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WHEREAS, the closest connection for sanitary sewer service for the Property is the City <br />of Mounds View's sanitary sewer service; and <br />WHEREAS, the City of Mounds View has agreed to allow the Property to be connected to <br />the City of Mounds Views' sanitary sewer system and to remain connected to the City of Mounds <br />View's water system, provided the Owners enter into this Agreement with the City of New <br />Brighton; and <br />WHEREAS, the Owners desire that the Property be permitted to connect to and use the <br />City of Mounds View's sanitary sewer and water service systems; and <br />WHEREAS, the City is willing to grant such permission upon certain terms and <br />conditions. <br />NOW, THEREFORE, IT IS AGREED AS FOLLOWS: <br />1. The 1965 Agreement is hereby rescinded and shall be no longer in force or effect. <br />2. The City agrees that the Property may continue to be connected to the City of <br />Mounds View's water system. <br />3. The City hereby grants the Owners permission to connect to and use the City of <br />Mounds View's sanitary sewer system. The Owners shall be responsible for the <br />costs of connecting the Property to the City of Mounds View's sanitary sewer <br />system and any costs to be paid to the City of Mounds View related to the <br />connection, including but not limited to, permits, and connection charges. <br />4. The Owners hereby further covenant and agree that by the City giving them <br />permission to connect the Property to the City of Mounds View's sanitary sewer <br />and water systems that said permission must not be the basis for any objection by <br />the Owners or their successors to the ordering, installation, or assessment by the <br />2 <br />NE136-24-684137.v1 <br />