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HomeMy WebLinkAboutSeptic System Upgrade Agreement CITY OF ORONO HENNEPIN COUNTY, MINNESOTA SEPTIC SYSTEM UPGRADE AGREEMENT FOR (Pr erty Owne s Nam-11 (Address) /-THIS AGREEMENT/, Made and entered into this �� day of D Ue b—&-c , 2l3 D b ,by and between the City of Orono,a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City"), and their heirs, suoLssor4na assig s, (her after 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, 1180 WMdmere Road. 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,but due to weather constraints cannot complete the required septic system upgrade until the 2007 construction year; and NOW,THEREFORE,in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Property Improvements: 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"): Initials of Property Owner Page 1 of 4 w 2. Issuance of Building Permit for Property Improvements: The City agrees to issue a building permit for the Property Improvements at this time, subject to conformance with all current City standards and ordinances for all applicable work. 3. Septic System Upgrade: In accordance with the ordinances 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"). 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: For the purposes of assuring to the City that the Septic Improvements will be completed according to the terms of this agreement, the Property Owner has deposited with the City at the time of the execution of this agreement a certified check satisfactory to the City providing that the City is able to cash the check in its sole discretion to complete the Septic Improvements if the Property Owner fails to satisfactorily complete the work prior to the Completion Date. City shall return the check to Property Owner upon final inspection approval of the Septic Improvements. 6. Bindin Effect:ffect: The terms and provisions here of 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 encumbrancers 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 either parry 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. Initials of Property Owner4+ Page 2 of 4 N r 8. Disclaimer by City: It is understood and agreed that the City,the City Council,and the agents and employees of the City 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. 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: Li c-"A-S 5 cA HsEL-l.. Initials of Property Owne Page 3 of 4 { STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this day of NO V&tjC3C—R-- , 200�, by JULIET CLAIRE MASSIE Notary Public Minnesota No Public M Commission Ex fres Janua 31 2011 PROPERTY OWNER(S) N By: An Q — U STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument s kn wledged before me on /� NOVEmpoe-j. , 2 , by Zoo 6 JULIET CLAIRE MASSIE Wo Notary Public Minnesota M Commission Expires January31 2011 N TARY PUBLIC This document has been drafted by: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, Minnesota 55323 Initials of Property Owner 1(— Page 4 of 4