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38. <br /> <br />Property the specia! assessment will be due only with respect to the tax <br />parcel or tax parcels that include all or any portion of the Unsold Subject <br />Property that is being replatted and the special assessment will remain <br />defen:ed for the balance of the Unsold Subject Property. The Developer <br />and the Interested Parties hereby consent to the City's levying of a special <br />assessment against the Unsold Subject property for the Parking <br />hnprovements in an amount equal to $6,000,000, pursuant to Milmesota <br />Statutes, Section 459.14 and Chapter 429, the City Charter and the City <br />Ordinances and hereby waive any and all procedural and substantive <br />objections to a special assessment in that amount, including, but not <br />limited to, notice and hearing requirements, claims that the Unsold Subject <br />Property does not receive a benefit fi'om the Parking hnprovements, <br />claims that 'property other than the Unsold Subject. Property receiVes a <br />benefit from the Parking h-nprovements, claims that the assessment is not <br />uniform upon the same classes of property and claims that the amount of <br />the special assessment allocated to any lot or outlot pursuant~to Exhibit F- <br />t_ exceeds the benefit to such lot or outlot. The Developer and the <br />Interested Parties also waive any appeal rights otherwise available <br />pursuant to Minnesota Statutes, Section 459.14 or Mi~mesota Statutes, <br />Section 429.081 and any rights available under the City Charter or the <br />City Ordinances. The consents m~d waivers set forth in this Section 9.2 <br />run with title to the Subject Property and are binding on the Developer and <br />its successors and assig'ns. Until the City levies the special assessment, the <br />special assessment constitutes a pending special assessment. If a <br />subsequent final plat for a Phase_ subdivides one or more of the lots or <br />outlots referenced on Exhibit F-l, the City must allocate the special <br />assessment pending or levied against that lot or outlot among the lots or <br />outlots created by such final plat. The Developer or a Secondary <br />Developer, if applicable, must prepare and. submit to the City, for its <br />review, a proposed allocation of the pending or levied special assessments <br />among 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 if the Developer's or, if applicable, a Secondary Developer's <br />proposed allocation is done on a per square foot basis. The City may <br />accept or reject other proposed allocations in its sole and absolute <br />discretion. The City agrees that the City will not assess more than <br />$6,000,000 against the Unsold Subject Property for the Parking <br />Improvements. <br /> <br />The modifications to Sections 9.t tN'ough 9.7 of the Master Agreement set forth in <br />Section 37 of this First Amendment are subject to a condition subsequent as follows: <br /> <br />If the Developer or any other Interest Parties objects to one or more of the special <br />assessments described in Section 24, Section 30, Section 35 or Section 37 of this' <br />First Amendment prior to or at the Assessment hearing or appeals one or more of <br />such special assessments pnrsuant to Minnesota Statutes Section 429.081 or <br />challenges such special assessments on any other basis the provisions of Section <br /> <br />17 } 0652v2 l 6 <br /> <br /> <br />