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HomeMy WebLinkAboutItem 06.oOctober 29, 2012 Primary Issues to Consider • None. SPECIAL ASSESSMENT AGREEMENT Lakeville Crossing III, LLC, 16105 Cedar Avenue Sanitary Sewer & Watermain Connection and MCES Sac Unit Charges November 5, 2012 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Approve Special Assessment Agreement between Lakeville Crossing III, LLC and the City of Lakeville for Sewer and Watermain Connection and MCES SAC Unit charges for property located at 16105 Cedar Avenue. Passage of this motion will result in the levy of a special assessment against the property, levied over a ten year period at 8% interest, commencing in 2013. Overview The City issued a building permit on June 28, 2010 for the Club House Childcare & Preschool facility located at 16105 Cedar Avenue. The permit fee charged was based upon a license number of 30 children at the daycare. The City was later notified by the Metropolitan Council Environmental Services (MCES) that the daycare should have been charged additional SAC units based upon a license of 57 children for the facility according to the Minnesota Department of Human Services. The additional sewer and water connection and SAC unit charges, calculated at the rates that were in effect when the building permit was issued in 2010, total $9,650. The property owner, Lakeville Crossing Ill, LLC, has requested that the additional charges be levied as a special assessment against the property. The special assessment would be levied over a ten year period at 8% interest, commencing with the year 2013. Staff recommends approval of the attached Special Assessment Agreement and the levying of the sewer and water connection and SAC unit charges against the property. Supporting Information essment Agreement Denn lifer Finance Director Item No. Financial Impact: $ NONE Budgeted: YIN Source: Related Documents (CIP, ERP, etc.): Notes: SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of , 2012, between the CITY OF LAKEVILLE ( "City ") and LAKEVILLE CROSSING III, LLC ( "Properly Owner "). WHEREAS, Property Owner owns property legally described as Lot 1, Block 1, except the south 215.28 feet, Carroll 1' Addition, Dakota County, with an address of 16105 Cedar Avenue, Lakeville, Minnesota ("Property "); and WHEREAS, the Property is used as a licensed daycare facility, and according to the Minnesota Department of Human Services, the daycare is licensed for 57 children; and WHEREAS, the Metropolitan Council Environmental Services (MCES) has determined that the Property Owner is required to pay additional SAC units, based upon the licensed number of children attending the facility; and WHEREAS, under the City's schedule of water and sewer connection charges which were in effect at the time the building permit was issued in 2010, the Property Owner would be required to pay the City water and sewer connection and SAC unit charges; and WHEREAS, the Property Owner wants to have the sewer and water connection charges and SAC unit charge levied as special assessments against the Property in the manner hereinafter provided; and WHEREAS, the City is willing to waive its right to collect such charges in consideration of the Property Owner paying such special assessments; and WHEREAS, Property Owner is willing to waive any and all substantive objections to such special assessments and to the absence of any prior hearing or other procedural requirement preliminary to the levying of such assessments; NOW, THEREFORE, the parties agree as follows: 1. The City will not require payment of the sewer and water connection and SAC unit charges, as referenced in Exhibit A, on the Property. 2. In lieu thereof, the City will specially assess the amount of such sewer and water connection and SAC unit charges that were in effect when the building permit was issued in 2010, as listed in Exhibit A, against the Property. 3. Such special assessments shall be in ten (10) equal annual principle installments payable with the general taxes on the property, commencing with the year 2013. 4. There shall be added to and be payable with the principal amount of such special assessments interest in the amount of eight percent (8 %) per annum of the unpaid principal balance on such special assessments, computed annually, commencing on the date hereof. 5. Property Owner waives any prior hearing or other procedural requirements preliminary to the levying of such special assessments against such property. 6. Property Owner waives any substantive objections to the special assessments, including but not limited to any claim that the assessments are unconstitutional, are not authorized by the statute or ordinance or that the assessments exceed the benefit to the property. 7. This Agreement shall run with the and and may be recorded in the Dakota County Recorder's Office. IN WITNESS WHEREOF the parties have signed this Agreement an the date first above written. STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) DRAFTED 6Y; City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 LAKEVILLE CROSSING III, LLC BY: Its: CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing ins rument was acknowledged befor me thisC 3 day of t..kr, . 2012, by � 'iC� ✓ / . J, yk1' , on behalf �L K y L ROSSING ICI ,.LLC. - 1Clotary Public ,/ LISA MARIE TAYLOR sr Notary Public- Minnesota My Commission Expires Jan 31, 2014 The foregoing instrument was acknowledged before me this day of , 2012, by Mark Bellows, Mayor, and by Charlene Friedges, City Clerk, of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. Notary Public EXHIBIT A (2010 City Connection Charges} SERVICE AVAILABILITY CHARGE (SAC) WATERMAIN CONNECTION CHARGE 2 UNITS © $1,950 /PER UNIT SANITARY SEWER CONNECTION CHARGE 2 UNITS $775.00 /PER UNIT TOTAL $ 4,200.00 $ 3,900.00 $ 1,550.00 $ $ 9,650.00