The URL can be used to link to this page

Home My WebLink Aboutseptic system upgrade agreement-2007 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA SEPTIC SYSTEM UPGRADE AGREEMENT FOR James & Judy Pierpont (Property Owner's Name) 1940 Sixth Avenue North (Address) � THIS AGREEMENT, Made and entered into this �-�day of J(,�i c� , ��b� ,by and between the City of Orono,a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City"), and .��i n,i P i Pi"pb n+ J t.;c�t i -�� f�, F�'��'�'i f , their heirs, successors and assigns, (hereinafter called "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the owner of certain property and has made application to the City of Orono for a building permit to construct improvements on such real property legally described as, 1940 Sixth Avenue North. WHEREAS,the septic system serving the property has been determined by the City to be non-compliant; and WHEREAS,the Property Owner desires to obtain a building permit for improvements to the Property, which include bedrooms or water using appliances, NOW,THEREFORE,in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Propert.�provements: In accordance with the policies and ordinances of the City,the following described private improvements are proposed to be constructed by the Property Owner or his/her contractor, who has applied to the City for a building permit for said private property improvements (the "Property Improvements"): 2. Issuance of Buildin� Permit for Property Improvements: The City agrees to issue a building `,;� Initials of Property Owner �� :,/ Page 1 of 4 permit for the Property Improvements at this time, subject to conformance with all current City standards and ordinances for all applicable work. 3. Septic S_ystem U� r�ade: In accordance with the ardinances and requirements of the City, the Property Owner hereby agrees to complete the required replacement of the septic system no later than September 30, 2007 (the "Completion Date"). . , -_..__ '-Z— �2�(„�zh �....�``�.��.:,t� c `� '>�..-�-t r�.1 . .i � � � �� 4. Septic System Upgrade Installation: The design location,construction,installation and materials � � for septic system upgrade shall be in accordance with the plans and specifications approved by the City. ��'� 5. Performance Deposit r the purposes of assuring to the City t e Septic Improvements will be completed according to terms of this agreement �roperty Owner has deposited with the City at the time of the execu ' of this agr�ecr�ent a certified check satisfactory to the City �.-.�providing that the City is able to cas, �� e check in its sole discretion to complete the Septic Improvements if the Property..Owner fails satisfactorily complete the work prior to the Completion Date. City�hall return the check to Pro wner upon final inspection approval of � � the Septic Imprq�eY�ents. 6. Bindin�Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Property Owner,if there be more than one, shall mean each and all of them. This agreement shall be executed by the Property Owner and City and shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the property,and all recording fees,if any,shall be paid by the Property Owner. 7. Notices: Whenever in this agreement, it shall be required or permitted that notice or demand be given or served by eitller party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail(return receipt requested)to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to Citv Notice to Property Owner City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 8. Disclaimer by Cit� It is understood and agreed that the City,the City Council,and the agents a � Initials of Property Owner- • Page 2 of 4 A employees of the Cit��shall not be personally liable or responsible in any manner to the Property Owner or the Property Owner's contractors, subcontractors, materials, laborers, or any other person,firm or corporation,for any debt,claim,demand,damages,actions,or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Septic Improvements. 9. Hold Harmless and Indemnification: The Property Owner shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable,arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Property Owner, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 10. Remedy for Default: Default by the Property Owner of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the Property,and may,at City's sole discretion, give rise to a draw upon the check by City to remedy such default. A. The Property Owner hereby grants to the City, its agents and its employees, the right to enter on the Property for the specific purpose of constructing or completing the Septic Improvements should the Property Owner not complete those Septic Improvements by the Completion Date. B. The remedies afforded to the City under this Section shall be in addition to any other remedies which the City may be entitled by law or equity or other agreement. t n Initials of Property Owne - Page 3 of 4 �' IN WITNESS WHEREOF,the City and Property Owner have caused this agreement to be duly executed on the day and year first above written. CITY OF ORONO By; �.�C�.L w-�..� ��Oc��R__ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this �� day of _I ��!�i , 20�� , bY -f;�-�-,�l ��c,� & —T �� CHRISTiNE M.MATfSON C i ��,��`�Il� ��V� U'� '�� NOTARY PUBUGMINNESOTA Notary Public ? � i�r Cqnw�eion E,�prea Jan.91,200e >•.a aA/+��fNv,t�s�AI��A�bNVIAhiYlArt= PROPERTY OWNER(S) . �_ ______-_ . , .�- � � .-. By: �� And: ' ' , _�, _, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � �.,�i .y The foregoing instrument was acknowledged before me on � ��y �.� J C�,��/ 200�, by ' ,'r-v� � r t:� ;�b, ,�i-� � ��7�y i f J CU��u� ��. NOTARY PUBLIC :;�.d ■ This document has been drafted by: ; CHR1STiNE M.MATT30N1 . City of Orono e� ►�107/iRRVPUBI�C-MIN�&07a 2750 Kelley Parkway �� • "�0opi�"OR��"��'��0° P.O. Box 66 ""'! '` " Crystal Bay, Minnesota 55323 Initials of Property Owner� � Page 4 of 4 �