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4.7. SR 07-01-2019
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4.7. SR 07-01-2019
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4 <br /> <br />The Vacation of the Right-of-Way is not deemed approved by this Agreement but is subject <br />to the applicable notice and public hearing requirements of Minn. Stat. § 412.851, and <br />consideration by the City Council on July 15, 2019. This Agreement does not restrain the exercise <br />of the City Council with respect to the decision which it will make on the Resolution co ntemplated <br />herein. <br /> 5. BOUNDARY ADJUSTMENT. Upon City Council approval of the Resolution as <br />contemplated in Section 3 above and application by SNL, and after a complete application <br />conforming to City requirements filed by SNL, the City Council shall approve a boundary line <br />adjustment across plat boundaries between the Westwood Plat and the Island View Plat to be <br />memorialized on a Final Plat, submitted by SNL, which will conform to the new parcel boundaries <br />shown on the attached Exhibit C (“Boundary Adjustment”). The Boundary Adjustment shall be <br />contingent upon the Closing of the Property located at 13008 Island View Drive. <br /> 6. LICENSE AGREEMENTS. To the extent that SNL wants to retain encroachments <br />within the City’s remaining right-of-way over Western Avenue, SNL agrees to execute the license <br />agreement, attached as Exhibit D. <br /> 7. CONTINGENT SETTLEMENT. This Agreement constitutes a contingent <br />agreement. In the event that any of the following events contemplated herein do not occur, this <br />Agreement is null and void and of no further force and effect: <br />A. A Closing of the Property located at 13008 Island View Drive on or before <br />July 12, 2019. <br />B. Reimbursement to City the sum of FIFTY -EIGHT THOUSAND <br />DOLLARS ($58,000), as described in paragraph 3 above . <br /> C. City Council approval of Resolution by July 15, 2019.
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