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reference as Exhibit B), being a "Resolution of Intent to Enter into an Agreement" with the <br /> Hannings; <br /> WHEREAS, the Hannings, in reliance on the aforesaid December 13, 1999 Resolution by <br /> the City, entered into a settlement of the condemnation proceeding with the County of Hennepin; <br /> and <br /> WHEREAS, the parties hereto desire to enter into the Agreement that was contemplated <br /> in the City's aforesaid Resolution of December 13, 1999, upon the following terms and <br /> conditions. <br /> NOW, THEREFORE, the parties hereto agree as follows: <br /> 1. Upon any request by the Hannings, or their heirs, successors or assigns, to <br /> subdivide the <br /> Subject Property, the City shall consider the Subject Property to include the area of permanent <br /> easement that the County of Hennepin acquired by eminent domain from the Hannings for <br /> highway purposes and for drainage purposes, as described in Exhibit A attached hereto and made <br /> a part hereof by reference, so that the Subject Property, and any proposed subdivision thereof, <br /> will be considered by the City based upon the pre-taking dimensions and area of the Subject <br /> Property. <br /> 2. In the event that it becomes necessary for the Hannings, their heirs, successors or <br /> assigns, to retain an attorney, commence a lawsuit, or undertake any other legal proceedings to <br /> enforce the provisions of this Agreement, the City shall be obligated to reimburse the Hannings <br /> for their reasonable costs, expenses, and attorneys fees incurred in enforcing the terms of the <br /> Agreement. <br /> 3. This Agreement shall be binding upon the parties hereto, as well as their <br /> 2 <br />