05-24-1993 CC & WS - Laserfiche WebLink

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2. Association Maintenance and Repairs. The Association agrees to perform all long-term maintenance, repair, and replacement of the Road, including but not limited to: repaving, resurfacing, overlays, major improvements, and all maintenance not provided for in Paragraph 1. The Association is also responsible for snow removal and clearing of driveway cuts after plowing by the City. If the Association fails to perform any of these obligations, the City may make a written demand on the Association to perform the work. If the Association fails to commence the performance of the work within 30 .days after the demand, the City will perform the work on behalf of the Association. The Association may also petition the City to perform the work required to be performed by the Association under this Paragraph. All costs and expenses of any such work performed by the City, whether performed after a petition of the Association or after a written demand by the City, including but not limited to City staff time and any attorneys' fees incurred by the City, will be assessed among the units owned by the Association members in accordance with the applicable provisions of Minnesota law governing public improvement projects. By entering into this agreement the Association grants to the City and its agents or subcontractors, the right to enter the property to perform such work. 3. City Traffic Regulation. The Association agrees that the City may apply and enforce parking, speed, and traffic regulations for all traffic on the Road, including the posting of traffic regulation signs on the Property. The City agrees that if it installs any traffic regulation signs on the Property, it will do so at the City's expense. The City in its sole discretion will determine what traffic regulations are reasonable and necessary. 4. No Public Street. Except as provided in this agreement, the City has no obligation to maintain the Road. Nothing in this agreement is intended to operate as a dedication of the Road to the public. The Association expressly agrees that the Road is a private road and waives and releases any claim that the City has a duty or obligation to maintain the Road except as provided in this agreement. 5. Termination. This agreement shall continue indefinitely, except that either party to this agreement may cancel this agreement if the other party fails to cure any default by such other party under this agreement within 30 days after receiving written notice from the non-defaulting party; provided that a refusal by the Association to undertake the repairs and maintenance referred to in Paragraph 2 shall not constitute a failure to cure a default under this Paragraph 5. Any notice required by this agreement may be mailed or delivered to the parties at the following addresses or such other address designated in writing by the intended recipient. 2 1