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Consider Mutual Driveway Easement Agreement with O'Brien Holdings,LLC—Crystal Distribution,Inc.(CDI)Project <br /> October 17,2005 <br /> Page 2 of 2 <br /> Background <br /> Below is the "Buyer's Contingency" (page 11) that resulted in the attached Easement <br /> Agreement as stated in the land Purchase Agreement between the EDA and O'Brien <br /> Holdings,LLC: <br /> "Buyer and the fee owner of Lot 1,Block 1,NORTHSTAR BUSINESS PARK, and Buyer <br /> and the fee owner of Lot 3,Block 1, NORTHSTAR BUSINESS PARK, each having <br /> entered into a mutually agreeable easement and maintenance agreement for joint access on <br /> the north boundary line of the Property and the south boundary line of the Property, <br /> respectively. The proposed location of such easement areas are depicted on Exhibit C to <br /> this Agreement. Buyer and Seller, as applicable,agree to use commercially reasonable efforts <br /> and to act in good faith with such fee owners with respect to the negotiation and execution <br /> of the foregoing easement agreements." <br /> Issue <br /> In summary, the company is asking that the EDA agree to the following as stated in the <br /> attached Easement Agreement: <br /> Per"Construction of Driveway" section (page 2) <br /> "Notwithstanding the immediately preceding sentence,if EDA conveys the EDA Property <br /> to a third party (the "Adjacent Owner"), and the Adjacent Owner, or any of its tenants,uses <br /> the Driveway in the Easement Area, the Adjacent Owner or such tenants shall reimburse <br /> O'Brien for one-half(1) of O'Brien's initial costs to construct the Driveway in the <br /> Easement Area." <br /> "In no event shall the EDA be responsible for any costs relating to the construction of the <br /> Driveway." <br /> Per"Maintenance and Repair of Driveway and Curbing" section (pages 2 &3) <br /> "So long as EDA owns the EDA Property, O'Brien shall be solely responsible for the <br /> maintenance and repair of the Driveway as set forth herein. Thereafter, O'Brien and the <br /> Adjacent Owner (excluding the EDA) shall share equally (50%) to each) in any and all <br /> repairs to, and maintenance of, the Driveway located within the Easement Area,including <br /> but not limited to,patching,resurfacing, seal coating and snow plowing;provided that, any <br /> such single expense must be expressly agreed upon in advance and in writing by O'Brien and <br /> Adjacent Owner." <br /> Requested Action <br /> Staff recommends that the EDA consider approving the attached Mutual Driveway <br /> Easement Agreement with O'Brien Holdings,LLC. <br /> • <br />