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4.21 SR 12-16-2024
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4.21 SR 12-16-2024
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6. User Charges. Upon connection to the City Sanitary Sewer System, each lot <br />within the Subdivision shall pay ongoing sewer use charges at the House Unit Flat Charge rate <br />set forth in the City's fee schedule for residential properties not served by the City water utility. <br />7. Miscellaneous Provisions. <br />A. Entire Agreement. This Agreement incorporates the entire <br />understanding between the parties and supersedes all prior understandings and agreements <br />related to the subject matter. This Agreement cannot be amended, altered or modified, and no <br />provisions can be waived, unless the amendment, change or modification is in writing and <br />signed by both parties. <br />B. Benefit. This Agreement shall bind and inure to the benefit of the parties <br />and their respective successors and permitted assigns. <br />C. No Waiver. No waiver of any breach or any agreement, covenant or <br />restriction contained herein shall be construed to be a waiver of any other or future breach of the <br />same or other covenants or restrictions. <br />D. Notice Addresses. All notices shall be sent by registered or certified mail <br />addressed as follows: <br />City: City Engineer <br />City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />HOA: Meadowwoods Village Homeowners Association <br />c/o Cities Management <br />2100 Summer Street NE, Suite 280 <br />Minneapolis, MN 55413 <br />Attention: Chris Shaw <br />Either party may, by such notice, designate a new or other address to which notice may be <br />mailed. <br />E. Heading and Captions. The headings and captions of the paragraphs and <br />subparagraphs of this Agreement are inserted for convenience and reference only and shall not <br />constitute a part of this Agreement or a limitation on the scope of any paragraph or subparagraph. <br />F. Severability. Whenever possible, each provision of this Agreement shall be <br />interpreted in such manner as to be effective and valid under applicable law, but if any provision <br />of this Agreement is held to be invalid, illegal or unenforceable under any applicable law or rule, <br />such provision will be ineffective only to the extent of such invalidity, illegality or unenforceability <br />without invalidating the remainder of this Agreement. <br />G. Counterparts. This Agreement may be executed in two or more <br />counterparts, each of which shall be deemed an original, but all of which together shall constitute <br />one and the same document. <br />3 <br />Page 203 of 273 <br />
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