4.7. SR 09-04-2018 - Laserfiche WebLink

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NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as follows: 1. Abatement. Attached as Exhibit A to this Agreement are proposals to complete the work that the City has determined, and Owners agree, is reasonable and necessary to abate the public health and safety hazards on the Property. The Owners agree that the costs of the abatement identified on Exhibit A are reasonable and necessary to complete the abatement work and that these costs are the responsibility of the Owners. The Owners acknowledge that they have been provided the opportunity to complete and pay for the nuisance abatement without the City's involvement and have elected, instead, to have the City complete the abatement and to assess the full cost of the abatement, as set forth in the proposals attached as Exhibit A, assessed against the Property. The City agrees to complete the abatement as set forth on Exhibit A and to assess the costs thereof, as set forth on Exhibit A, against the Property. The Owners authorize the City to enter the Property and to perform the abatement, and agree to hold the city harmless and to indemnify the city from any claims related to the performance and the abatement, including any claims of the tenant related to ownership of vehicles, trailers, junk and other debris on the property which must be removed to abate the public health and safety hazard. 2. Special Assessment. The final costs of the abatement will depend on the number of vehicles and the volume of junk and other debris removed from the property in the course of the abatement, and will be determined pursuant to the proposals attached as exhibit A. Total costs of the abatement are not anticipated to exceed $30,855.00. The City will assess its actual total costs for the abatement, determined pursuant to the proposals attached as Exhibit A, in the amount not to exceed $30,855.00 against the Property. The assessment shall be spread over 10 years, together with four and one-half percent (4.5%) interest per year on the unpaid balance. Interest shall accrue from the date of the adoption of the special assessment roll. The first installment shall be due and payable with taxes in 2019. 3. Waiver. The Owners expressly waive the right to a hearing on assessments levied pursuant to this Agreement; expressly waive objection to any irregularity with regard to the assessment of the Property for costs of the Abatement; expressly agree that the amount assessed is reasonable; expressly waive any claim that the amount assessed is excessive; expressly waive all rights of appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment by the City of the costs of the Abatement; and expressly agree to pay when due all assessments levied for the costs of the Abatement. 4. Ownership. The Owners represent and warrant that they are the sole fee Owners of the Property; agree to make payment of all assessments levied pursuant to this Agreement; agree that they shall be personally liable for payments not made; agree that this Agreement shall be binding on Owners and Owners' successors and assigns; agree 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 agree that this Agreement may be recorded against the title to the Property. 5. Binding Effect; Recording. This Agreement shall be binding upon the Owners and the Owners' successors and assigns. This Agreement may be recorded against the title to the Property. 2