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APR -05 -1991 17:08 FROM SSWEENEY BORER <br />TO LITTLE - CANADA P.06,15 <br />days of billing by the City. The amount expended for the <br />acquisition of any easements shall constitute a cost of the <br />improvement to be assessed to abutting property owners. <br />7. Acquisition of Right -of -Way From City. The City shall <br />convey fee title to that portion of Pioneer Park necessary to <br />provide additional right -of -way for the improvement of Desoto <br />Street. The deed shall reserve to the City an easement for <br />street, drainage and utility purposes. Developers agree that <br />compensation payments to the City for the property will be $2.00 <br />per square foot. The amount expended for the acquisition of <br />this property interest shall constitute a cost of the - <br />improvement to be assessed to abuttir j property owners. <br />Pursuant to Section 14 of this Agreement, in the event that the <br />improvement does not proceed by August 1, 1991, the Developers <br />agree to reimburse the City for the cost of the right -of -way as <br />well as for costs expended in the dedication of the roadway. <br />8. Waiver of Special Assessment Appeals, The Developers <br />hereby waive their right to appeal the amount or validity of the <br />special assessment levied against the property, pursuant to <br />Minn. Stat. §429.081. The Developers shall be provided a <br />reasonable opportunity to present any concerns regarding the <br />apportionment of costs prior to the ordering of the improvement <br />and prior to the award of bids for construction. The Developers <br />will also have the right to review cost allocations as to <br />accuracy prior to levying of assessments. Prior to the <br />-3- <br />Page 53 <br />