PETITION AND WAIVER AGREEMENT
This Agreement made this _____day of ______, 20___ , by and between the City of Wyndmere, a North Dakota Municipal Corporation, whose principal address is PO Box 220, Wyndmere, North Dakota 58081 (“City”) and ______(“Owner”), whose address is ______.
WHEREAS, Owner is the fee owner of a certain tract of land in the City of Wyndmere, County of Richland, State of North Dakota, which is legally described as: ______; and
WHEREAS, the City undertook its Sanitary Sewer Improvement District 2011-1 project;
and
WHEREAS, the City has adopted Ordinance No. 105, an Ordinance Establishing Additional Sewer Connection Surcharge Fee requiring a surcharge connection fee of Six Thousand Nine Hundred Seventy-seven Dollars and 46/100ths ($6,977.46); and
WHEREAS, the Owner has requested and the City has agreed in conjunction with the surcharge fee to allow the owner to have the surcharge fee financed by the City levying an assessment against the property which will be payable to the City in installments over twenty (20) years with interest at the rate of four percent (4%) per annum in accord with the amortization formula attached hereto as Exhibit “A”; and
WHEREAS, Owner requests that payment to the City of the cost for which the surcharge is being imposed be financed by the City through the levying and assessment against the property as the same is being assessed against other properties within the City payable in installments over twenty (20) years; and
WHEREAS, the City is willing to accept the annual special assessment levy fee and certification of the same against the above described property in lieu of the sewer connection surcharge fee provided for in Ordinance No. 104; and
WHEREAS, were it not for the levy of the special assessments as provided for herein, the City would not allow for the connection of the above described property to the City’s sewer and water system; and
NOW, THEREFORE, on the basis of the mutual covenants and agreements hereinafter provided, it is hereby agreed by and between the parties hereto as follows:
1. The Owner hereby petitions the City to special assess against the real property located in the City as described above of the sum of Six Thousand Nine Hundred Seventy-Seven Dollars and 46/100ths ($6,977.46) in lieu of being required to pay the sewer connection surcharge fee in the same amount.
2. The Owner represents and warrants that the Owner is the owner of 100% of
the Property described above, and that the Owner has full legal power and authority to encumber the Property as herein provided, and that as of the date hereof, the Owner has a fee simple absolute title to the Property.
3. Owner agrees that Owner will take no action to protest in any way for any reason the amount of the special assessment to be levied against Owner’s property during the term of the outstanding bond issue funding Sanitary Sewer Improvement District 2011-1 for the amount of the assessment which is to be assessed by the City against the property in the amount of Six Thousand Nine Hundred Seventy-seven Dollars and 46/100ths ($6,977.46) with interest thereon at the annual rate of four percent (4%) amortized over twenty (20) years on the schedule set forth on attached Exhibit “A”.
4. Owner agrees that the assessment will be payable pursuant to said
amortization schedule and further understands and agrees that the interest
rate to be applied to the assessment will be four percent (4%) per annum.
5. Owner understands that Owner is entitled to pay the surcharge called for in
Ordinance No.139 and in lieu thereof, wishes to pay the equivalent thereof as a special assessment and thereby waives the Owner’s rights to notice and a public hearing on the levy of the assessment against the property.
6. Owner waives the right to appeal the levy of the assessment in accordance
with this agreement pursuant to the terms hereof, or otherwise, and further specifically agrees with respect to such assessments or reapportionment that:
a. Any requirements of the State of North Dakota Statutes or the City
Ordinances with which the City does not comply are hereby waived by the Owner;
b. The increase in fair market value of the property resulting from
construction of the improvements in and for Sanitary Sewer Improvement District 2011-1 will be at least equal to Six Thousand Nine Hundred Seventy-seven Dollars and 46/100ths ($6,977.46) and that such increase in fair market value is a special benefit to the property;
c. Assessment of 100% of the cost of the improvements against the
property is reasonable, fair and equitable and is the same as being assessed against similar properties; and
d. Owner specifically waives notice and the right to appeal
reapportionment of such assessment upon the above described property pursuant to Title 40 of the North Dakota Century Code.
7. The covenants, waivers and agreements contained in this agreement shall
bind the successors and assigns of the Owner and shall run with the property and bind all successors in interest thereof. It is the intent of the parties hereto that this agreement be in a form which is recordable among the land records of Richland County, North Dakota; and they agree to make any changes in this agreement which may be necessary to effect the recording and filing of this agreement against the title to the property.
8. This agreement shall terminate upon the final payment of the assessment
levied against the property regarding the improvements, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written above.
OWNER: CITY OF WYNDMERE
By:______By: ______
Nathan Brandt, Mayor
ATTEST:
______
Gail Anderson, City Auditor
STATE OF NORTH DAKOTA )
)SS
COUNTY OF RICHLAND )
On this day of ______, 20__, ______(name), personally appeared before me, a notary public, within the aforesaid County and State, ______, personally known to me to be the Owner described in the above document, and acknowledged to me that he/she executed the foregoing instrument.
______
Notary Public
STATE OF NORTH DAKOTA )
)SS
COUNTY OF RICHLAND )
On this ______day of ______, 20__, personally appeared before me, a notary public, within the aforesaid County and State, Nathan Brandt and Gail Anderson, personally known to be the Mayor and City Auditor, respectively of the City of Wyndmere, and acknowledged to me that they executed the foregoing instrument for and on behalf of said City.
______
Notary Public