Agenda - Council Work Session - 02/01/2005

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36. due and payable with respect to Outlot I, [is this the correct legal description of the Ramdance Parcel? YES], RAMSEY TOWN CENTER ADDITION, Anoka County, Mim~esota will be payable in a single installment upon the later of the date thirty (30) days after the City levies the special assessment or March-l, 2005. If the Developer replats a portion of the Unsold Subject Property, the special assessment will be due only with respect to the tax parcel or tax parcels that include all or a portion of the Unsold Subject Property that is being replatted and the assessment will remain deferred for the balance of the Unsold Subject Property. The Developer and the Interested Parties hereby consent to the City's levying of a special assessment against the Unsold Subject Property for the AUAR Roadway Improvements in an amount equal to $3,000,000 pursuant to Minnesota Statutes, Chapter 429, the City Charter and the City Ordinances and hereby waive 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 Unsold Subject Property, or any part thereof, does not receive a benefit from the AUAR Roadway Improvements, claims that property other than the Unsold Subject Property receives a benefit from the AUAR Roadway Improvements, claims that the assessment is not uniform up~)n the same classes of property and claims that the amount of the special assessment allocated to any lot or outlot pursuant to Exhibit F-1 exceeds the benefit to such lot or outlot. The Developer and the Interested Parties also waive 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 7.16 run 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. If a subsequent final plat for a Phase subdivides one or more of the lots or outlots referenced on Exhibit F-I.., 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, for its review, a proposed allocation of the pending or levied special assessments among the lots 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 per square foot basis. The City may accept or reject other proposed allocations in its sole and absolute discretion. The City agrees that the City will not assess more than $3,000,000 against the Unsold Subject Property for the AUAR Roadway hnprovements. Section 8.6 of the Master Agreement is hereby amended to read as follows: -20- 1710052v2 14