7.1. SR 11-02-2020 - Laserfiche WebLink

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Infrastructure shall be borne by the City or the HOA, according to then -existing City policies applicable to all other properties served by the City's Sanitary Sewer System. 4. Ownership, repair, maintenance and replacement of HOA-owned infrastructure. A. The HOA will install, to the specifications required by the City in its sole discretion, and own, all infrastructure (the "HOA-Owned Infrastructure") necessary to connect the 88 lots in the Subdivision to the 8-inch gravity sewer pipe installed by the City across Outlot C, up to the connection point. The HOA and/or the individual lots in the Subdivision will be responsible for all costs associated with installation of the HOA- Owned Infrastructure, and for the costs to repair, maintain and/or replace the HOA-Owned Infrastructure in the future. Installation and all future repairs or replacement to HOA- Owned Infrastructure shall be subject to City approval and inspection. B. By executing this Agreement, the HOA authorizes the City to install or replace any portion of the HOA-Owned Infrastructure which the HOA has failed to install as required by this Agreement and the Project specifications, and to add the costs of such additional work to the Project costs for assessment to the properties in the Subdivision. C. By executing this Agreement, the HOA authorizes the City to enter on the Subdivision to repair or replace any component of the HOA-Owned Infrastructure which the HOA has failed to repair or replace after notice from City; and to assess the costs of such repair or replacement to the HOA pursuant to Minnesota Statutes, Section 429.101. 5. Discharge to City Sanitary Sewer System. This Agreement authorizes the HOA to connect 88 single family residential lots to the City Sanitary Sewer System. Neither the HOA, nor any individual lot within the Subdivision, shall discharge any effluent to the system other than wastewater from single family residential uses. 6. User Charges. Upon connection of the HOA-Owned Infrastructure to the City Sanitary Sewer System, each lot within the Subdivision shall pay ongoing sewer use charges at the House Unit Flat Charge rate set forth in the City's fee schedule for residential properties not served by the City water utility. 7. Miscellaneous Provisions. A. Entire Agreement. This Agreement incorporates the entire understanding between the parties and supersedes all prior understandings and agreements related to the subject matter. This Agreement cannot be amended, altered or modified, and no provisions can be waived, unless the amendment, change or modification is in writing and signed by both parties. B. Benefit. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. C. No Waiver. No waiver of any breach or any agreement, covenant or restriction contained herein shall be construed to be a waiver of any other or future breach of the same or other covenants or restrictions. 2