4.21 SR 12-16-2024 - Laserfiche WebLink

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SANITARY SEWER CONNECTION AGREEMENT THIS SANITARY SEWER CONNECTION AGREEMENT ("Agreement") entered into this day of December, 2024, by and between MEADOWWOODS VILLAGE HOMEOWNERS ASSOCIATION, ("HOA") and the CITY OF ELK RIVER, 55330 ("City"). BACKGROUND Meadowwoods Village (the "Subdivision") is a 39-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 39 lots in the Subdivision by means of a shared 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 has requested the City to connect the Subdivision to the City's Sanitary Sewer System. In response to this request, the City has initiated a public improvement project (the "Project") to install a public sewer line to connect the Subdivision to the City Sanitary Sewer System, and to assess the costs of the Project to the 39 lots in the Subdivision. The purpose of this Agreement is to set forth the terms and conditions for connection to the City -owned Sanitary Sewer System. AGREEMENT 1. The Project. The Project includes the design and installation of a publicly built sanitary sewer system that will connect the Subdivision to the City sanitary sewer system. This may be accomplished via a gravity sewer installation as detailed in the May 30, 2024, Feasibility Study completed by the HOA, or installation of a new lift station and forcemain system. The Project will study the cost effectiveness, constructability, and long-term maintenance around both options before developing plans around the option that most appropriately fits all needs, as mutually agreed upon by the HOA and the City. The Project will involve improvements on or across Outlot A as owned by the HOA. This Agreement hereby establishes the rights of the Project to establish certain public easements upon this outlot, to be detailed in and mutually agreed upon in certain easement agreements, so the public sewer system can be built and maintained into the future. Notwithstanding the foregoing, the HOA may terminate the Project and the Agreement at any time prior to the commencement of any construction or installation or repair of any portion of the Project, or if the HOA fails to close on its acquisition of the SSTS, in which case this Agreement shall terminate except for the HOA's obligation to reimburse the City's costs incurred through the date of termination and the City's ability to assess such costs as set forth herein. 2. Assessments. The HOA agrees that all City costs related to the Project shall be assessed to the 39 properties included in the Subdivision as committed through the signed preliminary Petition Waivers and Agreements to be entered into by and between the City and each lot owner, and to be fully documented in final petition Waiver and Agreements. Costs to be assessed will include all City costs to complete the Project, agreed costs for purchase of the current system from the HOA's third party vendor (already negotiated by HOA), any additional costs to upgrade or replace existing private HOA (or third party) Owned Infrastructure, any additional City Page 201 of 273