4.21 SR 12-16-2024 - Laserfiche WebLink

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costs for consultant and staff time related to the Project, and the Trunk Sewer fees and Sewer Service availability charges for 3 9 single family residential Sanitary Sewer Services, as provided in the City fee schedule. All costs associated with the Project's development shall become assessable even it is determined the Project will not be built based on economic factors as directed by the HOA or its petitioners. (ie: The final bids are substantially higher than estimates and the HOA wants to rebuild their private system on their own). 3. Ownership, repair, maintenance and replacement of City -Owned Infrastructure. A. City will own all infrastructure installed with the Project. 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 Infrastructure shall be borne by the City according to then -existing City policies applicable to all other properties served by the City's Sanitary Sewer System. 4. Ownership, repair, maintenance and replacement of HOA-owned infrastructure. A. The existing SSTS and all affiliated equipment and infrastructure is currently owned by Natural Systems Utilities, LLC, a Delaware limited liability company ("NSU"). Pursuant to that certain Letter of Intent dated effective October 4, 2024, the HOA has tentatively agreed to purchase the SSTS from NSU pursuant to an Asset Purchase and Sale Agreement with NSU based on the terms of the Letter of Intent. B. Through the HOA's purchase from NSU [and subsequent conveyance to the City], the City shall take ownership of all existing SSTS and the piped collection system on Outlot A and under the streets of the Subdivision. C. After the Project, the HOA will not have control/ownership of any parts of the system as public ownership will include all mainline piping as consistent with City standards. Each lot will own their service lines to the point of their single connection in the street. D. By executing this Agreement, the HOA authorizes the City to install or replace any portion of the HOA-Owned Infrastructure which the HOA has failed to install as required by this Agreement and the Project specifications, and to add the costs of such additional work to the Project costs for assessment to each lot in the Subdivision. E. By executing this Agreement, the HOA authorizes the City to enter on the Subdivision to repair or replace any component of the HOA-Owned Infrastructure which the HOA has failed to repair or replace after notice from City; and to assess the costs of such repair or replacement to the HOA pursuant to this agreement or Minnesota Stat. § 429.101. 5. Discharge to City Sanitary Sewer System. This Agreement authorizes the HOA to connect 39 single family residential lots to the City Sanitary Sewer System. Neither the HOA, nor any individual lot within the Subdivision, shall discharge any effluent to the system other than wastewater from single family residential uses. 2 Page 202 of 273