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Each installment of the special assessment principal and interest will become due and payable on <br /> the same schedule as the property taxes for the Subject Property beginning in 2013. Default by <br /> failure to pay any amount of an installment or interest when due shall cause the balance of all <br /> outstanding or remaining installments to become due and payable immediately or on- demand as <br /> the City may require. <br /> 2. The Property Owner waives any and all procedural and substantive objections to <br /> the remediation of their Property and special assessments, including, but not limited to, hearing <br /> requirements and any claims that the assessment exceeds the benefit to the Subject Property. The <br /> Property Owner waives any right to appeal pursuant to Minn. Stat. §429.081. <br /> 3. Property Owner may prepay the entire special assessment without interest if paid <br /> in full by October 1, 2013. Thereafter, prepayments together with applicable interest would be <br /> permitted as provided in State law. <br /> 4. The Owner agrees to provide to the City, at no cost to the City, the right -of -way, <br /> temporary easements or licenses to remediate the Subject Property. <br /> 5. This Agreement shall be binding upon the Property Owner and the Property <br /> Owner's successors and assigns. This Agreement or any special assessment imposed pursuant to <br /> this Agreement may be recorded against the title to the Subject Property and it shall run with the <br /> property. <br /> 6. The Property Owner agrees that for purposes of this Agreement the Subject <br /> Property shall no't be subject to Minnesota Statute Section 273.111, (also known as "Green <br /> Acres). <br /> 7. No remedy herein conferred upon or reserved to the City or other governmental <br /> agencies are intended to be exclusive of any other available remedy or remedies, but each and <br /> every such remedy shall be cumulative and shall be in addition to every other remedy given <br /> under this Agreement or now or hereafter existing at law or in equity or by statute. The City may <br /> pursue the remedies available under this Agreement independently from the remedies available <br /> to any other entity which may attempt to take legal action against the Subject Property or the <br /> Property Owner. <br /> 8. ,Na delay or omission to exercise any right or power accruing upon any default <br /> shall impair any such right or power or shall be construed to be a waiver thereof, but any such <br /> -4- <br />