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repair and maintenance. If the Developer does not undertake the necessary maintenance <br />within thirty (30) days of written notification by the City, the City may contract such <br />maintenance and the costs reasonably incurred by the City for contracting such maintenance <br />shall be reimbursed to the City by the Developer. <br />4. Assessment. The Developer hereby waives any statutory right, if found in <br />default, to contest any assessment by the City for its costs of maintenance/repair as permitted <br />herein, on the basis of the benefit to portions of the Property. <br />5. Future City Policy. Notwithstanding anything contained in the Agreement to <br />the contrary, in the event the City shall in the future establish a policy for repair and <br />maintenance by the City of Storm Water Maintenance Practices owned by private parties <br />located elsewhere in the City under which policy the costs of such repair and maintenance are <br />to be paid either out of general City revenues or by collection of utility or service fees or <br />charges, then any owner of any portion of the Property shall be entitled to petition the City for <br />the inclusion of the Storm Water Management Practices under such repair and maintenance <br />program. The recording of a certified copy of the resolution of the City Council of the City <br />which sets forth the consent and authorization described in the foregoing sentence shall serve <br />to terminate this Agreement, without further action on the part of any party hereto. <br />6. Binding on Successors. The terms and conditions of this Agreement shall <br />be binding upon, and shall insure to the benefit of, the parties hereto and their respective <br />successors and assigns. <br />7. Record Agreement. This Agreement shall be recorded in the Anoka County, <br />Minnesota Recorder's Office. It shall be the Developer's responsibility to pay the applicable <br />recording fees. <br />IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as <br />of the day and year first above written. <br />CITY OF RAMSEY: <br />By: <br />Its Mayor <br />By: <br />Its City Administrator <br />3 <br />