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Home My WebLink About6.f. Rosemount Business Park Special Assessment Agreement5 ti CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: October 2, 2001 AGENDA ITEM: Rosemount Business Park Special AGENDA SECTION: Consent Assessment Agreement PREPARED BY: Jim Parsons AGENDA N y1M 6 Community Development Directors 1 ATTACHMENTS: Resolution; Agreement APPROVED BY: Background The Port Authority has completed the installation of utilities and the construction of Boulder Trail in the Rosemount Business Park. The project, overseen by Dave Simons of SEH, benefited properties in the Business Park including lots owned or sold by the Port Authority as well as properties owned by private parties and the University of Minnesota. The Port Authority is to assume the assessments for lots in the Business Park owned or sold by the Port Authority, in keeping with the agreements with the private companies such as Webb Company, etc. The attached resolution and agreement authorize the Port Authority to pay the City of Rosemount for the special assessments. Adopt resolution and approve agreement with the Rosemount Port Authority to pay special assessments in the Rosemount Business Park for city project 308. CITY COUNCIL ACTION: EXECSUM Specials i STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF ROSEMOUNT RESOLUTION 2001- WHEREAS, the Rosemount Port Authority ( "Authority ") has undertaken the redevelopment of certain real property in the Rosemount Business Park Tax Increment Financing District in the City of Rosemount as part of the Rosemount Redevelopment Project; and WHEREAS, in connection with the Rosemount Redevelopment Project the Authority has entered into contracts for private redevelopment for the redevelopment of certain parcels of real property within the project area, which parcels are listed on Exhibit One, attached hereto and hereby made apart hereof (the "Subject Parcels "); and WHEREAS, such contracts for private redevelopment require that the Authority pay for certain public improvements to serve the Subject Parcels including sanitary sewer, watermain, storm drain facilities, stubs, sidewalks, sewer and water services and appurtenant work (the "Improvements "); and WHEREAS, the City of Rosemount ( "City ") has constructed the Improvements as part of City Project #308, "Rosemount Business Park Phase 2 Street and Utility Improvements", which improvements serve the Subject Parcels, among others; and WHEREAS, the Authority proposes to enter into an agreement with the City ( "Special Assessment Agreement ") under which special assessments against the Subject Parcels will be paid by the Authority; and WHEREAS, the City has determined that such agreement is in the best interests of the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount that the Mayor and Clerk are authorized and directed to execute the Special Assessment Agreement on behalf of the City. Adopted this _ day of Cathy Busho, Mayor CLL- 203401 v 1 RS215 -1 ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Voted against: Seconded by: CLL- 203401 v 1 RS215 -1 2 N SPECIAL ASSESSMENT AGREEMENT THIS AGREEMENT is made this day of , 2001 by and between the City of Rosemount and the Rosemount Port Authority, both Minnesota municipal corporations. WITNESSETH: WHEREAS, the Rosemount Port Authority ( "Authority ") has undertaken the redevelopment of certain real property in the Rosemount Business Park Tax Increment Financing District in the City of Rosemount as part of the Rosemount Redevelopment Project; and WHEREAS, in connection with the Rosemount Redevelopment Project the Authority has entered into contracts for private redevelopment for the redevelopment of certain parcels of real property within the project area, which parcels are fisted on Exhibit One, attached hereto and hereby made a part hereof (the "Subject Parcels "); and WHEREAS, such contracts for private redevelopment require that the Authority pay for certain public improvements to serve the Subject Parcels including sanitary sewer, watermain, storm drain facilities, stubs, sidewalks, sewer and water services and appurtenant work (the "Improvements "); and WHEREAS, the City of Rosemount ( "City ") has constructed the Improvements as part of City Project #308, "Rosemount Business Park Phase 2 Street and Utility Improvements ", which improvements serve the Subject Parcels, among others; and WHEREAS, the Authority proposes to enter into an agreement with the City ( "Special Assessment Agreement ") under which special assessments against the Subject Parcels will be paid by the Authority; and WHEREAS, the City has determined that such agreement is in the best interests of the public. NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: The City will construct Project No. 308 to serve the Subject Parcels. The amount of special assessments to finance the cost of City Project No. 308 have been determined for all benefited properties, including the Subject Parcels, in accordance with standard City practices and procedures. The amounts of such special assessments as so determined are shown on Exhibit Two, attached hereto and hereby made a part hereof. 2. The City will levy special assessments against benefited properties other than the Subject Parcels bearing interest and being payable over the term specified in the Notice of Hearing on Assessments for Rosemount Business Park, Phase 2 Street and Utility Improvements attached as Exhibit 3 and hereby made a part hereof. CLL- 203407v1 RS215 -1 J 1 3. In lieu of levying assessments against the Subject Parcels for City Project No. 308, the City will accept the undertaking of the Authority set forth herein. 4. The Authority will pay the City the principal amounts due with respect to the Subject Parcels as listed on Exhibit 2, in installments together with interest, as set forth in Exhibit 3. ROSEMOUNT PORT AUTHORITY CITY OF ROSEMOUNT By Its Chair By Its Secretary Lo Its Mayor By Its Clerk CLL- 203407v1 RS215 -1 2 PROJECT NAME PROJECT NO. ASSESSMENT HEARING DATE ASSESSMENT DUE BEFORE ASSESSMENT TERM (YEAR) CITY OF ROSEMOUNT ASSESSMENT ROLL /MAILING LIST ROSEMOUNT BUSINESS PARK, PHASE 2 STREET AND UTILITY IMPROVEMENTS 308 OCTOBER 16, 2001 NOVEMBER 15, 2001 Ten (10) PARCEL NO LAST NAME Authoritv Authoritv Webb Companies FIRST NAME Rosemount Port Rosemount Port Webb Property LLC MAILING ADDRESS CC 34 34 34 PLAT NO 64552 64552 64552 LOT 010 020 010 BLOCK 00 00 01 2875 145 St W 2875 145`" St W 12700 Zenith Ave S 34 64552 010 02 Geometrix Co Brekken Enterprises LLP 15124 Business Pkwy 34 34 34 34 34 34 64552 64552 64552 64552 0321.0 03310 020 030 040 050 010 010 1 02 02 02 02 15 01 Components, Inc. Ptnrsh Properties Authority Wachter Regents of Precision Gruett - Labriola Ka ser Rosemount Port Donald & Carol U of M 915 Blue Gentian Rd Suite 1 9601 Humboldt Ave S 4847 Shevlin Ct 2875 145"' St W 15247 Bisca ne Ave 335 Morrill Hall 100 Church St SE L -- CITY STATE Rosemount Rosemo MN MN . Burnsville MN Rosemount MN Eagan MN Blo omington MN Minneapolis MN MN MN 55068 55068 55337 55068 55121 55431 55122 55068 55455 EXHIBIT "A" TOTAL $61,494 $207,389 $60,288 $40,996 $177,245 $172.422 $56,670 $231,504 $282,145 $337,610 CITY OF ROSEMOU NT Everything's Coming Up Rosemount!! CITY OF_ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENTS FOR ROSEMOUNT BUSINESS PARK, PHASE 2 STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 308 TO: TIME AND PLACE GENERAL NATURE OF IMPROVEMENTS: ASSESSMENT ROLL OPEN TO INSPECTION.: CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651 - 423 -4411 Hearing Impaired 651 - 423 -6219 Fax: 651 -423 -5203 Notice is hereby given that the City Council of the City of Rosemount, Minnesota, will meet in the Banquet Hall in the. Rosemount Community Center, 13885 South Robert Trail, Rosemount, Minnesota, on the 16 day of October, 2001 at 7:30 p.m., or as soon thereafter as possible, to consider objections to the proposed assessments for sanitary sewer, watermain, storm drain facilities, streets, sidewalks, sewer and water services and appurtenant work for the Rosemount Business Park, Phase 2 Street and Utility Improvements, City Project #308, heretofore ordered by the City Council. The proposed assessment roll is on file with the City Clerk and open to public inspection. AREA PROPOSED The area proposed to be assessed consists of every TO BE ASSESSED: lot, piece or parcel of land benefited by said improvements, which has been ordered made and is as follows: all that area generally described as Outlots A & B; Lot 1, Block 1; Lots 1 -5, Block 2 Rosemount Business Park Second Addition; and, 34- 03210 -010- 15 and 34- 03310 - 010 -01 in Rosemount, Minnesota, as on file and of record in the office of the County Recorder, Dakota County, Minnesota. TOTAL AMOUNT The total amount proposed to be assessed OF PROPOSED: is $1,627,763. WRITTEN OR ORAL Written or oral objections will be considered at the OBJECTIONS: hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Dakota County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of any APPEAL: assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, ASSESSMENTS: Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. However, the City has elected not to establish any deferment procedure pursuant to those Sections. SPECIFIC AMOUNT TO The amount to be specifically assessed against your BE ASSESSED: particular lot, piece of parcel of land is shown on Exhibit A. PREPAYMENT: You may prepay the entire assessment to the Treasurer of the City until the assessment roll is certified to the County Auditor; after certification to the County Auditor, prepayments of the entire amount remaining due may be made to the County Auditor at any time. NO PARTIAL: The City Council has not authorized the partial prepayment of assessments prior to certification of the assessment or the first installment thereof to the County Auditor. PREPAYMENT WITHOUT No interest shall be charged if the entire assessment INTEREST, OR WITH is paid within 30 days from the adoption of the INTEREST TO END OF assessment roll. If the property owner pays the entire YEAR: amount at any time after 30 days, but before any certification to the County Auditor, he or she needs to pay only the amount of interest accrued as of the date of payment. At any time after the certification, the property owner may still pay the entire amount remaining unpaid to the County Treasurer. In this case, however, prior to November 15 of any year the property owner must pay all interest which would have accrued to December 31 of the year in which the person makes the payment. INTEREST RATE: If the assessment is not prepaid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6.8642 %. Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such resolution. Assessments shall be payable in equal annual installments extending over a period of up to 10 years, the first of the installments to be payable with general taxes for the year 2001, collectible with such taxes during the year 2002. Dated this 18` day of September, 2001. BY ORDER OF THE CITY COUNCIL. Linda Jentink City Clerk City of Rosemount Dakota County, MN Auxiliary aids and services are available - Please contact City Clerk at (612)322 -2003, or TDD No. (612)423 -6219, no later than October 10, 2001 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. 3