04-12-2021 Council Packet - Laserfiche WebLink

Home Search

8. Equipment Failure. In the event there is a deficiency with the Distribution System RPZ or Pump which causes the Irrigation System to become inoperable, the Neighborhood Association shall correct the deficiency within thirty (30) days after the City gives written notice to the Neighborhood Association specifying the deficiency, or as soon as reasonably possible otherwise. If the Neighborhood Association fails to correct the deficiency within thirty (30) days after the City provides written notice to the Neighborhood Association the City may, without further notice, access the Distribution system to make necessary repairs. The Neighborhood Association shall be billed for labor and material costs associated with the City preforming repairs on the Distribution system and the use of treated drinking water from the City’s municipal water supply system for irrigation during the inoperability. 9. Credits. The Neighborhood Association recognizes the City’s intent to use any excess volume and water quality credits created by the Irrigation System as a means of meeting volume and water quality requirements for City road and other projects under Rice Creek Watershed District stormwater management rules. Notwithstanding the foregoing, the Neighborhood Association has no obligation to create any such excess credits or to operate the Irrigation System in any manner other than in accordance with the requirements of this Agreement. 10. Default. In the event the Neighborhood Association fails or refuses to properly maintain, repair and/or operate the Distribution System as required herein, the Neighborhood Association shall correct the deficiency within thirty (30) days after the City gives written notice to the Neighborhood Association specifying the deficiency, or as soon as reasonably possible otherwise. If the Neighborhood Association fails to correct the deficiency in a timely manner, then the City may, with ten (10) days written notice and without regard to the formalities of Minnesota Statutes Chapter 429, perform such work to maintain, repair, and/or operate the Irrigation System and assess Neighborhood Association for the cost of such work. 11. Extension. Except to the extent otherwise provided in this Agreement following the initial twenty-five (25) year term, this Agreement will be automatically extended for successive one-year periods (subject to the “Termination” section below), on the same terms and conditions as in effect immediately prior to the then-current expiration date, unless either part gives the other notice of non-extension at least three (3) months before the then-current expiration date. 12. Termination. Except as otherwise provided herein, if either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice thereof, the non-breaching party shall have the non-exclusive right to terminate this agreement thereafter, upon written notice. 13. Miscellaneous. This Agreement contains the entire agreement between the City and the Neighborhood Association regarding the subject matter hereof. This Agreement may be signed in any number of counterparts, each of which shall be considered an original, but which together shall constitute one and the same instrument. This Agreement may be amended only by a written instrument signed by the parties hereto. This Agreement shall run with the land. 14. Authorization. The parties represent and warrant that the undersigned are duly authorized to execute this Agreement and to bind the respective parties to the terms of this Agreement.