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12. <br /> <br />13. <br /> <br />31, 1994, rough grade the road right-of-way in accordance <br />with a plan prepared and approved by the City Engineer <br />and on file with the city. WMMI's obligation hereunder <br />shall be limited to movement of 10,000 cubic yards of <br />soil material and shall be further limited to areas which <br />do not disturb wetland areas. Any soil material moved <br />by WMMi that is not needed for rough grading the road <br />right-of-way including wetland filling may, upon approval <br />by the City, be removed by WMMI from the parcel for <br />WMMI's use. Any preparation of the area to be rough <br />graded which must be accomplished prior to such rough <br />grading, e.g. clearing of woodlands, shall be the sole <br />responsibility of the City. Subcut below final proposed <br />grade shall be made only for the purpose of soil <br />correction and minor adjustment of subgrade. Obtaining <br />any permits or other approvals which may be required to <br />locate or rough grade the road right-of-way shall be the <br />sole responsibility of the City. <br /> <br />Proration of Taxes. WMMI and the City shall prorate as <br />of the date of transfer the real estate taxes and <br />installments of special assessment due and payable in the <br />year in which each transfer occurs. <br /> <br />Dismissal of suit. Upon execution of this Settlement <br />Agreement, the City shall execute and deliver to WMMI its <br />dismissal with Prejudice of the City's suite against WMMI <br />captioned City of Anoka and City of Ramsey, Plaintiffs, <br /> <br />9 <br /> <br /> <br />