8.1 SR 07-17-2023 - Laserfiche WebLink

Home Browse Search

PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE COST TO DECOMMISSION THE EXISTING ROLLING HILLS SUBDIVISION SUBSURFACE SEWAGE TREATMENT SYSTEM AND TO CONNECT THE ROLLING HILLS SUBDIVISION TO THE CITY OF ELK RIVER SANITARY SEWER SYSTEM, AND FOR ASSESSMENT OF AMOUNTS PAID AS A SPECIAL CHARGE UNDER MINNESOTA STATUTES, SECTION 429.101 TO: City Council of the City of Elk River The undersigned owners (the Owners), of the 28 properties (the Properties) located within the Rolling Hills subdivision (Subdivision) as legally described on the signature page of this Petition, Waiver and Agreement (Agreement), petition the City of Elk River (the City) to perform and to pay the costs of (i) decommissioning and removing, as determined necessary by the City, the existing Subsurface Sewer Treatment System (SSTS) serving the Subdivision; and (ii) connecting all 28 properties in the Rolling Hills subdivision to the City of Elk River Sanitary Sewer System (the Project). The Project is also further memorialized in the Sanitary Sewer Connection Agreement, which the HOA shall enter into with the City. Estimated costs, charges and fees, for the Project are described in more detail on Exhibit A attached hereto. The Owners further petition the City to levy a special assessment against each Property in the Subdivision pursuant to Minnesota Statutes, Section 429.031, subd. 3, in the amount of the total cost of the Project, including all City administrative and other costs attributable to the Project, in equal amounts to each of the 28 lots in the Subdivision, not to exceed $ 44,037.56 for each of the 28 lots. Owners acknowledge and agree: (1) that the SSTS has failed; (2) that the failure of the SSTS has created a public health and safety hazard; (3) that in lieu of replacing the SSTS the Owners have collectively agreed to connect the Subdivision to the City of Elk River Sanitary Sewer System; (4) that the Project as described on Exhibits A and B is reasonable and necessary to connect the Subdivision to the Sanitary Sewer System and to eliminate the public health and safety hazard from the Properties; (5) that the Maximum Cost of the Project as identified on Exhibit B is reasonable and necessary to complete the Project and is the responsibility of Owners; and (6) that Owners have been provided the opportunity to pay the Cost of the Project without the City's involvement and have elected, instead, to petition the City to pay the Cost of the Project and to assess the full amount of the Cost of the Project to the Properties. Owners acknowledge that the City may accept or reject this Petition, Waiver and Agreement in the City's sole discretion, for any reason, including, but not limited to, the availability of City funds to pay the Cost of the Project and agree, if the City accepts this Petition, Waiver and Agreement: (1) to provide the City with the necessary easements, consents and other approvals required for the City to enter on the Subdivision and the Properties to complete the Project; (2) that the Project shall be contracted by the City pursuant to the City's normal procedures and as required by Minnesota law; (3) that the City shall bear only that responsibility for or liability related to the performance of the Project as is provided by law; (4) that Owners shall hold harmless and indemnify the City from any claims related to the performance of the Project; (6) that, upon completion and acceptance of the Project, City shall make payment to the City's contractor or other parties who completed the Project in an amount not to exceed the Cost of the Project identified on 226792v1