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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.
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