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201903179 TEMPORARY CONSTRUCTION EASEMENT AND PERPETUAL MAINTENANCE EASEMENT This TEMPORARY CONSTRUCTION EASEMENT AND PERPETUAL MAINTENANCE EASEMENT (this "Agreement") is made effective this 2 day of t.4 r► e - , 2019, by and between the CITY OF GRAND ISLAND, a Nebraska municipal corporation ("Grantor") and MENARD, INC., a Wisconsin corporation ("Grantee"), whose principal place of business is located at 5101 Menard Drive, Eau Claire, WI 54703. WHEREAS, Grantor is the owner of that certain real property located in the City of Grand Island, Hall County, Nebraska, legally described on Exhibit A attached hereto (the "Grantor Property"); WHEREAS, Grantee is the owner of that certain real property located in the City of Grand Island, Hall County, Nebraska, legally described on Exhibit B attached hereto (the "Grantee Property"); WHEREAS, Grantor has agreed to grant to Grantee (i) a temporary easement for activities related to the construction and development of certain improvements on the Grantee Property and (ii) a permanent easement for the ongoing maintenance of such improvements, over a certain portion of the Grantor Property, which portion is depicted on Exhibit C attached hereto (the "Easement Area"); and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and Grantee agree as follows: 1. Grant of Temporary Construction Easement. Grantor hereby grants to Grantee and Grantee's employees, agents, consultants, and contractors a non-exclusive easement over, upon, across, within and under the Easement Area for purposes of making cuts, fills and grading, planting grass seed or sod, providing working room, and implementing all other reasonable construction items for the construction of the improvements to be constructed on the Grantee Property, together with the right of ingress and egress over and through adjoining land as may be reasonably necessary to access the Easement Area (the "Construction Easement"). The easement rights conveyed hereby shall be exercised in accordance with all applicable laws. a. Termination of Construction Easement. The Construction Easement shall terminate at the expiration of thirty (30) days following the completion of construction by Grantee of the yard expansion improvements. 2. Grant of Permanent Maintenance Easement. Grantor hereby grants to Grantee and Grantee's employees, agents, consultants, and contractors a non-exclusive easement over, upon, across, within and under the Easement Area for purposes of continuing maintenance of the improvements constructed on the Grantee Property together with the right of ingress and egress