2.5. ERMUSR 05-20-2014 - Laserfiche WebLink

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Agreement regarding Water and Sewer Access Charges This Agreement regarding water and sewer access charges ("Agreement') is entered into the 2..1 day of A-' i I ,201,3''by and between the MPB LLC("Owner"),the City of Elk River("City")and Elk River Municipal Utilities("ERMU"). WHEREAS, Owner is the owner of the property located at 927 U.S. Highway 10 in the City("Property")and proposes to establish a dry cleaner/coin laundry on the Property;and WHEREAS, pursuant to Section 78-189 of the City Code of Ordinances and ERMU Policy 5.0 — Water Rules, establishment of the proposed dry cleaner/coin laundry establishment requires repayment of additional Sewer Availability Charges and Water Connection Fees ("Access Charges");and WHEREAS,the amount of the Access Charges is determined by reference to the number of units identified for the proposed dry cleaner/coin laundry in Section 78-189 of the City Code; and WHEREAS, Section 78-189(e)(2) of the City Code allows the City Council to adjust the number of units applicable based on four(4)years experience for the use. NOW,THEREFORE,the parties agree as follows: 1. Owner will pay the applicable Access Charges, as determined under Section 78- 189(d) of the City Code, for the proposed dry cleaner/coin laundry prior to the issuance of a building permit to convert the building to this use. 2. If the Owner petitions the City to pay the Access Charges and assess the amount of the Access Charges to the Property,those assessments will remain payable until paid in full. 3. Owner, City and ERMU will monitor actual water use at the Property for four(4) years after the dry cleaner/coin laundry is operational and open to the public. If actual average water and sewer use during the second, third and fourth years is less than the Access Charge collected or assessed by the City and ERMU, the City will recalculate the units and refund the difference between Access Charges previously paid by or assessed to the Owner and actual average water and sewer use during second, third and fourth years. Any refund will be without interest. If the water and sewer use during the fourth year is greater than the Access Charges previously paid by or assessed to the Owner as calculated by the table in subsection 78-189 (d), the Owner will not be obligated to pay additional fees. 4. This Agreement shall be null and void, and there shall be no refund of Access Charges, whether paid up front or assessed to the Property, if the dry cleaner/coin laundry does not operate continuously for four(4)years after initially opening. 4084007.I-H]N 76