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<br />. <br /> <br />e <br /> <br />I <br />I <br />! <br />I <br />I <br />I <br />I <br />ei <br /> <br />FROM L~RKIN HOFFM~N D~LY LINDGREN 612-8963265 <br /> <br />04.20.1994 12:52 <br /> <br />P. 11 <br /> <br />10.) Waiver of Right to Appeal - Developer has petitioned <br />the City to install the Improvements identified in this <br />Agreement and has agreed to make paYment therefor as Special <br />Assessments levied against the Subdivision. Developer <br />specifically waives any objection to the procedure pursuant to <br />which the City orders the Improvements installed, including any <br />objection to the City's failure to strictly follow the notice <br />and other requirements of Minnesota Statutes Chapter 429 with <br />respect to ordering the Improvements installed. Developer <br />further expressly waives objection to any irregularity with <br />regard to assessment of the amounts set forth in this <br />Agreement; expressly waives any claim that these amounts are <br />excessive; and expressly waives all rights of appeal, including <br />any rights under Chapter 429, Minnesota Statutes, from the <br />Special Assessments levied against the Subdivision by City as <br />provided by the t~rms of this Agreement. <br /> <br />11.) Land Dedication - <br /> <br />(01) Park Dedication - In full satisfaction of the dedication <br />requirements of Section 1008.18 of the Subdivision Ordinance, <br />Developer agrees to pay and the City agrees to accept the sum <br />of Seventy Nine Thousand Three Hundred Fifty Dollars <br />($79,350.00), which Developer agrees is equivalent to the fair <br />market value of the land which it would be required to <br />dedicate. The above sum shall be paid prior to release of the <br />final plat for recording. <br /> <br />(02) Road Dedications - <br /> <br />(a) On-Site ~oads - Freeport Avenue and 191st Avenue, <br />within the boundaries of the Subdivision, shall be <br />dedicated 'to the City on the plat. <br /> <br />(b) Off-Site Roads - Developer shall provide the City <br />with fee title, or a suitable alternative property <br />interest (in the City's sole discretion), to the <br />80 foot wide right-of-way required for the <br />installation of Freeport Avenue and related <br />Improvements between the Subdivision and School <br />Street. Developer shall also obtain and provide the <br />City with the necessary easements and approvals from <br />the Minnesota Department of Transportation (MnDOT) <br />required for the installation of City Installed <br />Improvements in MnDOT right-of-way. <br /> <br />(03) Outlot A - Outlot A shall be deeded to the City. <br /> <br />12.) Security for Developer's Performance - <br /> <br />(01) Security Dur~Qg Construction Period - City will install <br />an estimated Three Million Eight Hundred Thousand Dollars <br />($3,800,000.00) in City Installed On-Site and Off-Site <br />Improvements to enable development of the Project to proceed. <br /> <br />11. <br />