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D-2 529986v2 JSB TW185-2 Agreement which are defined in the MDA shall have the meanings specified therein, unless the context of this Agreement otherwise requires, or unless such terms are otherwise specifically defined herein. To the extent that any of the terms of this Agreement are in conflict with the Master Development Agreement or the TCAAP Master Plan, the terms of the Master Development Agreement and the TCAAP Master Plan (as defined therein) shall prevail; and WHEREAS, pursuant to the JPA and the Cooperative Agreement, the City has agreed to acquire necessary real property and construct an approximately _____-gallon water tower sufficient to serve the Property, to be located on Parcel Block ____ (the “Improvement Project), which Improvement Project is necessary due to the redevelopment of the Property; and WHEREAS, the County requests that payment to the City of the cost of the Improvement Project be financed by the City levying a special assessment against the Property; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the County, provided the assurances and covenants hereinafter stated are made by the County to ensure that the City will have valid and collectable assessments as they relate to the Property to finance all of the costs of the Improvement Project; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project and is doing so at the behest of the County. NOW, THEREFORE, ON THE BASIS OF THE COVENANTS AND OBLIGATIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The County represents and warrants that it is the fee owner of the Property, that it has full legal power and authority to encumber the Property as herein provided, that in doing so it is not in violation of the terms or conditions of any instrument or agreement of any nature to which it is bound or which relates in any manner to the Property and that there are no other liens or encumbrances against the Property except those of record. 2. The County hereby petitions the City for construction of the Improvement Project, which shall consist generally of constructing an approximately _____-gallon water tower a water tower necessary to serve the Property, to be located on Parcel Block ____, as more specifically detailed in the approved plans and specifications regarding the Improvement Project to be prepared in accordance with the Cooperative Agreement. The parties hereto acknowledge that the Improvement Project will be constructed in accordance with the timing set forth in the Cooperative Agreement. 3. The County consents to the City levying a special assessment for the cost, based on competitive bids, of Improvement Project against the Property in accordance with Minn. Stat., Section 429.061. The principal amount of the special assessment shall be equal to the actual cost of the Improvement Project, which is estimated to be $5,200,000.00, but