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

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17. (b) The Developer has provided the City with and the City has approved a detailed landscaping plan specifically describing the landscaping which the Developer will construct and install within or adjacent to the rights-of-way for the City Phase II Roadway In~provements (the "Phase II Landscape Plan"). The Phase II Landscape Plan must identify a commencement date for the Developer's performance of the work described in the Phase II Landscape Plan. The commencement date may be stated as a number of days following the City's substantial completion of the City Phase II Roadway hnprovements (exclusive of the installation of the final lift). The Phase II Landscape Plan must also establish a specific completion date for the Developer's performance of the work described in the Phase II Landscape Plan. The completion date may be stated as a number of days from the commencement date. The Developer will not be deemed to have satisfied this condition until the City has approved the Phase II Landscape Plan; and (c) The Developer has delivered a letter of credit to the City in accordance with Section 12.4 herein. [WHAT ELSE?] Section 7.12 of the Master Development Agreelnent is hereby amended to read as follows: 7.12 ASSESSMENT AGREEMENT FOR CITY PHASE ROADWAY IMPROVEMENTS. Mirmesota 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 Subject Property. The City cun'ently estimates that the City Phase II Roadway hnprovements will cost $1,678,000.00. lis this still aceurate?] The Developer and Interested Parties hereby consent to an assessment by the City in an amount equal to $ [What portion of the $1,341,325 is for the Phase II Roadway Improvements?] against the Subject Property (to be allocated among the lots and outlots the Master Final Plat creates pursuant to the percentages set forth on Exhibit F), pursuant to Mirmesota 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 lilnited to, notice and hearing requirements, claims that the Subject Property, or any part thereof, does not receive a benefit fi'om the City Phase II Roadway Improvements, clailns 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 parcel pursuant to Exhibit F exceeds the benefit to such lot or parcel. 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 7.12 run 1684445v2 2326-