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RES 2022-50 Approving and Adopting Special AssessmentsCITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2022-50 APPROVING AND ADOPTING SPECIAL ASSESSMENTS ENDEAVOR INVESTMENTS XI1, LLC, a Delaware limited liability company, ("Owner") has 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 THAT: 1. The signed Public Improvement and Special Assessment Agreement is hereby accepted and approved. 2. The public improvement costs amounting to $688,789.78 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 2023 and shall bear the interest rate of 4.20% 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, 2023. 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 221592v2 ADOPTED by the City Council of the City of Otsego this 9th day of May, 2022. MOTION BY: Moores SECONDED BY: Dahl INFAVOR: Stockamp, Dahl, Darkenwald, Goede, and Moores OPPOSED: none CITY OF OTSEGO ATTEST: UL Audra Etzef` City Clerk 2 221592v2 EXHIBIT A TO RESOLUTION Lot 11 Block 1, and OUtlot A, Jacobs Plat, Wright County, Minnesota, according to the recorded plat thereof. 3 221592v2 EXHIBIT B TO RESOLUTION PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of , 2022, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("City") and ENDEAVOR INVESTMENTS XII, LLC, a Delaware limited liability company, ("Property Owner"). RECITALS A. Property Owner is the owner 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 Owner entered into a Development Contract with the City for improvement of the Subject Property which will be recorded in conjunction with this Public Improvement and Special Assessment Agreement, C. The Development Contract requires the Property Owner to pay Water Availability Charges ("WAC") in the total amount of $146,196.26. D. The Property Owner paid $116,239.74 of this WAC upon execution of the Development Contract, leaving a balance of $29,956.52 in WAC ($ 146,196.26 - $116,239.74 = $29,956.52) which the Property Owner requests that the City assess against the Subject Property. E. The Development Contract requires the Property Owner to pay Sewer Availability Charges ("SAC") in the total amount of $209,422.15. F. The Property Owner paid $166,510.26 of the SAC upon execution of the Development Contract, leaving a balance of $425911.89 in SAC ($209,422.15 - $1669510.26 = $42,911.89) which the Property Owner requests that the City assess against the Subject Property. G. The Development Contract and Otsego City Code Section 8-1-6-C state that the Developer shall pay to the City the required sewer connection charges and water connection charges, which are separate and distinct from Sewer Availability Charges (SAC) and Water Availability Charges (WAC). H. The sewer connection charges with respect to development of the Subject Property are $499,653.15 and the Property Owner requests that the full amount of sewer connection charges be assessed against the Subject Property. 221592v2 I. The water connection charges with respect to development of the Subject Property are $116,268.22 and the Property Owner requests that the full amount of water connection charges be assessed against the Subject Property. J. The Property Owner has requested that fees in the total amount of $688,789.78 be assessed against the Subject Property, comprised of the following elements: Availability —Water (WAC) Availability — Sewer (SAC) Connection — Water Connection — Sewer Total $29,956.52 $42,911.89 $116,268.22 $4995653915 K. The Property Owner requests that the City assess this amount 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 amount of Six Hundred Eighty Eight Thousand Seven Hundred Eighty Nine dollars and Seventy Eight cents ($688,789.78) 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 four and two tenths percent (4.2%) per year on the unpaid balance. The first installment shall be payable with taxes paid in 2023. 2. WAIVER. Property Owner, its successors and assigns, waives 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. 3. RELEASE. Property Owner, its successors and assigns, hereby unconditionally releases and forever discharges 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 and water systems, including mapping errors. 4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon Property Owner and its successors and assigns. This Agreement shall run with the land and maybe A ecorded against the title to the Subject Property. [Remainder of page is intentionally left blank. Signature pages follow.] 5 221592v2 CITY OF OTSEGO BY: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Jessica L. Stockamp, Mayor Audra Etzel, City Clerk The foregoing instrument was acknowledged before me this day of , 2022, by Jessica L. Stockamp and Audra Etzel, the Mayor and City Cleric 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 221592v2 STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was , 2022, by OWNER: ENDEAVOR INVESTMENTS XII, LLC BY: Its acknowledged before me this the of Endeavor Investments XII, LLC, a Delaware limited liability company, on behalf of said entity. THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 DSK/smt NOTARY PUBLIC 7 221592v2 EXHIBIT A Lot 15 Block 1, and Outlot A, Jacobs Plat, Wright County, Minnesota, according to the recorded plat thereof. 221592v2