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PETITION, WAIVER, AND A(3'REEMENT FORTAYMENT OF THE COST'-K) DESIGN
<br />AND BID'111E DECOMMISSION-M OF THEEXIS17ING R.011,INGHILLS
<br />SUBDI'VISION SUBS TJRF ACE SEWAGE TREXIMEN'I" SYSTE WAND CONN] �K,711�16
<br />lyr - 'RC E CITY OF ELK RIVER SANIT � Z 'ILE MLING HILLS SUBDIVISION ".170TH ARY SEWEl
<br />SYSTEM, AND FOR ASSESSMEN F OFAM-01,JNTS PAID AS A SPI]CIAL CHARGE
<br />k JNDER-MINNESOTA STM1Y.TES CHAPTER 429.
<br />'170: City Council omfthe City of Elk River
<br />The unders1,gned owners (the Owners), ofthe 28 properties (the Pr(,)Perties) located
<br />vVitldn. the Rolling flills subdivision (Subdivision) ws legally described on the signature page of
<br />this Petition, Waiver and Tee meat: (Abrrerment'),, petition. the City of Ell-c River (the, City) to
<br />1,,w.rfomi. and to pay the costs ofthe desip- through. bidding fin deconunissioning and removing
<br />the exisfting Substzffice Sewer Treatment System (SST . S) and. the constrtiction and connecfion all
<br />28 propfffties i.n the Suhdivisicm to tlae it of Elk.River Sanihiry Seiver Systetri The P roject,
<br />including estimated costs, (.1aTges an.d toy s, is described in.more detail on.Eihibit A atta&hed
<br />hereto. 'The ngject as contemplated herein includes only design. througJi bidding and not
<br />consfi-tu,tion costs related to removal of the SS FS or irastallation of a Sanifiwf Sewer y tonnnn.
<br />con-riection,
<br />The Owners, ffirther petition the Ci�,y to levy Inca mural assessmran,tagainst each.N,-operty in
<br />the Siibdivision as an. unpaid spe(.:ial charge pursuant to Minnesota Staftites, Section 429.101 in
<br />the amount of the total. cost of the- N-Oiect, including all (sit y administrative mild other costs
<br />attributable to the ProJect, in. equal. amounts to each of the 28 lots in the, Sul)division, 41yr a total
<br />amount not, to exceed $156,000, M.-ficlishall be $5,571 for each. of the 28 lots,
<br />Owners acknowleAfge and agree: (1) that, the SST'S has failed; (2) th2tthe failure of the
<br />SSTS 1-ii.as areate-d. a public health and safety Ins. zaii-,.,d; (3) that in lieu of replacing the 'I" the
<br />Owners have collectively mu roved to, connect the Subdivhiion tothe ( "ity o.f.Elk River Sanitary
<br />Sewer System; (4) that the Project as descrilvd on Exhibit A. is reasonable and necessary to
<br />ecninect the Subdivision to tile, antoSewer System. and to eliminate the public health. and
<br />safety.hazard from the Properties; (5)that the Eslimated Cost ofthe h� cject, as identified on
<br />Exhibit A is reasrmable wid necessmy to complete, the, Project and is the responsibility of
<br />Owners; and (6) that Ovniiiers havtt beeri provided the opllortunity to pay the Cost of the Project
<br />Without the City's involvement and have elected., instead, to petition the Citytom pay the Cost ol,
<br />the Prqject. and to assess the full. arnomt of the Cost of tile Project to the Projperties.
<br />Owners acIrnowledge that, the City may accept or rtgect this Pt-lition, Waiver kind.
<br />C.T , e ,lion, f0T.L ally reaSon,
<br />Agreement in the City's some ell or inchading, but not Ifinited to, time
<br />availability f,.)f City funds to pay the Cost o.f fhe Project and agree, if the City acceptm this
<br />Petition, Waiver and Agreement: (1) to rAovide the City, with the necessary information,
<br />consents and other approvals reqtdred for the City to to complete the Project; (2) that the Project
<br />shall be contracted by the City pursuant to the City' s normal procedures and as, req uire Iby
<br />Minnesota law; (3) that the City shafll bear oniy that responsibility for or h"ability related to the
<br />performance of the Project as is provided ky law; (4) that (3writzs shall hold harmless and.
<br />indpaiuift..y the City firarn any clafirns related to the perrormance c,& the Project; (6) that, upon
<br />completion and acceptance of the Project, City sball ?,:nake payment to the CiWs contractoT or
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