10-24-22-R - Laserfiche WebLink

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2. The owners of the subject property or its current owner shall be solely responsible for the maintenance of the lift station and forcemain (including the forcemain connection at the downstream structure), and shall bear all costs of such maintenance. If Independent School District #621 does not undertake the necessary maintenance within 30 days of notification by the City, the City may undertake such maintenance, but the costs reasonably incurred by the City for performing such maintenance shall be reimbursed to the City by the owner(s) of the Subject Property. 3. All reasonable costs the City may incur in performing its maintenance responsibility under this Agreement shall be reimbursed to the City by the owners of the various lots contained within the Subject Property with such costs to be allocated among those lots on equal basis per lot. 4. If the City is not reimbursed within thirty (30) days, the City may levy a special assessment equal to the amount of the reasonable City costs incurred against the Subject Property on each occasion that the City is required to perform the maintenance. The special assessment shall be apportioned (fraction) to each of the lots constituting the Subject Property. If a lot is subsequently subdivided, the special assessments for the subdivided lot shall be reapportioned on a square footage basis over the new lots created from the subdivided lot. The assessment shall be spread over five (5) years together with annual interest equal to the prime interest rate on the unpaid balance. The current owner of the Subject Property waives all procedural and substantive objections to the public improvements and special assessments including but not limited to hearing and notice requirements, and claims that the amount of the assessment exceeds the benefit to the property. The right to appeal the assessments pursuant to Minn. Stat. § 429.081 is also waived. 5. The terms and conditions of this Agreement shall be binding upon, and shall inure to the benefit a, the parties hereto and their respective successors and assigns and shall be recorded against the title to th'6"Subject Property. -3- H:\WOLD PR\OV 1125296\5_Permits\5_City\Sanllary Sewer Agreement - MV HS.docx