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<br />. <br /> <br />. <br /> <br />. <br /> <br />EXHIBIT A <br /> <br />PETITION AND WAIVER AGREEMENT <br /> <br />This Petition and Waiver Agreement is entered into this _ day of <br />2004, by and between THE CITY OF MOUNDS VIEW, a Minnesota municipal corporation, <br />("City") and ("Owner"). <br /> <br />1. is the Owner of the real estate described as follows ("Subject <br />PropeI1y"): (add legal description) <br /> <br />l\lounds View Manufactured Home Park <br /> <br />2. The Owner petitions the Mounds View City Council to constmct the following public <br />improvements to service the Subject Property: <br /> <br />The installation of a second driveway access and associated roadway improvements located at <br />the intersection of Glellhavell Lane with Belle lane and Raymond Avenue. <br /> <br />3. The Owner respectfully petitions the Mounds View City Council to assess a maximum of <br />thirty-seven and seven-tenths percent (37.7%) of the entire cost of the public improvements to the <br />Subject Property. The City has secured a Community Development Block Grant (CDBG) from the <br />County in the amount of thirty thousand dollars ($30,000.00), which will be applied to reduce the <br />total assessment on the Subject Propel1y. The Owner understands that after applying the <br />$30,000.00, the overall cost of the public improvements will be approximately $46,000 and the total <br />amount assessed to the Subject Property will be approximately $17,350.00. <br /> <br />4. The Owner recognizes that a preliminary feasibility report has been completed regarding the <br />proposed improvements. The Owner concurs with the scope of the project and associated <br />assessments and respectfully requests the Mounds View City Council to order the preparation of <br />plans and specifications regarding the proposed improvements. <br /> <br />5. Concurrently with the execution of this Agreement, the Owner will furnish and deliver to the <br />City a cash deposit, certified check, or irrevocable letter of credit in the amount of $_-0-_ <br />to guarantee payment for costs of the preparation of the preliminary report and the <br />expenses to be incurred by the City of Mounds View in preparing for and holding a public <br />improvement hearing on the proposed improvements. <br /> <br />6. The Owner waives the right to appeal the levy of the special assessment in accordance with <br />this Agreement and pursuant to Minn. Stat. ~ 429.081, or to otherwise challenge the amount or <br />validity of the assessments or the procedures used by the City in levying the assessments for said <br />public improvements. The Owner releases the City, its officers, agents and employees, from any <br />and all liability related to or arising out of the levying of said assessment. <br /> <br />7. The Owner waives the right to challenge any reapportionment of the special assessments <br />upon division ofland under Minn. Stat. ~ 429.071, subd. 3. <br /> <br />8. The tern1S and provisions of this Agreement shall be binding upon and inure to the benefit of <br />the heirs, representatives, successors and assigns of the parties, shall be binding upon all future <br />