Agenda - Council - 07/12/2016 - Laserfiche WebLink

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substantive objections to a special assessment in that amount, including, but not limited to, notice and hearing requirements, claims that the Property, or any part thereof, does not receive a benefit from the City Phase I Roadway Improvements, claims that the assessment is not uniform upon the same classes of property and claims that the amount of the special assessment allocated to the Property exceeds the benefit to the Property. DRH also waives any appeal rights otherwise available pursuant to Minnesota Statutes, Section 429.081 and any rights available under the City Charter or the City Ordinances. The consents and waivers set forth in this Section 4(a) run with title to the Property and are binding on DRH and its successors and assigns. The City does not intend to levy the special assessment until the City completes the City Phase I Roadway Improvements. Until the City levies the special assessment, the special assessment constitutes a pending special assessment. If the cost of the City Phase I Roadway Improvements is greater than anticipated, the City reserves the right to levy an assessment in a greater amount or levy supplemental assessments pursuant to Minnesota Statutes, Section 429.071, but DRH has not, in any way, consented or agreed to an assessment in an amount greater than $82,347.29 or to supplemental assessments or waived any appeal rights with respect to an assessment in an amount greateethan $82,347.29 or to supplemental assessments. RTC acknowledges that, as between DRH and RTC and pursuant to the Option Contract, all such special assessments are the sole responsibility of RTC. Notwithstanding the preceding sentence, the City is not precluded from levying additional or supplemental assessments against the Property pursuant to Section 7.6 of the Master Development Agreement. (b) City Phase II Roadway Improvements. Minnesota Statutes Chapter 429, the City's Charter and the City's Ordinances authorize the City to assess the cost of the City Phase II Roadway Improvements against the Property. DRH hereby consents to an assessment by the City in an amount equal to $31,552.04 against the Property, pursuant to Minnesota Statutes Chapter 429, the City Charter and the City Ordinances and waives any and all procedural and substantive objections to a special assessment in that amount, including, but not limited to, notice and hearing requirements, claims that the Property, or any part thereof, does not receive a benefit from the City Phase II Roadway Improvements, claims that the assessment is not uniform upon the same classes of property and claims that the amount of the special assessment allocated to the Property exceeds the benefit to the Property. DRH also waives any appeal rights otherwise available pursuant to Minnesota Statutes, Section 429.081 and any rights available under the City Charter or the City Ordinances. The consents and waivers set forth in this Section 4(b) run with title to the Property and are binding on DRH and its successors and assigns. The City does not intend to levy the special assessment until the City completes the City Phase II Roadway Improvements. Until the City levies the special assessment, the special assessment constitutes a pending special assessment. If the cost of the City Phase II Roadway Improvements is greater than anticipated, the City reserves the right to levy an assessment in a greater amount or levy supplemental assessments pursuant to Minnesota Statutes, Section 429.071, but DISH has not, in any way, consented or agreed to an assessment in an amount greater than $31,552.04 or to supplemental assessments or waived any appeal rights with respect to an assessment in an amount greater than $31,552.04 or to supplemental assessments. RTC acknowledges that, as between DRH and RTC and pursuant to the Option Contract, all such special assessments are the sole responsibility of RTC. Notwithstanding the preceding sentence, the City is not precluded from levying additional or supplemental assessments against the Property pursuant to Section 7.12 of the Master Development Agreement. 2435260v2 121086848v1 820716