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Home My WebLink About2020.09.08 RESO 2020-47 Sewer and Water Assessment Hugo GardensRESOLUTION NO.2020-47 RESOLUTION ADOPTING ASSESSMENTS FOR THE HUGO GARDENS IMPROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA: Such 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 of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable and certifiable as taxes in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2021, and shall bear interest at the rate of 4% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city finance director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The city clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Upon roll call, the following members voting AYE: Haas, Klein, Miron, Petryk, Weidt Upon roll call, the following members voting NAY: None Whereupon said resolution was declared passed a opt this th day of September, 2020 Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Re IPW 50216 4275292 ACM itir Regen to: I IIIII IIIII IIII (IIII IIIII (IIII III TTTLE RECORDING SVCS 1OMTRMCE AVE S"10 BLOOMINGTON MN 55431 rded. on: 111NO201023 AM 4275292 Office of the County Recorder Washington County, Minnesota Oeeee Le"a, County Reeoaar Return to: David K. Snyder, Esq. JOHNSONNURNER LEGAL 56 E. BROADWAY AVENUE, SUITE 206 FOREST LAKE, MIST 55025 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ASSESSMENT AGREEMENT THIS AGREEMENT, made and entered into this aIX day ofd y , 2020, by and between the CrrY of HuGo, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and HUGO GARDEN APARTMENTs, LLC, a Minnesota limited liability company (hereinafter referred to as "H.G.A."). WHEREAS, the City Council has, by Resolution on approved assessments in connection with a major subdivision known as Hugo Gardens and construction of apartment buildings. H.G.A. is the owner of the property identified on Exhibit A attached hereto (the Property') and desires to stipulate to the payment of a specified sum to ensure the provision of sanitary sewer, water, street and storm drainage improvements to the property; and, WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a), and is undertaking the project based upon H.G.A.'s undertakings expressed herein; and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: 1. Developer shall pay the following trunk costs pursuant to the Amortization Schedule attached hereto as Exhibit B: • Trunk Sewer. $52,224.00 Trunk Water: $62,720.00 2. H.G.A. consents to the payment of assessments levied upon the Property, if any, and waives and releases, on behalf of themselves and their successors in title, the right to appeal from or challenge any assessment whether under Minn. Stat. § 429, state or federal constitution. 3. Warranty of Title. H.G.A. wan -ants and represents to the City that they are the fee owner of the Subject Parcel described herein and that they have the authority to execute this Assessment Agreement and agree to the conditions hereof. 4. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the lands described herein, and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subject property, and shall be deemed covenants running with the land. Reference herein to H.G.A., if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers, the cost of said recording shall be borne by H.G.A. and charged against the escrow 2 account. 5. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota 6. Entire Agreement. This Agreement sets forth the entire agreement of the parties hereto and supersedes all prior agreements and understandings between the parties with respect to the matters contained herein. 7. Amendment. Modification or Waiver. No amendment, modification or waiver of any condition, provision or term herein shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by a duly authorized representative thereof and specifying with particularity the extent and nature of such amendment, modification and waiver. IN WITNESS WHEREOF, the City and Applicant have caused this Agreement to be duly executed on the day and year first above written. [SIGNATURES ON FOLLOWING PAGE(S)] 3 APPLICANT HUGO N S, LLC y: IL ti Its: Mt STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON The foregoing instrument was aelmowledged before me this ZL day of 2020, byT the my.,,..4," _, of Hugo Garden Apartments, LLC, a Minnesota limited liability pany, on behalf of said company with full authority so to do. OFFICIAL SEAL OF NOTARYPUBLIC MICHELLE L. BA OW Notary Publio-Minnesota 1y CommWsw Expd=Jan. M, 2o25 SIGNATURE OF -TFARY PUBLIC CITY OF HUGO Its: City Administrator STATE OF MINNESOTA ss. COUNTY OF WASMNGTON By: *-�M Michele Lindau Its: City Clerk The foregoing instrument was acknowledged before me this day of ,- 2020, by Bryan Bear, the City Administrator, of the CITY OF HUGO, a Mimiesotf municipal corporation, on behalf of said City with full authority so to do. I � tom, � � • ti it .TA1 STATE OF AEMESOTA ) ) ss. COUNTY OF WASHINGTON ) SIGN RE OF NOTARY PUBLIC The foregoing instrument was acknowledged before me this C'[! day of 020, by Michele Lindau, the City Clerk of the CITY OF HUGO, a Minnesota m 'cipal corporation, on behalf of said City with full authority so to do. OFFICIAL SEAL OF NOTARYPUBLIC DEP CLOSE I NOTAR4 c�,� _ c IANNESQTA My COMMI55NM F,y,;-, a• 3i. Ml DRAFTED BY.• David K Snyder, Esq. JOHNSON%TUIRNER LEGAL 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 651-464-7292 .J V] SIGNATURE OF NOTARY PUBLIC EXHIBIT A {Legal Description) Lot 1, Block 1, LaValle Fields (subject to change with Hugo Gardens Plat) EXHIBIT B (Amortization Schedule) GEOCODE 20.0312l23.0058 (MAjed tochange when poWm ly is pladed) TYPE TOD FUND 602 B 603 PROPERTY OWNER Hugo Garden Apaimmis, U.0 (H.GA) ADDRESS ORIGINAL LIEN S 114,944.00 YEARS 10 INTEREST FROM 0911m INTEREST RATE 4.000% DAYS IN YEAR 365 DAYS IN FIRST YEAR 479 PROJECT Trunk Water 720.00 and Tnu* Sewer f952 .00 TAXES PAYABLE PRINCIPAL INTEREST COUNTY TOTAL ROUND04G TOTAL DECLINING YEAR FEE' PRINCIPAL ANNUAL PRINCIPAL INTEREST PAYMENT BALANCE ■ FEES I421 3 11,494.40 $ 6,053.77 6 5.00 S 17.S33.17 f O.01 S 17,633.18 S 107,449.60 2022 S 11.424.40 S 4,137.98 S 5.00 S 1S.63T.38 S 1s.sw38 S 91.95520 2023 $ 11,494.40 S 3,67821 S 5.00 S 1s.177.61 s 0.01 s 15,177.62 $ 80.460.60 2VA 5 11,494A0 S 3,218A3 S 5.00 S 14.717.B3 S 0.01 S 14,717.64 S 66,966.40 2026 s 11,494.40 $ 2.768.66 5 5.00 $ 14.258.06 S 14,258.06 $ S7A72.00 2026 S 11,494.40 S 2,298.88 $ 5.00 $ 13.79828 S 13,798.28 S 45.977.60 2027 S 11,494A0 $ 1,839.10 S SA $ 13.33830 S 13,338.50 S 34AS32D 2028 S 11.494.40 S 1,37933 s 5.00 S IZ878.73 s 0.01 S 12,978.74 5 22.988.80 2029 S 11,494A0 S 91955 S 5.00 S 12,418.95 S 0.01 i 12AI8.96 S 11.494.40 2030 6 11,494,40 S 469.76 S 5.00 S 11969.18 6 11,959.16 s CAD TOTALS S 114,94 4 S 26.7 .69 S 50,60 S 14A.71TE9 5 0.05 S t d 1.717.74 • COUNTY FEE SUBJECT TO CHANGE "TOTAL ANNUAL PAYMENT MUST BE AN EVEN,NUMBER