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Exhibit A; (7) that payment by the City of the Cost of the Project shall create an unpaid special <br />charge against the Properties; (8) that this unpaid special charge shall be specially assessed against <br />each Property within the Subdivision by the City as allowed by Minnesota Statutes, Section <br />429.101, subd. 1(a)(3); (9) that the City will conduct this assessment pursuant to the procedures in <br />Minn. Stat. Ch. 429; and (10) that the special assessment shall be payable in _10_ equal annual <br />installments with interest accruing on unpaid installments at the rate of _5.3_%. <br />Owners expressly waive the right to a hearing on assessments levied pursuant to this <br />Agreement; expressly waive objection to any irregularity with regard to the assessment of the <br />Properties for the Cost of the Project; expressly agree that any amount assessed for the Project that <br />is equal to or less than the maximum amount set forth in Exhibit A is reasonable; expressly waive <br />any claim that any amount assessed is excessive; expressly waive all rights of appeal, including <br />any rights under Chapter 429, Minnesota Statutes, from the assessment by the City of the Cost of <br />the Project; and expressly agree to pay when due all assessments levied for the Cost of the Project. <br />Owners represent and warrant that they are the fee Owners of the Properties as identified <br />on the signature page of this Petition, Waiver and Agreement; agree to make payment of all <br />assessments levied pursuant to this Agreement for payment of the Cost of the Project; agree that <br />they shall be personally liable for payments not made; agree that this Agreement shall be binding <br />on Owners and Owner's successors and assigns; agree that all assessments levied pursuant to this <br />Agreement shall be paid in full prior to or at the time of transfer of the Property to a subsequent <br />owner; and agree that this Agreement may be recorded against the title to the Properties. <br />Owners acknowledge that this Petition, Waiver and Agreement may be executed <br />electronically and in counterparts. <br />[Signature pages to follow] <br />2 <br />2267920 <br />