08-27-2018 Council Packet - Laserfiche WebLink

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Now, THEREFORE, in consideration of the Recitals, which are hereby made a part hereof, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Driveway Use and Access. The Driveway shall be available for non-exclusive ingress and egress by all residents of the subdivided Subject Property and their guests. Additionally, the portion of the Driveway located in the Orono Right of Way shall be available for non-exclusive ingress and egress by the holders of access easements on the Subject Property and their guests. Orono hereby grants a non-exclusive permanent easement to Developer, its contractors, subcontractors, agents, and successors and assigns on to the Orono Right of Way for the purposes of ingress, egress, and access to the Driveway, which includes ingress and egress for construction related activities and the maintenance obligations described in Section 2 of this Agreement. 2. Maintenance of Driveway. Developer agrees to maintain and repair the Driveway, and otherwise plow and clear the Driveway as required for the intended use of the Driveway as set forth herein. This maintenance obligation includes, but is not limited to, snow removal, ice treatment, obstruction removal, pavement and shoulder repair and patching, and maintenance of lighting, markings and signage, as needed. Developer also agrees to cut, trim, or remove from the Driveway trees, shrubs, or other vegetation or improvements as in Developer's reasonable judgment are unreasonably interfering with the use of the Driveway. Developer shall be liable for any and all costs and expenses associated with maintaining and repairing the Driveway. Developer shall establish a home owners association or other collective agreement between the lot owners which comprise the Subject Property which includes the owners, heirs and assigns of each of the four subdivided lots within the Subject Property (the "HOA/Collective Agreement"). That HOA/Collective Agreement shall be responsible for collecting costs from the included home owners and administering the maintenance obligations contained herein. However, should developer fail to establish the HOA/Collective Agreement or should the HOA/Collective Agreement be dissolved at any time, the four individual lot owners within the Subject Property shall each be separately liable for one-quarter of the cost of maintenance of the Driveway (so that the collective lot owners' cumulative liability for maintenance costs of the Driveway is 100%), in perpetuity. 3. Maintenance of Developer's Utilities. Developer acknowledges, and the parties agree, that all sanitary sewer, water, and drainage facilities and infrastructure within the site plan approved by Long Lake, exclusive of the City water main, are considered private facilities and infrastructure. Developer agrees that Developer shall be responsible for these private facilities and infrastructure up to and including connection of the same to the Long Lake city main. Developer shall maintain all stormwater management infrastructure on the site in compliance with the maintenance agreement between Developer and the Minnehaha Creek Watershed District. The HOA/Collective Agreement shall be responsible for collecting costs from the included home owners and administering the maintenance obligations contained herein. However, should no HOA/Collective Agreement be established or should the HOA/Collective Agreement be dissolved at any time, the four individual lot owners within the Subject Property shall each be separately liable for one-quarter of the cost of maintenance of Developer's Utilities -2-