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04-21-14-WS
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04-21-14-WS
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4/18/2014 11:46:00 AM
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<br />1. It is anticipated that full development of the PUD Master Plan, as illustrated <br />in the Redevelopment Plan Documents, as well as the redevelopment of surrounding areas will cause <br />traffic congestion on that portion of County Road E located between Snelling Avenue and Lexington <br />Avenue. Therefore, the construction of Phase III of the PUD Master Plan is contingent upon the <br />oximately <br />650 feet west of the intersection of County Road E and Lexington Avenue. <br />2. A portion of the cost of the TS Improvement will either be specially <br />assessed against benefiting parcels, including the property located within the PUD Master Plan or, in the <br />alternative, the parties will negotiate payment terms. In either event the cost to be paid by Arden Plaza <br />shall be between 20 and 25 percent as determined by the City Council. In determining whether to assess <br />up to 25 percent of the cost of the TS Improvement, the City shall take into consideration the assessment <br />of up to 5 percent of the cost of the TS Improvement against other parcels located south of County Road <br />E and beyond the boundaries of the PUD Master Plan that are benefited by such improvement. If special <br />assessments are utilized, Arden Plaza agrees that the property included within the PUD Master Plan will <br />receive a special benefit in the amount of 20-25% of the cost of the TS Improvement, as determined by <br />the City Council, as a result of the TS Improvement and hereby waives any public hearing requirements <br />contained in Minnesota Statutes Chapter 429 and further waives any right to appeal from a levy of such <br />special assessment. The provisions of this Section shall apply even if the construction of the TS <br />Improvement occurs prior to development of Phase III. <br />3. Arden Plaza shall prepare a Declaration of Covenants and Restrictions <br />formula for portioning the cost of the special assessment of the parcels included within the plat of Arden <br />8 <br /> <br />
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