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TEMPORARY RIGHT OF ENTRY AND <br />EASEMENT TO CONSTRUCT TRAIL <br />This Agreement, made this../ day of O �vl , 1996, between VCI CAPITAL, <br />INC., f/k/a Van Dale Companies, Inc., f/k/a VEDA, Inc., a Minnesota corporation, <br />("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). <br />1. Richt to Construct Trail. The Owner hereby grants the City, its successors <br />and assigns, the temporary, non-exclusive right and easement over, under, across and through <br />the real property located in Hennepin County, Minnesota, legally described in the attached <br />Exhibit A which is made a part of this document (hereinafter "Temporary Easement <br />Area"), for the City to use and occupy the Temporary Easement Area for the purposes stated <br />herein, including but not limited to, the accommodation of equipment, tools, materials and <br />excavated earth, at all times prior to September 30, 1997. This easement includes the free <br />right of the City, its contractors, agents and employees to enter over, under, upon and through <br />the Temporary Easement Area at all times prior to September 30, 1997, for the purpose of <br />facilitating the installation and construction of a biking and hiking trail system and all <br />appurtenances thereto, including, without limitation, signage (hereinafter referred to as "Public <br />Improvement"). This easement includes the right, with respect to the Temporary Easement <br />Area to excavate, fill and grade soil in the Temporary Easement Area; to remove grass which <br />interferes with construction of the Public Improvement; to operate machinery and equipment <br />on and over the Temporary Easement Area; to store machinery, equipment, materials and <br />supplies on the Temporary Easement Area; and to do what is necessary, usefull or convenient <br />for the construction of the Public Improvement. <br />2. Aereement Documents. This Agreement consists of this Agreement and <br />Exhibit A. <br />3. Covenant of Ownership. The Owner covenants that it is the record fee owner <br />of the Temporary Easement Area, that it has legal title to the Temporary Easement Area and <br />has lawful right and authority, without restriction, to convey and grant the right of entry and <br />temporary easement as granted in this Agreement. <br />4. Restoration. After maintenance, repair, reconstruction or construction of the <br />Public Improvement, the City shall remove all machinery, equipment, materials, supplies and <br />debris, and shall return the area it disturbs within the Temporary Easement Area, to grade and <br />replace the surface soil with the original type of material and seed the same. <br />5. Easement Expiration. This easement shall expire without the need for <br />recording further instruments on September 20, 1997. <br />