Resolution 2014-40 - Need Fully Executed Agreement

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The City agrees to issue all right -of -way work permits and other City permits necessary for completion of the work. 3. The County has by Quit Claim Deed recorded December 20, 2012 quit claimed to the City the County's interest in certain Permanent Access and Drainage Easements previously conveyed to the County, which easements constitute the County's right -of- way for the Drive (the "Drive Right -of- Way ") . The Parties acknowledge and agree that the date of City acceptance of such conveyance shall be the date of City signing of the certificate required by Section 4, below. 4. Once the Drive rehabilitation is complete and both Parties have given final inspection approval, the Parties shall sign a certificate of acceptance which shall confirm the date of completion and mutual acceptance of the rehabilitation of the Drive. Effective upon the date of City signing of such certificate, the City shall be the owner of the Drive improvements and Drive Right -of -Way. 5. Upon completion and final inspection approval of the Drive by both Parties, and upon expiration of the County's warranty obligations, the City will maintain the Drive to a level of service determined by the City. Such service will include, at a minimum, snow removal, regular surface maintenance (filling potholes, crack filling) and any other surface treatment as the City determines necessary to maintain a reasonable driving surface. City maintenance will be for the portion shown on Exhibit "A ", labeled thus. 6. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and the County and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the City and the County and not for the benefit of any other party. 7. City rules and regulations shall govern public use of the Drive. Nothing herein shall constitute or require acceptance of the Drive as a public street within the City street system. 8. The term of this Agreement is intended to be perpetual from the date it is executed, but nothing herein shall be construed to limit the City's exercise of any lawful power, including without limitation the exercise of its police power respecting control over public or private streets or drives, or any City right to terminate this Agreement in the exercise of any such lawful power. Nor shall this Agreement be construed to prohibit any reconfiguration, replatting, acceptance, vacation, reconveyance or other change to the Drive in the manner authorized by law. 9. Either Party may terminate this Agreement at any time prior to execution of the certificate required by Section 4, above, if the other Party violates any terms within this Agreement. A written notice to the other Party is required and must include a minimum 30 -day cure period. Majestic View Dr. Page 2 of 4 Intergovernmental Agreement 47