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4.12. SR 05-18-2015 �j Elk = - Request for Action River To Item Number Mayor and City Council 4.12 Agenda Section Meeting Date Prepared by Consent May 18, 2015 Dan Belair, Engineering Technician Item Description Reviewed by Petition,Waiver, and Agreement for 11814 Cal Portner, City Administrator Highland Road Reviewed by Action Requested Approve, by motion,Petition, Waiver, and Agreement for payment and assessment of costs associated with the sewer and water connection at 11814 Highland Road. Background/Discussion According to adopted policy, Petition, Waiver, and Agreements in excess of$20,000 must be approved by the City Council. Staff has reviewed this petition and recommends approval. Financial Impact The $23,167.99 costs associated with this connection will be repaid to the city by the property owner as a special assessment over a 10-year term. Attachments ■ Signed Petition,Waiver, and Agreement P0WIeEa 0 Template Updated 4/14 INAWREJ PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE COST OF INSTALLATION AND CONNECTION OF, OR REPAIRS TO, PRIVATE UTILITY 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 Hu be C ;. ,� . 1� �'.� t. M �'� " (the Owners), owners of the property located at 11< N 14 V�.) and legally described on Exhibit A attached hereto (the Property), Petition the City of Elk River (the City) to pay the costs of installation and connection of, or Repairs to, (the Work) private utility lines located on the Property or in the Right-of-Way directly adjacent to the Property, including: X Installation and connection of private water service lines Installation and connection of private sanitary sewer service lines Repair of private water service lines Repair of private sanitary sewer service lines In an amount not to exceed that set forth on Exhibit B attached hereto (Cost of the Work); and, To levy a special assessment against the Property as an unpaid special charge pursuant to Minnesota Statutes, Section 429.101 in the amount of the Cost of Work plus the total of the following charges (if Applicable):. Cost of the Work (from Exhibit B) O 0 Sewer Access Charge (fill in current year fee) S 3 Water Access Charge (fill in current year fee) 000 Trunk/Lateral Charges (to be determined based on costs to provide services) TOTAL ASSESSMENT AMOUNT (Sum of all listed amounts) Owners acknowledge and agree: X Installation and connection: 1) that the Property is required to be connected to the City water and/or sanitary sewer systems; 2) that the Property is not connected to the public water and/or sanitary sewer services as required; 3) that the Work identified on Exhibit B is reasonable and necessary to connect the Property to the City water and/or sanitary sewer system; 4) that the Cost of the Work identified on Exhibit B is reasonable and necessary to affect the Work and is the responsibility of Owners; and 5) that Owners have been provided the opportunity to pay the Cost of the Work without the City's involvement and have elected, instead, to petition the City to pay the Cost of the Work and to assess the full amount of the Cost of the Work to the Property. Repairs: 1) that there has been a failure of the utility lines on the Property; 2) that the failure of the utility lines has created a public health and safety hazard on the Property; 3) that the Work identified on Exhibit B is reasonable and necessary to eliminate the public health and safety hazard on the Property; 4) that the Cost of the Work identified on Exhibit B is reasonable and necessary to affect the Work and is the responsibility of Owners; and 5) that Owners have been provided the opportunity to pay the Cost of the Work without the City's involvement and have elected, instead, to petition the City to pay the Cost of the Work and to assess the full amount of the Cost of the Work to the Property. Owners acknowledge that the City may accept or reject this Petition, Waiver and Agreement in its sole discretion, for any reason, including, but not limited to, the availability of City funds to pay the Costs of the Work and agree, if the City accepts this Petition, Waiver and Agreement: 1) to have the Work identified on Exhibit B completed as required by the policies and ordinances of the City; 2) that the Work performed shall be privately contracted by the Owners; 3) that the City shall bear no responsibility for or liability related to the performance of the Work; 4) that Owners shall hold harmless and indemnify the City from any claims related to the performance of the Work; 5)to procure and pay the cost of all permits required for the work; 6) to submit evidence to the City that the Work has been inspected and accepted by the City Building Official; 7)that, upon completion and acceptance of the Work, City shall make payment to the Owner's contractor or other parties who performed the Work in an amount not to exceed the Cost of the Work identified on Exhibit B; S) that payment by the City of the Cost of the Work shall create an unpaid special charge against the Property; 9) that this unpaid special charge shall be specially assessed against the Property by the City pursuant to Minnesota Statutes, Section 429.101; and 10) that the special assessment shall be payable in equal annual installments with interest accruing on unpaid installments at the rate of %. Owners expressly waive the right to a hearing on assessments levied pursuant to this petition; expressly waive objection to any irregularity with regard to the assessment of the Property for the Cost of the Work; 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 the Work; and expressly agree to pay when due all assessments levied for the Cost of the Work. Owners represent and warrant that they are the sole fee Owners of the Property; agree to make payment of all assessments levied pursuant to this Petition, Waiver and Agreement for Payment of the Cost of the Work; agree that they shall be personally liable for payments not made; agree that this Agreement shall be binding on Owners and Owner's successors and assigns; agree that all assessments levied pursuant to this Petition shall be paid in full prior to or at the time of transfer of the Property to a subsequent owner; agree that this Agreement may be recorded against the title to the Property; and agree that any unpaid or outstanding trunk utility assessments already levied against the Property shall remain in effect and will not be rolled into the assessments authorized by this Petition, Waiver and Agreement. Dated this 'IS day of W y 320 5 OWNER By: Its: For Office Use Application Approved: By: Date: Permit No(s): Work completed on: Approved for Final Payment: By: Date: EXHIBIT A Legal Description �� y EXHIBIT B Work: Cost of the Work: