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Rpr 17 2008 7: 13RM Stephen Longman Builders 952-943-8278 p. 3 <br /> temporary easement fox construction and grading and other temporary use$,over,under �, <br /> and across the Temporary Easement Premises (the"Work"). The Grantee shall not have <br /> exclusive use of the Temporary Easement Premises,but the Grantor shall not interfere with <br /> construction grading and other work during the duration of the easement. All access to <br /> the Temporary Easement Premises shall be made from Parcel2, the Hanssen property, <br /> 2. Duration of Temporary Easement. The easement shall be temporary and€or a � <br /> period to and including September 30,2008, at which time all temporary easement rights <br /> of the Grantee shall cease, be null and void and of no effect, subject to th� terms of the <br /> default provisions at paragraph 8 herein. When Work commences, all Work must be <br /> completed before May 23, 2008, June 28; 2008, August 18, 20Q8 ar August 30, 2008. No <br /> Work may be done May 23,2008 to May 26, 2008,June 28,2008 to July 6,2008,August 18, <br /> 2008 to August 21,2008 and August 30,2008 to September 1,2008. No Work shall be done <br /> within the Temporary Basement Premises before 7:00 a.m. or after 6:00 p.m. In aIl events, <br /> once Work is conlmenced it shall be completed within Ten (10) business days, including <br /> all repair and replacement items.The Grantee shall gi.ve one weel�s notice to Grantor prior <br /> to commencement of the Work,preferably by telephone ar voice mail at 952,471.1104. <br /> 3. Repair and Replacement. The Grantee, their contractors and agents shall be � <br /> responsible for all maintenance, repair and/or replacement of the Temporary Easement <br /> Premises inclucling but not limited to reconstruction of the irrigation system,electric dog <br /> fence,other fencing,shrubbery and sod to the condition the Temporary Easement Premises <br /> was in prior to the easern�nt grant (subject to the grading change described at paragraph <br /> �herein). Sod replacement shall be n�w and guaxanteed for one year. The Grantor shall <br /> have no obligation for the cost of such repair, maintenance or replacement (unless the <br /> Grantor fails to care for or maintain the new sod or replaced trees or s ). <br /> � iNS��'or" . AC� <br /> In addition,any tree or shrubbery on Parcell that lies�within ' en(�15)feet of the <br /> � Temporary Easement Premises that dies or fails to prosper for t�ree (3) years after the <br /> Work is completed (other than for atorm damage, pre-existing disease or any event or � <br /> occurrence nther than as a direct result of the actions of Grantee or their agents) shall be <br /> replaced with like kind and size. Such replacement shall take place within thixty(3Q)days <br /> ��! � of writte n tification by Grantor to Grantee, subject to weather conditions. Tf the large <br /> x� � tree just��the Temporary Easement Premises lying on Parcell dies or fails to prosper <br /> �� for three (3)years after the Work is completed (other than for storm damage, pre-exis.ting <br /> disease or any event ox occurrence other than as a direct result of the actions of Grantee or <br /> their agents), Grantee shall pay for the removal cost of the tree plus Five Thousand <br /> ($5,000.00) cash payabie to Grantor. <br /> In addition,Grantee shall replace all existing shrubbery on Parcel2 within two (2) <br /> � feet of the contig�ous property line that was removed as a resulfi of the Work. <br /> In addition,Grantee shall be liable for any damage to occur on Parcell outside the <br />