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31. <br /> <br />7.19 ASSESSMENT AGREEMENT FOR AUAR ROADWAY <br /> <br />IMPROVEMENTS. Minnesota Statutes Chapter 429, the City's Charter <br />and the City's Ordinalces authorize the City to assess the cost of the <br />AUAR Roadway Improvements against the Subject Property..The City <br />cun'ently estimates that the AU,ad~ Roadway Improvements will cost <br />$14,000,000. The Developer hereby consents to an assessment by the City <br />in an amount equal to $3,000,000 against the Subject Property (to be <br />allocated among lots and outlots in the Master Final Plat creates pursuant <br />to the percentages set forth on Exhibit F), pursuant to Minnesota Statutes, <br />Chapter 429, the City Charter and the City Ordinances and waives any and <br />all procedural and substantive objections to a special assessment in that <br />amount, including, but not limited to, notice and hearing requirements, <br />claims that the Subject Property, or any part thereo£, does not receive a <br />benefit from the AUAR Roadway Improvements, claims that the <br />assessment is not uniform upon the same classes of property and claims <br />that the amount of the special assessment allocated to any tot or outlot <br />pursuant to Exhibit F exceeds the benefit to such lot or outlot. Developer <br />also waives any appeal rights otherwise available pursuant to Minnesota <br />Statutes, Section 429.081 and any rights available under the City Charter <br />or the City Ordinances. As set forth in Section 16.4, the consents and <br />waivers set foFth in this Section 7.19 run with title to the Subject Property <br />and are binding on the Developer and its successors and assigns. Until the <br />City levies the special assessment, the special assessment constitutes a <br />pending special assessment. Once the City levies the special assessment <br />and sttbject to Section 7.20, Developer must pay the installments of <br />special assessment certified for payment with annual real estate taxes <br />when and as they become due. The pending special assessment described <br />in this Section 7.15 is allocated among the tots and outlots the Master <br />Final Plat creates in the manner set forth on the attached Exhibit F. If a <br />subsequent Final Plat for a Phase subdivides one or more of the lots or <br />outlots referenced on Exhibit F, the City must allocate the special <br />assessment pendin~ or levied against that lot or outlot among the lots or <br />outtots created by such Final Plat. The Developer or a Secondary <br />Developer, if applicable, must prepare and subn-fit to the City, for its <br />review, a proposed allocation of the pending or levied special assessments <br />amoug the lots or outlots created by such Final Plat. The City must adopt <br />the Developer's or.. if applicable, a Secondary Developer's proposed <br />allocation ii' the Developer's or, if applicable, a Secondary Developer's <br />proposed allocation is done on a per square ibot basis. The City may <br />accept or reject other proposed allocations in its sole and absolute <br />discretion. The City and the Developer agree that notwithstanding the <br />actual cost of the AUAP,. Roadway Improvements, the City will not assess <br />more than $3,000,000 against the Subject Property fOF the AUAR <br />Roadway Improvements. <br /> <br />Section 7.20 is hereby added to the Master Development Agreement to read as Follows: <br /> <br />] 6S4445v3 1 1 <br /> <br /> <br />