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10/09/12
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7/18/2025 11:18:55 AM
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Meetings
Meeting Document Type
Agenda
Document Title
Housing & Redevelopment Authority
Document Date
10/09/2012
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the Storm Sewer Easement (the "Shared Storm Sewer <br />Improvements"). The Shared Storm Sewer Improvements shall be <br />deemed private improvements even if a public utility easement is <br />dedicated over all or a portion of the Storm Sewer Easement <br />Property. The Owner of Lot 3 must maintain, repair and replace <br />the Shared Storm Sewer Improvements. The Owner of Lot 3 must <br />perform its maintenance, repair and replacement obligations in a <br />manner that does not unreasonably interfere with the use or <br />enjoyment of the Storm Sewer Easement Property for its intended <br />purposes. If the Owner of Lot 3 intends to perform maintenance, <br />repair or replacement work on the Shared Storm Sewer <br />Improvements on Lot 4 or on Lot 5, the Owner of Lot 3 must give <br />the Owner or Owners of the Lot or Lots upon which the <br />maintenance, repair or replacement work will be undertaken at <br />least seven (7) days before commencing the work. <br />(iii) Maintenance Costs. The cost of maintaining, repairing and <br />replacing the Shared Storm Sewer Improvements (the "Shared <br />Storm Sewer Improvement Maintenance Costs") shall be allocated <br />between the Owners of Lot 3, Lot 4 and Lot 5 as follows: The <br />Owner of Lot 3 is liable for percent ( %) of the <br />Shared Storm Sewer Improvement Maintenance Costs; the Owner <br />of Lot 4 is liable for percent ( %) of the Shared <br />Storm Sewer Improvement Maintenance Costs; and the Owner of <br />Lot 5 is liable for percent ( %) of the Shared <br />Storm Sewer Improvement Maintenance Costs. Article III, Section <br />3 of this Agreement describes the Owners obligations with respect <br />to the payment of maintenance costs. <br />D. Grant of Inspection and Repair Easement to City. Sophia -Ramsey and <br />the HRA each grant the City of Ramsey a perpetual, non-exclusive <br />easement in gross over and across the Lots to permit the City to inspect <br />private water lines, storm sewer lines and related equipment located on the <br />Property and to maintain and repair those lines and equipment if the City <br />determines that the Lot Owners are not adequately maintaining or <br />repairing those lines or equipment (the "Public Inspection Repair <br />Easement"). Except in circumstances where the City must act promptly to <br />prevent or limit damage to public or private property or to protect public <br />health and safety, the City must give Owners written notice of the <br />maintenance or repairs the City determines are necessary and must allow <br />the Owners thirty (30) days after the delivery of such notice to perform the <br />maintenance or repairs themselves before the City may exercises its right <br />to maintain or repair private lines and equipment. If the City makes <br />inspections or undertakes maintenance or repairs pursuant to this Section <br />D, the City must use commercially reasonable efforts to minimize <br />disruption to the Owners; the Owners' tenants; and the Owners' and the <br />Owners' tenants guests and invitees. If the City incurs costs or expenses <br />5 <br />4873445v8 <br />
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