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matter. <br />5. Because Council ’s intents in allowing the hardcover to remain are 1) snow storage and 2) <br />neighborhood parking, if those uses are not specifically and formally established by an <br />easement, and if the lO-year agreement is not be renewed, the hardcover should be ; .quired <br />to be removed at that time. Staff is concerned about the willingness of this or a future owner <br />to remove or allow the City to remove the hardcover at such time an agreement is no longer <br />in effect. <br />6. Because the agreement is not an easement, the responsibility of maintenance of the area the <br />City is agreeing to pave and the retaining wall should be clarified. <br />Staff has drafted a revised agreement (Exhibit D) which will be presented to the applicant for <br />consideration. <br />COUNCIL ACTION REQUESTED <br />If Council determines the draft agreement (attached as Exhibit C) is adequate adopt the attached <br />Resolution granting a hardcover variance for 1354 Rest Point Circle. <br />If the Council finds that the agreement as currently written is inadequate, possible options include: <br />• incorporate additional terms to meet the Council intentions, per Exhibit D, <br />• further pursue dedication of an easement, <br />- require that the hardcover be removed and the City exercise the rights established under <br />Sections 18*1 and 82-2, <br />- abandon the request to obtain an easement and discuss what level of hardcover should be <br />informally allowed, or <br />• some other action <br />• <br />■V <br />m <br />. .