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<br /> <br />incorporation, the Association, does not undertake the necessary maintenance within <br />30 days of notification by the City, or within 30 days provide the City with a schedule for <br />undertaking the necessary maintenance, the City may undertake such maintenance, and <br />the costs reasonably incurred by the City for performing such maintenance shall be <br />reimbursed to the City within 30 days by the party responsible for such maintenance and, <br />if the responsible party does not timely reimburse the City, then the City may recover its <br />costs by levying a special assessment against all single family house lots in the Subject <br />Property, each lot to bear an equal share. <br />C. (*) , as present owner of the Subject Property, <br />for itself and respective successors and assigns, hereby waives any statutory right which <br />it may have to contest any such assessment by the City of its maintenance costs on the <br />basis of the benefit to portions of the Subject Property. <br />D. Notwithstanding anything contained in this Agreement to the contrary, in the event the <br />city shall establish a policy for maintenance by the City of Storm Water Management <br />Practices located elsewhere in the City of Arden Hills, Minnesota under which policy the <br />costs of such maintenance are to be paid either out of general City revenues or by <br />collection of utility or service fees or charges, then any owner of any portion of the <br />Subject Property shall be entitled to petition the City for the inclusion of the Storm Water <br />Management Practice under such maintenance program, and the City shall consent to <br />such request and thereupon authorize the termination of this Agreement. The recording of <br />a certified copy of the Resolution of the City Council of the City which sets forth the <br />consent and authorization described in the foregoing sentence shall serve the terminate <br />this Agreement, without further action on the part of any party hereto. <br />E. The terms and conditions of this Agreement shall be binding upon, and shall insure to the <br />benefit of, the parties hereto and their respective successors and assigns. <br />III. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed <br />as of the day and year first above written. <br /> <br />THIS INSTRUMENT DRAFTED BY ______________ <br /> <br /> <br />Dr <br />a <br />f <br />t <br /> <br />11 <br />/ <br />2 <br />0 <br />/ <br />2 <br />0 <br />1 <br />7