MODEL AGREEMENT
THIS AGREEMENT is made this _____ day of , 20___, by and between the City of ________________, a
Minnesota municipal corporation (the “City”) and ___________________________________________________, owner(s) of the property located
at __________________________________________ (the “Property Owner”)
(collectively referred to as the Parties”).
WHEREAS, one or more sanitary sewer backups have occurred at
this property; and
WHEREAS, the Parties want to take reasonable action to
prevent future sanitary sewer backups at this property; and
NOW, THEREFORE, in consideration of the promises contained
herein, the Parties hereby agree to the following:
SECTION I. DEFINITION
Sewer backflow check valve:
A valve that isolates the property’s plumbing from the public sanitary sewer
in the street. The check valve includes
a flapper that shuts when water level in the public sewer line is high enough
to flow back into the house.
SECTION II. TERMS OF
AGREEMENT
1. The City will provide a sewer backflow check valve for the
property located at ____________________________________ (the “Property”).
2. The City will install or arrange for the installation of the
sewer backflow check valve at the Property.
3. If there is a cost to the Property Owner associated with the
purchase or installation of the check valve the details should be reflected
here:
4. The Property Owner is responsible for all maintenance,
inspection, repair, and replacement of the sewer backflow check valve following
installation.
5. The Property Owner understands that while a sewer backflow
check valve offers protection against sanitary sewer backups, it is not
foolproof. Even with a sewer backflow
check valve, sanitary sewer backups may sometimes occur.
6. This Agreement will be in effect for the time Property Owner
resides at the Property. The Property
Owner may not assign this Agreement to any subsequent owner of the Property.
7. Prior to installment of the sewer backflow check valve, this
Agreement may be terminated by either party by giving written notice to the
other party.
SECTION III.
INSURANCE AND LIABILITY
1. City’s Insurance. The
City shall maintain property and liability coverage with the League of
Minnesota Cities Insurance Trust under standard LMCIT liability coverage forms.
2. Damage to Property. The City/the City’s contractor shall be
responsible for any damages to the Property occurring during the installation
of the sewer backflow check valve, to the extent that the negligence of the City/the
City’s contractor causes damage to the Property, subject to any protections the City is
entitled to under Minnesota Statutes, Chapter 466 or other laws.
3. Liability of City. Provision
and installation of a sewer backup check valve at this Property is not an
admission of liability on the part of the City for any past or future sewer
backups.
4. Sewer Backup Claims.
Nothing in this agreement prevents the Property Owner from filing future
claims with the City in the event of a sanitary sewer backup.
SECTION IV. GENERAL
PROVISIONS
1. Entire Agreement.
This Agreement supersedes any prior or contemporaneous representations
or agreements, whether written or oral, between the Parties and contains the
entire agreement.
2. Amendments. Any modification or amendment to this
Agreement shall require a written agreement signed by both Parties.
3. Governing Law. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Minnesota.
4. Captions. Captions or headings contained in this
Agreement are included for convenience only and form no part of the agreement
between the Parties.
5. Waivers. The waiver by either party of any breach or
failure to comply with any provision of this Agreement by the other party shall
not be construed as, or constitute a continuing waiver of such provision or a
waiver of any other breach of or failure to comply with any other provision of
this Agreement.
6. Savings Clause. If any court finds any portion of this
Agreement to be contrary to law or invalid, the remainder of the Agreement will
remain in full force and effect.
IN WITNESS WHEREOF, the Parties caused this Agreement to be
approved.
CITY OF _______________, MINNESOTA PROPERTY OWNER(S)
BY: __________________ BY: _________________
Its Mayor
AND:___________________ AND: _________________
Its City Clerk