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RIGHT OF ENTRY <br />TEMPORARY EASEMENT TO CONSTRUCT BRIDGE <br />Old Crustal Bay Road North <br />Street Improvement Project <br />This Agreement made this _ day of , 1993, between VCI Capital, Inc., a <br />Minnesota corporation, its successors and assigns (hereinafter "Owner"), and the City of <br />Orono, a Minnesota municipal corporation (hereinafter "City"). <br />1. Right to Construct Road and Bridte. The Owner hereby grants the City, its <br />successors and assigns, the temporary right and easement over, under, across and through the <br />real property located in Hennepin County, Minnesota, legally described in the attached <br />Exhibit A which is made a part of this document (hereinafter "Property"), for the City to use <br />and occupy the Property for the purposes stated herein, including but not limited to, the <br />accommodation of equipment, tools, materials and excavated earth, at all times prior to June <br />30, 1995. This easement includes the free right of the City, its contractors, agents and <br />employees to enter over, under, upon and through the Property at all times prior to June 30, <br />1995, for the purpose of facilitating the installation and construction of the public road and <br />bridge on the land abutting and/or adjacent to the Property. This easement includes the right, <br />with respect to the Property to: (1) excavate, fill and grade soil thereon, to remove trees, <br />bushes, grass, and other structures which interfere with construction; (2) operate machinery <br />and equipment on and over the Property, to store machinery, equipment, materials and <br />supplies on the Property in connection with the construction of the public improvements; and <br />(3) do what is necessary, useful or convenient for the enjoyment of the easement as granted <br />herein. Following construction, the City will remove all machinery, equipment, materials, <br />supplies and debris, return the Property to grade, replace the existing fence at a location on or <br />near the Property acceptable to Owner, replace the surface soil with the original type of <br />material, seed the Property, and leave the Property in a neat and presentable manner. <br />2. Agreement 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 Property, that it has legal title to the Property and has lawful right and authority, <br />without restriction, to convey and grant the right of entry and temporary easement as granted <br />in this Agreement, subject only to the consent of any party having a record interest in the <br />Property. <br />357/2201796111/30/93 <br />CITY OF ORONO <br />: <br />1.9 <br />