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LM <br />(Above Space Reserved for Recording Information) <br />STORMWATER RE ­ USE AGREEMENT <br />(Clearwater Cove, Hugo, Minnesota) <br />THIS STORMWATER RE -USE AGREEMENT (this "Agreement") is entered into as of <br />this day of May, 2016, by and between the CITY OF HUGO, a Minnesota municipality <br />organized and existing under the laws of the State of Minnesota (the "City") and <br />CLEARWATER COVE HOMEOWNERS' ASSOCIATION, a Minnesota non-profit corporation <br />(the "HOA"). <br />RECITALS <br />A. Stormwater ponds (the "Ponds") have been or will be located on property owned <br />by the City and legally described as: <br />Outlot B and Outlot D, Clearwater Cove, Washington County, Minnesota (the "City <br />Outlots"). <br />B. The City desires to allow stormwater to be pumped out of the Ponds and used to <br />provide irrigation water to the individual lots created or to be created within the Clearwater Cove <br />residential community (the "Lots") as identified on Exhibit A attached hereto and incorporated <br />herein. <br />C. A Stormwater Re -Use Distribution System (the "System"), including without <br />limitation Stormwater Re -Use Pumps (the "Pumps"), has been designed and will be installed in <br />locations as generally depicted on Exhibit B attached hereto and incorporated herein, which <br />System and Pumps allow stormwater from the Ponds to be used to provide irrigation water to the <br />Lots <br />CORE/2008719.0393/114949063,5 <br />