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4.7. SR 07-20-2015
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4.7. SR 07-20-2015
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Owners acknowledge and agree: <br />4 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 /5 equal <br />annual installments with interest accruing on unpaid installments at the rate of All %. <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 />
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