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(Above Space Reserved for Recording Information) <br />STORMWATER RE -USE AGREEMENT <br />(Waters Edge, Hugo, Minnesota) <br />THIS STORMWATER RE -USE AGREEMENT (this "Agreement") is entered into as of <br />this day of , 2019, by and between the CITY OF HUGO, a Minnesota <br />municipal Corporation (the "City") and the WATERS EDGE HOMEOWNERS' <br />ASSOCIATION, a Minnesota Common -Interest Community and corporation (the "HOA"). <br />RECITALS <br />Whereas: <br />A. Stormwater ponds (the "Ponds") are located on property owned by the City and <br />legally described as: <br />Outlot A, Waters Edge South Third Addition, Washington County, Minnesota (the "City <br />Outlots"). <br />B. The City desires to allow stormwater to be pumped out of the Ponds to provide <br />irrigation water to certain common elements within the Waters Edge residential community (the <br />"Common Elements") which are identified on Exhibit A attached hereto and incorporated herein. <br />The HOA desires to utilize some of the stormwater for non -potable irrigation purposes as set forth <br />herein. <br />C. This agreement is intended to supersed and replace the previously signed Stormwater <br />Reuse Agreement (Waters Edge Reuse System Phase 1- or WERSP 1), as well as a proposed <br />expansion of the existing system (Waters Edge Reuse System Phase 2 or WERSP 2). Upon execution <br />and recording of this agreement the prior Agreement is null and void and this agreement shall succeed <br />it. A Stormwater Re -Use Distribution System (the "Distribution System"), including without <br />limitation the Stormwater Re -Use Pump system (the "Pump"), has been constructed under <br />WERSP 1. An expansion of these facilities has been designed and will be installed by the City <br />Page 1 <br />