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RES 17-89CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2017-89 RESOLUTION ADOPTING MODIFICATIONS TO PREVIOUSLY ADOPTED SPECIAL ASSESSMENTS FOR QUADAY AVENUE IMPROVEMENTS WITHIN GREAT RIVER CENTRE OF OTSEGO FOURTH ADDITION WHEREAS, the P&F Properties, Inc. is the Owner of the property legally identified as Lot 1, Block 1, Great River Centre of Otsego Fourth Addition; and WHEREAS, the City of Otsego is the Owner of the property identified as Outlot A, Great River Centre of Otsego Fourth Addition; and WHEREAS, the Otsego City Council previously adopted Resolution 2016-23 on February 22, 2016 outlining the assessment of costs in relation to improvements for Quaday Avenue; and WHEREAS, the Otsego City Council previously adopted Resolution 2016-47 on May 9, 2016 revising the installment terms of the assessments adopted within Resolution 2016-23; and WHEREAS, the Otsego City Council proposed to reduce the amounts of the assessments adopted within the respective resolutions identified above; and WHEREAS, as Owner of Outlot A, Great River Centre of Otsego Fourth Addition, the City of Otsego hereby petitions for and consents to the assessments set forth herein and waives any and all hearings, irregularities in procedure, and any all rights of appeal under Minnesota Statute 429.081, or any other statute or case law; and WHEREAS, P&F Properties as Owner of Lot 1, Block 1, Great River Centre of Otsego Fourth Addition as previously waived any and all hearings, irregularities in procedure and any and all rights of appeal under Minnesota Statute 429.081, or any other statute or case law pursuant to Paragraph 19 of that document entitled Development Agreement Great River Centre of Otsego Fourth Addition- Lot 1, Block 1 dated May 16, 2016 and recorded at the Wright County Recorder's Office on May 17, 2016 as Document No. A1314724. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the amounts of the assessment for Lot 1, Block 1, Great River Centre Fourth Addition adopted in Resolution 2016-23 and the installment terms of the assessments adopted in Resolution 2016-47 be superseded by the new amount and installment terms identified in No. 2 of this resolution. 2. That such assessment for Quaday Avenue Improvements against Lot 1, Block 1, Great River Centre of Otsego Fourth Addition in the principal amount of $151,056.31 shall be payable in equal annual principal installments extending over a period of nine (9) years, the first of the installments to be payable on or before the first Monday in January 2018, and shall bear interest at the rate of 3.25% percent per annum. Said interest will commence on January 1, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid assessments. That the amounts of the assessment for Outlot A, Great River Centre of Otsego Fourth Addition adopted in Resolution 2016-23 be superseded by the new amount identified in No. 4 of this resolution. 4. That such assessment for Quaday Avenue Improvements against Outlot A, Great River Centre of Otsego Fourth Addition in the principal amount of $142,487.48 shall be deferred until development, with no interest accruing. 5. That copies of said assessments are attached hereto as Exhibit A and made a part hereof, and are hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in hereby found to be benefitted by the improvements in the amount of the assessment levied against it. 6. The owner of any property so assessed may, at any time prior to certifications of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Otsego City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the Otsego City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 7. The Otsego City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 2 ADOPTED by the Otsego City Council this 13th day of November, 2017. MOTION made by Council Member Heidner ATTEST: CITY OF OTSEGO Jessica Stockamp, My Tami LoW, City Clerk and SECONDED by Council Member INFAVOR: Stockamp, Heidner, Warehime, Darkenwald, Tanner OPPOSED: None 3 a M, to t O 11 O Ln O V o V �} ct cr M M N N H H O U IA Vi O 111 O t(1 O Ln O Vl ' 0 00 W N Ln O1 N O m m tO � vvmHrnwio<rmH M M m r W O Nde /O m m o m n m m H m m tOD N Oro LHA n n d' W ' ' W Oro Ori O cm -i N M 'd m Ln dry W N r H Ln O) M n O o M N N c -i c -I O Om Of W m N N N N N N H H H 00 H >n W N l0 m m LO co yJ N m m H W VO t- M m C (/, ' ' m N N N 4 A H O O tD 01 01 H Nn H m d' Lnm m to r n OO Ln mm LD m Ln H m N' r -I r-1 N a — Ln m v1 m m Ln v1 m Ln Ln 0 o 0 0 0 0 0 0 o V c oHo' � oHo' oHo" oHo oHo' oHo m oo m a` H v v `r N N a H 16 FO- LD H H H ri N N N N N N N 0 0 0 N N 0 0 N 0 0 0 �. 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