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DEVELOPMENT CONTRACT AND WAIVER OF RIGHT TO APPEAL <br />FROM SPECIAL ASSESSMENT - RYAN INDUSTRIAL PARK <br />THIS AGREEMENT, made and entered into on the date specified herein, <br />by and between the City of Little Canada-, a municipal corporation of <br />the State of Minnesota (hereinafter called the "City "), and the owner <br />and subdivider (hereinafter called the "Developer ") of Ryan Industrial <br />Park, <br />WHEREAS, the Developer was the owner of the following described <br />property, and is still the owner of much of said property, situated in <br />the City of Little Canada, County of Ramsey, State of Minnesota: <br />RYAN INDUSTRIAL PARK <br />WHEREAS, the City has approved said plat, designated as Ryan <br />Industrial Park, and <br />WHEREAS, the Developer has submitted a petition to the City re- <br />questing the construction of certain utilities in the above - described <br />area as follows: watermain and appurtenances, and streets (hereinafter <br />called the "Improvements "), and <br />WHEREAS, the City has reviewed and accepted a feasibility report <br />of Milner W. Carley and Associates, Inc., and has ordered the preparation <br />of final plans and specifications for the requested improvements, and <br />WHEREAS, the City has <br />said improvements and will <br />improvements to the lowest <br />advertised for bids for the construction of <br />award a contract for the construction of said <br />responsible bidder, and <br />WHEREAS, the City will levy a special assessment for the costs <br />of said improvements against certain of the lots within the plat, <br />pursuant to Minn. Stat. Chapter 429, and <br />WHEREAS, the Developer will waive any right to appeal from said <br />special assessments. <br />NOW, THEREFORE, the City and Developer agree as follows, to -wit: <br />1. That the recitals above and the provisions of the subdivision <br />ordinance of the City, as amended to date hereof, are incorporated <br />herein by reference. <br />2. The City agrees to construct the requested improvements <br />according to the terms and conditions of this contract. <br />3. The City has advertised for bids for the construction of said <br />improvements and will award a contract for the construction of said im- <br />provements to the lowest responsible bidder, and the City agrees to <br />finance the cost of construction of said improvements made by the City. <br />4. The Developer agrees to fully reimburse the City for all costs <br />incurred by the City relating to this Development Contract and the <br />03 <br />