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! *> <br />i ! <br />Joe. Inc. V. City of Eagan. C8-95-2289, 1997 WL 93946, __N.W2d__(Mian, filed March 6, <br />1997), will have a dramatic impact on some of these issues, especially impact fees. <br />The citj' will usually seek to have the developer waive any rights to appeal the above or <br />similar charges and dedicatiocs as part of the development contract to be executed by the city <br />and the developer. <br />Therefore, before the developer signs the purchase agreement or option agreement, and <br />inctiTS the costs of obtaining approval, the developer should al\s:ays: <br />1. Meet with the city staff and determine what the charges and dedications will be. <br />2. Confirm those with the city in writing. <br />3.Determine appreximately how many lots may be approved and all development <br />costs related hereto. <br />4. Determine what price the developer can afford to pay based upon the above. <br />5. Set forth clearly in the purchase agreement wlio will pay for the assessments and <br />connection charges. <br />Similarly, the seller of the property should have completed a similar analysis in <br />determining what price a buyer would pay. <br />Rarely will the seller want to spend the money to cc the alidity of those charges and <br />possible dedications at die outset <br />The buyer rarely wmits to purchase property at a price which assumes that the buyer can <br />successfully contest those charges and dedications or assumes that the buyer can successfully <br />negotiate a reduction of the charges or dedications. <br />II. The Type of Exacdons, Charges and Assessments are Varied aud Numerous <br />A. Dedicatioa during the Plattin g Proc ess <br />Minn. Stat. § 462J 58, subd. 2b provides that during the platting process the regulations <br />may require that a reasonable portion of any proposed subdivf,. a be dedicated to the public or <br />preseni'ed for public use as streets, roads, sewers, electric, ga« <.-.d v. ater facilities, stonn water <br />drainage and holding areas or ponds and similar utilities and ; tments. <br />Jn addition, during the platting process, the regulations may require that a reasonable <br />portion of any proposed r-bdivision be dedicated to the public or preserved for conservation <br />J <br />WZO *d 1989888219 'ON XVd aoiddo mi NoxsNiH 98:01 301 16-U-AON