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system start-up each spring. Notwithstanding the foregoing, in no event shall the City Outlots be <br />subject to assessment for such costs. <br />7. Default. In the event the HOA fails or refuses to maintain, repair and/or operate <br />the System or the Pumps as required herein, the HOA shall correct the deficiency within thirty <br />(30) days after the City gives written notice to the HOA specifying the deficiency, or as .soon as <br />weather permits. If the HOA fails to timely correct the deficiency, then the City may, with ten <br />(10) days written notice and without regard to the formalities of Minnesota Statutes Chapter 429, <br />perform sµch work to maintain; repair, and/or operate the System and assess each Lot within the <br />Oneka Place residential community for the cost of such work. This section is in addition to any <br />requirements from the Encroachment and Maintenance Agreement recorded with the County <br />Recorder for Washington County as document number 4044872. <br />8. Credits. The HOA recognizes the City's intent to use any excess volume and <br />water quality credits created by the System as a means of meeting volume and water quality <br />requirements for City road and other projects under Rice Creek Watershed District stormwater <br />management rules. Notwithstanding the foregoing, the HOA has no obligation to create any <br />such excess credits or to operate the System in any manner other than in accordance with the <br />requirements of this Agreement. <br />9. Plans. The HOA .shall submit to the City as -built drawings of System showing <br />all lines, including service connections with original system, location of all underground <br />structures, location and types of valves, description of conditions that require valves to be open <br />or shut, and the location(s) of drain plug/cleanout sump(s). Future services will be shown on <br />individual house building permit plans. <br />10. Miscellaneous. This Agreement contains the entire agreement between the City <br />and the HOA regarding the subject matter hereof. This Agreement may be signed in any number <br />of counterparts, each of which shall be considered an original, but which together shall constitute <br />one and the same instrument. This Agreement may be amended only by a written instrument <br />signed by the parties hereto. This Agreement shall run with the land. <br />[Signature and Acknowledgement Page Follows.] <br />3 <br />520491A LMW PR175-84 <br />