06-27-2018 Council Packet - final

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2 Site: MINC CRAIG’S LIST BUN: 830671 4846-5132-9375.5101460\003078 event, Grantor agrees to execute and deliver an amendment to the Easement including a final survey and final metes and bounds description of the New Access Easement, together with any other documents necessary to grant and record Crown’s interest in the New Access Easement as located. (b) Upon completion of construction of the New Access Road, Grantee’s rights over the Initial Right of Way as set forth in this Section 2 shall terminate and thereafter, Grantee shall have a non-exclusive, perpetual right-of-way for ingress and egress, seven (7) days per week, twenty-four (24) hours per day, on foot or motor vehicle, including trucks, over the New Access Easement, together with the right to install, replace and maintain utility wires, poles, cables, conduits and pipes thereon. Thereafter, the “Easement Area” shall be deemed to include the New Access Easement, unless stated to the contrary herein. (c) In the event Lessee is unable, or any public utility is unable or unwilling, to use the above-described utility easement or New Access Easement for utility purposes, Grantor hereby agrees to grant an additional, non-exclusive right-of-way, in form satisfactory to Grantee, to Grantee or at Grantee’s request, directly to a public utility, at no cost and in a location acceptable to Grantee (the “Additional Access Easement”). For any such Additional Access Easement to be effective, such easement shall be recorded among the Public Records of Ramsey County, Minnesota. 3. Assignment of Lease Agreement. The parties hereby acknowledge that certain Land Lease Agreement dated February 16, 2015, by and between Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, as lessee (“Lessee”), and Grantor, as lessor (the “Lease Agreement”). A memorandum of the Lease Agreement was recorded on March 6, 2015 in Document No. T02524790 (with the Ramsey County Registrar of Titles) and on March 18, 2015 in Document No. A04547925 (with the Ramsey County Recorder). As used herein, the term “Lease Agreement” shall include any amendments or addendums to said agreement. Grantor warrants that Grantor has delivered to Grantee true and correct copies of the Lease Agreement. To Grantor’s best knowledge, no party to the Lease Agreement has breached or is in default of their respective obligations under the Lease Agreement and no party has requested or discussed a modification of the Lease Agreement (including a reduction in rent) or termination now or in the future. Grantor hereby assigns to Grantee Grantor’s right, title and interest in the Lease Agreement, including but not limited to (a) all rents, security deposits and other monies due or to become due to Grantor pursuant to the Lease Agreement (b) the right to amend any and all terms of the Lease Agreement (c) the right to extend the length of the term of the Lease Agreement; and (d) the right to increase the size of the area subject to the Lease Agreement so long as any such expansion is within the Easement Area. Grantee assumes the obligations and liabilities of Grantor, as lessor under the Lease Agreement accruing after the date of this Easement, but only to the extent that such obligations and liabilities are not the responsibility of Grantor pursuant to the terms of this Easement. 4. Grantor’s Obligations with Respect to the Lease Agreement. From and after the date hereof and continuing until this Easement is terminated (if ever), Grantor shall not, other than to the extent required herein or requested in writing by Grantee, exercise or enjoy any of the rights