8.2. SR 07-15-2013 - Laserfiche WebLink

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PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF WATER AND SEWER ACCESS CHARGES AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL CHARGE UNDER MINNESOTA STATUTES, SECTION 429.101 TO: City Council of the City of Elk River MPB LLC (the "Owner"), owner of the property located at 927 US Highway 10 and legally described on Exhibit A attached hereto (the "Property"), Petitions the City of Elk River (the "City") to pay the water and sewer access charges applicable to convert the use of the Property to a dry cleaner/Laundromat, in the amount of $120,530.19; and To levy a special assessment against the Property (the "Special Assessment") as an unpaid special charge pursuant to Minnesota Statutes, Section 429.101, in the amount of $120,530.19, less any payments received by the City or refunds provided by the City by December 1, 2013. Owner acknowledges and agrees that the City may accept or reject this Petition, Waiver and Agreement in its sole discretion, for any reason, including, but not limited to, the availability of City funds to pay the water and sewer access charges, and agrees, if the City accepts this Petition, Waiver and Agreement: (1) that payment by the City of the water and sewer access charges shall create an unpaid special charge against the Property; (2) that this unpaid special charge shall be specially assessed against the Property by the City pursuant to Minnesota Statutes, Section 429.101; and (3) that the Special Assessment shall be payable in 10 equal installments payable on each May 15 and October 15 for a period of 5 years with interest accruing on unpaid installments at the rate of 2.9% per annum. Partial prepayments are not allowed, however, the entire remaining amount may be paid in full by Owner before the expiration of the 5-year period without penalty. Owner expressly waives the right to a hearing on assessments levied pursuant to this petition; expressly waives objection to any irregularity with regard to the assessment of the Property; expressly agrees that the amount assessed is reasonable; expressly waives any claim that the amount assessed is excessive; expressly waives all rights of appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment; and expressly agrees to pay when due all assessments levied pursuant to this Petition, Waiver and Agreement. Owner represents and warrants that it is the sole fee owner of the Property; agrees to make payment of all assessments levied pursuant to this Petition, Waiver and Agreement; agrees that it shall be liable for payments not made; agrees that this Agreement shall be binding on Owner and Owner's successors and assigns; agrees that all assessments levied pursuant to this Petition shall be paid in full prior to or at the time of transfer of the Property to a subsequent owner; and agrees that this Agreement may be recorded against the title to the Property. 4084008.1-HJN