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Owners acknowledge and agree: <br /> Installation and connection: 1)that the Property is required to be connected to <br /> the City water and/or sanitary sewer systems; 2)that the Property is not connected to the public <br /> water and/or sanitary sewer services as required; 3)that the Work identified on Exhibit B is <br /> reasonable and necessary to connect the Property to the City water and/or sanitary sewer system; <br /> 4)that the Cost of the Work identified on Exhibit B is reasonable and necessary to affect the <br /> Work and is the responsibility of Owners; and 5) that Owners have been provided the <br /> opportunity to pay the Cost of the Work without the City's involvement and have elected, <br /> instead, to petition the City to pay the Cost of the Work and to assess the full amount of the Cost <br /> of the Work to the Property. <br /> Repairs: 1)that there has been a failure of the utility lines on the Property; <br /> 2) that the failure of the utility lines has created a public health and safety hazard on the <br /> Property; 3)that the Work identified on Exhibit B is reasonable and necessary to eliminate the <br /> public health and safety hazard on the Property; 4)that the Cost of the Work identified on <br /> Exhibit B is reasonable and necessary to affect the Work and is the responsibility of Owners; and <br /> 5) that Owners have been provided the opportunity to pay the Cost of the Work without the <br /> City's involvement and have elected, instead, to petition the City to pay the Cost of the Work <br /> and to assess the full amount of the Cost of the Work to the Property. <br /> Owners acknowledge that the City may accept or reject this Petition, Waiver and <br /> Agreement in its sole discretion, for any reason, including,but not limited to, the availability of <br /> City funds to pay the Costs of the Work and agree, if the City accepts this Petition, Waiver and <br /> Agreement: 1) to have the Work identified on Exhibit B completed as required by the policies <br /> and ordinances of the City; 2) that the Work performed shall be privately contracted by the <br /> Owners; 3) that the City shall bear no responsibility for or liability related to the performance of <br /> the Work; 4) that Owners shall hold harmless and indemnify the City from any claims related to <br /> the performance of the Work; 5)to procure and pay the cost of all permits required for the work; <br /> 6)to submit evidence to the City that the Work has been inspected and accepted by the City <br /> Building Official; 7)that, upon completion and acceptance of the Work, City shall make <br /> payment to the Owner's contractor or other parties who performed the Work in an amount not to <br /> exceed the Cost of the Work identified on Exhibit B; 8)that payment by the City of the Cost of <br /> the Work shall create an unpaid special charge against the Property; 9) that this unpaid special <br /> charge shall be specially assessed against the Property by the City pursuant to Minnesota <br /> Statutes, Section 429.101; and 10) that the special assessment shall be payable in 10 equal <br /> annual installments with interest accruing on unpaid installments at the rate of .rt %. <br /> Owners expressly waive the right to a hearing on assessments levied pursuant to this <br /> petition; expressly waive objection to any irregularity with regard to the assessment of the <br /> Property for the Cost of the Work; expressly agree that the amount assessed is reasonable; <br /> expressly waive any claim that the amount assessed is excessive; expressly waive all rights of <br /> appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment by the <br /> City of the Cost of the Work; and expressly agree to pay when due all assessments levied for the <br /> Cost of the Work. <br />