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Attachment C <br />EXHIBIT A <br />207 <br />208 <br />ASSESSMENT AGREEMENT <br />209 <br />210 <br />211 <br />212 <br />213 <br />214 <br />215 <br />216WHEREAS, in settlement of an eminent domain action in Ramsey County District <br />217Court, which is Court File No. 62-CV-09-5151, captioned as City of Roseville v. XTRA <br />218Lease, Inc., et al., the parties agreed to provide for the demolition of the buildings on the <br />219; and <br />220 <br />221WHEREAS, all costs associated with the demolition of the Buildings shall be <br />222 <br />223 <br />224NOW, THEREFORE, IN CONSIDERATION OF the promises and covenants <br />225contained in this Agreement, including the relinquishment of certain legal rights, the City <br />226and Owners hereby agree as follows: <br />227 <br />Demolition of Buildings. <br />2281. The City agrees to undertake the demolition of the <br />229-29-23-32-0007, 04-29- <br />23023-32-0012, and 04-29-23-33- <br />231Owners hereby grant the right to the City, its contractors, agents, and employees to enter <br />232the Property at all reasonable times for building demolition purposes, and all purposes <br />233ancillary thereto, as well as the right to deposit earthen materials within the easement area <br />234and to move, store, and remove equipment and supplies, and to perform any other work <br />235necessary and incident to the project. <br />236 <br />Voluntary Assessment. <br />2372. The Owners voluntarily agree to an assessment of all of <br />238the costs associated with the demolition of the Buildings, which may include, but are not <br />239limited to pre-demolition building surveys, engineering reports, bidding package <br />240preparation, associated city staff time, and actual demolition costs <br />241he Property. The Assessment Amount shall be assessed against the <br />242Property without the necessity of any public hearings or other applicable assessment <br />243proceedings under Minnesota Statutes Chapter 429. The Owners expressly waive <br />244objection to any irregularity with regard to the said assessments and any claim that the <br />245amount thereof levied against the Property is excessive, together with all rights to any <br />246proceedings or hearings under Minnesota Statutes Chapter 429, and all rights to appeal in <br />247the courts. Should the Assessment Amount exceed $160,000 by fifteen percent (15%), <br />248demolition of the Buildings shall not proceed without written approval of the excess costs <br />249by the Owners. <br />6 <br /> <br />