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01/08/13
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01/08/13
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Meetings
Meeting Document Type
Agenda
Document Title
Housing & Redevelopment Authority
Document Date
01/08/2013
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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 armum 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 />13. Failure to Approve a Budget or to Adopt a Resolution Allocating Costs. The <br />City Council's failure to approve a budget or to adopt a resolution allocating Park Maintenance <br />Costs among the Parcels pursuant to Sections 8 and 9 above or the City's failure to send the <br />notice described in Section 11 above does not constitute the City's waiver or release of a Parcel <br />owner's obligation to pay its Allocated Share of Parking Maintenance Costs, and in the absence <br />6 <br />4533011v2 <br />
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