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LICENSE AGREEMENT <br />THIS LICENSE AGREEMENT ("Agreement") is made this 8th day of <br />August , 2011, by and between The CITY OF ELK RIVER, MINNESOTA , a <br />Minnesota Municipal Corporation ("Licensor") and Harvest Reaper <br />a Minnesota Limited Liability Corporation ("Licensee"). <br />RECITALS <br />A. Licensor is the owner of that portion of the dedicated right of way of Quinn <br />Avenue described on Exhibit A attached hereto and located in the City of Elk River, County of <br />Sherburne, State of Minnesota (the "License Area"). <br />B. Licensee has requested Licensor to grant a license to Licensee to use the License <br />Area for the limited purposes set forth in this Agreement. <br />C. The License Area is not presently needed by Licensor for public travel purposes, <br />but does contain certain public utilities to which Licensee requires 24 hours per day, 7 days per <br />week access. <br />D. Licensor agrees to grant Licensee the right to use the License Area for limited <br />purposes, upon the terms and conditions of this Agreement. <br />NOW, THEREFORE, in consideration of the Recitals and the agreements contained <br />herein, Licensor and Licensee agree as follows: <br />1. License. Licensor hereby grants to Licensee, subject to the terms and conditions <br />of this Agreement, anon-exclusive license (the "License") to use the License Area. <br />2. No Interest in License Area. Licensee acknowledges and agrees that this <br />Agreement does not grant Licensee any estate or other interest in the License Area or any part <br />thereof, except the License expressly described herein. <br />3. License Fee. In consideration for Licensor's grant of the License to Licensee, <br />Licensee shall pay an annual License Fee ("License Fee") to Licensor of $ 300.00. The initial <br />License Fee shall be payable upon execution of this Agreement. Thereafter, the License Fee <br />shall be payable on December 31St of each year for the following year. The License shall <br />automatically terminate on January 1St if the License Fee is not received by Licensor on the <br />preceding December 31St <br />4. Permitted Uses. The License Area may be used by Licensee solely for the <br />purposes of traveling to and across the License Area and for parking operable vehicles. Under <br />no circumstances, at any time, shall Licensee place any temporary or permanent structures on the <br />License Area. Nor shall Licensee do any excavation or other improvements to the License Area <br />without the prior written approval of Licensor. Licensee may fence and gate the License Area, <br />