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374122 SJR MU210-5 1 ACCESS LICENSE AGREEMENT THIS ACCESS LICENSE AGREEMENT ("Agreement") is made and entered into as of this ______ day of _________________, 2010, by and between the City of Mounds View, Minnesota, a Minnesota municipal corporation ("City"), FAC Holdings, LLC, a Minnesota limited liability company ("FAC”) and Dell-Comm, Inc., a Minnesota corporation (“Dell- Comm”). RECITALS WHEREAS, City is the owner of the real property described in Exhibit A which is attached hereto and incorporated herein by this reference (the "City Parcel"); WHEREAS, FAC is the owner of the real property described in Exhibit B which is attached hereto and incorporated herein by this reference (the "FAC Parcel"); and WHEREAS, FAC has leased to Dell-Comm, Inc. (“Dell-Comm”), certain rights to the FAC Parcel; and WHEREAS, Dell-Comm and the City have entered into a Lease for the City Parcel dated the ____ day of ______________, 2010 (“City/Dell-Comm Lease”) for a term of three (3) years commencing on January 1, 2010 and ending on December 31, 2012, which may be automatically extended pursuant to the City/Dell-Comm Lease (“Term”); and WHEREAS, in consideration of the City/Dell-Comm Lease, and so long as the City/Dell- Comm Lease is in full force and effect, FAC and Dell-Com have agreed to provide a license to the City over and across the FAC Parcel during the Term of the City/Dell-Comm Lease in order to facilitate more convenient access to and further the use and enjoyment of the City Parcel. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The Recitals set forth above in this Agreement are incorporated into this Agreement as if fully set forth herein. 2. License for Access. So long as the City/Dell-Comm Lease is in full force and effect, FAC hereby grants and conveys to the City a permanent non-exclusive license for vehicular and pedestrian traffic over and across that portion of the FAC Parcel as may now or in the future exist for use as a driveway, parking area(s), and pedestrian walkways and/or sidewalks, as depicted in the cross-hatched area in Exhibit C, which is attached hereto and incorporated herein by this reference (the "FAC License Area") and Dell-Comm hereby consents to the same. The purpose of such license for access is to provide the City and its officers, representatives, employees, agents, guests, invitees, customers, tenants, and successors (collectively "Permittees") ingress and egress over and along the FAC License Area and Dell- Comm’s premises to access the City Parcel.