2005-07-13 CC Packet - Laserfiche WebLink

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Utility Service Connection ("TUSC") to the City's water main located approximately 800 feet southerly of the property. The TUSC shall be constructed across Sorel Street and cross the city land to the south and connect at Heritage Street and a permit shall be secured from the city therefore. The street right-of-way and city property shall be restored to substantially the same condition as existed before construction. Landowner shall pay utility connection fees typically collected with building permits. 3. Connection with Public Water System. Landowner agrees to connect to the City's public water system in the normal manner at the time that the Subject Property is served with watermain, as provided by City Ordinance. Landowner agrees to pay all applicable connection fees in effect at the time the connection is made. At its sole cost and expense, Landowner shall discontinue use of the TUSC and abandon said TUSC, all in accordance with the requirements of state law and City Code, within thirty (30) days of construction of a watermain installed along Heritage Street "in front of the Subject Property" by the City. The work will be done by or under the supervision of a plumber duly licensed by the State of Minnesota. 4. Waiver of Claims. Landowner agrees to waive any claims against the City that it may have for monetary compensation regarding Landowner's responsibilities under this Agreement. Without limiting the foregoing, Landowner specifically waives (a) any claim it may have for compensation due to the cost of installation of the rusc, (b) any right to claim no benefit to the Subject Property from the installation of the City utilities, and ( c) any right to appeal any special assessments imposed due to installation of the City utilities which are expected to be constructed in approximately 2007. S. Successors and Assigns. Whenever in this Agreement one of the parties hereto is named or referred to, the successors and assigns of such party shall be included and all covenants and agreements contained in this Agreement by or on behalf of either party shall bind and inure to the benefit of their respective successors and assigns. 6. Amendments. This Agreement, or any provision hereof, may not be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 7. Governing Law. This Agreement is made and executed pursuant to and is intended to be governed by the laws of the State of Minnesota. 8. Recording. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CENTERVILLE By: Mary Capra, Mayor By: Teresa Bender, City Clerk 2 ~1