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<br /> <br />MMPA HOMETOWN WIND PROJECT <br />WIND ENERGY EASEMENT AGREEMENT <br /> <br />City of Elk River <br /> <br /> This Wind Energy Easement Agreement (“Agreement”) is made effective <br />_________________, 2020, by and between Minnesota Municipal Power Agency <br />(“MMPA”), and the City of Elk River, Minnesota (“City”). The City and MMPA are <br />sometimes referred to in this Agreement as a “Party” or collectively “the Parties.” <br /> <br />RECITALS: <br /> <br />WHEREAS, MMPA is a municipal power agency, formed pursuant to <br />Minn. Stat. § 453.01- 453.62, as amended, and <br /> <br />WHEREAS, the City, through Elk River Municipal Utilities (“ERMU”), is a <br />member of MMPA; and <br /> <br />WHEREAS, MMPA is developing a wind energy project, known as the <br />“MMPA Hometown Wind Project,” involving the installation of one wind turbine in <br />or near the city limits of each of its twelve member cities; and <br /> <br />WHEREAS, MMPA and the City have selected a location at the City’s <br />Youth Athletic Complex, a property legally described as Outlot A, Parkview <br />Addition, Sherburne County, Minnesota (the “Property”) for a wind turbine; and <br /> <br />WHEREAS, the City has agreed to grant to MMPA a Wind Turbine <br />Easement and an Access and Utility Easement over those portions of the <br />Property legally described on Exhibit A attached hereto, subject to the following <br />terms and conditions. <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, in consideration of the foregoing and other good and <br />valuable consideration, the receipt of which is hereby acknowledged, the parties <br />hereby agree as follows: <br /> <br />1. Grant of Easements. The City hereby grants and conveys to <br />MMPA the following easements “(the “Easements”) over and under <br />the easement areas (“Easement Areas”) described on Exhibit A <br />attached hereto: <br /> <br />1.1. Wind Turbine Easement: MMPA is granted an easement <br />(the "Wind Turbine Easement") for the purpose of installing <br />and operating a single wind turbine (the “Turbine”) upon, <br />over, under and across that portion of the Property legally <br /> <br />Doc# 3047489\\2 <br />154644225.4 <br /> <br />