1h. Special Assmt Agreement Next Steps Learning CenterCITY OF
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.2271100
Fax 952.2271110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Kate Aanenson, AICP, Community Development Director
SUBJ: Special Assessment Agreement — Next Steps Learning Center
DATE: June 10, 2013
In
PROPOSED MOTION
"The Chanhassen City Council adopts the Special Assessment Agreement between
the City of Chanhassen and Spaude Holding L.L.C."
City Council approval requires a simple majority vote.
BACKGROUND
Finance
Phone: 952.2271140 In 2012 Next Steps Learning Center, located at 1430 Park Court, moved into the
Fax, 952.227.1110 building previously occupied by Early Beginnings Day Care; at which time cosmetic
remodeling was done. The Metropolitan Council (MCES) conducts Sewer
Park & Recreation Availability Charge (SAC) audits every three years. As a part of this audit it was
Phone: 952.2271120 determined that five additional SAC units were due at the 2012 rate, or $11,825.00.
Fax 952 227.1110
Recreation Center
ANALYSIS
2310 Coulter Boulevard
Phone: 952 227.1400
The City acts as the responsible agency for the collection of these fees. Next Steps
Fax: 952.2271404
Learning Center was contacted by the city and told they could appeal the fees to the
Metropolitan Council. They appealed to the MCES and were denied based on the
Planning &
Natural Resources
following:
Phone: 952.227.1130
Fax: 952.2271110
• The original daycare was licensed for only 42 children, and credit is allowed for
that prior demand. However, in early 2012 the client occupancy of the daycare
Public works
was increased to 94 children. The occupancy increase related to an increase in
7901 Park Place
demand on the wastewater system.
Phone, 952.227.1300
Fax 952.2271310
. In the beginning of 2012 the Met Council simplified the criteria for daycares to a
Senior Center
square -foot basis instead of using the daycares' licensed count of permitted
Phone: 952.227.1125
children.
Fax: 952, 227.1110
• The charge is based on unpaid SAC for wastewater demand used prior to this
Web site
permit and still needed for the site.
wwa ci.chan hassen. mn. us
• The building itself may have received only cosmetic changes but the use of the
site has materially changed and hence the determination and charges are required.
Chanhassen is a Community for Life - Providing torTodayand Planning torTomorrow
Todd Gerhardt
Next Steps Learning Center Special Assessment Agreement
June 10, 2013
Page 2
The City has worked with the owner of the building to secure payment of this fee and offered a
Special Assessment. The payments will spread over one year and be due and payable with the
taxes in 2014.
RECOMMENDATION
The Chanhassen City Council adopts the attached Special Assessment Agreement between the
City of Chanhassen and Spaude Holding L.L.C.
ATTACHMENT
Special Assessment Agreement
gAfinanee\special assessment agreements\next steps learning center.doe
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of , 2013, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and SPAUDE
HOLDINGS L. L. C., a Minnesota limited liability company (the "Property Owner ").
RECITALS
A. Property Owner is the fee owner of the following legally described property in the
City of Chanhassen, County of Carver, State of Minnesota, with a street address of 1430 Park Court,
Chanhassen, Minnesota, hereinafter referred to as the "Subject Property":
Lot 2, Block 1, Rome Park, according to the recorded plat thereof,
excepting therefrom the following:
That part of Lot 2, Block 1, Rome Park, shown as Parcel 220B on
Minnesota Department of Transportation Right of Way Plat Numbered
10 -10, according to the recorded plat thereof.
[Property ID #: 25.7510020]
B. Property Owner has requested that the City assess the cost of the additional
Metropolitan SAC fee that are due and owing as a result of an audit ( "Fee ") against the Subject
Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. SPECIAL ASSESSMENT. The City will assess the fee in the amount of Eleven
Thousand Eight Hundred Twenty -five and no /100 ($11,825.00) Dollars against the Subject
Property. The assessment shall be spread over one (1) year.. The first installment shall be due and
payable with taxes payable in 2014. The Property Owner waives any and all procedural and
substantive objections to the special assessment, including but not limited to hearing requirements
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requirements and any claim that the assessment exceeds the benefit to Subject Property. The
Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081.
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.
CITY OF CHANHASSEN
U
Tom Furlong, Mayor
(SEAL)
E
Todd Gerhardt, City Manager
PROPERTY OWNER:
SPAUDE HOLDINGS L. L. C.
BY:
Its ow1�
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2013, by Tom Furlong and Todd Gerhardt, 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.
Notary Public
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STATE OF MINNESOTA )
( ss.
COUNTY OF (J.�,� )
The foregoing instrument was acknowledged before me this 16 4g-- day of
2013, by JE ez-uj4 Sf 4-ln k , the of Spaude
Holding L. L. C., a Minnesota limited liability company, on behalf of said limited liability
company.
CAROL M. DUNSMORE
Notary Public - Minnesota Notary Public
My commission Expires Jan 31, 2016
THIS INSTRUMENT WAS DRAFTED
BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452 -5000
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