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special assessment shall be deemed adopted on the date this Agreement has been signed by all <br />parties. The cost shall be payable with taxes beginning in 2023. The maximum amount of the <br />assessment under this Agreement shall not exceed $6,985.00. <br />4. WAIVER Property Owner, his successors and assigns, waives any and all <br />procedural and substantive objections to the Maintenance Work and special assessment, including <br />but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the <br />Subject Property. Property Owner waives any appeal rights otherwise available pursuant to Minn. <br />Stat. § 429.081. <br />5. RELEASE. Property Owner and his successors and assigns, hereby <br />unconditionally release and forever discharge the City, its elected officials, employees, agents, and <br />insurers from any and all claims and causes of action of whatever kind or nature that is in any way <br />connected with or related to the Maintenance Work. The Property Owner shall indemnify and hold <br />harmless the City and its officers, agents, and employees from and against all claims, damages, and <br />losses, or expenses, including attorney fees, which may be suffered or for which they may be held <br />liable, rising out or resulting from the assertion against them of any claims, debts, or obligations in <br />consequence of the performance of this Agreement by the City, its employees, agents, or <br />subcontractors, to the extent allowed by law. <br />6. BINDING EFFECT; RECORDING. This Agreement shall be binding upon <br />Property Owner and his successors and assigns. This Agreement shall run with the land and may <br />be recorded against the title to the Subject Property. <br />IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date <br />written above. <br />[Remainder ofpage intentionally left blank] <br />[Signature page to follow] <br />2 <br />223693v1 <br />