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Agenda - Council - 09/09/1996
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Agenda - Council - 09/09/1996
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/09/1996
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b) <br /> <br />From and after the opening of said roadway, the Owner of said Lot 2 shall <br />reimburse the Owner of said Lot 1 for the proportional cost, based upon the <br />linear footage of the roadway, of the maintenance costs on a monthly basis <br />within thirty (30) days after receipt of an invoice from the Owner of said Lot <br />I for the same. <br /> <br />c) <br /> <br />The Owners of L0ts 1, 2 and 3, Block 1, River/47 Plaza Addition shall each <br />reimburse the Owner of Lot 1, Old School House No. 28 Addition, for one- <br />third (1/3) each of the reasonable costs and construction of roadway upon <br />the easement area of which lies on the CBS Land and Lot I, Block 1, <br />River/47 Plaza Addition. <br /> <br />d) <br /> <br />The Owners of Lot 1, 2, and 3, River/47 Plaza Addition, shall each <br />reimburse Rum River for one-third (I/3) of it's costs to acquire the CBS <br />Land including any costs for Title Insurance, Surveying, clc~s, ing costs, <br />wetland deliniation, reasonable attorneys fees and other out of'pocket costs <br />dkectly related to the acquisition of the CBS Land. <br /> <br />In the event that any owner or successor to an owner benefiting from this agreement <br />should fail to reimburse another party (or third party beneficiary) to this agreement <br />as hereinafter provided for the benefiting parties share of the costs of construction <br />or. maintenance as herein provided, the City of Ramsey shall promptly make such <br />reimbursement to the party entitled and may assess the amount of such <br />reimbursement together with reasonable costs, against the benefited property, said <br />assessment to be cerdfied with the real property taxes next submitted following <br />such reimbursement. Default in such payment shall be established by affidavit of <br />non-payment including a summary of the unpaid reimbursement due, to be <br />submitted to the City by the party entitled to reimbursement. Said affidavit shall <br />specify the amount past due and the failure of the defaulting party to pay the invoice <br />billing the same. <br /> <br />No Dedication. Notwithstanding anything herein to the contrary, the Easement <br />shall not be deemed dedicated to the public or otherwise deemed public land, by <br />virtue of this Agreement. Notwithstanding that it is a party to this Agreement, the <br />City shall have no obligation and no right, unless otherwise existing, independent <br />of this Declaration, under the ordinances, statutes and other laws under which the <br /> <br />Page 4 of 8 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />
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