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<br />~ <br /> <br />PBTITION AND WAIVER AGRBEMBNT <br /> <br />THIS AGREEMENT made this <br /> <br />day of <br /> <br />~ <br />, 1991, by and between _ .__( <br />Sil4 LA iE" <br />(the "City"), and Aleeft <br /> <br />the City of New Brighton, a Minnesota municipal corporation <br />ASSa.ffrrE"'s U"; 1m ~",'.p <br />DevelepmeRt IRQ. (the "Owner"); <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the Owner is the fee owner of certain real property (the "Subject <br />Property") located in the City which is to be platted as Wexford Heights, the legal <br /> <br />description of which is set forth on Exhibit A, attached hereto and hereby made a part <br /> <br />hereof; and <br /> <br />WHEREAS, the Owner desires to subdivide and develop the Subject Property; and <br />WHEREAS, the development of the Subject Property will require the construction <br /> <br />of certain public improvements, including sanitary sewer and sewer services, water main <br /> <br />and water services, storm sewer, and streets including concrete curbing and bituminous <br /> <br />surfacing all as more specifically described in the feasibility report therefore entitled <br /> <br />Feasibility Report for Wexford Heights Utilities and Street Improvements, City Project <br /> <br />91-7 prepared by Orr, Schelen and Mayeron Associates, dated May 28, 1991; and <br /> <br />WHEREAS, the Owner desires for the orderly development of the SUbject Property <br /> <br />that construction of the Improvement Project begin during 1991; and <br /> <br />WHEREAS, the Owner wishes the City to construct the Improvement Project <br /> <br />without notice of hearing or hearing on the Improvement Project, and without notice of <br /> <br />hearing or hearing on the special assessments levied to finance the Improvement Property, <br /> <br />and to levy 100 percent of the cost of the Improvement Project against the Subject <br /> <br />Property; and <br />