2013-090 Council Resolution - Laserfiche WebLink

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• 8. The Owner agrees to provide to the City, at no cost to the City, the right -of -way and permanent easements required to construct the Improvement Project as legally described in Exhibit C hereto. The road right -of -way (21st Avenue) shall be dedicated to the City by plat. 9. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 10. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form that is recordable among the land records of Anoka County, Minnesota; and they agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 11. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. 12. The Owner's and the City's obligations under this Agreement are contingent upon the City and the City of Centerville entering into the JPA. In the event the JPA is not approved • by the cities, this Agreement shall be null and void. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. • 4