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Home My WebLink AboutSeptic upgrade agreement Feb-22-2002 02:28pm From-CITY OF ORONO +9522494616 T-T43 P 002/005 F-462 � CITY OF O�tONO HENNEY'TN COUNTY, MT1�N]{�SOTA SEPTIC S'YST�M UPGR�DE AGY2EIEMENT FOR - � � ��, � , Y (Prop rty Ov►v er s Nam�'► I � .' '= v i u�.�' (Address) TT�IS AGR�LM�NT, Made and enterecC into this �_ day of , ��J/, by and between the Ciry af Orono, a municipal co tion r ' ed de� ws � he �u of Minn � ota (hereinafcer called "Ciiy"), and � , , their heirs, successors d assigns, (her i er called "Propf�rty er"). WITNESSETH: �VV�HEREAS, the Property O�wner is the owne•�r of certain properry and has made application to the Cit� of Orono for a buildin� ��ermit to cor�;;truct improvements on the property at 44d Brown Road South, such real property legally describ�.,d as: Lot 3, Block 1, Stronghold Addition., H�;nnepin County, Minnesota; and W�T�Y2EAS, the septic system serving the pro��rty has been determined by the City to be non-compliant; and WHET�AS, the Property Ovv�ier desires to obtain a building pennit for improvements to the Propert�, which include t��drooms or water using appliances, but due to weather constraints cannot complete the required septic system upgrade until the 2002 sprin�su�nmer constniction season. NOW, T�-TEREFORE, in consideration of the premises and o!'the mutual promises and conditions hereinafrer contained, it is hereb}� agreed as ff:,llows: 1. Property improvements: In accordance with the pol:icies and ordinances of tlie City, the following described private improvements are propos�:�d to be constructed by the Propercy Owner or his/her contractor, who has a��plied to the City for a building permit for said private property improvements (the "Proper�y Improv�:ments"): Tnitials of P.roperty Owne Initials of City Clerk Pa�;e 1 of 4 Fe6-22-2002 02:2Bpm From-CITY OF ORONO +9522494616 T-743 P.003/005 F-462 2. Zssuance of�3ui�din� Permit for Propeny Yrnnrovements-. The City agrees to issue a building perrnit for the Property Impxovements at this tiine, su�ject to conformance with all current City standards and ordinances for all applicable work. 3. Septic System T]p�rade; Yn accordance with the ordir�ances and requirements of the Ciry, the Properry Owner hereby agrees to complete the requ9red replacement of the septic system no later than August 31, ?002 (the "Completion Date'''�. 4. Sentic Svstem Up�;rade Installation: The design loc ation, construction, installation and materials for septic system upgrade shall F�e in accordaYice with the plans and specifications approved by the City. 5. Performance Deposir For the purposes of assuring to tfie City that the Septic Improvements will be completed accordin� to the tenns of this �x�reeinent, the Property Owner has deposited with the City at the time of tl�e execution of tliis agreement a certified check satisfactory to the City providing that the c'�ity is able t�h cash the check in its sole discretion to complete the Septic Tmprovements if tlie property (ivcmer fails to satisfactorily complete the work prior to the Completion Date. City shall retticn the check to Properry Owner upon final i��pection appro�val of the Septic Improvements. 6. Bindin E�ffect: The terms a.nd provisioiis hereof sh�u11. be binding upon and inure to the beneft of the heirs, representatives, succt�ssors and a:signs of tlie parties hereto and shall be binding deemed covenants running with thc land. �Zeferences herein to Properry Owner, if ch�re be more than one, shrzll mean �ach and all of them. This agreement shall be executed by the Property Owner and Cit� and shall be placed of record so as to �ive notice hereof to subsequent purchasers and encumbrancers oc`' all or any part of the property, and all recording fees, if any, shall be paid b;y the Propen.;y Owner. 7. Notices: Wllenever in tlus agreement, it shall be �equired or permitted that notice or demand be given or served b� either party to tlus a�r�:ement to or on the other party, such notice or demand shall be delivered per:�onall� or m.;:►iled by �Jnited States certifed mail (return receipt requested) to the addresses set forch bel��w. Such notice or demand shall be deemed timel}� given when delivered pers<�na11y or when deposited in the mail in accordance �vith the above. N'�tice to City Notice,tc� Propertv Owner Cit� of Orono . CJ ti Jl� ClerklAdministrator /�,�,,��,�-, /� ,,/ � P.O. Box 66 �� 1�1''�"/'l- V'�.GC -S' Crystal Ba�, MN 55323 � n � � � Inivals of Property Owner��o;L� Tnitials of City Clerk Pa�;e 2 of 4 Fe6-22-2002 02:28pm From-CITY OF ORONO +9522494616 T-T43 P.004/005 F-462 8. Disclaimer Uy City: It is understood and agreed that the City, the City Council, and the agents and emplo�ees of the Cit� shall not be personally liable or responsible in any manner to the Propeny Owner or the Property Uwner's conta�ctors, subcontractors, materi.almen, laUorers, or any other person, frm or cor�oration, for any debt, claim, d�mand, dama�es, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this a�reement or the performfince and cor��lpletion of the Septic Impro�vements. 9. Hold TTarmless and Yndemnification: Tbe l'roperty Owro�r shall indeinnif� and hold harmless the City, the City Council, and the agents and emploj��,es of the Ciry f'rom and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and a�ents and employees of the City ma5� suffer or fo�• which it may be held liable, arising out of or resulting from the assertion a�<<inst them o�' any claims, debts or obligations in consequence ol' the performance of this abreement b� tlie Property Owner, its employees, agents or subcontractors, whether or not c:aused in pa�-t by a party indemnified her.etulder. 10. Remedv for l�efault: Default by the Property Owner coi' an� of the terms �f this agreement shall automatically result in the suspension or withholdi iig of all permits, licenses, occupancy certifcates or other authorizations issued by the City �n cannection with the property, and may, at City's sole discretion, give rise t� a draw up�iz the check by City to remedy such default. A. The Properry Owner hereby grants to the City, i�s a�ents and its emplayees, the righc to enter on the Property for the s��eci�ic purpose of constructing or completing the Septic Tmprovements should the; Property d:)wner not camplete tliose Septic Iinprovements by the Completion Date. Ii. The remedies afforded to the City �xnder this Se:�on sha11 be in addition to any other remedies which the Cit� may be e.ntitled by la��v or equity or other agreement. Yl� 'WYTNESS W�T�REOF, the City and Prapert� O��ner have caused this ae eement to be dul� executed on the day and ��ear first above v�ritten. CITY Or ORONO By: By:_. (Ma�or) (Ciry Clerk) Inivals of Property Ov�me��!�'" m�`� Initials of City Clerk 1�a�;e 3 of 4 Fe6-22-2002 02:29pm From—CITY OF ORONO +9522494616 T-743 P.005/005 F-462 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing insmunent was a owledge b ore me on this � day of � 20d',�� b�' � �fap�- � �� . ,� . _., MAUP,EEN P. OSHEA � ��i �� NOTARY FUBLI�-MI^JNESOTA � ;' HENNEPlN COUNTY � `�""� a ' ' My Comm.Expires Jan.31,zoos Notary Publi.c pROP�RTY O�JNER(S) By: � �� And: .��-�-- STAT� 0�' MINNESOTA ) ) ss. CO�UN'TY OF HENNEPIN ) The foregoin� instrument was acl:nowledged beft>re me on , 2002, by NOTAhY PUBLIC �eviewed for Administration: Date: �3y:_. (City Offic�al) This document has been drafted by: City of Orono 2750 K.elley Parlcway P.O. Box 66 Crystal Bay, Minnesata 55323 Initials of Propeny Owners��/ �('jy�-� Initials of City Clerk Pa�� 4 of 4