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PUBLIC IMPROVEMENT AND <br /> SPECIAL ASSESSMENT AGREEMENT <br /> AGREEMENT dated ,2009,by and between the CITY OF <br /> ORONO,a Minnesota municipal corporation("City"); and OMS Properties,LLC, a Minnesota <br /> limited liability company(hereinafter referred to as the"Property Owner"). <br /> RECITALS <br /> A. Property Owner is the fee owner of the property located at 850 Wayzata Boulevard <br /> in Orono,Minnesota legally described on Exhibit"A" attached hereto. The property described in <br /> Exhibit"A"will be referred to herein as the"Subject Property". <br /> B. Property Owner has requested that the City construct a sewermain to serve the <br /> Subject Property("Public Improvement"). <br /> C. The City is willing to construct the Public Improvement subject to the terms of this <br /> Agreement. <br /> NOW,THEREFORE,IN CONSIDERATION OF THEIR MUTUAL COVENANTS <br /> THE PARTIES AGREE AS FOLLOWS: <br /> 146393 1 <br />