HomeMy WebLinkAboutItem 06.t•
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Funding Sources
Original
Amount Adjustment
Revised
Amount
City of Lakeville (Property taxes)6,243,342$ 100,725$ 6,344,067$
Special Assessments 3,453,726 (100,725) 3,353,001
Water Operating Fund 1,098,253 - 1,098,253
Sanitary Sewer Operating Fund 320,676 - 320,676
Environmental Resources Fund 170,274 - 170,274
Park Improvement Fund (split funding/bonds)79,776 - 79,776
11,366,047$ -$ 11,366,047$
PUBLIC IMPROVEMENT
AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this 7th day of December 2020, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“City”) and NORTHERN GOPHER
ENTERPRISES, INC., a Minnesota corporation (“Property Owner”).
RECITALS
A. Property Owner is the owner of property having a street address of 17976 Judicial
Road, Lakeville, Dakota County Minnesota, (PID 22-15000-01-010) legally described as Lot 1,
Block 1, Bracketts Townhomes, Dakota County, Minnesota, according to the recorded plat thereof
(the “Subject Property”).
B. The Subject Property shall be assessed costs, fees and charges associated with the
improvement of Judicial Road, City Project No. 20-02, in the total amount of Forty-Seven
Thousand Four Hundred and no/100ths Dollars ($47,400.00) (the “Assessment”).
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. ASSESSMENT. The Subject Property is hereby assessed by the City for the
improvements to Judicial Road in the amount of Forty-Seven Thousand Four Hundred and
no/100ths Dollars ($47,400.00). The Assessment shall be deemed adopted on the date this
Agreement has been signed by all parties. The Assessment shall be payable in equal annual principal
installments without deferment over a period of twenty (20) years, the first of the installments to be
payable on or before the first Monday in January 2021. The Assessment shall bear interest at the rate
of 2.8% per annum from November 16, 2020. To the first installment shall be added interest on the
entire Assessment from November 16, 2020 until December 31, 2021. To each subsequent installment
when due shall be added interest for one year on all unpaid installments. The Property Owner may at
any time 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
December 15 or interest will be charged through December 31 of the next succeeding year.
2. AKNOWLEDGMENT AND WAIVER. The parties acknowledge that this
Agreement was reached in resolution of a legal dispute related to the City’s assessments for City
Project No. 20-02 and that neither party admits to the facts or liability related to their dispute.
However, for purposes of this Agreement, Property Owner, its successors and assigns, waive any and
all procedural and substantive objections to the 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. The parties
further acknowledge that this Agreement does not have any effect on future assessments by the City
against the Subject Property or property owned by Property Owner.
3. 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:
Douglas P. Anderson, Mayor
AND:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
_________________, 2020, by Douglas P. Anderson 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
NORTHERN GOPHER ENTERPRISES,
INC.
By:
Print Name:__________________________
Its:_________________________________
STATE OF MINNESOTA )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ________ day of
_____________________, 2020, by __________________, the __________________ of
Northern Gopher Enterprises, Inc., a Minnesota corporation, on behalf of said corporation.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/smt