07-26-2021 Council Packet - Laserfiche WebLink

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9. Credits. The Developer 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 Developer have 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 Developer fails or refuses to maintain, repair and/or operate the System as required herein, the Developer shall correct the deficiency within thirty (30) days after the City gives written notice to the Developer specifying the deficiency, or as soon as reasonably possible otherwise. If the Developer 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 Developer 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. 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 Developer 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, and shall bind and inure to the benefit of the respective parties and their successors and assigns. 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. [Signature and Acknowledgement Page Follows.]