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Kaufhold. The City shall furnish, legal, engineering, and <br />administrative services necessary to accomplish this sale. T'n� <br />deed transferring said one (1) acre of land shall be subject to <br />easements, reservations, and restrictions of record, if any. <br />Kaufhold will pay any taxes due and any unpaid assessments <br />due in calendar year 1988. The parties agree that this property <br />has been tax exempt, except that it has not been exempt from <br />special assessments, and Kaufhold will be responsible for any <br />unpaid special assessments. <br />3. Tax Increment Financing. It is contemplated that <br />Kaufhold will request tax increment financing from the City when <br />he develops the Lexington school site between July 31, 1990 and <br />July 31, 1998. The City will use its best efforts to give <br />favorable consideration to Kaufhold's request for such tax <br />increment financing if it is made. <br />4. Zonin This Agreement is conditioned upon the City <br />rezoning the Lexington School parcel so that the lots on the <br />preliminary plat of the Lexart Division subdivision dated July <br />28, 1988 shall be zoned as follows: <br />a. Lot 1 - to be zone(. R-1. <br />b. Lot 2 - to be zoned R-3A. <br />C. Lot 3 - to be zoned B-3. <br />5. One Acre From School District. The Independent School <br />District No. 623 will be retaining one acre of the Lexington <br />School site and shall be transferring the same to the City of <br />Roseville by warranty deed to consideration outside of the <br />purview of this Agreement. Such transfer, however, is a <br />precondition to this Agreement becoming effective. <br />6. Time. It is contemplated by the parties that those <br />actions necessary to accomplish the requirements of this <br />agreement will be done as close as possible to the closing date <br />between Kaufhold and Independent School District No. 623. <br />7. Dismissal and Release. Kaufhold has in the past filed <br />applications with the city for various and different uses of his <br />land, and said applications have been denied by the City. The <br />land referred to is the land Kaufhold purchased from School <br />District 623 at the corner of Lexington Avenue and County Road B <br />in the City of Roseville. These applications which have been <br />denied have been. for zoning changes, variances, and applications <br />to plat the property. Kaufhold has expressed the opinion that <br />some of these denials were unlawful and has threatened the City <br />with litigation. In the event Kaufhold has commenced any such <br />litigation, he will promptly dismiss the same with prejudice. <br />Kaufhold further acknowledges that in consideration of the City <br />paying $118,000 for the land set forth in paragraph 2, that he <br />hereby releases and discharge: the City from all causes of action <br />he may have against the City f•.)r any of the City's actions <br />denying the applications refereed to above. <br />