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1993-06-10 Petition for Municipal Imrpovements ft CITY or ALBBRTVILLB 'ARKBIDB ADDITION >>etitioD .or Muniaipal I.prov...ft~. and Agr....ftt To De A....sed Kenc:o Const.ruotion, Ino. and Kent Roessler I individually, (hereaft.er referred to oolleot.ive1y as "Developer"), owners of 100% of t.he property described in Exhibit. "A", eount.y of Wri<Jht, state of Minnesot.a, hereby pet.it.ion that the above described property be improved and be assessed 100% of t.he cost of the improvements, includinq construotion costs, enqineering fees, bonding fees and expensos, attorney's fees, and other oosts incurred by the city of Albert.ville relating to the improvement.s to the above described proparty, inoludinq expenses inourred in p1at.t.ing the property (inoluding all engineer's fees), grading, road construotion oonsisting of excavation, aq<Jregate base, and bituminous surfacinq, construction of oonorete curbs and gutters, ~unicipal water faoilit.ies, sani.tary cewer faoilities, st.orm sewer faoilit.ies, ponclinq, and ot.her such improvement.s t.o the land carried out by the eity of Albertville. Further, it i. undorstood by and bQ~w.en the Developer and the city of Albertville that. t.he construotion improvements will bene.rit the property. Developer agroc~ that the benefit to t.he property will be qreater t.han the cost. of construction of the improvements as set out above. Furt.her, Developer hereby waives any objection to being Qssessed 100' of the cos~ of ~e project against the Above cle.cribed property. Developer hereby waive. ita right of appeal ~o ~he Dist.rict Court herein, pursuant to Minnesota Statute 429.081. Furt.her, the spreading of t.he assessment aqainst the abovo described property shall be in the best. interest of the eity of Albertville. The assessment shall be a9ainst the above described property as a whole. However, if mutually agreed, a division of assessment may be m~de aqainst. the property with the consent of the Developer herein and the city of Albertville. Developor will submit to the cit.y of Albert.ville an irrevocable letter of credit. in an amount. to be det.ermined by t.he ei ty counci 1 pr lor t.o the si.gning of a Developer's Aqreelnent between the Developer and the City. The irrevocable letter of credit shall be approved by t.he cit.y At.t.orney and submitted to the cit.y Counoil t.o insure that. the asse.ements are paid each and ev.ry year when due and payable. Furt.her, Developer, for value reoeived, guarantees the payment of the assessment due and payable in each and every year or at any time theroaftor, and hereby! agrees and consents to all of the stipUlations oontained herein. Dated (/ (; c I , 1993 i ~" ~- ,~ ~ i1t ~ By: J:'uc:lt.on, Inc. ,/;/ ..7 t::-~C: . jJ / -', .I'/L_.c_~-C, Kenco By: c~kc ~,_ j Its Secretary Kent ROA.sIA~, Individually