Agenda - Council - 12/28/2006 - Laserfiche WebLink

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receive a benefit from the CR 116 Work Improvements. claims that~~ other ter-t13e properties a~e~~ea-on;/„'~~-the City Council does not assess for the CR 11_6 Im rovements receive a benefit from the CR 116 IfImprovements, 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 Parcel or future lot or outlot pu~~t°~ '-bi~- exceeds the benefit to such~areel or future lot or outlot. Developer also waives any appeal rights otherwise available pursuant to Minnesota Statutes, Section 429.081 and any ri-gl~sri ht to challenge or contest the special assessment that may be available under the City Charter or the City Ordinances. The consents and waivers set forth in this Section 11.2 run with title to the Development Property and are binding on Developer and its successors and assigns. re€erer~eed-e~~t Uuon the recording of the Final Plat or any subseauent re-plat of the Development Property, City must allocate the special assessment pending or levied against `'~~+'~+ ~ ~- +' +the Parcels among the lots or outlots the Final Plat or. subseauent re-plat creates. Developer must prepare and submit to City, for City's review, a proposed allocation of the pending or levied special assessments among the lots or outlots the Final Plat orsubseauent re-plat creates. City agrees to adopt Developer's proposed allocation if the Developer's proposed allocation is done on a per square foot basis. City may accept or reject other proposed allocations in ~tsCi 's sole and absolute discretion. 11.3 X8:3-Traffic Signal at County Road 116 and Sunwood Drive. City anticipates that in the fixture, traffic levels at the intersection of Sunwood Drive and County Road 116 will warrant the installation of a traffic signal. City agrees that if and when City installs a traffic signal at the intersection of Sunwood Drive and County Road 116, City will not assess an~part of the cost of the traffic signal against any part of the Development Property. 12. Improvements 12.1 ' '-n-^'~~-Off-Site Public Improvements. Bolton Menk. Ines January 26 2006 memorandum addressed to City's engineer Mr. Brian Olson and others identifies certain off-site public improvements that will be necessary as a result of the development of the Development Property and other properties in the area. '~ ~~ =+-- - + a •~- .«..t'.. uVJL11yLQ T1Z j2~.,1+ 9. r T 1 T« ~ T 7r nnni a as ~ ~ ~ LVUlI\.11 Z]GZj'~i jr\ a + r ... ~ r ~ ~ vu w yl~y , (the "Off-Site Improvements"). ~'= ;• =~+,._,t,. +~ ' + +~- +-- ~ ~ ut{J Lyl `~'~ ~~~"'-"~+' Developer agrees to pav city ~1 747 44R nn t~ hP~p fmance the cost of the Off-Site Improvements-and. City will credit Developer $ against the 1 747 448.00 in consideration of Develo er's Develo er's construction of the segment of the trail portion of the Off Site Improvements from Ili~hwav 10 north to the County Road 116 extension~i Developer must pav the $1.747.448.00 to Citv as follows rw;n the r'ity require Developer to pav the 1.747.448 00 to the City before the City will release the Final Plat or will the Citv allow for deferred payment of the $1 747 448 00 provided Developer delivers a 1 747 448 00 1974417vdoc V2 to V 1 12/18/06 12 -137-