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