2011-082 Council Resolution - Laserfiche WebLink

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• • below; and the City of Lino Lakes, a political subdivision of the State of Minnesota, hereinafter referred to as "City ". WHEREAS, the legal description of the property, hereinafter referred to as "the Property ", is: Lot 1, Block 1, THE VILLAGE NO. 3, Anoka County, Minnesota, subject to easements, reservations and restrictions of record if any. and, WHEREAS, the City has required the Owner to provide onsite stormwater ponds and associated facilities to manage runoff on the above described Property and do all related grading, slope work, and restoration in compliance with approved plans, and WHEREAS, the Lino Lakes City Council approved a Planned Unit Development Final Plan for the initial construction of the YMCA facility on the property with Resolution 06 -09 on the 23rd day of January 2006, and WHEREAS, the City of Lino Lakes administratively approved a Site Plan Review for a Parking Lot Expansion on the property on the 5th day of August 2011. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for onsite stormwater ponds, ditches and associated facilities (System) which are to be constructed to comply with the approved plans and Resolution 06 -09 for the purpose of receiving, retaining, treating and transporting all storm water which may be collected within the System. 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 to maintain dead storage volume equivalent to the volume approved by the City, (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, (6) maintain the System outlet structures, and (7) 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.