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2 <br />reasonable times for that purpose. The RCWD will provide notice before entry and exercise due <br />care to avoid damage to the Property. Within thirty (30) days of receipt of invoice the RCWD <br />shall be reimbursed for all costs incurred in correcting the deficiency, including administrative <br />overhead and reasonable attorneys' fees. <br /> <br />6. Any notice under this declaration shall be sent by certified mail, return receipt requested, or <br />delivered to the following address: <br /> <br />City Administrator <br />City of Hugo <br />14669 Fitzgerald Avenue North <br />Hugo, MN 55038 <br /> <br />City may change this address by a certified letter to the RCWD referencing the permit number. <br /> <br />7. If City conveys into private ownership a fee interest in all or any portion of the public property <br />that is subject to this Agreement, it must require as a condition of sale, and enforce: (a) that the <br />purchaser record a declaration on the property incorporating the maintenance requirements of <br />this Agreement; and (b) that recordation occur either before any encumbrance is recorded on <br />the property or, if after, only as accompanied by a subordination and consent executed by the <br />encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City <br />into public ownership a fee interest in all or any portion of the property that is subject to this <br />Agreement, it must require as a condition of the purchase and sale agreement that the <br />purchaser accept an assignment of all obligations vested under this Agreement. <br /> <br />8. This Agreement is in force for five years from the date on which it is fully executed and will <br />renew automatically for five-year terms unless terminated by the parties. This Agreement may <br />be amended only in a writing signed by the parties. <br /> <br />9. The recitals are incorporated as a part of this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement. <br /> <br />RICE CREEK WATERSHED DISTRICT <br /> <br />By _______________________________ Date: <br /> RCWD Administrator, Nicholas Tomczik <br /> <br /> <br />CITY OF HUGO <br /> <br />By: _______________________________ Date: <br /> Its ________________________ <br /> <br /> <br /> <br /> <br />