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City Council Resolution 2014-68CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2014-068 APPROVING ASSESSMENT AGREEMENT & WAIVER OF HEARING AND ADOPTING SPECIAL ASSESSMENTS FOR SRCS BUILDING COMPANY, o /b /o SWAN RIVER MONTESSORI SCHOOL AT 503 MAPLE STREET PID 155- 010 - 010060 WHEREAS, the City has received and approved an application for final stage planned unit development (PUD) and rezoning of PUD for BRCS Building Company, for land legally described as: Lots 6 and 7. Block 10, Original Plat of Monticello, Wright County, Minnesota; and WHEREAS, pursuant to authority granted it by Minnesota Statutes 462.358, Subd. 2a. (2013), the City has conditioned its approvals of the development applications, for the subject property on the construction of improvements to said property, and the Developer Contract, to pay for certain costs related to the improvements, and; WHEREAS, the City has received an Assessment Agreement (a copy of which is attached hereto as Exhibit "A ") from the Developer for payment of these improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: 1. The Assessment Agreement is hereby approved, contingent upon signature of an authorized representative of the property owner, SRCS Building Company. The Mayor and City Administrator are authorized and directed to sign the Agreement. 2. Such proposed assessments, as amended, are hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. The property owner hereby waives any rights to hearing requirements and further waives any rights to appeal pursuant to MN Statutes 429.081. 3. The cost of the improvements assessed by this resolution to the property as identified in the attached Assessment Agreement is $29,001.35. Terms of the assessment shall be as provided in the Assessment Agreement. 4. The property owner may, within 30 days of the execution of this agreement, pay the whole of the assessment on such property to the City, except that no interest shall be charged if the entire assessment is paid prior to certification of the assessment. The 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 the payment is made. Such payment must be made before November 30 or interest will be charged through December 31, of the next succeeding year. 5. The Clerk shall certify this assessment to the County to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. BE IT FURTHER RESOLVED: that the City Clerk shall record said Agreement with the County Recorder and County Auditor Offices. ADOPTED BY the City Council of the City of Monticello on this 14th day of July, 2014. CITY OF MONTICELLO yj';7 1 Clint erbst, ayor ATTEST: Jeff OAP, City Administrator CERTIFICATION STATE OF MINNESOTA COUNT' OF WRIGHT I hereby certify that the foregoing is a true and correct copy of Resolution #2014 -068 duly passed, adopted and approved by the Monticello City Council at their scheduled meeting on July 14, 2014, and recorded in minutes of said meeting. Catherine M. Shuman, Deputy City Clerk a. Notary Public:,tL-/-X--1 Al Date: VICKI JAN LEERHOFF Notary Public- Minnesota r My Commission Expires Jan 31, 2016 EXHIBIT "A" Assessment Agreement