2011-071 Council Resolution - Laserfiche WebLink

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NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management of the Facilities, at no cost to the City or the District, for the purpose of receiving, retaining, treating and transporting all storm water which may be collected within the Facilities. This Agreement expressly excludes Anoka County Ditch 72. 2. Neither the City nor the District shall under any circumstances be responsible for the on -going physical performance of any repairs, changes or alterations whatsoever to the Facilities nor shall they be liable for the cost thereof. 3. The Owner agrees, at no cost to the City or the District, to inspect the Facilities at least annually and also to regularly: (1) remove accumulated sediment from the Facilities to maintain dead storage volume equivalent to the volume approved by the City and the District, (2) maintain all native perennial vegetation and soil permeability in the Facilities area in a way which does not compromise the effectiveness of the infiltration Facilities, (3) maintain and trim all other shrubs and vegetation in the Facilities, (4) remove all litter and debris from the Facilities, (5) repair or replace any grass or other vegetation in the Facilities area disturbed by maintenance, (6) maintain the Facilities outlet structures, (7) take all other further steps which would be reasonably necessary for the purpose of maintaining the Facilities and their function as set forth in the approved plans; and (8) to submit to the District and the City annually a report listing inspection dates, the Facilities inspected, the condition of the Facilities, and any actions taken, including the dates of those actions. 4. The Owner agrees to indemnify, and hold harmless and defend the City and the District from all present and future claims that may arise from the construction and maintenance of the Facilities. 5. In the event that the City or the District believe that the Owner is not maintaining the Facilities in a fashion reasonably consistent with this Agreement, then either the City or the District may give written notice to the Owner detailing the deficiency in the manner in which the Owner is maintaining the Facilities. If, within 60 days after receipt of this notice, the deficiency described in the notice has not been corrected by the Owner, then either the City or the District 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 or the District corrects the deficiency, the Owner agrees to reimburse the City or the District, as the case may be, within 30 days after receipt of invoice for all reasonable costs incurred, to include administrative overhead, by the City or the District 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 Property. In the event that it becomes necessary for the City to assess the actual cost of correcting the 2011 Eagle Brook Church Stormwater Facilities Maintenance Agreement page 2 of 6