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1g. Release of Special Assessment Agreement with Apple American Limited Partnership0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.2271110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227,1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site wwadchanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Laurie Hokkanen, Assistant City ManagejA DATE: February 14, 2011 14; SUBJ: Release of Special Assessment Agreement PROPOSED MOTION The Chanhassen City Council approves the attached Release of Special Assessment Agreement with Apple American Limited Partnership dated June 3, 1996. Approval requires a simple majority vote of the council. BACKGROUND The Chanhassen City Council entered into a Special Assessment Agreement with Apple American Limited Partnerships of Minnesota for the development of the Applebee's Restaurant. The property is being sold (no change to operation as an Applebee's) and the attorney for the buyer has requested release from several documents, one of which was entered into with the City Council. The Special Assessment Agreement outlined repayment terms for sanitary sewer and water connection fees, for a period of six years from 1997. Repayment has been completed. RECOMMENDATION Staff recommends approval of the Release. ATTACHMENTS 1. Release of Special Assessment Agreement G: \Admin \LH \City Council \Apple American Limited Partnership Release.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow RELEASE OF SPECIAL ASSESSMENT AGREEMENT The undersigned, for valuable consideration, receipt whereof is hereby acknowledged, do hereby forever discharge and release the following described real property located in the County of Carver, State of Minnesota, to-wit: rd Lot Four (4), Block One (1), Crossroads Plaza 3 Addition, Carver County, MN from all obligations, claims and liens under that certain Special Assessment Agreement dated June 3, 1996, executed by the City of Chanhassen, a Minnesota municipal corporation (the “City”) and Apple American Limited Partnership of Minnesota, a Minnesota limited partnership (the “Fee Owner”), and recorded with the Carver County Recorder on June 5, 1996, as Document No. 196187. The undersigned have executed this Release of Special Assessment Agreement this ___ day of January, 2011. CITY OF CHANHASSEN By:________________________________ Its: Mayor By:________________________________ Its: City Manager STATE OF MINNESOTA ) ) COUNTY OF CARVER ) On this ___ day of January, 2011, before me personally appeared ______________________, the Mayor, and __________________________, the City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ____________________________ Notary Public My Commission Expires: THIS DOCUMENT WAS DRAFTED BY: Marvin A. Liszt, Esquire BERNICK AND LIFSON, P.A. 5500 Wayzata Boulevard, Suite 1200 Minneapolis, Minnesota 55416-1270 Telephone: (763) 546-1200