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G.28 <br />DECOMMISSIONING FUND AGREEMENT <br />This Decommissioning Fund Agreement (this "Agreement") is made as of December <br />2018 by and between The City of Hugo, a municipal corporation, with an address of 14669 <br />Fitzgerald Avenue North, Hugo, Minnesota 55036 ("City"), FastSun 4, LLC, a Minnesota limited <br />liability company and its successors and assigns c/o FastSun Solar, LLC, 102 Greenwich Avenue, <br />3rd Floor, Greenwich, Connecticut 06830 (collectively, "Project Company"). Each of City and <br />Project Company may be referred to as a "Party" and they may be collectively referred to as "the <br />Parties." <br />Recitals <br />A. The Project Company is the fee owner of real property and certain improvements <br />for the installation, construction and operation of a 1-Megawatt AC community <br />solar garden energy facility (the "Solar Garden") to be located at 7260 165th Street <br />N, Hugo, Minnesota There is not an address for the property yet, we will set that <br />with the building permit. (the "Property"); <br />B. The City has adopted Resolution 2018-32 "Approving an Interim Use Permit to <br />Allow a Solar Farm on Property Located North of 165th Street North and West of <br />Henna Avenue North" approving the Project Company's construction and <br />operation of a Solar Garden for a term of twenty-five (25) years from the date a <br />building permit is issued by the City for the Solar Garden. The Interim Use Permit <br />is dated October 1, 2018 and is attached hereto as Exhibit A (the "Interim Use <br />Permit"); <br />C. Exhibit D of the Interim Use Permit sets forth the decommissioning plan (the <br />"Decommissioning Plan"), (attached as Exhibit B), for the Project Company's <br />removal of the Solar Garden from the Property on the earlier of (1) the end of the <br />Solar Garden's useful life, (2) the Solar Garden's failure to operate for twelve (12) <br />consecutive months and is deemed abandoned upon notice by the City to the Project <br />Company, or (3) the Project Company or its successors, fails to fully remove the <br />Solar Garden from the Property and restore the property to the condition as <br />described in the Opening Statement of the Decommission Plan upon expiration of <br />the Interim Use Permit; <br />D. In the event the Project Company fails to comply with the Decommissioning Plan <br />it is a condition of the Interim Use Permit that the Project Company grant the City <br />an access easement to and over the Project Company Property in order to allow the <br />City to remove the Solar Garden and all of its components (the "System <br />Removal"); <br />1 <br />