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(c) The parties acknowledge that there are 6 existing <br />trees just outside the eastern edge of the Easement <br />Areas that are expected to reach or exceed 50 to 70 <br />feet at maturity, and agree that these existing trees <br />will not have to be removed or relocated by City. <br />MMPA shall have the right to relocate these trees to a <br />location approved by City, on condition that MMPA <br />replace these 6 trees with 8 or 9 Birch or Linden trees <br />in the location of the existing 6 trees. <br />2.4. Soil Conditions and Maintenance. The City shall maintain all <br />grass or other landscaping on the Property, including within <br />the Easement Areas. MMPA shall have no responsibility <br />regarding such matters as soil condition, weed control, or <br />grass maintenance, but shall be responsible for installing <br />and maintaining an appropriate driveway, as approved by <br />the City, within the Access and Utility Easement Area. <br /> <br />3. Term. The Term of this Agreement shall commence on the <br />effective date and continue thereafter for a 30-year period, ending <br />th <br />on the thirtieth (30) anniversary of the Effective Date. The <br />Agreement may be extended by MMPA, at its option, beyond said <br />Term for up to five additional five year periods. This right to extend <br />may be exercised by delivery of a written request for such <br />extension at least ninety days prior to the expiration of this <br />Agreement or any then existing extension thereof. <br /> <br />4. Payment. In consideration for the rights granted hereunder, MMPA <br />will make a payment of $20,000 (“Payment”) to the City within 90 <br />days of the Effective Date. The City shall reimburse ERMU in the <br />amount of $7,757.06 for ERMU costs related to installation and <br />connection of the wind turbine and the wind turbine distribution <br />transformers to the ERMU distribution system. The balance <br />Payment shall go to the City as consideration for the rights granted <br />in this Agreement. <br /> <br />4.1. Making, Monitoring, and Maintaining Connection. The City, <br />through ERMU, hereby agrees to accept all responsibility for <br />making, monitoring, and maintaining the connection between <br />the wind turbine transformer and the local electrical <br />distribution system. <br /> <br />4.2. No Other Payments. No other payments or rent will be paid <br />by MMPA to the City or any other party during the term of <br />this Agreement. <br /> <br />4 <br /> <br />Doc# 3047489\\2 <br />154644225.1 <br /> <br />