4.14 SR 11-21-2022 - Laserfiche WebLink

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SANITARY SEWER CONNECTION AGREEMENT THIS SANITARY SEWER CONNECTION AGREEMENT (“Agreement”) entered into this __ day of ___________, 20__, by and between ROLLING HILLS HOMEOWNERS TH ASSOCIATION, 9840 226 Court NW, Elk River, MN 55330 (“HOA”) and the CITY OF ELK RIVER, 13065 Orono Parkway, Elk River, MN 55330 (“City”) BACKGROUND Rolling Hills (the "Subdivision") is a 28-lot residential subdivision located outside of the City's Urban Service Area, with no current access to City Sanitary Sewer Services. Sanitary Sewer Service is currently provided to the 28 lots in the Subdivision by means of a shared low-pressure subsurface sewer treatment system ("SSTS"), which has reached the end of its useful life and must be replaced. In lieu of replacing the SSTS, the HOA Board of Directors has requested the City to connect the Subdivision to the City's Sanitary Sewer System. In response to this request, the City is considering a public improvement project to connect the SSTS to the City Sanitary Sewer System, and to assess the costs of the Project to the 28 lots in the Subdivision. The purpose of this Agreement is to set forth the terms and conditions for connection of the HOA-owned SSTS to the City-owned Sanitary Sewer System. AGREEMENT 1. The Project. The parties agree that the proposed public improvement project will include installation of a new lift station, force main and associated sanitary line within Outlot B of the Subdivision, connection of this pipe to the Subdivision's existing 3-inch PVC low-pressure force main, and abandonment of the Subdivision's drain field and recirculating sand filter, as provided in the feasibility report as Option B, dated May, 7, 2021, (the "Project"). The HOA acknowledges that detailed plans for the Project are forthcoming. The HOA consents to the City completion of the Project, and completing all work, including any upgrades or improvements to HOA-Owned Infrastructure, necessary, in the City's sole discretion, to connect the Subdivision's SSTS to the City Sanitary Sewer System. The HOA also consents to the dedication of all easements required for the infrastructure and the Project, including but not limited to an easement for a lift station on Outlot B. 2. Assessments. The HOA agrees that all City costs related to the Project shall be assessed to the 28 properties included in the Subdivision. Costs to be assessed will include all City costs to complete the Project described in the forthcoming plans and specifications, any additional costs to upgrade or replace HOA-Owned Infrastructure, any additional City costs for consultant and staff time related to the Project, and the Trunk Sewer fees and Sewer Service availability charges for 28 single family residential Sanitary Sewer Services, as provided in the City fee schedule. 3. Ownership, repair, maintenance and replacement of City-Owned Infrastructure. A. City will own all infrastructure installed in the Project beginning with the connection to the HOA's 3-inch low-pressure force main, and extending downstream from that point (the "City-Owned Infrastructure"). B. City will be responsible for the repair, maintenance and replacement of the City-Owned Infrastructure. The cost to repair, maintain and/or replace the City-Owned