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MAINTENANCE WORK <br />AMD <br />SPECIAL ASSESSMENT AGREEMENT <br />AGREEMENT made this 171h day of October, 2022, by and between the CITY OF ELK <br />RIVER, a Minnesota municipal corporation ("City") and MARVIN D. ZINNER, ("Property <br />Owner"). <br />RECITALS <br />A. Property Owner is the owner of property ("Subject Property") having a street <br />address of 617 Gates Ave NW, Elk River, Minnesota, 55330, with PID No. 75-417-0420, legally <br />described as: <br />Lot 42, Walker's Addition Revised, Sherburne County, Minnesota <br />B. The City has requested that Property Owner properly landscape, mow, and maintain <br />the yard on the Subject Property as required by City Code and as further described on Exhibit A <br />("Maintenance Work"). <br />C. Property Owner has failed to undertake the Maintenance Work and has requested <br />that the City or its agents enter the property and perform the Maintenance Work and assess all <br />costs associated with the Maintenance Work (collectively the "Fees") against the Subject Property, <br />as a service charge as authorized by Minnesota Statutes § 429.101. <br />NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE <br />PARTIES AGREE AS FOLLOWS: <br />1. MAINTENANCE WORK. Property Owner shall permit the City and its agents <br />to enter the Subject Property and perform the Maintenance Work to bring the Property into <br />Compliance with City Code. Property Owner agrees that the City may, at its sole discretion, <br />discard any refuse or debris as necessary to complete the Maintenance Work. <br />2. CONSENT. Property Owner and his successors and assigns hereby consents to the <br />entry onto the Subject Property by the City and its successors and assigns, including any contractor <br />hired to complete the Maintenance Work, for the purpose of completing the Maintenance Work. <br />Property Owner further consents to the City and its successors and assigns discarding any refuse or <br />debris as necessary to complete the Maintenance Work, and hereby waive any and all right to such <br />property. <br />3. SPECIAL ASSESSMENT. The Property Owner shall be immediately <br />responsible for paying all Fees. The City will assess the Fees against the Subject Property. The <br />223693v1 <br />