4.5 SR 01-17-2023 - Laserfiche WebLink

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other parties who completed the Project in an amount not to exceed the Cost of the Project identified on Exhibit A; (7) that payment by the City of the Cost of the Project shall create an unpaid special charge against the Properties; (8) that this unpaid special charge shall be specially assessed against each Property within the Subdivision by the City as allowed by Minnesota Statutes, Section 429.101, subd. 1(a)(3); (9) that the City will conduct this assessment pursuant to the procedures in Minn. Stat. Ch. 429; and (10) that the special assessment shall be payable in 10 equal annual installments with interest accruing on unpaid installments at the rate of 3.69%. Owners expressly waive the right to a hearing on assessments levied pursuant to this Agreement; expressly waive objection to any irregularity with regard to the assessment of the Properties for the Cost of the Project; expressly agree that any amount assessed for the Project that is equal to or less than the maximum amount set forth in Exhibit A is reasonable; expressly waive any claim that any amount assessed is excessive; expressly waive all rights of appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment by the City of the Cost of the Project; and expressly agree to pay when due all assessments levied for the Cost of the Project. Owners represent and warrant that they are the fee Owners of the Properties as identified on the signature page of this Petition, Waiver and Agreement; agree to make payment of all assessments levied pursuant to this Agreement for payment of the Cost of the Project; agree that they shall be personally liable for payments not made; agree that this Agreement shall be binding on Owners and Owner's successors and assigns; agree that all assessments levied pursuant to this Agreement shall be paid in full prior to or at the time of transfer of the Property to a subsequent owner; and agree that this Agreement may be recorded against the title to the Properties. [Signature pages to ollow] 0)