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DRAFT <br />PETITION AND WAIVER AGREEMENT <br />This Agreement made this l lth day of August, 2014, by and between the City of Lino <br />Lakes, a Minnesota municipal corporation ("City"), and Tony Emmerich Construction, Inc., a <br />Minnesota Corporation, (collectively, the "Owner"). <br />WITNESSETH: <br />WHEREAS, the Owner is the fee owner of certain real property in the City described in <br />Exhibit A hereto (the "Subject Property"); and <br />WHEREAS, the Owner desires to have certain public improvements constructed to serve <br />the Subject Property as described in Exhibit B hereto (hereinafter referred to as the <br />"Improvement Project"); and <br />WHEREAS, the Owner wishes the City to construct the Improvement Project without <br />notice of hearing or hearing on the special assessments levied to finance the Improvement <br />Project, and to levy 100% percent of the costs estimated to be $1,400,000 of the Improvement <br />Project against the Subject Property on a per lot basis; and <br />WHEREAS, the Improvement Project requires that the City obtain certain portions of the <br />Owner's property for street right-of-way and storm water ponding; and <br />WHEREAS, the Owner wishes to donate to the City the necessary right-of-way to <br />provide for the construction of said Improvement Project; and <br />