05-28-2003 Council Agenda - Laserfiche WebLink

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WFIEREAS, Schmidt, Sprosty and Kerr consider it mutually desirable to improve their respective properties through the construction of a new swale, which has been recommended by Kerr's surveyor, on a portion of all three properties. A copy of the Site Plan for the construction of said swale is attached hereto and incorporated herein as Exhibit D. WHEREAS, Schmidt, Sprosty, and Kerr have agreed to work together to maintain the swale consistent with all governmental requirements; and, WHEREAS, Little Canada has agreed to assist Schmidt, Sprosty and Kerr in the creation of said swale subject to the execution of this Agreement by Schmidt, Sprosty and Kerr; NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED• 1. PURPOSE. The parties have joined together for the purpose of creating a swale on the Schmidt, Sprosty and Ken properties, for the general improvement of each property to replace the former swale. 2. METHOD. Little Canada will apply for and obtain the appropriate watershed permit and any other governmental approvals for excavating said swale. Schmidt, Sprosty and Kerr will be responsible for: ongoing maintenance of said swale. Little Canada will excavate the swale pursuant to the appropriate governmental permits and the Site Plan set forth on Exhibit D. Little Canada's involvement in this matter will merely consist of the movement of existing dirt on the property, the creation of the basin necessary for said swale, the moving the removed fill, the initially seeding the area and the placement of a silt fence. The City will have no easement for the swale and will not be responsible for maintaining it. It is understood and agreed that a portion of a drain tile system that currently exists on the Schmidt property may have to be removed as a result of the digging of the excavation. 3. ADEQUACY The parties acknowledge that the swale to be constructed as a result of this Agreement is replacing the previous swale in size and manner of function. No representations are being made that said swale will eliminate flooding in all drainage events. 4. ACCESS Schmidt, Sprosty and Kerr shall provide access to Little Canada to their respective properties, to allow for the creation of the hole as described in paragraph 2 herein. This right of access shall include the right of ingress and egress with all machinery, equipment and materials necessary for the aforesaid purposes for Little Canada or their employees, agents, contractors and consultants. 2 3