HomeMy WebLinkAboutSeptic system upgrade agreemente,
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CITY OF ORONO
HENNEPIN COUNTY, M NESOTA
SEPTIC SYSTEM UPGRADE AGREEMENT FOR
71- loM A-5 A AjyQ MAR6ttAR, Al CV IVN 5
(Property Owner's Name)
1.473 Ba Ride Road
(Address)
THIS AGREEMENT, Made and entered into this %' 7 �7d day of
by and between the City of Orono, a municipal
corporation organized finder the laws of the State of Minnesota (hereinafter called "City"), and
7—# o m,4S F-: ADD A . 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 on Exhibit "A" attached hereto and made a part hereof (the "Property");
and
WHEREAS, the septic system serving the property has been determined by the City
to be non -conforming; and
WHEREAS, the Orono Municipal Zoning Code Section 10.56, Subdivision 17 (C)
requires that "a non -conforming sewage treatment system as defined in Section 12.30 and located
within the Shoreland Overlay District must be upgraded and made conforming, at a minimum, at
any time a permit or variance of any type is required for any improvement on, or use of, the
property. Further, the non -conforming sewage treatment system provisions of Section 12.30 shall
apply to all shoreland areas"; and
WHEREAS, the Property is within the Shoreland Overlay District; and
WHEREAS, the Property Owner desires to obtain a permit for improvements to the
Property at this time but due to weather constraints cannot complete the required septic system
upgrade until the 1996 construction year; and
Initials of Property Owner — 4�7k
Initials of City Clerk Z#
Page I of 6
WHEREAS, the City Council is currently considering whether installation of
municipal -sewer is appropriate for the neighborhood which includes the Property, but has not at this
time determined whether municipal sewer will be provided to the neighborhood or to the Property.
NOW, TBEREFORE, 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"):
a. Interior remodeling.
b. Sunroom addition.
2. Issuance of Building Permit for Prop= 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. Se tic System U de• In accordance with the ordinances and requirements of the City,
the Property Owner hereby agrees to complete the required upgrade of the septic system no
later than July 31, 1996 (the "Completion Date").
Initials of Property Owner If
Initials of City Clerk
Page 2 of 6
0
4. Se tic S stem Upgrade nstallation: The design location, construction, installation and
materials for septic system upgrade shall be in accordance with plans and specifications to
be approved by the City prior to installation (the "Septic Improvements").
5. Automatic -Extension and Reconsideration-, The Property Owner may request that the City
Council reconsider the terms of this agreement if, thirty (30) days prior to the Completion
Date, the City Council has made no decision whether municipal sewer will be provided to
the neighborhood and property.
A. Automatic extension. If the City Council has not by thirty (30) days prior to the
Completion Date made a decision whether municipal sewer will be provided to the
neighborhood and the property, the Completion Date will be automatically extended
to July 31, 1997 (the "Extended Completion Date") upon receipt prior to July 31,
1996 of a one year extension of the 'discussed in. Item 6 below.
prproizrhdoce pc-posi r — , `� I -A-
B. Impact of decision to provide sewer. In the event that the City Councx p"nor to the
Completion Date (or prior to the Extended Completion Date) makes a decision to
provide municipal sewer with an expected sewer construction start within two years
of the Completion Date (or Extended Completion Date), the Septic Improvements
clause of this agreement shall be declared null and void and the City shall
immediately release the performance deposit. However, if the expected sewer
construction start is more than two- years after the Completion Date (or Extended
Completion Date), the City Council shall determine whether or to what extent Septic
Improvements shall be required and shall establish a required Completion Date if
necessary.
C. In the event the City Council prior to the Completion Date (or prior to the Extended
Completion Date) determines that municipal sewer will not be provided to the
neighborhood or the property in the foreseeable future, the Property Owner shall
complete the Septic Improvements by the Completion Date (or Extended Completion
Date) unless granted an extension by the City Council.
6. 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
provided to the City at ,the time of the execution of this agreement a performance deposit
in a form satisfactory to the City providing that the City is able to draw upon such
performance deposit in its .sole discretion to complete the Septic Improvements if the
Property Owner fails to satisfactorily complete the work prior to the Completion Date. The
amount of the performance deposit shall not be reduced before substantial completion of the
Septic Improvements. The term of the performance deposit shall be a period of one year.
City shall provide a release of the performance deposit to Property Owner and the
appropriate financial institution upon acceptance of the Septic Improvements.
Initials of Property Owner �• �'(
Initials of City Clerk
Page 3 of 6
7_ Binding 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 encumbrancers of all or any part of the property, and
all recording fees, if any, shall be paid by the Property Owner.
8. Notices: Whenever in this agreement, it shall be required or permitted that notice or
demand be given or served by either 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 Ci
Notice to Property Owner
City of Orono a S 12' h
Clerk/Administrator
P.O. Box 66 1 7 3 SAj P I i�G►9`�
Crystal Bay, MN 55323 `
9. Disclaimer by Cilya 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, materialmen,
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.
10. Hold Harmless and Indemnificationi 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.
1 1. ReM ed- 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 performance deposit by City to
remedy such default.
Initials of Property Owner ol�
�2
Initials of City Clerk
Page 4 of 6
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
i
L By:
'� By: (City e k)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this day of
ref-� 19 qCo , by F `w ,,--J r,, 6(14 u N JJ v,- c lr y /fit, N�z � 1. `�� , Mayor
& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
Notary Public
PROPERTY OWNER( �f ..-►
�L And:By:-� /�• 7dL�—
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The forging ins ent was
19SK, by
ANNETTE GRABOW
v NOTARY PUBM — MM&SOrA
HENNEPIN COUNTY
�!► Cartim Expiros Jan. 3t 2ow
41
before me on
Page 5 of 6
f•
. f-
Reviewed for Administration:
DateF (—
This document has been drafted by:
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, Minnesota 55323
ByAx'� y: P44
(City ial)
Page 6 of 6
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■ f/JIB 1 ' w a lnor►tha *� ys
matu►!ty Date My cerwicete will mature !n .1 • -
wn �� • 1 •, Renewab"lty
Mnual►ate,-of.&+te�st tterssuady411E196
"rl U y s.� YOU WI. -.AUTOMATICALLY RENEW MY CERTIFICATE
payment of Interest Interest will be pard ;„
AT MATURITY UNLESS I NOTIFY YOU OTHERWISE.
VERO�IT�{S tQNii AT WITHDf2A�f
dAL
You aye Is savings Certl irate to me M return for my eAasrt in the amount below.. * * 15 000 • OQ
My Deposit
t)Bppsr3Y(s) rtame end address - Helder number
THO��lAS R .MCCUNE 4'3001 gBO67
2150 SHEVLIN DR liedeemed amount re�ayer ldanrlticarian mrm6ar
WAYZATA MN 55391 - 5-2394
020/12196 .12.51
00515 704 Sang:# 00"2;
unL, 300 10806 711" 1:09 0000 1..91: 2 3 200611e 9 7 2
NORWESr BANKS
February 12th, 1996
City of Orono
Attn: Finance Director
P.O. Box 66
Crystal Bay, MN 55323
Norwest Bank Minnesota, N.A.
Private Banking
goo East Wayzata Boulevard
Wayzata, Minnesota 55391
Re; Septic improvements at 1473 Bay Ridge Road, Orono. I hereby assign to and
relinquish control of savings certificate number 3 6) 0 m
the amount of $15,000, as issued by Norwest Bank Minnesota, N.A. to ins e the
completion of septic improvements by the Completion Date of � 31q 6
as stated in the Septic System Upgrade Agreement. Said savings certificate is held
in safekeeping by Norwest Bank Minnesota, N.A. at 900 East Wayzata Boulevard,
Wayzata, MN 55391.
The City of Orono may draw upon these funds at any time up to six months after
the completion date specified above by providing a signed statement to Norwest
Bank Minnesota, N.A. in Wayzata by an authorized official of the City of Orono,
Minnesota, stating that Thomas R. McCune has failed to perform in accordance
with the terms of the epti System Upgrade Agreement with the City of Orono,
Minnesota dated � 1 Z 0
Ike
Thomas R. McCune
IL---Y'Y L(
Harry Cunliffe - Private Banker
Norwest Bank Minnesota, N.A.
Date:
Date: 20 Z17 6