Agenda - Council - 06/13/2000 - Laserfiche WebLink

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I i I I I I ! I I I i I I ! I I i I 1.5. The Commission has agreed to accept transfer of the ditch on the terms and conditions herein'after set forth solely at the behest of, and for the benefit of, the City of Ramsey. It is the specific intent of the parties to this agreement that no costs, expenses or liability be incurred by the Commission in connection with the transfer, administration, maintenance or operation of the ditches or in any way arising out of its role as ditch authority. But for the assurances to that effect and the assumption of the obligations of the City of Ramsey provided for herein, the Commission would not accept transfer of these ditches. Accordingly this Agreement should be interpreted in all cases to effect this intent. SECTION 2 GENERAL MAINTENANCE AND REPAIR The County will transfer that portion of its County Ditch No. 43 and County Ditch No. 3 a/k/a County Ditch No. 66 lying within the City of Ramsey to the Commission. Following this transfer, the City of Ramsey will perform all general maintenance on the County Ditch System lying within icg municipal boundaries. In performing general maintenance on the County Ditch System, the City of Ramsey shall: 2.1. Maintain County Ditch No. 43 and County Ditch No. 3 aTk/a County Ditch No. 66 drainage systems in good operating condition for the conveyance of storm water. 2.2. Perform preventative maintenance services as may be required to preserve and maintain County Ditch No. 43 and County Ditch No. 3 a/k/a County Ditch No. 66 drainage systems. 2.3. Comply with all state and federal laws and the lawful rules, regulations and orders of any state or federal agency regulating the work performed and the materials furnished under this Agreement. 2.4. Advise the Commission of the necessary work to be performed and the schedule of such work for the following year. 2.5. Provide all supervisory personnel necessary for the supervision of the above work. 2.6. Provide all labor, materials, supplies, tools and equipment necessary for the performance of all work required by or under this Agreement. SECTION 3 OBLIGATIONS AS DITCH AUTHORITY 3.1. The City of Ramsey shall undertake and perform all legal obligations imposed on the Commission by state or federal laws, rules or regulations or order of any court of competent jurisdiction fi)r the administration, repair, operation, maintenance, betterment, use, clean-up, construction or reconstruction, improvement or control of the ditches. 3.2. The City of Ramsey will reimburse the Commission for all costs and expenses incurred by the Commission in the consideration and evaluation of the request by the City of Ramsey to transfer the ditches; petition for transfer of the ditches; and the responsibility, CLL-178112vi LWtOS- -187'-