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Home My WebLink About1996-12-01 Septic System Upgrade AgreementCITY OF ORONO HENNEPIN COUNTY, MINNESOTA SEPTIC SYSTEM UPGRADE AGREEMENT FOR -T"l,,,t,o f %, W. C)3N.-C-MC5.) Al . Fle- rP r,j ?,,,,a , OeD00i MA) 67537/ (Property Owner's Name) (Address) THIS AGREEMENT, Made and entered into this Pfr3� day of L��t1 b C ✓ %, by and between the City of Orono, a municipal co ration organized and r the laws of the State of Minnesota (hereinafter called "City"), and W gp their heirs, successors and igns, (hereinafter called "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the owner of certain property and has made application to the Cit, 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 1997 construction year; and Initials of Property Owner Initials of City Clerk. Page 1 of 5 NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. PropsM 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"): 2. Issuance of Building. Permit for Propcy 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. Sqaic System Uparade: 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 ProF.rty Owner Q Initials of City Clerk .AL Page 2 of 5 r� 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 and attached to this agreement as Exhibit B (the "Septic Improvements"). 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 deposited with the City at the time of the execution of this agreement an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit 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 letter of credit shall not be reduced before substantial completion of the Septic Improvements. The term of the letter of credit shall be a period of one year. City shall return the letter of credit to Property Owner upon acceptance of the Septic Improvements. 7. Bin ' g 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. S. 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 City Notice to PropcM Owner City of Orono W, d SDh Clerk/Administrator UI P.O. Box 66 /V . Fe-r rid a-te. C� Crystal Bay, MN 55323 OA--v00 S3gi Initials of Property Owner 7WJD Initials of City Clerk Page 3 of 5 y 9. 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, 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 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. 11. 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 letter of credit 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. Page 4 of 5 IN WITNESS WHEREgF, the City and Property Owner have caused this agreement to be duly executed on the day and yelar first above written. CITY OF ORONO By: �1 !ZBv: %l. _ (City cte -) STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrume r m bee- _, 19- & City Clerk of the City of Orono, a executed on behalf of the City. TY OWNER(S) By. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) (c a fore oing instrument I99X byLWA [97MOW FURC- M�IE.i' OU MMN CCIA r W CAn 11010 6Phu JXL 31.2000 Reviewed for Administration: was acknowledged before me on this dad of by ri.,od J. Calt• e —, to & he r. A, rd •Null • rl . Mayor Minnesota municipal corporation and said instrument was Notary Public And: is acknowledged before me on J, C r'rn be r 9 �clSr,� �1��i/l•• ct' -� 1 NOTARY PUBI.IC Date: /P%/_!U — By: � 1(?ity Official) Page 5 of 5