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Kaufhold. The City shall furnish, leg engineering, and The administrative services necessary to r 'sh this sale. deed transferring said one (1) acre of lane nall be subject to easements, reservations, and restrictions of record, aif any. Kaufhold will pay any taxes due and anyunpaid ssments due in calendar year 1988. The parties agree that this property has been tax exempt, except that it has not been exempt from special assessments, and Kaufhold will be responsible for any unpaid special assessments. 3. Tax Increment taxnancrementlt is financingefromtthethat City when Kaufhold will request 1990 and he develops the Lexington school site between July 31, July 31, 1998. The City will use its best efforts to give favorable consideration itoi$aumffhdeld's request for such tax increment financing if 4. Zoning. This Agreement is conditioned upon the City rezoning t e Lexington School �rcel so that the vision subdivisionts on datedthe July preliminary plat of the Lexarti 28, 1988 shall be zoned as follows: a. Lot 1 - to be zoned R-1. b. Lot 2 - to be zoned R-3A. C . Lot 3 - to be zoned 3-3. 5. one Acre From School District. The Independeent School District No. wit a retaYning once acre of the Lexington School site and shall he tranasame outsidathe ofCth� of Roseville by warranty deed to consideration purview of this Agreement. Such transfer, however, is a precondition to this Agreement becoming effectivc- 6. Time. • It is contemplated by tine parties that those actions necessary to accomplish the requirements of this agreement will be done as close as poossibl to the closing data 23. between Kaufhold and Ind+.Pendnt 7. Dismissal and Release. Kaufhold has in they past filed applications watt t,'e city for var ous and differant uses of his land, And said applications have been denied by then City. The land referred to is the land Kaufhold purchased from School District 62'3 tit the corner of Lexington Avenue and County Road 8 in the City of Roseville. Theses applications which have been denied have been for zoning changes, variances, and applications to plat the property. Kaufhold has expressed the opin'on that ,some of these denials were unlawful and has threatened the City with litigation. In the event Kaufhold has commenced any such litigation, he will. Promptly dismiss tiie same with prejudice. Kaufhold further acknowledges that in consideration of that the City i^ eltay0no for the land set forth in paragraph 2 pa hereby releases and discharges the City from all cdusam of a�.L�he or. r g lies may have against tale City for any of the City's actions denying tile3 applications referred to above.