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273913v3 SJR MU205-30 <br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />AMENDED AND RESTATED EASEMENT AGREEMENT <br /> <br /> <br /> THIS AMENDED AND RESTATED EASEMENT AGREEMENT (the "Agreement") is <br />made as of September __, 2007, by and between the CITY OF MOUNDS VIEW, a Minnesota <br />municipal corporation (the "City"), and MEDTRONIC, INC., a Minnesota corporation <br />("Medtronic"). <br /> <br />RECITALS <br /> <br /> A. The City is the owner of property legally described on the attached Exhibit A (the <br />"Triangle Parcel"). <br /> <br /> B. Medtronic is the owner of property legally described on the attached Exhibit B (the <br />“Medtronic Property”). <br /> <br /> C. Pursuant to the terms of that certain Purchase Agreement and Contract for <br />Development dated as of August 31, 2005 (the “Development Agreement”), Medtronic is required <br />to construct and maintain a fire road (the “Fire Road”) to serve as access to the Medtronic Property <br />for emergency vehicles. <br /> <br /> D. Medtronic desires to use a portion of the Triangle Parcel and the City desires to grant <br />Medtronic the right to use a portion of the Triangle Parcel for the construction of the Fire Road, as <br />depicted on the attached Exhibit C and the maintenance thereof. <br /> <br /> E. Medtronic desires to use a portion of the Triangle Parcel and the City desires to grant <br />Medtronic the right to use a portion of the Triangle Parcel for the construction of an aeration <br />fountain (the "Fountain") in the holding pond (the "Holding Pond") as depicted on the attached <br />Exhibit C and the maintenance thereof. <br /> <br /> F. Pursuant to the Development Agreement, the City has assigned to Medtronic certain <br />lease agreements (the “Leases”) for various billboards that are located on the Medtronic Property <br />(the “Billboards”). <br />