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• <br /> MUTUAL DRIVEWAY EASEMENT AGREEMENT <br /> THIS MUTUAL DRIVEWAY EASEMENT AGREEMENT ("Agreement") is made <br /> October , 2005, by O'Brien Holdings, LLC, a Minnesota limited liability company <br /> ("O'Brien") and The Economic Development Authority of the City of Elk River, a body <br /> corporate and politic organized pursuant to Minnesota Statutes, Section 469.090 to 469.1082 <br /> ("EDA"). <br /> RECITALS <br /> A. O'Brien is the fee owner of real property located in Sherburne County, <br /> Minnesota, and legally described as Lot 2, Block 1, Northstar Business Park (the "O'Brien <br /> • Property"). <br /> B. EDA is the fee owner of real property located in Sherburne County, Minnesota, <br /> and legally described as Lot 1, Block 1,Northstar Business Park(the "EDA Property"). <br /> C. The O'Brien Property and the EDA Property are contiguous parcels of property. <br /> D. O'Brien and EDA desire to create a mutual driveway easement to benefit the <br /> O'Brien Property and the EDA Property and to provide the terms for the construction, <br /> maintenance, care and upkeep of the driveway. <br /> NOW, THEREFORE, for good and valuable consideration, the receipt of which is <br /> hereby acknowledged, O'Brien and EDA agree as follows: <br /> 1. Incorporation of Recitals. The Recitals stated above are incorporated herein by <br /> reference. <br /> 2. Definition. As used herein, the term the "Easement Area" shall mean the real <br /> property that is located on a portion of the O'Brien Property and a portion of the EDA Property <br /> and which is legally described on Exhibit A attached hereto. The Easement Area is depicted on <br /> Exhibit B attached hereto. <br /> • <br /> 1821372v2 <br />