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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO.2022-086 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE HAMLET ON SUNFISH LAKE PUBLIC SANITARY SEWER IMPROVEMENT PROJECTS WHEREAS, in 2020, the City of Lake Elmo (the "City") completed the first phase of a public improvement project in the Hamlet of Sunfish Lake development (the "Subdivision") to connect the Subdivision's private sanitary sewer collection system to the City's sanitary sewer system and decommission the Subdivision's homeowner's association wastewater treatment system (the "2020 Proj ect"); and WHEREAS, the Sunfish Lake Homeowners' Association (the "HOA") paid the City for the 2020 Project's estimated costs in the amount of $489,500; and WHEREAS, it was later determined by the City that the actual costs for the 2020 Project was $597,623, which is a difference of $108,123 (the "2020 Project Difference"); and WHEREAS, the City agreed to defer payment of the 2020 Project Difference by the HOA to 2021 provided that all of the benefited properties in the Subdivision signed a petition and waiver agreement agreeing to the assessment amount, so that in the event that the HOA did not pay the 2020 Project Difference in 2021, the City will be able to collect it through assessments; and WHEREAS, the second phase of the project consists of improvements and replacement and repair to the HOA's sanitary sewer collection system with said work being completed in 2021 (the "2021 Proj ect"); and WHEREAS, the HOA has requested on behalf of the property owners in the Subdivision that the 2020 Project Difference and the 2021 Project costs be assessed by the City instead of the HOA paying these costs; and WHEREAS, the City had agreed to consider this request, provided that all of the benefited properties in the Subdivision sign a petition and waiver agreement agreeing to the assessment amounts for both 2020 and 2021; and WHEREAS, the City has received signed petition and waiver agreements from all benefited property owners in the Subdivision whereby they agreed to be assessed for the 2020 Project Difference in an amount up to $2,640, and they agreed to be assessed for the 2021 Project in an amount up to $15,200; and WHEREAS, on February 16, 2021, the City Council passed Resolution 2021-019 declaring costs to be assessed and ordering the preparation of proposed assessments for the Projects; and WHEREAS, the final project costs have been determined and the actual amount to be assessed for the 2020 Project Difference will be $1,420, and the actual amount to be assessed for the 2021 Project will be $12,830, for a total sanitary sewer assessment amount of $14,250 per property. NOW, THEREFORE, BE IT RESOLVED, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract