Agenda - Council - 06/22/2021 - Laserfiche WebLink

Home

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 Wall. The OWNER shall construct the Wall according to the Plans at its sole cost and expense. 3. Maintenance of the Wall The OWNER shall be responsible for maintenance of the Wall to include, but not be limited to: (i) Restoration if, as a result of any inspection by the OWNER or CITY staff, it is reasonably determined that the Wall (i) has not been maintained; or (ii) is not functioning as originally designed and intended; or (iii) is in need of repair. The OWNER agrees to restore the Wall so that it functions as it was originally designed and intended pursuant to the original approved plans. OWNER'S restoration is subject to the review and approval of the City, which approval shall not be unreasonably withheld or delayed, within thirty (30) days. (ii) Removal within 24 hours if any portion of the wall falls or impacts the public right- of-way or adjacent sidewalk. 4. Assssment. The OWNER, for itself and respective successors and assigns, hereby waives any statutory right to contest any assessment by the CITY for its costs of maintenance/repair as permitted herein, on the basis of the benefit to portions of the Property. 5. Terms and Conditions. The terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of, the parties hereto and their respective successors and assigns. 6. Recording. This Agreement shall be recorded in the Anoka County, Minnesota Recorder's Office. It shall be the Developer's responsibility to pay the applicable recording fees. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. [Signature Page Follows] 2