Agenda - Council - 11/09/2021 - Laserfiche WebLink

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6. The CITY, OWNER and HOA desire to set forth their understanding with respect to the construction, repair and maintenance of the Private Sanitary Sewer Line and Rain Garden and the responsibility relating to the costs of the repair and maintenance of the Private 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 OWNER constructed the Private Sanitary Sewer Line and Rain Garden according to the plans approved by the City Council and on file with the City at its sole cost and expense. 3. Maintenance of the Private Sanitary Sewer Line. Other than the specific exceptions set forth below, the HOA will be responsible for maintenance and repair of the Private Sanitary Sewer Line, including, without limitation, removal of any blockages to the service lines and/or main line. Without limiting the foregoing, if any inspection by the HOA or CITY staff, reveals that the Private Sanitary Sewer Line (i) is not functioning as originally designed and intended; or (ii) is in need of repair, the HOA agrees to restore the Private Sanitary Sewer Line so that it functions as 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 foregoing shall be subject to the following exceptions: i) The CITY will be responsible for any and all repairs that require excavation under Rivlyn Avenue NW, Ramsey, Minnesota; ii) The CITY will be responsible for replacement of the Private Sanitary Sewer Line in the event of damage beyond repair, not including individual service lines servicing individual dwellings; and 4. Recording. This Agreement shall be recorded in the Anoka County, Minnesota Recorder's Office at OWNER'S expense. 5. Maintenance of Rain Garden. The HOA shall maintain the Rain Garden in accordance with Lower Rum River Watershed Management Organization. 6. Assessment. Any repair or maintenance work undertaken by the CITY pursuant to this Agreement may be assessed pursuant to Minnesota Statutes chapter 429, the City Charter, and the then current assessment policy. 7. 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. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. (Signature pages attached) 2