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Attachment C
<br />to the City a roadway easement over and across a portion of the Property (including the Private
<br />Road) for the purposes set forth in this instrument, and RIP is willing to do so, subject to the terms
<br />and conditions more fully set forth below.
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<br />WITNESSETH
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<br />NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
<br />acknowledged, RIP hereby grants to the City the Access Easement described below, subject to the terms
<br />and conditions set forth below.
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<br />1. Access Easement. RIP hereby grants to the City a perpetual, non-exclusive roadway easement
<br />(the "Access Easement") over and across the easement area depicted and legally described on
<br />Exhibit A attached hereto (the “Access Easement Area”), including the Private Road and other
<br />private roadways now or hereafter constructed by RIP within such Access Easement Area, as the
<br />same may be subsequently reconstructed, altered, or replaced (collectively, the “Private
<br />Roadways”). Notwithstanding anything in this Easement Agreement to the contrary, the Access
<br />Easement Area and Private Roadways will not become a public street nor be used by the City until
<br />the Conditions in paragraph 8 of the PIC have been met and the City accepts the Access Easement
<br />and Private Roadways as a public street. Upon such acceptance by the City, the Private Roadways
<br />will become a public street and the City shall be responsible for all maintenance and repair of the
<br />same. RIP agrees that no future consideration shall be required from the City for the Access
<br />Easement over the Access Easement Area or Private Roadways.
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<br />2. Reservation of Rights. Notwithstanding the foregoing grant of Access Easement, RIP hereby
<br />reserves unto itself and its successors and assigns, and their respective employees, agents,
<br />contractors, agents, suppliers, tenants, customers, guests and invitees, the right to use and enjoy
<br />the Access Easement Area and Private Roadways for all lawful purposes, including without
<br />limitation, ingress, egress, access and utilities, including the right to construct, operate, maintain,
<br />repair, alter and replace paving, curbing, and other roadway improvements, utilities, traffic signage,
<br />lighting and landscaping.
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<br />3. Miscellaneous. This Easement Agreement shall run with the land and RIP shall, at its expense,
<br />record this Easement Agreement with the Office of the County Recorder, Ramsey County,
<br />Minnesota. The terms and conditions of this Agreement shall inure to the benefit of and shall be
<br />binding upon the parties hereto, and their respective successors and assigns; provided, however,
<br />the Access Easement granted herein is personal to the City and may not be conveyed, transferred
<br />or assigned without the prior written consent of RIP. This Easement Agreement shall be construed
<br />under and enforced in accordance with the laws of the State of Minnesota.
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<br />(signatures follow on next page)
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