10/10/2011 Council Packet - Laserfiche WebLink

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• • • 2. The City shall not under any circumstances be responsible for the on -going physical performance of any repairs, changes or alterations whatsoever to the System and appurtenances and the City shall not be liable for the cost thereof. 3. The Owner agrees, at no cost to the City, to regularly: (1) remove accumulated sediment from the System, (2) maintain all native perennial vegetation in the System area in a way which does not comprise the effectiveness of the infiltration System, (3) maintain and trim all other shrubs and vegetation in the System, (4) remove all litter and debris from the System, (5) repair or replace any grass or other vegetation in the System area disturbed by maintenance, and (6) take all other and further steps which would be reasonably necessary for the purpose of maintaining the System. 4. The Owner agrees to indemnify, and hold harmless and defend the City from all present and future claims that may arise from the construction and maintenance of the System located on the Owner's property. 5. In the event that the City believes that the Owner is not maintaining the System in a fashion reasonably consistent with this Agreement, then the City may give written notice to the Owner detailing the deficiency in the manner in which the owner is maintaining the System. If, within 60 days after receipt of this notice, the deficiency described in the notice has not been corrected by the Owner, then the City may, without further notice, take any steps which it deems reasonably necessary in order to correct the deficiency; provided, however, that if the deficiency complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be completed within said 60 -day period, then such deficiency shall be deemed to be rectified or cured if Owner shall, within said 60 -day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence. If the Owner does not rectify or cure as provided herein, and the City corrects the deficiency, the Owner agrees to then reimburse the City within 30 days after receipt of invoice for all reasonable costs incurred, to include administrative overhead, by the City in correcting the deficiency. If this invoice is not paid within 30 days of receipt, or the Owner has not commenced an action to contest the reasonableness of the invoice within sixty (60) days after receipt, then the Owner agrees that the City may assess the cost against the Owner's Property. In the event that it becomes necessary for the City to assess the cost of correcting the deficiency as provided herein, then the City is authorized to direct the County Assessor to certify this assessment against the Owner's Property described above, and the Owner waives any right to a public hearing and appeal of such assessment which may statutorily or constitutionally provided for. Stormwater Treatment Features Agreement page 2 of 4 P104