2016.05.16 CC Packet - Laserfiche WebLink

Home

provided, however, that the HOA may assess the costs incurred under this Agreement to the Lot owners pursuant to the governing documents for the Clearwater Cove residential community. The HOA shall coordinate full -system draining and blow-out for winterization purposes. Maintenance, inspection, and testing shall adhere to operation and maintenance guidelines as set forth by the Metropolitan Council Stormwater Reuse Guide -2011 as identified on Exhibit C. It shall be the HOA's responsibility to ensure water quality is adequate for irrigation prior to system start-up each spring. Notwithstanding the foregoing, in no event shall the City Outlots or the Horton Lots be subject to assessment for such costs. 7. Default. In the event the HOA fails or refuses to maintain, repair and/or operate the System or the Pumps as required herein, the HOA shall correct the deficiency within thirty (30) days after the City gives written notice to the HOA specifying the deficiency, or as soon as weather permits. If the HOA fails to timely correct the def ciency, then the City may, with ten (10) days written notice and without regard to the formalities of Minnesota Statutes Chapter 429, perform such work to maintain, repair, and/or operate the System and assess each Lot within the Clearwater Cove residential community for the cost of such work. This section is in addition to any requirements from the Encroachment and Maintenance Agreement recorded with the County Recorder for Washington County as document number 4044872. 8. Credits. The HOA recognizes the City's intent to use any excess volume and water quality credits created by the System as a means of meeting volume and water quality requirements for City road and other projects under Rice Creek Watershed District stormwater management rules. Notwithstanding the foregoing, the HOA has no obligation to create any such excess credits or to operate the System in any manner other than in accordance with the requirements of this Agreement. 9. Plans. The HOA shall submit to the City as -built drawings of System showing all lines, including service connections with original system, location of all underground structures, location and types of valves, description of conditions that require valves to be open or shut, and the location(s) of drain plug/cleanout sump(s). Future services will be shown on individual house building permit plans. 10. Miscellaneous. This Agreement contains the entire agreement between the City and the HOA regarding the subject matter hereof. This Agreement may be signed in any number of counterparts, each of which shall be considered an original, but which together shall constitute one and the same instrument. This Agreement may be amended only by a written instrument signed by the parties hereto. This Agreement shall run with the land. [Signature and Acknowledgement Page Follows,] CORFJ2008719.038311 I4949063.5