Laserfiche WebLink
<br />d. If the structure is not being maintained in accordance with this declaration, the RCWD may <br />give written notice detailing the deficiency. On such notice, CITY will promptly inspect the <br />structure or improvement and take maintenance action in accordance with this section. <br /> <br />5. RCWD permits for specific projects may contain additional inspection and maintenance conditions as <br />the RCWD may find warranted under the circumstances of a specific permit. <br /> <br />6. If CITY conveys into private ownership a fee interest in any property that has become subject to this <br />Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser record a <br />declaration on the property incorporating the requirements of this Agreement; and (b) that recordation <br />occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a <br />subordination and consent executed by the encumbrance holder ensuring that the declaration will run <br />with the land in perpetuity. If CITY conveys into public ownership a fee interest in any property that has <br />become subject to this Agreement, it shall require as a condition of the purchase and sale agreement <br />that before closing, the purchaser execute an agreement with the RCWD assuming the obligations of <br />this agreement and releasing CITY from same. <br /> <br />7. This Agreement may be amended only in a writing signed by the parties. <br /> <br />8. This Agreement is in force for five years from the date on which it is fully executed and will renew <br />automatically for five-year terms unless terminated. Either party may terminate the Agreement on 30 <br />The terms of this Agreement are incorporated into any future permit <br />issued to the CITY by explicit reference to this Agreement under the maintenance conditions of that <br />permit. Any obligations vested in CITY through incorporation into an issued permit before the effective <br />date of termination of this Agreement will survive expiration. <br /> <br />9. The recitals above are incorporated as a part of this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement. <br /> <br />RICE CREEK WATERSHED DISTRICT <br /> <br /> <br />By ___________________________________ Date: <br />Nick Tomczik <br /> Its Administrator <br /> <br />Approved as to form and execution <br /> <br /> <br />By ___________________________________ <br />Its Attorney <br /> <br />3 <br />Qbhf!2::!pg!335 <br /> <br />