RES 21-90 - Laserfiche WebLink

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i. The right to require the City to obtain a court order allowing its employees, contractors, or representatives to enter or remediate the Subject Property; ii. The right to require the City to specify the nature of each nuisance issue found on the Subject Property, and to ask a Court to decide whether any nuisance alleged by the City is in violation of law or regulation; and, iii. The right to require the City to follow the statutory procedure to assess a debt against the Subject Property. F. The City will assess the Subject Property for the cost to remediate nuisances found on the Subject Property. The final assessment shall be the actual cost of the remediation plus the cost of associated engineering, legal and administrative costs. The special assessment principal shall be payable in equal installments over ten years, plus an amount of interest as determined by statute and at the time the City Council adopts a special assessment in this instance. The rate of interest is shall be no greater than. 5%. Interest shall begin accruing as of the date these costs are adopted by the City Council. Each installment of the special assessment principal and interest will become due and payable on the same schedule as the property taxes for the Subject Property beginning in the year the special assessment is imposed. Default by failure to pay any amount of an installment or interest when due shall cause the balance of all outstanding or remaining installments to become due and payable immediately or on -demand as the City may require. G. Property Owner waives any and all procedural and substantive objections to the remediation of his Property and special assessments, including, but not limited to, hearing requirements and any claims that the assessment exceeds the benefit to the Subject Property. Property Owner waives any right to appeal pursuant to Minn. Stat. §429.081. H. rrqperty Owner may prepay the entire special assessment without interest if paid in full by Thereafter, prepayments together with applicable interest would be permitted asp vided in State law: I. Property Owner agrees to provide to the City, at no cost to the City, the right-of- way, temporary easements or licenses necessary for the City to remediate the Subject Property. T. This Agreement shall be binding upon Property Owner and Property Owner's successors and assigns. This Agreement or any special assessment imposed pursuant to this Agreement may be recorded against the title to the Subject Property and it shall run with the property. K. Property Owner agrees that for purposes of this Agreement the Subject Property shall not be subject to Minnesota Statute Section 273.111, (also known as "Green Acres). L. No remedy herein conferred upon or reserved to the City or other governmental agencies are intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given -3-