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C-1 <br />628764v3MU210-262 <br />EXHIBIT C <br /> <br />FORM OF PETITION AND WAIVER AGREEMENT <br /> <br />PETITION AND WAIVER AGREEMENT <br /> <br />THIS AGREEMENT is made this ____ day of ______________, 2020, by and between <br />the City of Mounds View, a Minnesota municipal corporation (the “City”), and <br />_____________________ (the “Developer”). <br /> <br /> WITNESSETH: <br /> <br /> WHEREAS, the Developer is the fee owner of certain real property located in Mounds <br />View and legally described on Exhibit A attached hereto (the “Property”); and <br /> <br />WHEREAS, the Property is located generally north of Sherwood Road, east of Eastwood <br />Road, south of Ardan Avenue, and west of Long Lake Road; and <br /> <br />WHEREAS, the Developer is in the process of platting and developing the Property as part <br />of a 12-lot, single-family residential subdivision (the “Subdivision”), pursuant to that certain <br />Development Agreement between the Developer and the City, dated __________, 2020 (the <br />“Development Agreement”); and <br /> <br /> WHEREAS, the Developer desires for the City to construct certain public improvements <br />necessary to serve the Property, including a northbound extension of Greenwood Drive to provide <br />access to the Property and the extension of public water and sewer services to adequately serve the <br />Property (the “Project”); and <br /> <br /> WHEREAS, the City is willing to construct the Project without notices or hearings, as <br />related to the Developer and the Property, provided the assurances and covenants hereinafter stated <br />are made by the Developer to ensure that the City will have a valid and collectable special <br />assessment as it relates to the Property to finance a portion of the cost of the Project; and <br /> <br /> WHEREAS, it is in the interest of the parties to provide the City sufficient assurances that <br />the Developer will pay for a portion of the cost of the Project and, were it not for the assurances <br />and covenants hereinafter provided, the City would not otherwise construct the Project without the <br />required notices and hearings, as related to the Developer, although it is willing to do so at the <br />behest, and for the benefit, of the Developer; and <br /> <br /> WHEREAS, the parties have entered into this Agreement pursuant to and in satisfaction of <br />the terms of the Development Agreement. <br /> <br /> NOW, THEREFORE, ON THE BASIS OF THE COVENANTS AND OBLIGATIONS <br />CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: <br />