2020-05-27 CC Packet - Laserfiche WebLink

Home Browse Search

12. If, before 25 years of operation has occurred, a property owner revokes the City's right to irrigate so that the City becomes unable to irrigate 4.2 offsite acres, or to apply the equivalent volume otherwise, the City will return grant funds to the District in the amount of $750 for each year, or part thereof, short of 25 years. Section D: Miscellaneous Provisions 13. In constructing and maintaining the Project, the City will comply with all applicable laws. This Agreement will be construed under the laws of Minnesota. District funding under this Agreement does not constrain the Project from being used to meet stormwater management requirements under a District or other permit. However, if Project capacity is to be used to meet District permit requirements, applicable rule standards must be met, including the requirement that the capacity be maintained in perpetuity. 14. Except as specified in paragraph 5, above, each party is responsible for its own acts and omissions, and the acts and omissions of its officers, employees and agents. The District's role under this Agreement is solely to provide funds to support the Project. The City is fully responsible for the means, methods and manner of constructing and maintaining the Project. This is not a joint powers agreement within the meaning of Minnesota Statutes section 471.59, and neither party agrees to be responsible for the acts or omissions of the other within the meaning of Minnesota Statutes section 471.59, subdivision 1a. However, nothing in this Agreement waives or limits any immunity, defense or limitation on liability to which either party is entitled under Minnesota Statutes, Chapter 466, or otherwise. 15. Any notices or correspondence required to be given under this Agreement will be in writing and deemed to be given if delivered personally or mailed postage-prepaid by certified mail, return receipt requested: As to the City: As to the District: City of Centerville Rice Creek Watershed District 1880 Main Street 4325 Pheasant Ridge Dr. NE #611 Centerville, MN 55038 Blaine, MN 55449 ATTN: City Administrator ATTN: Administrator or at such other address as either party may, from time to time, notify the other in writing in accordance with this paragraph. 16. If any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the holding will pertain only to that provision and will not invalidate or render unenforceable any other provision of this Agreement. 17. A party may waive any default or non-performance by the other party only in writing, and the waiver will apply only to that event and will not waive any other prior or subsequent default.