4.11. A.& B. SR 12-05-2011 - Laserfiche WebLink

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PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE CO5T OF REPAIRS TO PRIVATE WATER SERVICE LINES AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL CHARGF. UNDER MINNESOTA STATUTES, SECTION 429.101 TO: City Council of the City of Elk River ~~(t~~)! S Cl ~ ~/' ~~t~dlj~(the Owners), owners of the property located at ~7 ~/,O ~'~df' e~d+~~!(/L~ L®/,~'~,a~lly described on Exhibit A attached hereto (the Property), Petition the City of Elk River (the City) to pay the costs of certain repairs (the Repairs) to private water service lines an the Property in an amount not to exceed that set forth on Exhibit B attached hereto (the Cost of Repairs), and to levy a special asse~nart against the Property in the amaunt of the Cost of Repairs as an unpaid special charge pursuant to Minnesota Statutes, S~tion 429. l 41. Owners acknowledge and agree: 1) that the Repairs iderified on Exhibit B are reasonable and necessary repairs to eliminate the public health and safety hazard on the Property; 2) that the Cost of Repairs identified on Exhibit B are reasonable and necessary to affect the Repairs and are the responsibility of Owners; and 3) that Owners have bear provided the opportunity to pay the Cost of Repairs without tip City's involvement and have elected, instead, to petition the City to pay the Cost of Repairs and to assess the full amount of the Cost of Repairs to the Property. Owners agree: l) to have the Repairs idartified on Exhibit B completed as required by the policies and ordinances of the City and Elk River Municipal Utilities (ERMU); 2) to submit evidence to the City that the Repairs have been inspected and accepted by the City Building Official and ERMU; 3) that, upon completion and acceptance of the Repairs, ERMU shall make payment to the Owner's contractor or other parties who performed the Repairs in an amount not to exceed the Cost of Repairs identified on Exhibit B; 4) that payment by the ERMU of the Cost of Repairs shall create an unpaid special charge against the Property; 5) that this unpaid special charge shall be specially assessed against the Property by the City pursuant to Minnesota Statutes, Section 429.101; and 6) that the special assessment shall be payable in _~ equal annual installments with interest accruing on unpaid installments at the rate of _~%. Owners represent and warrant that they are the sole fee Owners of the Property and agree to make payment of all assessments levied pursuant to this Petition, Waiver and Agreement foz Payment of the Cost of Repairs. N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\12-05-2011\NAPA Water Repairs.docx