2018.11.05 CC Packet - Laserfiche WebLink

Home

G.10 (Above Space Reserved for Recording Information) EASEMENT AND MAINTENANCE AGREEMENT This Easement and Maintenance Agreement ("Agreement") is made and entered into this day of , 2018, by and among the City of Hugo, a Minnesota municipal corporation (the "City"), D.R. Horton, Inc. -Minnesota, a Delaware corporation (the "Developer"), and Clearwater Cove Homeowners' Association, a Minnesota non-profit corporation (the "Association"). WHEREAS, the Developer desires to construct a temporary retaining wall (the "Retaining Wall") within the right of way area known as Oneka Parkway, as shown on the plat of CLEARWATER COVE 4TH ADDITION, and extending into Lot 6, Block 2, CLEARWATER COVE 4TH ADDITION, Washington County, Minnesota, as depicted on Exhibit A attached hereto (the "Easement Area"). WHEREAS, upon termination of the Temporary Period (as defined below), the Retaining Wall will be removed pursuant to City procedures. NOW, THEREFORE, the City, the Association and the Developer agree as follows: 1. Easement. The City hereby authorizes the Developer and the Association to construct, maintain and repair the Retaining Wall within the Easement Area until such time as Oneka Parkway is extended (the "Temporary Period"). The Developer hereby reserves for the benefit of the Association during the Temporary Period an easement over that portion of the Easement Area located within Lot 6, Block 2, CLEARWATER COVE 4TH ADDITION, for the maintenance and repair of the Retaining Wall. 2. No Waiver. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights in the Easement Area. 3. Maintenance and Costs. The Developer shall be responsible for all costs relating to construction of the Retaining Wall, which shall be constructed by Developer in accordance with the plans and specifications approved by the City. Thereafter, the Association shall be CORE/2008719.0396/ 147712908.2