No preview available
HomeMy WebLinkAboutItem 06.fSPECIAL ASSESSMENT AGREEMENT Kurt Patrick Ploog, 9775 215th St. W. Sanitary Sewer Connection Charges   1 182342v3 PUBLIC IMPROVEMENT AMD SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this ___ day of _______________, 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and KURT PATRICK PLOOG, (“Property Owner”). RECITALS A. Property Owner is the owner of property having a street address of 9775 215th Street West, Lakeville, Dakota County Minnesota, legally described on Exhibit A attached hereto and incorporated herein (the “Subject Property”). B. The City has requested that Property Owner connect the Subject Property to the public sanitary sewer system that serves the Subject Property (“Public Improvement”), as required by the City Code. C. Property Owner has failed to connect the Subject Property to the public sanitary sewer system and has requested that the City assess the cost of the Public Improvement and the sanitary sewer lateral access charge, sanitary sewer service fee, sanitary sewer connection charge, ½ acre trunk storm sewer area charge, sanitary sewer availabilit y charge, and sewer install permit fee (collectively the "Fees") against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENTS. Property Owner shall enter into a contract with a private contractor to construct the Public Improvement. The contract must be approved in advance by the City. When the work has been completed, Property Owner shall submit the invoice to the City. The City will pay the invoice in an amount up to $18,750.00 upon receipt of lien waivers. 2. SPECIAL ASSESSMENT. The City will assess the cost of the Fees in the amount of Eleven Thousand, Two Hundred Fifty-Five and 00/100ths Dollars ($11,255.00) and the cost of the Public Improvement in the amount of Eighteen Thousand, Seven Hundred Fifty and 00/100ths Dollars ($18,750.00) for a total assessment of Thirty Thousand, Five and 00/100ths Dollars ($30,005.00) against the Subject Property. The special assessment shall be deemed adopted on the date this Agreement has been signed by all parties. The assessment shall be spread without deferment over a ten (10) year period in equal annual installments, together with interest of eight 2 182342v3 percent (8%) per year on the unpaid balance. The first installment shall be payable with taxes paid in 2016. 3. WAIVER. Property Owner, their successors and assigns, waive any and all procedural and substantive objections to the Public Improvements and special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 4. RELEASE. Property Owner, their successors and assigns, hereby unconditionally release and forever discharge the City, its elected officials, employees, agents and insurers from any and all claims and causes of action of whatever kind or nature that is in any way connected with or related to the Public Improvements and the City’s sewer systems, including mapping errors. 5. BINDING EFFECT; RECORDING. This Agreement shall be binding upon Property Owner and Property Owner’s successors and assigns. This Agreement shall run with the land and may be recorded against the title to the Subject Property. CITY OF LAKEVILLE BY: Matt Little, Mayor AND: Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of _________________, 2015, by Matt Little and by Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation pursuant to the authority granted by its City Council. Notary Public 3 182342v3 KURT PATRICK PLOOG: STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of _________________, 2015, by Kurt Patrick Ploog, a single person. Notary Public 4 182342v3 EXHIBIT A