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RES 20-52CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2020-52 APPROVING AND ADOPTING SPECIAL ASSESSMENTS WHEREAS, R. SCHULTZ EXCHANGE, LLC, a Minnesota limited liability company, and E. SCHULTZ EXCHANGE, LLC, a Minnesota limited liability company ("Owners") have requested that the Otsego City Council specially assess certain public improvement costs that affect Owners' property legally described in Exhibit A attached hereto ("Subject Property"); WHEREAS, the City has received the following signed Public Improvement and .Special Assessment Agreement (Exhibit B) waiving all applicable assessment procedural requirements and requesting to be assessed for the public improvement costs in the amount itemized therein for the Subject Property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:. 1. The signed Public Improvement and Special Assessment Agreement is hereby accepted and approved. 2. The public improvement costs amounting to $960,500.00 are hereby adopted and shall constitute .a special assessment against the Subject Property and hereby made part of this Resolution by reference and that the tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessment shall be payable in equal annual installments without deferment extending over a period of seven (7) years, the first of the installments to be payable with taxes paid in 2021 and shall bear the interest rate of 2.20% per annum from the date of adoption of this assessment Resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 2021. 4. The Owners, at any time prior to certification of the assessment to the County Auditor,., may pay. the whole of the assessment on such property, with interest accrued to the date.of payment, to the City, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and such owner may at any time thereafter, pay the City 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. The Owners may also at any time -prior to November 15, of any year, pay the remaining unpaid .principal balance with interest accrued to. December 31 of the year in which such prepayment is made. 5. The 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. 1 210911v2 ADOPTED by the Otsego City Council this 10th day of August, 2020. MOTION BY: Darkenwald SECONDED BY: Tanner IN FAVOR: Stockamp, Darkenwald, Tanner, Goede, Warehime OPPOSED: None 210911v2 CITY OF OTSEGO GAW610P3� Jessica L. Stockamp, Mayor ATTEST: Tami M. Loff, City Clerk EXHIBIT A TO RESOLUTION Lot 1, Block 4, Great River Centre of Otsego 2nd Addition, Wright County, Minnesota, according to the recorded plat thereof. [PID 118-252-0040101 (Abstract Property) 210911v2 EXHIBIT B TO RESOLUTION PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this _ day of , 2020, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("City") and R. SCHULTZ EXCHANGE, LLC, a Minnesota limited liability company, and E. SCHULTZ EXCHANGE, LLC, a Minnesota limited liability company ("Property Owners"). RECITALS A. Property Owners are the owners of real property located in the City of Otsego, Wright County, Minnesota, as legally described on Exhibit A attached hereto and incorporated herein (the "Subject Property"). B. The Property Owners entered into a Site Improvement Performance Agreement with the City for improvement of the Subject Property dated and recorded with Wright County as Document # C. Whereas Paragraph 17 the Site Improvement Performance Agreement requires the Property Owners to pay Sewer and Water Connection Charges in accordance with the City Code at the time a building permit is issued for the Subject Property. D. The Property Owners have requested that the City assess the Sewer and Water connection Charges due for the proposed development ("Fees") 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 Fees in the amount of nine hundred sixty thousand five hundred dollars ($960,500.00) 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 seven (7) year period in equal annual installments, together with interest of two and two tenths percent (2.2%) per year on the unpaid balance. The first installment shall be payable with taxes paid in 2021. 2. WAIVER. Property Owners, 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 Owners waive any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. RELEASE. Property Owners, their successors and assigns, hereby unconditionally release and forever discharge the City, its elected officials, employees, agents and insurers from any and all claims 4 210911v2 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 and water systems, including mapping errors. 4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon Property Owners and their successors and assigns. This Agreement shall run with the land and may be recorded against the title to the Subject Property. STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) CITY OF OTSEGO AND: Jessica L. Stockamp, Mayor Tami M. Loff, City Clerk The foregoing instrument was acknowledged before me this day of 2020, by Jessica L. Stockamp and Tami M. Loff, the Mayor and City Clerk of the City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 5 21091 M STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) OWNER: R. SCHULTZ EXCHANGE, LLC 3'E Its The foregoing instrument was acknowledged before me this day of 2020, by Rick Schultz, the Chief Manager of R. Schultz Exchange, LLC, a Minnesota limited liability company, on behalf of said limited liability company. STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) NOTARY PUBLIC OWNER: E. SCHULTZ EXCHANGE, LLC W Its The foregoing instrument was acknowledged before me this day of 2020, by Eric Schultz, the Chief Manager of E. Schultz Exchange, LLC, a Minnesota limited liability company, on behalf of said limited liability company. THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson, Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 DSK/smt I 210911Q NOTARY PUBLIC EXHIBIT A Lot 1, Block 4, Great River Centre of Otsego 2nd Addition, Wright County, Minnesota, according to the recorded plat thereof. [PID 118-252-0040101 (Abstract Property) 7 210911v2