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DoRsEY & WHITNEY P20FESSiONAL Ux=D LIABILITY PA8 HRSHIP Planning Commission January 24, 1996 Page 3 paid by each of the owners of the numbered lots based upon the land size of each lot under a Pond Maintenance Agreement to be signed by the owner or owners of the properties which will be subject to the obligations for maintenance costs. If the City agrees to own and maintain the ponds, the Pond Maintenance Agreement should provide for the construction of the ponds at the developer's cost, including the construction of fences if necessary as a safety measure, the cost of any additional liability insurance that the City may require with respect to the ownership and maintenance of the ponds, and possibly indemnification of the City with respect to the ponds. The agreement would be recorded and would be a permanent encumbrance upon each lot responsible for such payment and would run with the title to each such lot and be binding on all future owners. Such an agreement for construction of the ponds and for payment to the City for ongoing maintenance and other costs should be drafted by the owner and should be submitted to the City for approval. The City should condition any approval of the plat on the City's review and approval of a Pond Maintenance Agreement in recordable form before the plat is signed and released by the City. 9. EAW. As you know, a petition for an Environmental Assessment Worksheet ("EAW") for the Silver Lake Center is pending, and the Environmental Quality Board has determined that the City is the appropriate governmental unit to decide the need for an EAW. If an EAW or an environmental impact statement ("EIS") is required for a project, then under Minnesota Statutes, Section 116D.04, the project may not be started and final governmental decisions may not be made to grant a permit, approve the project, or begin the project until required actions have been taken with respect to the EAW or EIS. The Planning Commission may make its recommendations to the Council on the Preliminary Plat, the variance and the easement vacation, but final action by the Council must be subject to the condition that the project will not have final approval,and no permit for the project will be issued, until the requirements of the law relating to the EAW are met. 10. Existing Declaration of Restrictions. The owner has requested the termination of that certain Declaration of Restrictions dated December 29, 1994, in favor of the City, recorded as Document No. 2847959. I drafted and recorded that document at the time of the previous plat approval so that the developer could not separately convey and divide any of the lots created in that plat until the developer had submitted and the City had approved a reciprocal easement agreement of the