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~ EASEMENT AND MAINTENANCE AGREEMENT This Easement and Maintenance Agreement is made and entered into on SI1kJ~J..- if, , 1996 by and between Brighton Green Associatibn~--Inc., a Minnesota non-profit corporation (hereinafter referred to as "Grantor"), and the City of New Brighton, a municipal corporation under the laws of the State of Minnesota, (hereinafter referred to as the "City"). WIT N ESE T H: WHEREAS, said Grantor is the association described in Declaration of Common Interest Community Number 319, Brighton Green, a Condominium, Ramsey County, Minnesota, (the "Declaration"); and WHEREAS, pursuant to the Declaration, the Grantor has the duty, among others, to provide for the maintenance of lawns and landscaping which are part of the Condominium; and WHEREAS, the City has expressed a concern that arbor vitae planted along the perimeter of the Condominium along 10th Street Northwest and 5th Avenue Northwest, (the "Arbor Vitae"), may create a public safety issue if the plantings were allowed to grow without restriction; and WHEREAS, the Grantor and the City have reached an understanding with regard to restricting the growth of the Arbor Vitae. IN CONSIDERATION of the recitals above and other good and valuable consideration received by Grantor, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Maintenance. Grantor agrees that it will maintain the Arbor Vitae in a manner such its height does not exceed five (5) feet as measured from the ground to the top of the Arbor Vitae. 2. Grant of Easement. Grantor for itself, its successors and assigns hereby grants to the City, its successors and assigns, and all subsequent members of the Grantee a perpetual, non-exclusive easement over and across Common Elements of the Condominium for purpose of maintaining the Arbor Vitae as provided in Section 1, if the Grantor fails to so maintain the Arbor Vitae. The Association shall be deemed to have failed to maintain the Arbor Vitae only if the City has given written notice to the Association of the maintenance which has not been performed and the Association fails to perform such maintenance within 30 days after receipt such notice, or if the Association fails to commence performance of such maintenance during such 30- day period if such maintenance cannot, by its nature, be reasonably completed within 30 days.