2016-060 Council Resolution - Laserfiche WebLink

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1. The City will take all necessary steps to abate the "Add as Omitted" special assessment against the Property. 2. The City will replace the "Add as Omitted" special assessment with a special assessment in the amount of $3,150, payable over five years, at an interest rate to be determined at the time the special assessment is levied. 3. The Taxpayers agree that the special assessment described in Paragraph 2 is proper and waive all rights to challenge the special assessment described in Paragraph 2 of this Agreement. 4. Within one week of the execution of this Agreement, the Owners will file a stipulation of dismissal with prejudice with the Anoka County District Court, File No. 02 -CV -15-690. 5. In consideration of the City's abatement of the "Add as Omitted" special assessment and its replacement with the special assessment described in Paragraph 2, the Owners, for themselves, their heirs, administrators, representatives, successors and assigns, and anyone who obtains rights or claims from any Owner, hereby unconditionally releases and forever discharges the City, its current and former City Council members, agents, employees, representatives, insurers, and attorneys ("Released Parties") from any and all actions, causes of action, liability, claims, and demands whatsoever that are based on the "Add as Omitted" special assessment and/or the special assessment described in Paragraph 2. This release of all claims specifically includes, but is not limited to, any claim or demand for payment by the City based on alleged loss revenue, inability to develop the Property, or denial of any permit to the Property because of the unpaid assessment amount, as well as any and all claims regarding the validity of the "Add as Omitted" special assessment or the Special Assessment described in Paragraph 2 or the authority of the City to levy either special assessment. This release of claims applies to claims that are known, unknown, asserted, or unasserted as of the date of this Agreement. 6. This Agreement will be governed by the laws of the State of Minnesota. 7. The provisions of this Agreement shall be severable, and if any provision hereof or the application of any such provision under any circumstance is held invalid, it shall not affect any other provision of this Agreement or the application of any provision hereof. 8. The Agreement shall for all purposes be deemed to have been mutually drafted.