ERMUSR INFORMATION 2 11-15-2011
PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE COST OF REPAIRS
TO PRIVATE WATER SERVICE LINES AND ASSESSMENT OF AMOUNTS PAID AS A
SPECIAL CHARGE UNDER
MINNESOTA STATUTES, SECTION 429.101
TO: City Council of the City of Elk River
located at
(the Owners), owners of the property
Exhibit A attached hereto (the Property),
and legally described on
Petition the City of Elk River (the City) to pay the costs of certain repairs (the Repairs) to private
water service lines on the Property in an amount not to exceed that set forth on Exhibit B
attached hereto (the Cost of Repairs), and to levy a special assessment against the Property in the
amount of the Cost of Repairs as an unpaid special chazge pursuant to Minnesota Statutes,
Section 429.101.
Owners acknowledge and agree: 1) that the Repairs identified on Exhibit B are
reasonable and necessary repairs to eliminate the public health and safety hazazd on the Property;
2) that the Cost of Repairs identified on Exhibit B are reasonable and necessary to affect the
Repairs and are the responsibility of Owrters; and 3) that Owners have been provided the
opportunity to pay the Cost of Repairs without the City's involvement and have elected, instead,
to petition the City to pay the Cost of Repairs and to assess the full amount of the Cost of Repairs
to the Property.
Owners agree: 1) to have the Repairs identified on Exhibit B completed as required by
the policies and ordinances of the City and Elk River Municipal Utilities (ERMU); 2) to submit
evidence to the City that the Repairs have been inspected and accepted by the City Building
Official and ERMU; 3) that, upon completion and acceptance of the Repairs, ERMU shall make
payment to the Owner's contractor or other parties who performed the Repairs in an amount not
to exceed the Cost of Repairs identified on Exhibit B; 4) that payment by the ERMU of the Cost
of Repairs shall create an unpaid special charge against the Property; 5) that this unpaid special
charge shall be specially assessed against the Property by the City pursuant to Minnesota
Statutes, Section 429.101; and 6) that the special assessment shall be payable in equal
annual installments with interest accruing on unpaid installments at the rate of %.
Owners represent and warrant that they are the sole fee Owners of the Property and agree
to make payment of all assessments levied pursuant to this Petition, Waiver and Agreement for
Payment of the Cost of Repairs.
Owners expressly waive objection to any irregularity with regard to the assessment of the
Property for the Cost of Repairs, expressly agree that the amount assessed is reasonable,
expressly waive any claim that the amount assessed is excessive, expressly waive all rights of
appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment by the
City of the Cost of Repairs, and expressly agree to pay when due all assessments levied for the
Cost of Repairs.
Dated this day of , 20
OWNER
By:
Its:
EXHIBIT A
Legal Description
EXHIBIT B
Repairs:
Cost of Repairs:
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