08-12-2024 CC Agenda Packet - Laserfiche WebLink

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DRAFT 3 225037v3 C. In the event a maintenance schedule for the Relocated Stormwater Facility (including sediment removal) is outlined on the Plans, the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. Inspection and Reporting. At its sole cost and expense, Owner shall cause the Relocated Stormwater Facility to be inspected and submit an inspection report to the City annually, and as required by MCWD. The purpose of the inspection is to assure safe and proper functioning of the Relocated Stormwater Facility. The inspection shall cover the entire facility, including berms, inlet and outlet structure, pond areas, buffers, and all other features. Deficiencies shall be noted in the inspection report. The Relocated Stormwater Facility will be considered inadequate if it is not compliant with all requirements of MCWD or the City. 4. City Access and Maintenance Rights. A. Owner hereby grants a license to the City, its authorized employees, contractors, and, to enter upon the Property and to inspect the Relocated Stormwater Facility whenever the City deems necessary. The City shall provide Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event Owner, its successors or assigns, fails to maintain the Relocated Stormwater Facility in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City’s notice shall specifically state which maintenance tasks are to be performed. The City may charge Owner for the City’s costs for such repairs. If Owner fails to pay such costs within 30 days after notice from the City, the City may specially assess the City’s costs against the Property to be collected with Owner’s property taxes. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Relocated Stormwater Facility, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. Owner expressly agrees to defend and hold the City harmless from any such third-party claim. 5. Grant of Easement. Owner shall grant to the City, its successors and assigns, a permanent non-exclusive easement for the Relocated Stormwater Facility as is set forth in that certain Grant of Permanent Easement for Drainage Purposes, of even date with this Agreement, which is filed of record in the Office of the Hennepin County Registrar of Titles as Document No. , and is in substantially the form of Exhibit C. 6. Reimbursement of Costs. Owner agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion of this Agreement, including court costs and reasonable attorneys’ fees. 7. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. Owner shall indemnify and hold harmless the City, its officials, employees, contractors, 145