4.3. SR 11-05-2012 - Laserfiche WebLink

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PETITION,WAIVER AND AGREEMENT FOR PAYMENT OF THE COST OF REPAIRS TO PRIVATE UTILITY LINES AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL CHARGE UMER MINNESOTA STATUTES,SECTION 429.101 TO: City Council of the City of Elk River owners of the properfy located at 053 A MI 1\ 5 �M✓V and legally described on Exhibit A attached hereto(the Property), Petition the City of Ells River(the City)to pay the costs of certain.repairs(the Repairs)to private utility lines located on the Property or in the Right-of-Way directly adjacent to the Property, including: Repair of private water service line(s)currently connected to the City System Repair of private sanitary sewer service line(s)currently connected to the City System ,;"-bTan arnountnot to exceed that set forth on Exhibit B attached hereto(the Cost of Repairs), %h, And to levy a special assessment against the Property in the amount of the Cost of Repairs as an unpaid special charge pursuant to Minnesota Statutes,Section 429.101. Owners acknowledge and agree: 1)that there has been a failure of the private utility lines on the Property;2)that the failed service line(s)is connected to the public system;3)that the failure of the utility lines has created a public health and safety hazard near the failure;4)that the Work identified on Exhibit B is reasonable and necessary to eliminate the public health and safety hazard on the Property,5)that the Cost of the Work identified.on Exhibit B is reasonable and necessary to affect the.Wotk and is the responsibility of Owners;and 6)that Owners have beeii provided the opportunity to pay the Cost of the Work without the City's involvement and have elected,instead,to petition the City to pay the Cost ofthe Work and to assess the fall amount of the Cost of the Work to the Property. Owners acknowledge that the Cit r:gay accept or rejeptthis Petition,Waiver.ajgd Agreement mi its sole discretion,for any reason,including,but not limited to,the availability of City funds to pay the Costs of the Work and agree,if the City accepts this Petition,Waiver and Agreement: 1)to have the Repairs identified on Exhibit B completed as required by the policies and ordinances of the City;2)that the Repairs performed shall be privately contracted by the Owners;3)that the City shall bear no responsibility for or liability related to the performance of the Repairs;4)that Owners shall hold harmless and indemnify the City from any claims related to the performance of the Repairs; 5)to procure and pay the cost of all permits required for the