2016-060 Council Resolution - Laserfiche WebLink

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ABATEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Agreement is entered into on , 2016, by and between the City of Lino Lakes, a Minnesota municipal corporation, Namar Property, LLC, a Minnesota limited liability company and Dena Property, LLC, a Minnesota limited liability company (Namar Property and Dena Property collectively referred to as "Owners"). Recitals A. Owners hold title to the parcel located at 550 Lilac Street in Lino Lakes, PID 17- 31-22-21-0027 (the "Property") on which is located a building known as the Apollo Center. B. In March 2010, the former owner of the Property obtained a building permit for construction of an Anytime Fitness facility within the Apollo Center. At that time, three units of Sewer Availability Charges ("SAC") became owed in the amount of $6,300, pursuant to state and local regulations. The SAC were not collected when the building permit was issued. C. The Owners acquired title to the Property in September 2010. In November 2012, the City informed the Owners that SAC in the amount of $6,300 was owed. D. In October 2013, the City Council approved an assessment of the Property for the unpaid SAC. E. Anoka County erroneously applied the assessment against the wrong property. F. In October 2014, the City assessed the SAC against the Property as an "Add as Omitted" special assessment pursuant to Minnesota Statutes chapter 272. G. The assessment remains unpaid and as of the date of the execution of this Agreement, is in the amount of $8,865.13, including penalties, interest and County costs. H. The Owners dispute the validity of the SAC given that it was assessed subsequent to their acquisition of the Property, and filed an Objection to Notice of Delinquent Taxes (Court File No. 02 -CV -15-690). I. The Parties wish to amicably resolve this dispute without further expense. NOW, THEREFORE, in consideration of the above, the covenants and promises contained in this Agreement, including the relinquishment of certain legal rights, and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: