HomeMy WebLinkAboutMaintenance Agreement - 2016 Schleicher 11913 32nd St N (2) OWNERSHIP AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made this _____ day of _______________, 2016, by and
between the CITY OF LAKE ELMO, a Minnesota municipality (hereinafter “City”), and Matt
Schleicher and Barbara Schleicher, husband and wife, (hereinafter “Owner”) and their successors
in title.
WHEREAS, Owner is the owner of the real property located in the City of Lake Elmo,
Washington County, Minnesota, legally described on the attached Exhibit A (“Property”);
WHEREAS, Owner desires to install a fence (“Fence”) on the Property. Owner and City
intend that Owner shall be responsible for maintaining, repairing and replacing the fence.
WHEREAS, the City has reviewed plans and specifications dated April 2016, prepared
by Midwest Fence (the “Plans and Specifications”) for conformance to City Standards;
NOW, THEREFORE, the parties hereto agree as follows:
1. Owner is authorized by the City to install the Fence in accordance with the Plans
and Specifications.
2. The Fence shall be the sole and exclusive property and responsibility of Owner
and shall not be a public fence whether or not the Fence is located within a publicly dedicated
easement on the Property.
3. Owner shall, at its sole cost, maintain, repair and replace the Fence as needed, and
agrees to indemnify, defend and hold the City harmless from any claims, actions, demands, or
liability, including attorneys’ fees, against it arising out of the Fence.
4. This Agreement shall be governed in all respect by Minnesota law.
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5. This Agreement shall run with the land and be binding on all succeeding owners
of any interest in the property.
6. This Agreement shall be recorded as to the Property in the office of the County
Recorder or Registrar of Titles in and for Washington County, Minnesota.
[SIGNATURES ON FOLLOWING PAGES]
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CITY OF LAKE ELMO
By By
Mike Pearson, Mayor Julie Johnson, City Clerk
STATE OF MINNESOTA ) ) ss.
COUNTY OF WASHINGTON )
On this _____ day of _________________, 2016, before me, a notary public within and for said County and State, personally appeared MIKE PEARSON and JULIE JOHNSON to me personally known, who, being each by me duly sworn did say that they are respectively the
Mayor and City Clerk of the CITY OF LAKE ELMO, by authority of the City Council of the
City of Lake Elmo, and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said City of Lake Elmo.
________________________________________
Notary Public
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By: By:
[Owner] Matthew Schleicher, as husband [Owner] Barbara Schleicher, as wife
of Barbara Schleicher of Matthew Schleicher
STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON )
On this _____ day of __________________, 2016, before me, a Notary Public, personally appeared Matthew Schleicher as husband of Barbara Schleicher, property owner, who signed the foregoing instrument and acknowledged said instrument to be his free act and deed.
__________________________________________ Notary Public
On this _____ day of __________________, 2016, before me, a Notary Public, personally appeared
Barbara Schleicher as wife of Matthew Schleicher, property owner, who signed the foregoing
instrument and acknowledged said instrument to be her free act and deed. __________________________________________
Notary Public
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Exhibit A LOT 6, BLOCK 4, EASTON VILLAGE, WASHINGTON COUNTY, MINNESOTA (11913 32nd St N)