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HomeMy WebLinkAbout2013-10-02 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10/2/13 . , PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ******************************�*********�******* COUNCIL ACTION REQUEST Consider approving the Assessment Appeal Waiver Agreement for Lots 24 and 25, Block 3, Homestead at Highland Hills Improvement Project between the City of Cottage Grove and Thomas and Nicolle Hren. STAFF RECOMMENDATION Approve the agreement. BUDGET IMPLICATION: $N/A BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS �_ $N/A N/A ACTUAL AMOUNT FUNDING SOURCE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from Jennifer Levitt dated 9/24/13 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: MINISTRATOR'S COMMENTS: � , . � � � �� City Administrator Date ***�*******************�************************ COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage I Grove � Pride andprosPerity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Jennifer Levitt, Community Development Director/City Engineer DATE: September 24, 2013 RE: Assessment Appeal Waiver Agreement for Lots 24 and 25, Block 3, Homestead at Highland Hills Improvement Project Proposal/Background Thomas and Nicolle Hren, property owners of th� properties legally described at Lot 24 and Lot 25, Block 3, Homestead at Highland Hills Addition, petitioned for the construc- tion of certain public improvements to the properties to enable connection to the Cottage Grove Sewer/Water System. The owners will pay the City for the cost of accessing the system by December 31, 2014. If they do not pay by that date, they agree to the levy of the Assessment Waiver Amount against their properties with interest accruing at the assessment interest rate. This petition included a waiver of the hearing, notice, and appeal rights for projects levied under Minnesota Statute Chapter 429 in the manner authorized by Minnesota Statutes §462.3531. No public hearing is required for the City Council to adopt these assessments because of the waiver. Recommendation Approve the Assessment Appeal Waiver Agreement for Lots 24 and 25, Block 3, Homestead at Highland Hills Improvement Project between the City of Cottage Grove and Thomas and Nicolle Hren. CITY OF COTTAGE GROVE ASSESSMENT APPEAL WAIVER AGREEMENT FOR LOTS 24 AND 25, BLOCK 3, HOMESTEAD AT HIGALAND HILLS IMPROVEMENT PROJECT THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER ("Agreement") is entered into and effective as of the � 3 day of S ep �c �� Cr , 2013 ("Agreement Date"), by and between the City of Cottage Grove, a Minnesota municipal corporation ("City"), and Thomas James Hren and Nicolle Anne Hren, a mai7ied couple ("Owners"). WITNESSETH: WHEREAS, the Owners are the fee simple owners of property legally described as Lots 24 and 25, Block 3, Homestead at Highland Hills, Cottage Grove, Washington County, Minnesota that will be benefited by the Project; and WHEREAS, the Owners will cause the construction, at their sole expense, of certain private improvements to their Property to enable the Property to connect to the Cottage Grove Sewer/Water System as depicted on the attached Exhibit "A" ("Sewer/Water System"); and WHEREAS, the Owners will pay the City for the cost of accessing the Sewer/Water System as described on the attached E�iibit "B" by December 31, 2014; and WHEREAS, if the Owners fail to pay by the date listed above, the Owners are willing to agree to the levy of the Assessment Waiver Amount against the Property for the Assessment Term with interest accrual at the Assessment Interest Rate to pay for the cost of accessing the Sewer/Water System; and 1 WHEREAS, the Project will result in a connection from the Property to the Sewer/Water System, but the City is willing to facilitate the Project as desired by the Owners provided that the Project is funded entirely by the Owners; and WHEREAS, the Owners are willing to waive their assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acicnowledged, the pai�ties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01 Purnose. The putpose of this Agreement is to memorialize the covenants and agreements between the Owners and the City with regard to the Property and the Project including the Owners' waiver of assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to . Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in retuin for the City's efforts to facilitate the collection of funding for the Project. Section 1.02 Term. The teim of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied assessment). ARTICLE II DEFINITIONS Section 2.01 De�nitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otheitivise: � (a) Agreement: This agreement to memorialize the covenants and agreements between the Owners and the City with regard to the Property and the Project including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) A�eement Date: The date written in the first paragraph of the Agreement. (c) Assessment Interest Rate: The special assessment levied against the Property shall accrue 2 interest at a rate of seven percent (7%) per year for the Assessment Tel�rn. (d) Assessment Teim: The tei7n of the special assessment levied against the Propei shall be five (5) years. (e) Assessment Waiver Amount: The sewer/water connection charge imposed by the City for the Project in the amount of thii�ty-four thousand, tluee hundred ninety-one dollars ($34,391) is to be assessed by Cottage Grove against the Property if the Owners fail to pay the connection charge by December 31, 2014. The costs related to the improvement are described in Exhibit "B". The Assessment Amount is commensurate with the estimated special benefit of the Project to the Property. (� C�: The City of Cottage Grove, a Minnesota municipal corporation. (g) Pro'ect: The sewerlwater connection of the Property to the Cottage Grove SewerLWater System. (h) Owners: Thomas James Hren and Nicolle Anne Hren, a maz7ied couple. (i) Pro e: The property is legally described as Lots 24 and 25, Block 3, Homestead at Highland Hills, Cottage Grove, MN 55016 (Washington County Properly ID #06.027.21.14:0063. ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreements of the Owner. The Owners covenant and agree with the City that: (a) Assessment A��eal Waiver: Owner hereby authorizes the City to certify to the Washington County Auditor/Property Tax Assessor a special assessment against the Propel-ty up to the Assessment Waiver Amount for Project. The Owners hereby waive all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Property up to the Assessment Waiver Amount. The Owners hereby waive any and all procedural and substantive objections to the special assessment up to the Assessment Waiver Amount against the Property, including, but not limited to, notice and hearing requirements and any claim that any or all` of the Assessment Waiver Amount against the Property exceeds the benefit to the Property for the Project. The Owners acknowledge and agree that the benefit of the Project to the Property does in fact equal or exceed the Assessment Waiver Amount. The Owners also acknowledge and agree that the Property receives a 3 special benefit equal to or exceeding the Assessment Waiver Amount. Furthel�nore, the Owners acknowledge and agree that the Project costs may not be equally spread against all benefited property and the Project extends beyond the corporate limits of the City as desired by the Owner. The City and the Owners acicnowledge and agree that the Owners' waiver of assessznent appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Waiver Amount by operation of Minn. Stat. § 4623531. The City and the Owners acknowledge and agree that the Owners may appeal any special assessment above the Assessment Waiver Amount. (b) Owners' Covenant Not to Sue the Citv: Owners hereby covenant with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the levied assessment, or for other relief fiom the payment of the City's levy of a special assessment up to the Assessment Waiver Amount against the Property. (c) Owners' Covenant that Owners are the Pro�er-tv Fee Owners: Owners hereby covenant and wai�ant with the City that Owners are seized in fee of the Propei�ty and have good right to enter into this Agreement with the City. Section 3.02 Covenants and A�reements of the City. The City covenants and agrees with the Owners that: (a) Assessment Waiver Amount: The City agrees that the City will certify/levy a special assessment against the Property only up to the Assessment Waiver Amount for the Project pursuant to this Agreement. (b) City Recording of this A�reement: The City will record this Agreement against the Property. (c) Pre�avment of Assessment: The City agrees that the Owners may prepay some or all of the City's assessment levy against the Property for the Project with no penalty and only with interest accrual pursuant to Minn. Stat. § 429.061. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party(s) may pursue all remedies and sanctions available at law and in equity, � including specific perfoimance. Section 4.02 Attorneys' Fees, Costs and Expenses. The Owners agree to pay the City the amount of the City's assessment levy up to the Assessment Waiver Amount with accrued interest together with the City's attorneys' fees, costs and expenses to defend the special assessment levy by the City pursuant to this Agreement. The Owners acicnowledge and agree that the Owners would be unjustly enriched if the City's assessment levy pursuant to this Agreement was set aside, reduced, repealed or invalidated by a court with jurisdiction over the Property since the Owners requested the Project and this assessment financing for the Project. The Owners agree that the court with jurisdiction over the Pro�erty shall award the City the assessment levy up to the Assessment Waiver Amount with acciued interest together with the City's attorneys' fees, costs and expenses for breach of the Owners' covenant not to appeal or sue the City pursuant to Article III, Section 3.01(b). ARTICLE V GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or per�rnitted by this Agreement shall be in writing and deliveiy shall be deemed to be sufficient if delivered personally or by registered or certified mail, retui� receipt accepted, postage prepaid, addressed as follows: If to the City: City of Cottage Grove Attn: City Administrator 12800 Ravine Parkway South Cottage Grove, MN 55016 If to the Owners: Thomas & Nicolle Hren 7398 Bui�r Oalc Avenue South Cottage Grove, MN 55016 Section 5.02 Non-Assignability. Neither the City nor the Owners shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the pr�or written consent of the other party. Section 5.03 Bindin� Effect. This Agreement and the tei�ns, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. Section 5.04 SeverabilitV. In the event any provision of this Agreement shall be held 5 invalid or unenforceable by any cout-t of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Chan�es and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owners. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counteiparts, each of which shall be an original and all of which shall constitute but one and the same instiument. Section 5.07 Entire A�reement. This Agreement shall constitute the entire agreement between the pai�ties and shall supersede all prior oral or written negotiations. Section 5.08 Notice To Buvers. The Owners agree to notify and provide any buyer of the Property with an executed copy of this Agreement if the Owners sell any interest in the Property following the execution of this Agreement by both the Owners and the City, but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles. IN WITNESS WHEREOF, the City and the Owners have caused this Agreement to be executed by their duly authorized representatives. [remainder of page intentionally blank] C� CITY OF COTTAGE GROVE By: Myron Bailey, Mayor By: Caron Stransky, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2013, before me a Notary Public within and for said County, personally appeared Myron Bailey and Caron Stransky to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerlc of the City of Cottage Grove, the Minnesota municipal coiporation named in the foregoing instrument, and that it was signed on behalf of said municipal cotporation by authority of its City Council and said Mayor and City Clerk acicnowledged said inshument to be the free act and deed of said municipal coiporation. Notaty Public 7 1 �!► � � � Thomas James Hr � Nicolle Anne Hren STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss. ) On this � 3 day of �..�_p �¢,,,,�l, 2013, before me a Notary Public within and for said County, personally appeared Thomas James Hren and Nicolle Anne Hren, a mat�ied couple, to me personally lcnown to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act d deed. , PATRICIA K. DILLON _ . ' NOTARY PUBLIC • MINNESOTA �• 4;:+ My Commission Expires Jan. 31, 2015 Notary Public This instiument drafted by: Korine L. Land Cottage Grove City Attorney LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 After recording, please rehirn to: Korine L. Land Cottage Grove City Attorney LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 : . �■_� � �ERVICE NOTES: 1) ALL SANITARY SEWER SERVIC6S SHALL BE 4" PVCSDRSCH 40 UNLESS OTHERWISE NDTED. 2) ALL WATER SERVlCFS SHALL BE I" COPPER WITH i' CURBSiOP � BOX UNLESS OTHERWISE NOTED. i � »,�---» � \ » � 1 � O Preserve ` � Pass _ � \ / Y � / v � � � Q.) I Q I �l I Q� I � �� �� I I I IX.MH- I I RIM = 858.64 � � INV = 841J3 I " I � i PATpi BINMINOUS AREA I v � / � 4" CLEAN OUT 58' - 4' SqiEDULE 40 I � V �NNECT 7O IX. SAN. SEWER ELEV, = 841.37 � N 0 40 80 Horizontal Scale in Feet RIGHT OP 65th St. So. —1 I 1 1 1 1 — — � — — — — — — — r — � � 15 / 40' I I IX.MH-5 � HOUSE ' ruM = esz.se � !INV = 841.25 � — � r� aee sroP & BOX 15' 7D' -1" 7YPE K COPPER—�_I � — — — — — — — WIVIYCI.I IVG,O VIIAICK MAiN WIfH 1" CORPORATION — I 1 1 I I I ' v � ' ' ' � ���I I v v !IX,MH-4 L '� � �� v _ �� � I v � — — - IX.MH-1 �� < < < —1 I I I— \ � � PROPOSED UTILITY SERVICE IMPROVEMENTS ;� CITY OF COTTAGE GROVE HREN PROPERTY �� R:\QIENi�FItINiCIPAL\COTTAGE_GftOVE_CI_MM98GEMSPECfAL1S5t1E5&P(101ECT5�2013\HREN%iOPHl7V-UAOPPE�iVEPA4�0614t3RCdA+Stt7� DATE: SEPT. 2013 Exhibit B SANITARY AND WATER MAIN SERVICE TO THE HREN PROPERTY SERVICE IMPROVEMENTS 1 CONNECTTOEXISTINGSANITARYSEWER 2 4" PVC, SCH. 40, SANITARY SERVICE PIPE 3 4" CLEANOUT 4 CONNECTTO EXISTING WATERMAIN 5 1" CORPORATION STOP 6 1" CURB STOP & BOX 7 1" TYPE "K" COPPER WATER SERVICE TOTAL SERVICE IMPROVEMENTS Units EA LF EA EA EA EA LF Qty Unit Price 1 $ 2,500.00 60 $ 18.00 1 $ 250.00 1 $ 1,000.00 1 $ 175.00 1 $ 350.00 70 $ 20.00 Total $ $ $ $ $ $ 2,500.00 1,080.00 250.00 1,000.00 175.00 350.00 STREET IMPROVEMENTS 8 MOBILIZATION 9 TRAFFIC CONTROL 10 REMOVE BITUMINOUS PAVEMENT 11 SAWING BITUMINOUS PAVEMENT 12 AGGREGATE BASE, CLASS 5,100% CRUSHED (6" SECTION) 13 NON WEARING COURSE MIXTURE (2.5") 14 WEARING COURSE MIXTURE (2") 15 BITUMINOUS MATERIAL FOR TACK COAT 16 4" SOLID LINE, WHITE EPDXY 17 4" DOUBLE SOLID LINE, YELLOW EPDXY 18 SALVAGE AND REINSTALL RIPRAP 19 SITE GRADING 20 SEEDING, INCLSEED, FERTILIZER, & HYDROMULCH TOTAL STREET IMPROVEMENTS TOTAL SERVICES IMPROVEMENTS TOTAL STREET IMPROVEMENTS TOTAL ESTIMATED CONSTRUCTION COSTS Engineering, Legal, Administration, Inspection, Testing 20% Units Qty Unit Price LS 1 $ 1,000.00 LS 1 $ 2,500.00 SY 275 $ 6.00 LF 100 $ 5.00 TN 105 $ 15.00 TN 45 $ 75.00 TN 36 $ 80.00 GAL 14 $ 5.00 LF 160 $ 2.00 LF 80 $ 4.00 LS 1 $ 500.00 LS 1 $ 1,500.00 AC 0.1 $ 2,500.00 $ Tota I $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,755.00 1,000.00 2,500.00 1,650.00 500.00 1,575.00 3,375.00 2,880.00 70.00 320.00 320.00 500.00 1,500.00 250.00 16,440.00 $ 6,755.00 $ 16,440.00 $ 23,195.00 $ 4,639.00 FEES & AREA CHARGES Water Connection Fee (West Draw) $ 1,275.00 Sanitary Connection Fee (West Draw) $ 386.00 Water Area Charge (West Draw Area 1) $ 3,208.00 Sanitary Area Charge (West Draw Area 1) $ 1,688.00 TOTAL ESTIMATED CITY FEES & AREA CHARGES $ 6,557.00 Grand Total $ 34,391.00 CITY OF COTTAGE GROVE ASSESSMENT APPEAL WAIVER AGRE�MENT FOR LOTS 24 AND 25, BLOCK 3, HOMESTEAD AT HIGHLAND HILLS IMPROVEMENT PROJECT THIS AGREEMENT FOR AN ASSESSME�T APPEAL WAIVER ("Agreement") is entered into and efFective as of the 13 day of _ S Cp hn b t/` , 2013 ("Agreement Date"), by and between the City of Cottage Grove, a Minnesota municipal corporation ("City"), a.nd Thomas James Hren and Nicolle Anne Hren, a married couple ("Owners"). WITNESSETH: WHEREAS, the Owners are the fee simple owners of property legally described as Lots 24 and 25, Block 3, Homestead at Highland Hills, Cottage Grove, Washington County, Minnesota that will be benefited by the Project; and � WHEREAS, the Owners will cause the construction, at their sole expense, of certain private improvements to their Property to enable the Property to connect to the Cottage Grove SewerlWater System as depicted on the attached E�ibit "A" ("Sewer/Water System"); and WIIEREAS, the Owners will pay the City for the cost of accessing the Sewer/Water System as described on the attached E�ibit "B" by December 31, 2014; and WIIEREAS, if the Owners fail to pay by the date listed above, the Ownexs are willing to agree to the levy of the Assessment Waiver Amount against the Property for the Assessment Tel7n with interest accrual at the Assessment Interest Rate to pay for the cost of accessing the Sewer/Water System; and 1 WHEREAS, the Project will result in a connection from the Property to the Sewer/Water System, but the City is willing to facilitate the Project as desired by the Owners provided that the Project is funded entirely by the Owners; and WHEREAS, the Owners are willing to waive their assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01 Purpose. The puYpose of this Agreement is to memorialize the covenants and agreements between the Owners and the City with regaxd to the Property and the Project including the Owners' waiver of assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit piusuant to .Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Project. Section 1.02 Term. The tei�n of this Agreement shall commence on the Agreement Date and shall tei�rninate upon the expiration of the Assessment Term (or upon prepayment of the levied assessment). ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Theu meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires othei�vvise: � (a) Agreement: This agreement to memorialize the covenants and agreements between the Owners and the City with regaxd to the Property and the Project including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) Agreement Date: The date written in the first paragraph of the Agreement. (c) Assessment Interest Rate: The special assessment levied against the Property shall accrue 2 interest at a rate of seven percent (7%) per year for the Assessment Tez�rn. (d) Assessment Term: The term of the special assessment levied against the Property shall be five (5) years. (e) Assessment Waiver Amount: The sewer/water connection charge imposed by the City for the Project in the amount of thirty-four thousand, three hundred ninety-one dollars ($34,391) is to be assessed by Cottage Grove against the Property if the Owners fail to pay the connection charge by December 31, 2014. The costs related to the improvement are described in Exhibit "B". The Assessment Amount is comrnensurate with the estimated special benefit of the Project to the Property. �� �g) (h) C�: The City of Cottage Grove, a Minnesota municipal corporation. Project: The sewer/water connection of the Property to the Cottage Grove SewerLWater System. Owners: Thomas James Hren and Nicolle Anne Hren, a mai�ied couple. (i) Pro ei : The property is legally Highland Hills, Cottage Grove, #Q6 027.21 14.0063:. described as Lots 24 and 25, Blocic 3, Homestead at MN 55016 (Washington County Property ID ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and A�reements of the Owner. The Owners covenant and agree with the City that: (a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify to the Washington County Auditor/Property Tax Assessor a special assessment against the Property up to the Assessment Waiver Amount for Project. The Owners hereby waive all rights to assessment notices, hearings and appeals, and a11 other rights puisuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Property up to the Assessment Waiver Amount. The Owners hereby waive any and all procedural and substantive objections to the special assessment up to the Assessment Waiver Amount against the Property, including, but not limited to, notice and hearing requirements and anp claim that any or all of the Assessment Waiver Amount against the Property exceeds the benefit to the Property for the Project. The Owners acknowledge and agree that the benefit of the Project to the Property does in fact equal or exceed the Assessment Waiver Amount. The Owners also acicnowledge and agree that the Property receives a 3 special benefit equal to or exceeding the Assessment Waiver Amount. Fus the Owners ackn.owledge and agree that the Project costs may not be equally spread against all benefited property and the Project extends beyond the corporate limits of the City as desired by the Owner. The City and the Owners ackn.owledge and agree that the Owners' waiver of assess�nent appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Waiver Amount by operation of Minn. Stat. § 462.3531. The City and the Owners acicnowledge and agree that the Owners may appeal any special assessment above the Assessment Waiver Amount. (b) Owners' Covenant Not to Sue the Citv: Owners hereby covenant with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the � levied assessment, or fox other relief fiom the payment of the City's levy of a special assessment up to the Assessment Waiver Amount against the Property. (c) Owners' Covenant that Owners are the Property Fee Owners: Owners hereby covenant and warrant with the City that Owners are seized in fee of the Property and have good right to enter into this Agreement with the City. Section 3.02 Covenants and A�reements of the Citv. The City covenants and agrees with the Owners that: (a) Assessment Waiver Amount: The City agrees that the City will cez�tify/levy a special assessment against the Property only up to the Assessment Waiver Amount for the Project pursuant to this Agreement. � (b) Citv Recordin� of this Ag�eement: The City will record this Agreement against the Prope� (c) Prepavment of Assessment: The City agrees that the Owners may prepay some ox all of the City's assessment levy against the Property for the Project with no penalty and only with interest accrual pursuant to Minn. Stat. § 429.061: ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with paj the default or defaults on which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not .cured within the cure period, the other party(s) may pursue all remedies and sanctions available at law and in equity, L! including specific performance. Section 4.02 Attornevs' Fees, Costs and Expenses. The Owners agree to pay the City the amount of the City's assessment levy up to the Assessment Waiver Amount with accrued interest together with the City's attorneys' fees, costs and expenses to defend the special assessment levy by the City pursuant to this Agreement. The Owners acicnowledge and agree that the.Owners would be unjustly enriched if .the City's assessment levy pursuant to this Agreement was set aside, reduced, repealed or invalidated by a cour with jurisdiction over the Propez since the Owners requested the Project and this assessment financing for the Project. The Owners agxee that the court with jiuisdiction over the Property shall award the City the assessment levy up to the Assessment Waiver Amount with accrued interest together with the City's attoi�eys' fees, costs and expenses for breach of the Owners' covenant not to appeal or sue the City pursuant to A� III, Section 3.01(b). ARTICLE V GENERAI. PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and deliveiy shall be deemed to be suff'icient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City: City of Cottage Grove Attn: City Administrator 12800 Ravine Parlcway South Cottage Grove, MN 55016 If to the Owners: Thomas & Nicolle Hren 7398 Burr Oalc Avenue South Cottage Grove, MN 55016 Section 5.02 Non-Assi�nabilitv. Neither the City nor the Owners shall assign any interest in this Agreement nor shall either par-ty transfer any interest in the same without the prior written consent of the other pas Section 5.03 Bindin� Effect. This Agreement and the tez7ns, conditions and covenants contained herein and the t�ansaction contemplated hereunder shall be binding upon and inure to the benefit of the pai�ties hereto and their xespective successors, heirs, personal representatives, and permitted assigns. This Agreement shall fiu be binding on subsequent purchasers of the Property and shall iun with the Property herein described. � Section 5.04 Severabilitv. In the event any provision of this Agreement shall be held invalid or unenforceable by any cotu�t of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Chan�es and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owners. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counteiparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.07 Entire A�reement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 5.08 Notice To Buvers. The Owners agree to notify and provide any buyer of the Property with an executed copy of this Agreement if the Owners sell any interest in the Property following the execution of this Agreemer�t by both the Owners and the City, but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles. IN WITNESS WHEREOF, the City and the Owners have caused this Agreement to be executed by their duly authorized representatives. [remainder of page intentionally blank] 0 CITY OF COTTAGE GROVE By: Myron Bailey, Mayor By: Caron Stransky, City Clerlc STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2013, before me a Nota.iy Public within and for said County, personally appeated Myron Bailey and Caron Stransky to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerlc of. the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal cozporation by authority of its City Council and said Mayor and City Clerlc acknowledged said instrument to be the free act and deed of said municipal coiporation. Notary Public 7 �i�i���y �;� �uy �� Thomas James n �, � i,:;� � � � / ,,� / � � _ , STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss. ) On this �3 day of � e �e�2013, before me a Notary Public within and for said County, personally appeared Thomas James Hren and Nicolle Anne Hren, a mat7ied couple, to me personally lcnown to be the persons described in and who executed the foregoing inshument and acknowledged that they executed the same as their free act deed. � , PATRICIA K. DILLON ` NOTARY PUBLIC • MINN�SOTA Notary Public ,= u; + My Commission Expires Jan. 31, 2015 This instrument dra$ed by; Korine L. Land Cottage Grove City Attoiney LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 After recording, please return to: Korine L. Land Cottage Grove City Attorney LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 EXHIBIT A SEFtVICE NOTES; 1) ALL SANIfARY SEWER SERVICES SHALI BE 4" PVCSDRSCH 40 UNLESS OTHERWLSE NOTED. 2) ALL WA7ER SERVICES SHALL 8E I" COPPER Wllli i° CURBSTOP & 80X UNL65 OTHERWISE NOTED. ��� »�—» \ » � I � O Preserve 1 � Pass _ \ / v � / V � _ � PATCH BITUMINOUS 4" CLEAN OUT� 58' - 4' SCHEDULE 40� v CONNECT TO IX. SAN. SEWER ELEV. = 8q1.37 - - -� -►���� /� 40 , HOUSE I i RI IX 62.86 j INV = 841.25� � N �----► � � �'� � � I 0 40 80 1" CURB STOP ' ' � &8�X iIX�MH-4 Horfzontal Scale In Feet � ' � � RIGHT OF WAY I �. 15' I � v /' \ 70' -1" TYPE K COPPER V\ 65th St. So. _ _ _ _ _� � I � � _ _ _ — — — — — — — CONNECi TO IX. 6" WA7ER IX. MH -1 » MAIN WITH i" CORPOIiATION � � � ---1 1 1 I I 1 1 I 1 1 1 � i I —1 1 I— — — � — — — — — — — — — — — — — — — — — � — — \ � � PROPOSED UTILITY SERVICE IMPROVEMENTS � � ~ _� CITY OF COTTAGE GROVE -�_. HREN PROPERTY �� R:\QiFNf�P1UMC[PAL\COTTAGE6ROVE_CI_I1M48C+E��SPKLLLISSIIES&PRO]ECf5�2013\NRENPROPHliY-6;WPf+�iVcPA4�W14L3fIGl&E504VG DATE: SEPT. 2013 I �I � � I Q I �1 I \ � I � I I I I I I I I I ( I II I IX.MH-6 I RIM = 858,64 � � INV = 841.73 I " I � i _��!��" Exhibit B SANITARY AND WATER MAIN SERVICE TO THE HREN PROPERTY SERVICE IMPROVEMENTS Units Qty Unit Price Total 1 CONNECTTOEXISTINGSANITARYSEWER EA 1$ 2,500.00 $ 2,500.00 2 4" PVC, SCH. 40, SANITARY SERVICE PIPE LF 60 $ 18.00 $ 1,080.00 3 4" CLEANOUT EA 1$ 250.00 $ 250.00 4 CONNECTTO EXISTING WATERMAIN EA 1$ 1,000.00 $ 1,000.00 5 1" CORPORATION STOP EA 1$ 175.00 $ 175.00 6 1" CURB STOP & BOX EA 1$ 350.00 $ 350.00 7 1" TYPE "I<" COPPER WATER SERVICE LF 70 $ 20.00 $ 1,400.00 TOTAL SERVICE IMPROVEMENTS . $ 6,755.00 STREET IMPROVEMENTS 8 MOBILIZATION 9 TRAFFIC CONTROL 10 REMOVE BITUMINOUS PAVEMENT 11 SAWING BITUMINOUS PAVEMENT 12 AGGREGATE BASE, CLASS 5,100% CRUSHED (6" SECTION) 13 NON WEARING COURSE MIXTURE (2.5") 14 WEARING COURSE MIXTURE (2") 15 BITUMINOUS MATERIAL FOR TACK COAT 16 4" SOLID LINE, WHITE EPDXY 17 4" DOUBLE SOLID LINE, YELLOW EPDXY 18 SALVAGE AND REINSTALL RIPRAP 19 SITE GRADING 20 SEEDING, INCL SEED, FERTILIZER, & HYDROMULCH TOTAL STREET IMPROVEMENTS Units Qty Unit Price LS 1 $ 1,000.00 LS 1 $ 2,500.00 SY 275 $ 6.00 LF 100 $ 5.00 TN 105 $ 15.00 TN 45 $ 75.00 TN 36 $ 80.00 6AL 14 $ ' S.00 LF 160 $ 2.00 LF 80 $ 4.00 LS 1 $ 500.00 LS 1 $ 1,500.00 AC 0.1 $ 2,500.00 Total $ 1,000.00 $ 2,500.00 . $ 1,650.00 $ 500.00 $ 1,575.00 $ 3,375.00 $ 2,880.00 $ 70.00 $ 320.00 $ 320.00 $ 500.00 $ 1,500.00 $ 250.00 $ 16,440.00 TOTAL SERVICES IMPROVEMENTS TOTAL STREET IMPROVEMENTS TOTAL ESTIMATED CONSTRUCTION COSTS Engineering, Legal, Administration, Inspection, Testing 20% $ 6,755.00 $ 16,440.00 $ 23,195.00 $ 4,639.00 FEES & AREA CHARGES Water Connection Fee (West Draw) $ 1 275.00 Sanitary Connection Fee (West Draw) $ 386.00 Water Area Charge (West Draw Area 1) $ 3,208.00 Sanitary Area Charge (West Draw Area 1) $ 1,688.00 TOTAL ESTIMATED CITY FEES & AREA CHARGES $ 6,557.00 Grand Tota) $ 34,391.00