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City Council Resolution 2008-33CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO.2008 -33 APPROVING SPECIAL ASSESSMENT AGREEMENT AND ADOPTING SPECIAL ASSESSMENTS FOR CEDAR STREET IMPROVEMENTS WHEREAS, the City has received and approved an application for rezoning, resubdivision and replatting for Michael Krutzig/SB22 LLC, a Minnesota Limited Liability Corporation ( "Developer "), for land legally described as: JERRY HARTUNG ADDITION WHEREAS, pursuant to authority granted it by Minnesota Statutes 462.358, Subd. 2a (2008), the City has conditioned its approvals of the development applications for the subject property on the construction of certain Street Improvements to Cedar Street (" Improvements") including the future extension of Cedar Street by the City, and the Agreement of the Developer to pay for a portion of the costs of the Improvements, and; WHEREAS, the City has received a Public Improvement and Special Assessment Agreement (a copy of which is attached hereto as Exhibit "A ") from the Developer for City construction of the Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: 1. The Assessment Agreement is hereby approved. The Mayor and City Clerk 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. 3. 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. 4. The Clerk shall forthwith transmit a certified duplicate of 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. 5. The cost of the improvements assessed by this resolution to the property as identified in the attached Assessment Agreement is $45,967.50. Terms of the Assessment shall be as Provided in the Special Assessment Agreement. ADOPTED this 14th day of April, 2008, by the City Council of the City of Monticello. Clint Herbst, Mayor ATTEST: Dawn Grossinger, I3eputy City erk