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ITEM 3.8 Agreement between Otsego and WFC IIP OtsTe F o MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTER: MEETING DATE: Legal Andy MacArthur, City Attorney December 14, 2015 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda Lori Johnson, City Administrator 3.8 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends that the attached agreement be approved between the City and WFC III, LLC that sewer and water connection fees be assessed against the property. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? I No. No. BACKGROUND/JUSTIFICATION: WFC III, LLC recently constructed an office building on Lot 2, Block 1 OTSEGO WATERFRONT EAST FIFTH ADDITION. Due to its Agreement with its Lender, WFC III, LLC is requesting that the charge for City sewer and water connection fees be assessed against the property over a period of years at an interest rate established by the City. The City has previously approved such requests for commercial buildings. The utility connection fees for the office building were determined based on the number of residential equivalent connections (RECs) calculated using the Metropolitan Council Environmental Services SAC schedule as 11.6 RECs. Based on the 2015 fee schedule the total utility connection charges due for the office building equal $97,173.20. City staff has drafted an agreement to be executed by WFC III, LLC to assess the utility connection charges for a period of seven years at 3.25 percent interest per annum. The first payment would be made with the property taxes payable in 2017, although interest will be calculated based upon the date the building permit was issued on May 6, 2015. SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE A. Agreement MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve the proposed agreement between the City of Otsego and WFC III relative to assessments for water and sewer connection fees. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA o NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT BETWEEN THE CITY OF OTSEGO AND WFC III, LLC REGARDING UTILITY FEES FOR FACILITIES AT 9000 QUANTRELLE AVENUE NE, OTSEGO AGREEMENT entered into this day of December, 2015 between the City of Otsego (CITY), a Minnesota municipal corporation and WFC III LLC, a Minnesota Limited Liability Company, (OWNER). WHEREAS, OWNER applied for a building permit on May 6, 2015 and has constructed an office building at 9000 Quantrelle Avenue NE within CITY; and WHEREAS, OWNER has substantially completed construction of the building; and WHEREAS, CITY currently has in place Utility Fees which include Water Availability Charges, Water Connection Fees, Sewer Availability Charges and Sewer Connection Fees which are charged to users based upon Residential Equivalent Connections (RECS) as determined by CITY as provided for by Chapter 6, Section 1 of the Otsego City Code; and WHEREAS, OWNER has paid for the water and sewer availability fees upon execution of the Developer's Agreement between CITY and OWNER; and WHEREAS, CITY has calculated total connection fees at current rates for the building as 11.6 RECs, including a water connection fee of 11.6 RECs x $1,581.00 per unit = $18,339.60 and a sewer connection fee of 11.6 RECs x $6,796.00 per unit = $78,833.60 for total connection fees of $97,173.20. NOW, THEREFORE IT IS AGREED BETWEEN THE PARTIES as follows; 1. CITY agrees that at the time a building permit was issued the utility connection fees for the office building will be 11.6 RECS, in the total amount of $97,173.20 for applicable Connection Fees. 2. OWNER hereby petitions the CITY to assess the above listed Connection Fees in the principal amount of $102,466.47 against the property at 9000 Quantrelle Avenue NE (Lot 2, Block 1, OTSEGO WATERFRONT EAST FIFTH ADDITION) for a period of seven (7) years at an interest rate of 3.25% per annum commencing with taxes payable in 2017, as per the attached amortization schedule. The amount above includes interest from the date of issuance of the building permit, May 6, 2015. 3. OWNER on behalf of itself, its heirs, assignees or successors in title does hereby waive any and all hearings, irregularities in procedure and any right of appeal of any nature, including the right to appeal the assessment under Minnesota Statute 429.081, common law or the Minnesota Constitution. OWNER agrees that the property is benefited in at least the amount of the assessment. 4. OWNER does hereby waive any and all claims or causes of action against the CITY, of whatever nature, related to this Agreement unless caused by the willful, wanton or intentional misconduct of the CITY or anyone acting on behalf of the CITY. 5. To the fullest extent permitted by law, OWNER agrees to defend, indemnify and hold harmless CITY, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including attorney fees, arising out of OWNER'S performance or failure to perform its obligations under this Agreement. OWNER agrees this indemnity obligation shall survive the completion or termination of this Agreement. 2 6. This Agreement may not be amended except by written Agreement of all parties. 7. In the event that any portion, sentence, paragraph or clause of this Agreement is held to be invalid by a court of competent jurisdiction the remainder of the Agreement shall be modified and interpreted to be as close as possible to the original intent of the Parties. Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk Dated: WFC III LLC By: Its 3 City of Otsego Special Assessments Amortization Schedule 9000 Quantrelle Ave NE Year Interest Assessed Accrual 2015 97,173.20 2,067.93 2016 - 3,225.34 2017 - - 2018 - - 2019 - - 2020 - - 2021 - - 2022 - - 2023 - - Principal Payment Interest Total Balance - - - 99,241.13 - - - 102,466.47 14,638.07 3,330.16 17,968.23 87,828.40 14,638.07 2,854.42 17,492.49 73,190.33 14,638.07 2,378.69 17,016.76 58,552.26 14,638.07 1,902.95 16,541.02 43,914.19 14,638.07 1,427.21 16,065.28 29,276.12 14,638.07 951.47 15,589.54 14,638.05 14,638.05 475.74 15,113.79 - 102,466.47 13,320.64 115,787.11 Resolution Date 5/6/2015 Year End 12/31/2015 Interest Days 239 U:\Taxes & Assessments\Special Assess ments\2016\WFCI I WAC & SAC - Amortization Schedule Template