Laserfiche WebLink
10. Determination of Each Parcel's Allocated Share. The District A Parking Plan <br />assigns each Parcel an "Allocated Share" which is a fraction, the numerator of which is the <br />number of parking spaces assigned to that Parcel in the District A Parking Plan and the <br />denominator of which is the total number of parking spaces in the District A Parking <br />Improvements. If and each time the District A Parking Plan is amended in a manner that <br />modifies the Allocated Share assigned to any Parcel, the amendment must describe when such <br />modification is effective for purposes of the calculation and payment of Parking Maintenance <br />Costs for the fiscal year in which amendment is effective. <br />11. Annual Notice. On or before date fifteen (15) days prior to the commencement <br />of the first full or partial fiscal year and fifteen (15) days prior to each full fiscal year thereafter, <br />the City will mail to the owner of each Parcel, at the address the Anoka County Assessor's office <br />maintains for the distribution of real estate tax statements for the Parcel, a notice setting forth the <br />Parking Maintenance Costs set forth in the City Council's approved budget of Parking <br />Maintenance Costs for the upcoming fiscal year, the Allocated Share attributable to the owner's <br />Parcel for the upcoming year, the amount of the Parking Maintenance Costs for the upcoming <br />fiscal year that the City Council has allocated to the Parcel for that fiscal year pursuant to the <br />resolution described in Section 9 and the amount of the monthly installment of the allocated <br />amount. The notice will not include a copy of the approved budget, but a Parcel owner may <br />obtain a copy of an approved budget from the City upon request. <br />12. Payment of Allocated Parking Maintenance Costs. The owner(s) of each <br />Parcel must pay to the City the amount of the Parking Maintenance Costs that the City Council <br />has allocated to the Parcel for that fiscal year pursuant to the resolution described in Section 9 <br />and such amount is due and payable to the City in a single installment or in multiple installments <br />on the date or dates set forth in said resolution. Each Parcel owner is personally liable for the <br />payment of the share of Parking Maintenance Costs the City allocates to the owner's Parcel and <br />any additional amounts due pursuant to Section 14. The City may commence an action in Anoka <br />County District Court against any owner that does not pay such amounts to the City when and as <br />they are due. If a Parcel has more than one owner, all owners are jointly and severally liable to <br />the City for the full amount of the Parking Maintenance Costs the City allocates to the owners' <br />Parcel and any additional amounts due pursuant to Section 14. An owner may not withhold <br />payment of amounts due under this Agreement as a set-off against claims which the owner <br />asserts against the City under this Agreement or otherwise. If an owner fails to pay an <br />installment of Parking Maintenance Costs on or before the date due, the unpaid installment <br />accrues interest from the date due until the installment is paid in full at a rate of interest equal to <br />the lesser of 12% per annum or the highest rate allowed by law. If the City uses all <br />commercially reasonable efforts to collect delinquent payments, but as a result of an owner's <br />bankruptcy or otherwise the City is unable to recover the delinquent payments from the <br />responsible owner, the amount of the unrecoverable, delinquent payments shall be a Parking <br />Maintenance Cost. If a Parcel owner fails to pay the annual installment of Parking Maintenance <br />Costs when due and the City engages legal counsel to assist the City in collecting the delinquent <br />payments, the City may also recover its reasonable attorneys' fees and costs associated with the <br />collection of the delinquent payments from the Parcel owner. To the extent the City is unable to <br />recover its reasonable attorneys' fees from the delinquent owners, such fees shall be a Parking <br />Maintenance Cost. <br />6 <br />3141289v3 <br />