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WHEREAS, the City will allow the Owner to construct the Utility Connections provided <br />the assurances and covenants hereinafter stated are made by the Owner to ensure that the City <br />will have valid and collectable special assessments as they relate to the Subject Property to <br />finance the sewer and water connection fees associated with the Utility Connections; and <br />WHEREAS, were it not for the assurances and covenants hereinafter provided, the City <br />would not grant the Utility Connections without such notices and hearings and is doing so solely <br />at the behest, and for the benefit of, the Owner. <br />NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES <br />HERETO AS FOLLOWS: <br />1. The Owner hereby petitions the City to finance the sewer and water connection <br />fees associated with the Utility Connections. <br />2. The Owner represents and warrants that he is the owner of 100 percent of the <br />Subject Property, that he has full legal power and authority to encumber the Subject Property as <br />herein provided, and that as of the date hereof, he has fee simple absolute title in the Subject <br />Property. <br />3. The Owner requests that 100% of the cost of the sewer and water connection fees <br />associated with the Utility Connections be assessed against the Subject Property. The parties <br />agree and understand that the principal amount to be assessed for the sewer and water connection <br />fees associated with the Utility Connections will not exceed $13,611. <br />4. The Owner waives notice of hearing and hearing on the Utility Connections <br />pursuant to Minnesota Statutes section 429.031, and notice of hearing and hearing on the special <br />assessments levied to finance the sewer and water connection fees associated with the Utility <br />Connections pursuant to Minnesota Statutes section 429.061, and specifically requests that the <br />City grant the Utility Connections and levy special assessments against the Subject Property <br />without hearings. <br />5. The Owner waives the right to appeal the levy of the special assessments in <br />accordance with this Agreement pursuant to Minnesota Statute section 429.081, or <br />reapportionment thereof upon land division pursuant to Minnesota Statute section 429.071, <br />subdivision 3, or otherwise, and further specifically agrees with respect to such special <br />assessments against the Subject Property or reapportionment that: <br />a. Any requirements of Minnesota Statutes chapter 429 with which the City does not <br />comply are hereby waived by the Owner; <br />2 <br />