any principles of conflicts of laws. Any
<br />dispute arising under, in connection with, or incident to this instrument or about its interpretation will be
<br />resolved exclusively in the state or federal courts located in the county in which the Property is located. Each
<br />of the parties irrevocably submits to those courts' venue and jurisdiction.
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