08-27-2018 Council Packet - Laserfiche WebLink

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(so that the collective lot owners' cumulative liability for maintenance costs of Developer's Utilities is 100%), in perpetuity. 4. Provision of Space for Mailboxes and Refuse Collection. Developer shall provide space for the installation of mailboxes along the Driveway within the Orono Right of Way, and not along Old Long Lake Road, for each of the lots which comprise the Subject Property as well as space for a mailbox for each of the properties which are accessed via the Orono Right of Way abutting the Subject Property. Developer shall also provide the necessary space to allow for refuse collection for each of these properties to occur along the Driveway within the Orono Right of Way, and not along Old Long Lake Road. 5. City Access. Should Developer fail to maintain the Driveway or Developer's Utilities as contemplated in this Agreement, Long Lake or Orono shall provide Developer with notice of this failure and a reasonable opportunity to cure. Should Developer fail to cure the maintenance violation within the reasonable period of time provided by the applicable city, and in addition to any other legal or equitable remedies maintained by the applicable city/cities, Developer hereby consents to allow Long Lake and/or Orono to enter the Subject Property and grants access to the Driveway and Developer's Utilities located within the Subject Property or in the Orono Right of Way to abate such violations. Developer further agrees that the Long Lake may then assess any and all costs of that abatement to the individual subdivided lots within the Subject Property, and Developer on behalf of itself and the subsequent owners of said lots hereby waives any right of appeal to such an assessment pursuant to Minn. Stat. § 429.081. 6. Internal Sprinkler Systems Required. Due to access restrictions on the Subject Property, it is a requirement of the Long Lake Fire Department that all homes constructed on the Subject Property after final plat approval be equipped with internal fire sprinkler systems. Each such system must be approved by the Long Lake Fire Chief. It shall be the responsibility of Developer and the subsequent owners of the individual subdivided lots to maintain, to Fire Code standards, the internal fire sprinkler systems on their respective properties. 7. Indemnification. Developer, and its successors and assigns, agrees to indemnify, hold harmless and defend Long Lake and Orono, from any loss, claims, damages, actions, lawsuits, costs or expenses, including reasonable attorneys' fees arising from or directly related to Developer's failure to fulfill its maintenance obligations under this Agreement, unless such damages are the result of a city's negligence or willful misconduct, in which case the city responsible for the negligence or willful misconduct shall indemnify the other parties to this Agreement. 8. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Developer: Green Mavericks, LLC Attn: James Koch, President -3-