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<br />EXHIBIT B
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<br />WATER PONDING, FLOWAGE AND DRAINAGE EASEMENT
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<br />Seller reserves and retains a perpetual and non-exclusive Water Ponding. Flowage and Drainage
<br />Easement over, under and across the following described portion of the Property ("Ponding Easement
<br />Property") for the storage, holding, drainage and flowage of water to be released by Seller at any time and
<br />in such quantities as Seller may in its sole discretion determine from time to 1imeY--_______________________.------
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<br />llIId lD be as proWled by Prapmty Survey
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<br />[Description of easement, proposed to be approximately .t'x~1:.Y_(?QH~~_!'.!!~!!~~~_h'?~_________.
<br />Water Level.lJ}d tp ~_~s..R.roY..i..~~_~1_~C?~~~~.JJ_______________________________________________________ -
<br />........-...-
<br />1'_______________n________u____________________________________________________________________________________________________________....
<br />This retained easement is for benefit of Seller in its lawful management ofCenterville Lake water levels. .... '.
<br />Neither the Buyer, nor any other person, shall use or schedule the use of the Property for any purpose .....
<br />inconsistent with the release of water onto the Ponding Easement Property. "1 Deleted:"
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<br />The foregoing restrictions and rights shall be binding upon and inure to the benefit of Seller and Buyer,
<br />and to their successors and assigns, and shall run with the land.
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<br />Buyer, its succ:essors and assigns shall fully indemnjfy, defend, and save harmless the Board of Water
<br />Commissioners of the City of Saint Paul, its officers, agents, employees, and servants, and also the City
<br />of Saint Paul, its officers, agents, employees, and servants, from all suits, actions or claims which shall
<br />arise from any injuries or damages received or sustained by Seller's release of water onto the Ponding
<br />Easement Property, or arising out of or resulting from any action or negligence of Seller, its employees,
<br />agents or, business invitees.
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<br />In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth
<br />above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin
<br />any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary
<br />damages caused by such violation or at'tempted violation. It is acknowledged and agreed by Buyer that
<br />Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without need
<br />for a bond or security, and that specific performance is an appropriate remedy and that Seller does not
<br />have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No
<br />delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or
<br />waive the right to enforce the same, or to obtain relief against or recover for the con1inuation or repetition
<br />of such breach or violation or any similar breach or violation thereof at any later time or times.
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<br />In the event suit is brought by Seller to enforce the restrictive co~ts or easement provisions, or if suit
<br />is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs,
<br />including reasonable attorneys' fees incurred in connection with such suit
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