2003-091 Council Resolution - Laserfiche WebLink

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(7) maintain soil infiltration capacity in infiltration swales, and (8) take all other and further steps which would be reasonably necessary for the purpose of maintaining the stormwater management feature. 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 Pond. 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 of 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, 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 real 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. 6. That any notices required under this agreement shall be sent by certified mail, return receipt requested, or by personal service at the following address: Robert A. Mueller 1283 Mound Trail Centerville, MN 55038 FURTHER, IT IS AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the property here described. An executed copy of this agreement shall be filed with the Anoka County Recorder's Office/Registrar and be made a part of and be binding upon the above described property. This instrument will be unlimited in duration without being re- recorded. page 2 of 3