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3. A fally ex'ecuted Declaration M' the form attached to this <br />Agreement as Attachment I, such Declaration recorded or to be promptly <br />recorded with the appropriate governmental office, and a copy of such <br />recorded Declaration to be delivered to the Council and Minnesota <br />Management and Budget. <br />X. It -shall fumish such satisfactory evidence regarding the representations <br />znd warranties described herein as may be required and requested by either the <br />Council or the Cornmissioner of M U-B-11 <br />WE <br />A. A Real Property/Facility casement must comply with the following <br />Provisions. <br />1 . The Grantee is the grantee of easement and the easement creates <br />the ftmetional equivalency of fee ownership for the length of its term. <br />2. It must be permanent for a term that is equal to or greater than <br />125% of the Useful Life of the Real Property and Facility, or such other <br />r!,eriod of time specifically authorized by a Minnesota statute, rule or session <br />law. <br />3. It must not contain any requirements or obligations of the Grante-V <br />4 <br />that if not complied with could result termination thereof <br />a A <br />4. It must contain a provision that provides sufficient authority to <br />allow the Grantee to operate the Real Property and Facility in accordance with <br />-the requirements imposed under Section 2.04. <br />5. It must not contain any provisions that would limit or impair thff <br />Grantee's operation of the Real Property and Facility in accordance with the <br />cequirements imposed under Section <br />6. It must allow for a transfer thereof 'in the event that the grantei <br />under the casement makes the necessary determination to sell its interest <br />therein', and allow such interest to be transferred to the purchaser of such <br />P <br />ri-terest. <br />B. The provisions contained in this Section are not 'Intended to and shall not <br />prevent the Grantee from including additional provisions in the easement that are <br />not inconsistent with or contrary to the requirements contained in this Section. <br />C. The Gmtee shall fully and completely comply with all of the terms, <br />conditions and provisions contained in the casement, -and shall file the easement in <br />the Office of the County Recorder or the Registrar of Titles. <br />IR <br />