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6405221v9 <br /> <br />1 <br />449236v2 NE136-8 <br />ENCROACHMENT LICENSE AGREEMENT <br />FOR MONUMENT, LANDSCAPING, RETAINING WALL, AND FENCE <br /> <br /> <br />AGREEMENT made this ____ day of January, 2015, by and between the City of New <br />Brighton, a Minnesota municipal corporation (“City”), Pulte Homes of Minnesota LLC, a <br />Minnesota limited liability company (“Owner”), Enclave at New Brighton Exchange Master <br />Association, a Minnesota nonprofit corporation (the “Master Association”), and Enclave at New <br />Brighton Exchange Single Family Association, a Minnesota nonprofit corporation (the “Single <br />Family Association”). <br /> <br />RECITALS <br /> <br />A. Owner owns real property in the City of New Brighton, County of Ramsey, State <br />of Minnesota, legally described as described on attached Exhibit A (“Subject Property”). <br /> <br />B. The City is the local road authority controlling right-of-way adjacent to the <br />Subject Property. <br /> <br />C. Owner intends to subject the portion of the Subject Property legally described on <br />Exhibit B-1 to a declaration establishing the Enclave at New Brighton Exchange Master <br />Association (the “Master Association Property”). Owner has incorporated the Master <br />Association to undertake certain activities with respect to the Master Association Property as <br />described herein and in the Master Association’s Bylaws. <br /> <br />D. Owner intends to subject the portion of the Subject Property legally described on <br />Exhibit B-2 to a declaration establishing the Enclave at New Brighton Exchange community (the <br />“Single Family Property”). Owner has incorporated the Single Family Association to undertake <br />certain activities with respect to the Single Family Property as described herein and in the Single <br />Family’s Association’s Bylaws. <br /> <br />E. Owner is proposing to construct a monument, landscaping and an underground <br />sprinkler system to serve the landscaping within the City’s right-of-way (within 14th Street <br />Northwest and Northwest Parkway) and a portion of a retaining wall and fence within the City’s <br />park property legally described as Outlot A, Enclave at New Brighton Exchange, Ramsey <br />County, Minnesota (the “Park Property”), all as depicted on Exhibit C (the “Encroachment <br />Area”). <br /> <br />F. The Master Association will maintain the monument, landscaping and related <br />underground sprinkler system located within the 14th Street Northwest right-of-way and the <br />landscaping and related underground sprinkler system located within the Northwest Parkway <br />right-of-way. <br /> <br />G. The Single Family Association will maintain the retaining wall and fence located <br />within the Park Property. <br /> <br />NOW THEREFORE, in consideration of the mutual covenants herein contained, it is <br />agreed by the parties as follows: