Agenda - Council - 12/10/2024 - Laserfiche WebLink

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Project ID: City of Ramsey Riversbend Pond Protect, 2024 AriCNxA C�olVI$iRIACTno 13.1. If title to this land is transferred to another party before expiration of the Project Effective Life, it shall be the responsibility of the City to inform ACD of the transfer and facilitate communication between ACD and the new owner with the goal of perpetuating Project operations and maintenance. 14. Audit Disclosure and Retention of Record 14.1. The City agrees to make available to representatives of ACD and of the State of Minnesota, for the purpose of audit examination pursuant to Minn. Stat. § 16C.05, any books, documents, papers, and records of the City that are pertinent to the provision of services hereunder. The City further agrees to maintain all such required records for the greater of six (6) years after Project Installation date, or the life of the project. 15. Dispute Resolution 15.1. Any and all disputes arising under, pertaining to or touching upon this Agreement, or the statutory rights or obligations of either party hereto, shall, if not settled by negotiation, be subject to non -binding mediation before an independent mediator. Notwithstanding the foregoing, any party may seek preliminary injunctive or other judicial relief if such action is necessary to avoid irreparable damage during the pendency of the proceedings described in this Section. 15.2. Any demand for mediation shall be made in writing and served upon the other party to the dispute, by certified mail, return receipt requested, or by personal service. The demand shall set forth with reasonable specificity the basis of the dispute and the relief sought. 15.3. The mediation hearing will occur at a time and place convenient to the parties in Anoka County, Minnesota, within thirty (30) days of the date of selection or appointment of the mediator. Mediation or the waiver of mediation by both parties shall be a condition precedent to arbitration, the filing/serving of any lawsuit, or any other legal action. Mediation shall be conducted by a qualified neutral mediator selected by mutual agreement of the parties. If the parties cannot mutually agree upon a mediator within 14 days of notice under this section, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall designate a mediator who is a licensed attorney with general knowledge of contract law and who has no ongoing relationship with either party. 15.4. Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. 15.5. The law of the State of Minnesota shall govern all questions as to the validity, performance and enforcement of this Agreement. This Agreement shall be interpreted according to the laws of the State of Minnesota. All proceedings regarding this Agreement and project will be venued in the State of Minnesota's 10th Judicial District, Anoka County District Court. 16. Counterparts 16.1. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts together shall constitute one and the same instrument. 17. Entire Agreement 17.1. This agreement includes the following, which are incorporated by reference. 17.1.1. Exhibit A (Statement of Work), 17.1.2. Exhibit B (Operations and Maintenance Plan), and 17.1.3. Exhibit C (Project Design). 17.2. Any modification or cancellation of this agreement shall be in writing and signed by both parties.