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08-69CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2008-69 RESOLUTION ADOPTING ASSESSMENT- MINNESOTA NATIVE LANDSCAPES, INC: IMPROVEMENTS TO 77th STREET WHEREAS, pursuant to an agreement entered into between the City of Otsego (City) and Minnesota Native Landscapes, Inc., a Minnesota corporation (Developer) and the property owners, Joe Schaffer and Amy Schaffer, husband and wife and John Garry and Stacey Garry, husband and wife, said Developer and property owners have agreed to waive all hearings, waive any irregularities in the proceedings, and waive any and all rights of appeal relative to certain costs incurred by the City relating to improvements to 77th Street. The project is located within the City of Otsego, Wright County, Minnesota. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, COUNTY OF WRIGHT, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby accepted and shall constitute the special assessment against the land set forth as Exhibit B, and the tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2009, and shall bear interest at the rate of 6 % percent 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, 2008. To each subsequent installment when .due shall be added interest for one year on all unpaid installments. 3. The owners of the property so assessed may, at any time prior to certification 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 City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer 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. Partial pre -payment of the assessment may be made pursuant to City Ordinance. 4. 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. Such assessments shall be paid over in the same manner as other City taxes. ADOPTED by the Otsego City Council this 10th day of November, 2008. IN FAVOR: -.--Mayor Stockamp; Councilmembers : Heidner, Thorsted, Darkenwald and Scharber OPPOSED: NONE ABSTAINING: NONE 2 CITY OF OTSEGO 015 d MIA - Z F! 41! 1 WI, Z MET !0.A �.1..�.� �_._i_�I__L� _�U y Hudson, City Clerk 4