Loading...
2023-91DocuSign Envelope ID: 27CF8C06-D72A-4510-B709-COF89695C1DID CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 27, 2023 RESOLUTION NO: 2023-91 MOTION BY: McDonald SECONDED BY: Kimber RESOLUTION AUTHORIZING CERTIFICATION OF WATER AND SEWER HOOK-UP CHARGES WHEREAS, the City has entered into a Special Assessment Agreement with Robert Blanton, President of Mara Sports Marketing, LLC, dated November 20, 2023, a copy of which is attached hereto as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, 1. The Assessment Agreement is hereby approved. The Mayor and City Manager are authorized and directed to sign the Agreement. 2. Such proposed assessments are hereby levied and shall constitute special assessments against the lands named therein. 3. Such assessments shall be payable in equal annual installments according to the attached special assessment agreement, the first of the installments to be payable on or before the first Monday in January 2024, and shall bear interest at the rate indicated in the attached special assessment agreement starting December 1, 2023. This assessment will show up on the first property tax statement for 2024. To each installment, when due, shall be added interest for one year on all unpaid installments. 4. The property owner may, at any time prior to certification of the assessment to the County, pay the whole of the assessment on such property to the City, except that no interest shall be charged if the entire assessment is paid prior to certification of the assessment. The owner may at any time thereafter pay the City the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which the payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. The right to partially prepay the assessment is not available. 5. The Clerk shall forthwith transmit a certified duplicate of the assessment to the County to be extended on the proper tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED by the Chanhassen City Council on this 27t' day of November 2023. DocuSign Envelope ID: 27CF8CO6-D72A-4510-B709-COF89695C1 DID ATTEST: DocuSigned by: Kim Meuwissen, City Clerk YES NO Ryan McDonald Schubert von Oven Kimber DocuSigned by: Elise Ryan, Mayor ABSENT SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this r1,,0 day of / J 6 VC Mbe2023, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and MARA► SPORTS MARKETING, LLC, a Minnesota limited liability company (the "Property Owner"). RECITALS A. Property Owner is the fee owner of certain property in the City of Chanhassen Carver County, Minnesota, legally described as: Lot 1, Block 1, Villages on the Ponds 41h Addition. having a street address of 550 Lake Drive, Chanhassen, Minnesota, and a property identification number of 25.8460010 (the "Subject Property"). B. Property Owner has requested that the City specially assess hook up charges for water of $79,569.00 and sewer of $21,447.00 against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SPECIAL ASSESSMENT. The City hereby assesses the cost of the hook up charges for water of $79,569.00 and for sewer of $21,447.00 totaling $101,016.00 against the Subject Property. The assessment shall be spread over four (4) years, together with seven percent (7.00%) interest per year on the unpaid balance. Interest shall accrue from the date of the approval of this Agreement by the City Council. The first installment shall be due and payable with taxes in 2024. The Property Owner waives any and all procedural and substantive objections to the special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. If the special assessment is not timely paid or is set aside for any reason, then, instead of paying the special assessment, the Property Owner shall pay the City on demand an amount equivalent to the unpaid special assessment together with any legal fees the City may incur. 2. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors, heirs and assigns. This Agreement may be recorded against the title to the Subject Property. STATE OF MINNESOTA ss. COUNTY OF Cofy-\l i� VL� PROPERTY OWNER: I: k ' V' its its The for oing instrument was acknowledged before me this 11 _ da of (13"e' Abe , 2023, by ,�ic� �unf� and by �he�,I- 2 4,bL6n�3 the rYsa!e and fr s,�re i? v _ of Mara Sports Marketing, LC, a Minnesota limited liability company, on behalf of the company, the Property Owner. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452-5000 RNK OTARY PU�I,I ON-Ajo't 1*10 f- z~ ���STM P: SO CITY OF CHANHASSEN _ BY: tW44oO Elise Ryan, Mayor (SEAL AND Laurie Hokkanen, City Manager STATE OF MINNESOTA (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 2� day of eMI.Da ►� 2023, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTA Y PUAIIC�_ o� txF sr+r KIM T. MEUWISSEN Notary Public -Minnesota �1 My Commission Expires Jan 31, 2025 2