Agenda - Council - 04/14/2015 - Laserfiche WebLink

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3. The Landowner shall be responsible for all costs relating to use, maintenance and repair of the Deck and Septic System. 4. Landowner agrees that if the City, during its normal construction, reconstruction, maintenance and/or repair of the public utilities of the City located within the Easements including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and expedient to excavate within the Easements, Landowner shall be responsible for removing, reconstructing and/or repairing the Deck and/or Septic System and the City's only obligation shall be to fill the excavated area and level the same to the grade that it was prior to the City's excavation. Notwithstanding the above, in the event the City finds it is necessary to completely and totally restore easement area, the landowner agrees to remove the Deck and/or Septic System that has been placed in the Easements. Landowner will promptly comply with said removal request at their expense and will remove the Deck and/or Septic System within sixty (60) days of the written request by the City. 5. In the event that Landowner fails to take any action required in this Agreement and the City is required to repair, reconstruct or take other actions to maintain the City's utilities, as a result of the Landowner's use and maintenance of the Deck and/or Septic System, the City may take any and all actions permitted by law to collect the costs of those repairs and the City may further levy an assessment against the Property for all costs incurred by the City. Landowner waives any and all rights to challenge or appeal the assessment. 6. Landowner and his successors and assigns do hereby agree to defend, indemnify, and hold the City harmless from any and all costs and expenses, all claims and liability, including attorney's fees, relating to or arising from granting the Landowner permission to encroach on the Easements for the maintenance, use, and operation of the Deck and/or Septic System, including third party claims against flooding issues that may occur due to filling within the drainage easement. 7. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following: TO CITY: TO LANDOWNER: Jo Thieling, City Clerk City of Ramsey 7550 Sunwood Drive NW Ramsey, MN 55303 Michael L. and Diana J. Swanson 8077 155th Lane NW Ramsey, MN 55303 or to any successors or assigns of the Landowner or City, or any future address of the Landowner or City, if Landowner or City gives the other party notice of said change of address as provided pursuant to the provision for notice herein. 8. This Agreement shall be recorded against the title to the Property. RESOLUTION #15-04-097 Page 2 of 6