CC PACKET 02282012 - Laserfiche WebLink

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55 (the "Certification"). Within 30 days, Developer will deliver to the City the Certification executed by the appropriate fee owner of the property referenced in the aforementioned Declaration. B. The covenants and restrictions referenced in Exhibit 2 of that certain Deed executed by and between the Housing and Redevelopment Authority of Saint Anthony, Minnesota, a public corporation in the City of Saint Anthony, County of I lennepin, State of Minnesota, Grantor, and St. Anthony LaNel, a Minnesota general partnership, Grantee, dated January 26, 1989 and recorded in the Office of the Hennepin County Recorder on January 27, 1989 as Doc. No. 5501894 (the "Commercial Village Deed") shall be extended, by execution of an appropriate document, thirty (30) years from the date of expiration identified in paragraph 16 of Exhibit 2 of the Commercial Village Deed (the "Extension"). The Extension shall apply to all covenants in the Commercial Village Deed except that Paragraph 2 of Exhibit 2 of the Commercial Village Deed shall, prior to its Extension, first be replaced in its entirety with the following language: "2. All buildings on the Property shall be located on the Property as specified in the Plan, and no building shall exceed four stories in height over an underground garage. The exterior surfaces of any building on the Property shall be finished with only those materials as permitted under the Plan." 8. Special Assessments The Developer agrees to be subject to Special Assessments consistent with Minnesota Statutes, Chapter 429, for actual costs of the public sewer improvements as defined and described in the attached Exhibit B and as shown on the grading and utility plans, dated January 4, 2012 (as revised by the City Engineer's letter dated January 9, 2012) which are on file with the City. The Developer agrees to petition for Special Assessments and waive protest rights for all property within the Minimum Improvements Area for Special Assessments and will enter into an Agreement for Special Assessment Petition, Consent and Waiver as shown in the attached Exhibit C. 9. Develoner's Default In the event of default by the Developer, as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense that it incurs. The City agrees to give the Developer written notice of its default not less than thirty (30) days prior to the commencement of the City's work. The City and the Developer recognize that weather conditions may affect the ability of the Developer to perform the work required to be performed hereunder and agree that such thirty (30) days 4