Agenda - Council - 09/13/2004 - Laserfiche WebLink

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16. 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 Subject 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 any lot or outlot pursuant to Exhibit F exceeds the benefit to such lot or outlot. Developer 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. As set forth in Section 16.4, the consents and waivers set forth in this Section 7.6 mn with title to the Subject Property and are binding on the Developer and its successors and assigns. Until the City levies the special assessment, the special assessment constitutes a pending special assessment. Once the City levies the special assessment and subject to Section 7.7, Developer must pay the installments of special assessment certified for payment with annual real estate taxes when and as they become due. The pending special assessment described in this. Section 7.6 are allocated among the lots and outlots the Master Final Plat creates in the manner set forth on the attached Exhibit F. If a subsequent Final Plat for a Phase subdivides one or more of the lots or outlots referenced on Exhibit F, the City must allocate the special assessment pending or levied against that lot or outlot among the lots or outlots created by such Final Plat. The Developer or a Secondary Developer, if applicable, must prepare and submit to the City, [br its review, a proposed allocation of the pending or levied special assessments among the Jots or outlots created by such Final Plat. The City must adopt the Developer's or, if applicable, a Secondary Developer's proposed allocation if the Developer's or, if applicable, a Secondary Developer's proposed allocation is done on a ppr square foot basis. The City may accept or reject other proposed allocations in its sole and absolute discretion. The City and the Developer agree that notwithstanding the actual costs of the City Phase I Roadway hnprovements, the City will not assess more than $ against the Subject Property for the City Phase I Roadway Improvements. Section 7,8 o the Master Development Agreement is hereby amended to read as follows: 7.8 CONDITIONS PRECEDENT TO THE CITY'S CONSTRUCTION OF THE CITY PHASE II ROADWAY IMPROVEMENTS. The City is not obligated to issue the b6nds described in Section 7.11 or cormnence the construction of the City Phase Il Roadway Improvements until: (a) The Developer has dedicated to the City all rights-of-way-upon which the City Phase I[ Roadway Improvements are to be constructed; [684445v2 5 -325-