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ASSESSMENT AGREEMENT - CHESTNUT HILLS <br /> <br /> WHEREAS, the Agreement requires that Developer enter into this <br />Assessment Agreement relating to certain Public Improvements, as defined in the <br />Agreement, which City will be installing for the benefit of the Plat. <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants and <br />obligations of the City and the Developer, each party does hereby represent, <br />covenant and agree with the other as follows: <br /> <br />ARTICLE I <br /> <br />REPRESENTATIONS AND UNDERTAKINGS <br /> <br />The Developer makes the following representations and undertakings: <br /> <br />The Developer has the legal authority and power to enter into this <br />Assessment Agreement. <br /> <br />The Developer will comply with and fulfill each of its obligations as <br />required by the Agreement. <br /> <br />The City makes the following representations and undertakings: <br /> <br />The City is authorized by law to enter into this Assessment <br />Agreement. <br /> <br />b. The City will eomply with and fulfill each of its obligations as <br /> required by the Agreement. <br /> <br />The City will construct the Public Improvements under the terms and <br />conditions of the Agreement, and will follow the City's normal <br />inspection and acceptance practices, pay its contractor for the work <br />and will not permit liens to be filed against the Plat. <br /> <br />ARTICLE II <br /> <br />WAIVER <br /> <br />Developer waives all right to public hearing and other statutory, City <br />Charter and City Ordinance rights, and specifically all rights to appeal, all <br />as granted to a property owner under Chapter 429 of Minn. Statutes, <br />Chapter $ of the City Charter and City Ordinance 84-8 respectively, as said <br />rights granted therein relate to those Public Improvements described in the <br />Agreement. <br /> <br />A-2 <br /> <br />I <br />I <br /> <br /> <br />