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F)CUTRIT A ASSESSMENT AGREEMENT This Assessment Agreement ("Agreernent") is entered into by and between the I City of Roseville ("City"), Pikovsky Management, LL ("Pikovsky"'), and PIK Terminal Co. Limited Partnership (r--&PIK5') on the latest date of the signatures set forth below. Pskov sky and Pf shall collectively be rcferred to as the "Owneirs."' NMEREAS, in settlement of an eminent domain action in Ramscy County District Court, which is Court File No, 62-CV-09-515 1, captioned as C* of Roseville v. XTRA Lease, Inc= et al., th arti agreed to provide for the demolition-- of the buildings on the Owners property ("'Buildings"'),- and WHEREAS, all costs associated with the demolition of the Buj*1dM'gs shall be levied against the Owners' property as assessments.. d. W. THEREFORE, IN CONSIDERATION OF the promises and covenants contained in this Agreement, including the relinquishment of certain legal rights, the City and Owners hereby agree as follows: I . Demolition of Buildings. The City agrees to undertake the demolition of the Buildings currently existing on the Owners" property (PID #s 04-29-23-32-0007, 04-29- 23-32-0012, and 04-29-23-33-0007, collectively referred to as the -6'Property"). The Owners hereby grant the right to the City, its contractors, agents, and employees to enter the Property at all reasonable times for building demolition purposes, and all u. ose ancillary thereto, as well as the right to deposit earthen materials within the easement area and to move, store, and remove equipment and supplies and to perform any other work necessary and incident to the project. 2. Voluntary .Assessment. The Owners voluntarily agree to an assessment of all of the costs associated with the demolition of the Buildings, which may include, but are not limited to pre demolition building surveys, engineering reports, bidding package preparation, associated city staff time, and actual demolition costs ("Assessment Amount"') against the Property. The Assessment Amotmt shall be assessed against the Property without the necessity of any public hearings or other applicable assessment proceedings undcr Minnesota Statutes Chaptcr 429. The Owners expressly waive ObjectiOn tO any irreRulanty with regard to the said assessments and any claim that the amount, thereof levied against the Property is excessive, together with al"I rights to any proceedings or hearings under Minnesota Statutcs Chapter 429, -and all rights to appeal in the courts. Should the Assessment Amount exceed $160,000 by fi fteen percent (15%), demolition of the Buildings shall not proceed without written approval of the excess costs by the Owners. r4 Aj