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<br />1.4. Fencing: Unless subsequently approved in writing by the <br />City, no fence shall be installed around or within the Turbine <br />Easement Area or the Access and Utility Easement Area. <br /> <br />1.5. Benefits and Term: The Easements granted by the City to <br />MMPA in this Agreement shall remain in effect for the entire <br />term of this Agreement and any extensions thereto and shall <br />run with the land. <br /> <br />1.6. Right to Record: The City and MMPA agree that MMPA has <br />the ongoing and continuous right to record this Agreement or <br />a Memorandum of Easement evidencing this Agreement, at <br />MMPA’s sole discretion, in the public records of Sherburne <br />County, Minnesota. The City agrees to execute such <br />documents as may be necessary to accomplish such <br />recordation. <br /> <br />2. Use of Easement Areas by the City. The Easement Areas are <br />located within the City’s Youth Athletic Complex (“YAC”) and the <br />City retains the right to use the Easement Areas for activities <br />related to the YAC, in accordance with and subject to the following <br />terms: <br /> <br />2.1. No Interference with Wind Energy Facilities. Such usage <br />shall not in any way interfere with the Wind Energy Facilities, <br />or the maintenance, monitoring, operation, or repair of such <br />facilities. <br /> <br />2.2. No Items Near Turbine. No structures, fences, landscaping <br />items (other than grass or turf), trees, or other items shall be <br />built, installed, or planted within the Easement Areas without <br />the prior written consent of MMPA, which may be granted or <br />withheld in MMPA’s sole discretion. <br /> <br />2.3. Structure and Tree Limitation. During the term of the <br />Easements, the City shall not: <br /> <br />(a) Construct, or allow the construction of, any structure <br />taller than 20 feet within one hundred fifty (150) feet of <br />the base of the Turbine. <br />(b) Plant any tree that will have a mature height of 30 feet <br />or more within one fifty hundred (150) feet of the base <br />of the Turbine. <br />3 <br /> <br />Doc# 3047489\\2 <br />154644225.4 <br /> <br />