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<br />PETITION, WAIVER AND AGREEMENT <br />FOR RECONSTRUCTION OF UPLAND AVENUE <br />AND ASSESSMENT OF THE COSTS THEREFOR <br /> <br />TO: Gty Cormci1 of the Gty of Elk River <br /> <br />Joseph R. Dehler (Owner), owner of the property located at 416 Upland Avenue, Gtyof Elk <br />. River, and legally described as follows: <br /> <br />75-411-0306, Auditor's Addition (the Property) <br /> <br />Petitions the Gty of Elk River as follows: <br /> <br />1. To complete, as determined necessary by the Gty of Elk River, reconstruction of <br />Upland Avenue serving the Property (the Improvement) as follows: <br /> <br />Reconstruction Urban Style Street <br /> <br />2. To assess the Property for the cost of completing the Improvement in an amormt <br />not to exceed $4,500. <br /> <br />This amormt represents the current estimated cost of the Improvement. The <br />amormt to be assessed may be increased only if additional Improvements are <br />completed, if the costs of completing the indicated Improvement increases as a <br />result of requests made by Owner or if Owner provides written approval of a larger <br />amormt to be assessed. <br /> <br />3. To levy the assessment for the Improvement such that the assessments shall be <br />paid over such period of time and at such rate of interest as the Gty shall determine. <br /> <br />Owner represents and warrants that he is the sole fee owner of the Property and agrees, in <br />consideration of the Gty's completing the Improvement, to make payment of all assessments levied <br />for the Improvement. <br />Owner specifically waives any objection to the Gty's design and installation of the <br />Improvement, including any objection to the final design of the Improvement, any objection to the <br />final location of the Improvement, any objection to the procedure pursuant to which the Gty orders <br />the Improvement completed, and any objection to the Gty's failure to strictly follow the notice and <br />