Agenda - Council - 04/13/2021 - Laserfiche WebLink

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removal request at their expense and will remove the Overhangs within sixty (60) days of the written request by the City. 6. 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 Overhangs, 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 Properties for all costs incurred by the City. Landowner waives any and all rights to challenge or appeal the assessment. 7. Landowner and his/her 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 Overhangs, including third party claims against flooding issues that may occur due to filling within the drainage easement. 8. 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: Colleen Lasher, City Clerk City of Ramsey 7550 Sunwood Drive NW Ramsey, MN 55303 TO LANDOWNER: Riverstone Development LLC 14015 Sunfish Lake Blvd 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. 9. This Agreement shall be recorded against the title to each of the Properties. 3