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i. Addition of worship services; <br />ii. Expansion of congregation size; <br />iii. Addition of a daycare facility; <br />iv. Addition of a school or educational facility; <br />v. Addition of commercial kitchen operations; or <br />vi. Any other use determined by the City to increase wastewater generation, <br />the Owner shall notify the City prior to such change in use. <br />(C) In the event the use or occupancy of the property changes as described in Section <br />5(B), the Owner agrees that a new flow monitoring study as described in Section 2 <br />may be required by the City to determine whether the existing OWTS remains <br />adequately sized. <br />(D) If the City determines that additional treatment or dispersal capacity is required due <br />to the change in use, the Owner shall, at its sole expense, upgrade the OWTS as <br />necessary to comply with applicable laws, regulations, and permit requirements. <br />6. INSPECTION AND ACCESS <br />(A) The Owner shall provide reasonable access to the property, records, and OWTS for <br />City representatives for purposes of verifying compliance with this Agreement and <br />applicable regulations. <br />7. RUNNING WITH THE PROPERTY <br />(A) This Agreement shall be binding upon the Owner and its successors, assigns, <br />transferees, and any future owners of the property unless released in writing by the <br />City. The City may record this Agreement against the property with the Anoka <br />County Recorder or Registrar of Titles. <br />8. DEFAULT <br />(A) Failure to comply with the terms of this Agreement shall constitute a violation of <br />applicable City ordinances and may result in enforcement actions authorized by <br />law, including permit revocation, administrative penalties, or other remedies <br />available to the City. <br />9. GOVERNING LAW <br />(A) This Agreement shall be governed by and construed in accordance with the laws of <br />the State of Minnesota and applicable City ordinances. <br />10. ENTIRE AGREEMENT <br />(A) This Agreement constitutes the entire agreement between the parties concerning <br />the subject matter herein and may only be amended by a written instrument <br />executed by both parties. <br />