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2002-163 Council Resolution
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2002-163 Council Resolution
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12/1/2015 3:51:44 PM
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City Council
Council Document Type
Resolutions
Meeting Date
10/28/2002
Council Meeting Type
Regular
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vegetation in the System area in a way which does not compromise the effectiveness <br />of the infiltration System, (3) maintain and trim all other shrubs and vegetation in the <br />System area, (4) remove all litter and debris from the System, (5) repair or replace <br />any grass or other vegetation in the System area disturbed by maintenance, (6) <br />maintain the System outlet structure, (7) disc or aerate soils as necessary to maintain <br />soil infiltration capacity, and (8) take all other and further steps which would be <br />reasonably necessary for the purpose of maintaining the stormwater management <br />feature. <br />4. The Owner agrees to indemnify, and hold harmless and defend the City from all <br />present and future claims that may arise from the construction and maintenance of the <br />System located on the Owner's property. <br />5. In the event that the City believes that the Owner is not maintaining the Detention <br />Pond improvement in a fashion reasonably consistent with this Agreement, then the <br />City may give written notice to the Owner detailing the deficiency in the manner in <br />which the owner is maintaining the Pond. If, within 60 days after receipt of this <br />notice, the deficiency described in the notice has not been corrected by the Owner, <br />then the City may, without further notice, take any steps which it deems reasonably <br />necessary in order to correct the deficiency; provided, however, that if the deficiency <br />complained of in such notice is of such a nature that the same can be rectified or <br />cured, but cannot with reasonable diligence be completed within said 60 -day period, <br />then such deficiency shall be deemed to be rectified or cured if Owner shall, within <br />said 60 day period, commence to rectify and cure the same and shall thereafter <br />complete such rectification and cure with all due diligence. If the Owner does not <br />rectify or cure as provided herein, and the City corrects the deficiency, the Owner <br />agrees to then reimburse the City within 30 days of receipt of invoice for all <br />reasonable costs incurred, to include administrative overhead, by the City in <br />correcting the deficiency. If this invoice is not paid within 30 days of receipt, or the <br />Owner has not commenced an action to contest the reasonableness of the invoice, <br />then the Owner agrees that the City may assess the cost against the Owner's property. <br />In the event that it becomes necessary for the City to assess the cost of correcting the <br />deficiency as provided herein, then the City is authorized to direct the County <br />Assessor to certify this assessment against the Owner's real property described above, <br />and the Owner waives any right to a public hearing and appeal of such assessment <br />which may statutorily or constitutionally provided for. <br />6. That any notices required under this agreement shall be sent by certified mail, return <br />receipt requested. or by personal service at the following address: (David Schreier, <br />Emergency Apparatus Maintenance, 7512 4th Avenue, Lino Lakes MN 55014) <br />FURTHER, IT IS AGREED that the provisions of this agreement shall be binding upon and <br />enforceable against the parties hereto, their successors and assigns and all subsequent owners of <br />the property here described. An executed copy of this agreement shall be filed with the Anoka <br />County Recorder's Office/Registrar and be made a part of and be binding upon the above <br />described property. This instrument will be unlimited in duration without being re-recorded. <br />
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