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Developer shall dedicate to the City an easement for street purposed including but not limited to <br />construction and maintenance of utilities over and across Outlot C. Developer shall convey <br />Outlot D to Gail Acosta and shall pay all costs incurred in recording said conveyance. <br />38. The Developer shall construct a monument sign at the entry area and shall <br />construct and maintain entry area landscaping as well as landscaping of' the pond /circle area. In <br />addition, the Developer shall install an irrigation system to maintain the entry area landscaping <br />as well as the landscaping of the pond /circle area. <br />39. The Developer shall prepare a declaration creating a non - profit association for the <br />purpose of maintaining all entry monuments and associated landscaping as well as pond /circle <br />landscaping and irrigation facilities installed to maintain said landscaping. All lots in the <br />development shall be bound by the Declaration and the owners of said lots shall be members of <br />the Association. The Declaration shall provide for annual assessments to maintain the <br />landscaping described above and a special assessment to repair or replace any landscaping or <br />equipment which the City, at the City's sole discretion, requires to be replaced. The Declaration <br />shall be reviewed and approved by the City. The City could negate this provision by creating of <br />a special service district following the procedures described in Minnesota Statutes. The City will <br />not use this provision without the consent of the Developer. <br />40. Each deed conveying title to a lot located in the development shall contain the <br />following covenant: "Grantee hereby acknowledges that Outlot C, Pinetree Ponds has been <br />dedicated to the City of Little Canada for the purpose of aiding in the development of the rear <br />portions of 2971, 2981, and 3001 Labore Road including the construction of future roads, <br />grading, drainage, water mains, sanitary sewer and other utility services. That by accepting this <br />deed, the Grantee hereby waives any right to object to future improvement of those properties <br />and the use of Outlot C to facilitate same." <br />1-813- <br />