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<br />PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE COST OF REPAIRS <br />TO, PRIVATE UTILITY LINES AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL <br />CHARGE UNDER MINNESOTA STATUTES, SECTION 429.101 <br /> <br /> <br /> TO: City Council of the City of Elk River <br /> <br /> (the Owners), owners of the property <br /> <br />located at and legally described on <br /> <br />Exhibit A attached hereto (the Property), <br /> <br />Petition the City of Elk River (the City) to pay the costs of Repairs to, (the Work) private utility <br />lines located on the Property or in the Right-of-Way directly adjacent to the Property, including: <br /> <br /> Repair of private water service lines <br /> <br /> Repair of private sanitary sewer service lines <br /> <br />In an amount not to exceed that set forth on Exhibit B attached hereto (Cost of the Work); and, <br /> <br />To levy a special assessment against the Property as an unpaid special charge pursuant to <br />Minnesota Statutes, Section 429.101 in the amount of the Cost of Work plus the total of the <br />following charges (if Applicable):. <br /> <br /> <br /> <br /> ____________ TOTAL ASSESSMENT AMOUNT <br /> (Cost of Work from Exhibit B) <br /> <br /> <br />Owners acknowledge and agree: <br /> <br />1) that there has been a failure of the private utility lines on the Property; 2) that the failure of the <br />utility lines has created a public health and safety hazard on the Property; 3) that the Work <br />identified on Exhibit B is reasonable and necessary to eliminate the public health and safety <br />hazard on the Property; 4) that the Cost of the Work identified on Exhibit B is reasonable and <br />necessary to affect the Work and is the responsibility of Owners; and 5) that Owners have been <br />provided the opportunity to pay the Cost of the Work without the City’s involvement and have <br />elected, instead, to petition the City to pay the Cost of the Work and to assess the full amount of <br />the Cost of the Work to the Property. <br /> <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 /> <br /> <br />