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TEMPORARY CONSTRUCTION EASEMENT ("Easement") Macy's Retail Holdings, Inc., a New York corporation, successor in interest to the May Department Stores Company ("Grantor"), as the owner of that certain parcel of real estate situated in Ramsey County, Minnesota, and legally described on the attached Exhibit " " A (the ".Grantor Parcel"), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the • " " ty of Roseville, a Minnesota municipal corporation ( City ), and its successors and assigns, a temporary construction easement over, across, on, under, and through a portion of the Grantor " Parcel, which temporary easement area is identified as the Temporary Easement Area" and is legally described in the 'together with' portion of the legal description set forth on the attached Exhibit "B" (the "Ternmra1y Easement Area"). I. Grant of Easement,- Duration, The grant of the foregoing temporary construction easement includes the right of the City, and its contractors, agents, employees, successors and assigns (individually and " " collectively, the QCLity Parties ), to enter upon and use the Temporary Easement Area for, and in connection with the following work (collectively, the "Work"): the construction of a pathway and associated improvements; together with the right to grade, level, fill and drain the Temporary Easement Area; to excavate cuts, culverts, slopes and ditches within the Temporary Easement Area; to import and export soil to and from the Temporary Easement Area; to remove trees, bushes, sod, landscaping, plantings and other obstructions from the Temporary Easement Area; and to perform such other work and use the Temporary Easement Area for such other purposes which are incidental to and/or associated with said pathway construction work. The foregoing temporary construction easement shall commence on the date of the last party to execute this instrument and shall run with the land until October 317 20129 the date on which the temporary construction easement shall automatically terminate. Notwithstanding anything contained herein to the contrary, the parties agree that no work shall be performed by the City Parties on the Temporary Easement Area pursuant to this Easement during the period from November 1, 2011 through January 15, 2012 without the ' Grantors prior written consent. 2, Standard of Care. Page 1 of 6