A. Mills Civic Parkway And South 50th Street: With respect to any assessments by the city of West Des Moines of special benefits conferred upon parcel C of the property, or any portion thereof, as a result of the initial paving and widening of that portion of Mills Civic Parkway adjacent to parcel C, or the initial paving and widening of that portion of South 50th Street adjacent to parcel C, the owner, on behalf of itself and its successors and assigns (collectively by the "owner"), agrees that such assessments may be spread against all of parcel C, as said parcel exists on the date of assessment, by the city of West Des Moines on an area basis.
With respect to any assessments by the city of West Des Moines of special benefits conferred upon parcels B and D of the property, or any portion thereof, as a result of the initial paving and widening of that portion of South 50th Street adjacent to parcels B-1 and D, the owner agrees that such assessments may be spread against all of parcels B-1 and D, as said parcels exist on the date of assessment, by the city of West Des Moines on an area basis.
Each of the foregoing area assessment provisions is subject to the following provision: Any assessment shall be reasonable and equitable in comparison to the special benefits for such initial paving and widening assessed against the property directly across the street from owner's parcel being assessed, and in no event shall any payment by the owner exceed one-half (1/2) the cost of any such initial paving and widening.
B. Mills Civic Parkway Interchange: Owner acknowledges that initial construction of the interchange at Mills Civic Parkway and Interstate 35 may require a contribution and/or an assessment of special benefits paid by owner and owners of any benefited properties to accomplish the development of the interchange. Owner agrees to cooperate in the future with the city and with owners of any benefited property, which cooperation will not be unreasonably withheld, toward working out a reasonable and equitable financing plan for the construction of the Mills Civic Parkway interchange.
C. Applicability: This section shall apply to the owner and the parcels described in this ordinance only if provisions similar to subsections A and B of this section are made applicable to the property on the other three (3) corners of the intersection of Mills Civic Parkway and South 50th Street generally described in section 014-01 of this ordinance. (Ord. 1529, 5-27-2003)