Agenda - Council - 11/10/2020 - Laserfiche WebLink

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responsibility relating to the costs of the repair and maintenance of the Sanitary Sewer Line and Rain Garden. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals Incorporated. Recitals above are hereby incorporated into this Agreement. 2. Construction of the Private Sanitary Sewer Line and Rain Garden. The Developer shall construct the Private Sanitary Sewer Line according to the Plans and repair and maintain the Private Sanitary Sewer Line at its sole cost and expense. to: 3. Maintenance of the Private Sanitary Sewer Line shall include, but not be limited (0 Quarterly inspections of all manholes and sanitary sewer lines with one in each the spring and fall. Such inspections shall be documented in a maintenance log retained by the Owner and submitted to the City upon request; and (ii) Bi-annual inspection reports and certifications by a professional engineer (provided by Owner) that the Private Sanitary Sewer Line is functioning in accordance with the approved plans and have maintained the proper operation of according to the manufacturer's operation and maintenance guidelines and City standards. Such inspections and reports shall include actual visual inspection of the inlets, outlets, chambers, and feed connectors through either access portals, manholes, or CCTV. Copies of the quarterly and bi-annual inspection reports shall be provided to the City within 30 days of their preparation. If, as a result of any inspection by the Owner or City staff, it is reasonably determined that the Private Sanitary Sewer Line (i) have not been maintained; or (ii) are not functioning as originally designed and intended; or (iii) are in need of repair, the Owner agrees to restore the Private Sanitary Sewer Line so that they function as they were originally designed and intended pursuant to the Plans, subject to the review and approval of the City, which approval shall not be unreasonably withheld or delayed. The Owner, as present owner of the Property, for itself and its respective successors and assigns agree to be solely responsible for the repair and maintenance of the Private Sanitary Sewer Line and shall bear all costs of such maintenance. If the Property is sold, the owners of the Property shall be equally responsible for the maintenance of the Private Sanitary Sewer Line. If the Owner does not undertake the necessary maintenance within thirty (30) days of notification by the City, the City may contract such maintenance, and the costs reasonably incurred by the City for contracting such maintenance shall be reimbursed to the City by the Owner and/or its successors and assigns. 4. Maintenance of Rain Garden. The Owner shall maintain the Rain Garden in accordance with Lower Rum River Watershed Management Organization. 2