Agenda - Council - 07/11/2023 - Laserfiche WebLink

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2. Landowner shall not expand the patio, knee wall, and landscape features in width, depth, or height unless approved in writing by the City. If the patio, knee wall, and landscape features are demolished, destroyed, or substantially damaged, any replacement, repair, or reconstruction in like manner shall be permitted. 3. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easement. 4. The Landowner is responsible for all costs relating to use, maintenance and repair of the patio, knee wall, and landscape features. 5. Landowner agrees that if the City, during its normal construction, reconstruction, maintenance and/or repair of the sanitary sewer line within the Easement, deems it necessary and expedient to excavate within the Easement, the Landowner will remove any encroaching improvements identified by the City within thirty (30) days' notice to Landowner. The City's only obligation to restore any of the encroaching improvements shall be to fill the excavated area and level the same to the grade that it was prior to the City's excavation. 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 patio, knee wall, and landscape features, 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 waive any and all rights to challenge or appeal the assessment. 7. Landowner and any 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's permission to encroach on the Easement for the maintenance, use, and operation of the patio, knee wall, and landscape features. 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: TO LANDOWNER: Katie Schmidt, City Clerk City of Ramsey 7550 Sunwood Drive NW Ramsey, MN 55303 Ramsey Properties, LLC 8445 Bunker 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 the Property. 2