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Attachment B <br />2. Respondent Pikovsky Management, LLC, hereby waives any and all <br />objections to the Petition filed by the City of Roseville to acquire the Property and <br />temporary construction easement and the right to ninety (90) days notice prior to the date <br />on which possession is to be taken, as required by Minn. Stat. § 117.042. <br />3. Respondent Pikovsky Management, LLC, hereby acknowledges its receipt <br />of Petitioner's appraisal for the property proposed to be acquired and hereby waives the <br />right to sixty (60) days notice before the Petition is presented, as required by Minn. Stat. <br />§ 117.036. <br />4. Respondent Pikovsky Management, LLC, hereby grants Petitioner the full <br />right of possession to the Property on July 1, 2009, and the full title to the Property upon <br />Court approval of the Petition and Petitioner's deposit of the approved appraisal of value <br />as provided herein. <br />5. It is agreed that: (a) Respondent shall not be estopped by this Agreement <br />from asserting its right to receive additional consideration in said condemnation <br />proceedings in excess of that paid herein for the Property, and (b) the Petitioner shall <br />commence the taking of the Property by eminent domain proceedings as a means of <br />determining the fair market value of the Property. <br />6. This Agreement may be executed in counterparts. <br />7. This Agreement shall be governed by Minnesota law. <br />8. This Agreement shall inure to and bind the parties hereto and their <br />respective heirs, legal representatives, successors and assigns. <br />3 <br />