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SANITARY SEWER CONNECTION AGREEMENT <br />THIS SANITARY SEWER CONNECTION AGREEMENT ("Agreement") entered <br />into this day of , 2020, by and between the WINDSOR PARK <br />THIRD ADDITION HOMEOWNERS ASSOCIATION, INC. ("HOA") and the CITY OF <br />ELK RIVER ("City"). <br />BACKGROUND <br />Windsor Park Third Addition (the "Subdivision") is an 88-lot residential subdivision <br />located outside of the City's Urban Service Area, with no current access to City Sanitary Sewer <br />Services. Sanitary Sewer Service is currently provided to the 88 lots in the Subdivision by means <br />of a shared low-pressure subsurface sewer treatment system ("SSTS"), which has reached the end <br />of its useful life and must be replaced. In lieu of replacing the SSTS, the HOA Board of Directors <br />has requested the City to connect the Subdivision to the City's Sanitary Sewer System. In response <br />to this request, the City has initiated a public improvement project (the "Project") to install an fl- <br />inch gravity sewer line to connect the SSTS to the City Sanitary Sewer System, and to assess the <br />costs of the Project to the 88 lots in the Subdivision. The purpose of this Agreement is to set forth <br />the terms and conditions for connection of the HOA-owned SSTS to the City -owned Sanitary <br />Sewer System. <br />AGREEMENT <br />I. The Project. The parties agree that the Project will include installation of a new <br />8-inch gravity sewer pipe across Outlot C of the Subdivision, connection of this pipe to the <br />Subdivision's existing 3-inch PVC low-pressure force main, and abandonment of the <br />Subdivision's drain field and recirculating sand filter, all as provided in the plans and specifications <br />for the Project dated . The HOA consents to the City including in the Project, <br />and completing, all work, including any upgrades or improvements to HOA-owned infrastructure, <br />necessary, in the City's sole discretion, to connect the Subdivision's SSTS to the City Sanitary <br />Sewer System. <br />2. Assessments. The HOA agrees that all City costs related to the Project shall be <br />assessed to the 88 properties included in the Subdivision. Costs to be assessed will include all City <br />costs to complete the Project describe in the plans and specifications, any additional costs to <br />upgrade or replace HOA-Owned Infrastructure, any additional City costs for consultant and staff <br />time related to the Project, and the Trunk Sewer fees and Sewer Service availability charges for <br />88 single family residential Sanitary Sewer Services, as provided in the City fee schedule. <br />Ownership, repair, maintenance and replacement of City -Owned Infrastructure. <br />A. City will own all infrastructure installed in the Project beginning with the <br />connection to the HOA's 3-inch low-pressure force main, and extending downstream from <br />that point (the "City -Owned Infrastructure"). <br />B. City will be responsible for the repair, maintenance and replacement of the <br />City -Owned Infrastructure. The cost to repair, maintain and/or replace the City -Owned <br />