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described on attached Exhibit A as “Turbine Easement Area” <br />(the “Turbine Easement Area”). In connection with the Wind <br />Turbine Easement, the City hereby grants to MMPA the <br />exclusive right to use the Property for Wind Energy <br />Purposes and to derive all profits therefrom. For purposes of <br />this Agreement, “Wind Energy Purposes” means capturing <br />and converting wind energy into electrical energy, and <br />collecting and transmitting the electrical energy so <br />converted, together with any and all activities related thereto. <br />Subject to the reserved rights of the City, MMPA shall have <br />the right to expose the Turbine to the winds flowing across <br />the Property. For the purposes of compliance with Minn. <br />Stat. Section 500.30, the area upon which MMPA may use <br />the Property for Wind Energy Purposes is the entire area of <br />the Property vertically above the surface thereof (assuming it <br />to be a horizontal plane) 90 degrees and horizontally 360 <br />degrees, excluding those areas occupied by those <br />improvements, structures, trees and other obstructions that <br />are currently located on the Property or that the City is <br />permitted to construct, plant or maintain on the Property <br />pursuant to this Agreement. <br /> <br />1.2. Construction, Maintenance, and Repair: MMPA shall have <br />the exclusive right to construct, operate, maintain and repair <br />the Turbine throughout the term of this Agreement and any <br />extensions thereto. The Turbine will consist of a tubular <br />galvanized steel tower approximately 120 feet high, including <br />related foundations, electrical distribution and <br />interconnection facilities, and related facilities (the “Wind <br />Energy Facilities”). <br /> <br />1.3. Access and Utility Easement: MMPA is granted a non- <br />exclusive easement (the “Access and Utility Easement”) for <br />utilities and for ingress and egress over and across that <br />portion of the Property legally described on attached <br />Exhibit A as “Access and Utility Easement” (the "Access and <br />Utility Easement Area") including the right to move <br />construction equipment, including cranes and other vehicles, <br />across the Access and Utility Easement Area as reasonably <br />necessary to construct, maintain, monitor, repair, and/or <br />remove the Wind Energy Facilities. The Access and Utility <br />Easement Area shall be improved by MMPA with a driveway <br />approved by the City and suitable for these construction, <br />maintenance and removal activities. <br /> <br />2 <br /> <br />Doc# 3047489\\2 <br />154644225.1 <br /> <br />