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MEMORIAL SITE EASEMENT AGREEMENT <br />Ramsey Rotary and the City of Ramsey <br />This agreement (this "Agreement ") is entered into between the City of Ramsey, MN, a <br />Minnesota Municipal Corporation (the "City" and sometimes "Grantor "), and the Ramsey Rotary <br />Club, a Rotary Club sanctioned by Rotary International and designated as Rotary Club No. <br />in District 5960, (the "Rotary Club" of sometimes "Grantee "). <br />FOR AND IN CONSIDERATION of the mutual undertakings set out, the parties agree as <br />follows: <br />1. Park Area. Whereas, the Rotary Club desires to erect a memorial structure, at <br />its expense in that City Park known as The Draw (the "Park ") and located within the Park as <br />shown on attached Exhibit A (the "Easement Area ") which exhibit is incorporated herein by <br />reference; and <br />2. City's Memorial Policy. Whereas, the City has by its Resolution #09-04 -075 <br />adopted a policy for accepting Park Donations, Monuments, Memorials and other Improvements, <br />which policy is attached hereto as Exhibit B and incorporated herein by reference; and <br />3. City's Memorial Maintenance Policy. Whereas, the City by its said Resolution <br />#09 -04 -075 has also adopted a policy for the maintenance of Park Donations, Monuments, <br />Memorials and other Improvements ( "Maintenance Agreement ") which Maintenance Agreement <br />is attached hereto as Exhibit C and incorporated herein by reference; and <br />4. Appropriate Site. Whereas, the City finds that the proposed memorial structure <br />is an appropriate memorial within a City park; and <br />5. Project. Whereas, the Rotary Club's proposed memorial consists of a garden <br />area, sculpture, flag pole and appropriate supporting structure and memorial brick pavers, <br />modifications to the existing irrigation system and restoration with sod or seed all within the <br />Easement Area (the "Project "); and <br />6. Brick Pavers Sale. Whereas, the Rotary Club proposes to sell the brick pavers as <br />a fund raiser to defray the cost of the memorial construction; and <br />7. Park Grading. Whereas, the Project requires certain earth work and grading <br />within the Easement Area prior to its construction; and <br />8. City Maintenance. Whereas, the City maintains the Park including the Easement <br />Area, and will continue to do so except as specifically excepted herein; and <br />9. Project Lighting. Whereas, the Project requires certain specialized illuminating <br />fixtures which are considered a part of the Project; and <br />1 <br />