Agenda - Council Work Session - 02/15/2005

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Improvements against the Unsold Subject Property pursuant to Mim~esota Statutes, Chapter 42-9. The ~pecial assessment will be allocated among the lots and outlots that constitute the Unsold Subject Property'pursuant'to the percentages set forth on .EXhibit F-1. The special assessment will be payable in a single installment, but the .City will defer the obligaiion to pay the special assessment until the:earlier oftfte date three years after the date the City levies the special assessment or the date the City approves a final plat replatting all or a portion of the Unsold Subject Property. Notwithstanding the fOregoing~ !he special assessments due and payable with respect to-Outlot I,:[is this the correct legal description of the Ramdance Parcel? YES1} RAMSEY TOWN CENTER ADDITION, Anoka County, Minnesota! Will be payable in a single installment upon the later of the date thirty (30)days iafter the City levies the special assessment or March 1, 2005. If the Developer replats a portion of the Unsold Subject Property, the special assessment will be due only with respect to the tax parcel or parcels that inClUde all or a portion of the Unsold Subject Property that is being replatted and the special assessment will remain deferred for the balance of the U/mold Subject Property. The Developer and the h~terested Parties hereby,consent to the City's levying of a special assessment agai~ast the UnSold Subject Property for the City Phase II Roadway hnprovements 'in an amount equal to $465,200.00 pursuant to Minnesota Statutes, Chapter 429, 'the City Charter and the City Ordinat~ces, and hereby Waive any and all procedural and substantive objections to a special assessment in that amount, including, but not limited to, notice and hearing,requirements, claims that the Unsold Subj eot Property, or any part thereof, does not receive a benefit from the City Phase II Roadway Improvements, claims that property other than the Unsold Subject Property 'receives a benefit fr°m the City Phase II Roadway ImproVements, olaims that the 'assessment is not uniform upon the same classes of propertY and claims that the amonnt of the special assessment allocated to any 10t or outlot pursuant to Exhibit F-1 exceeds the benefit to such lot or outlot, i The Developer and the h~terested Parties also waive any appeal righls otherwise available pursuant to MinnesOta Statutes, Section 429.081 and any rights available under the City Charter or the City Ordinances. The consents and waivers set f6rthin this Section 7.12 run with title to the UnSold Subject Property and are binding on the Developer and its successors and assigns. Until the City levies the special assessment,' the special assessment constitutes a pending special assessment. If a subsequent final: plat for a Phase subdix, ides one or more of the lots or outtots referenced on Exhibit F-l, the City must allocate the special assessment pending or levied agah~st that lot or outlot among the lots or outlots created by such final plat. The Developer or a Secondary Developer, if applicable, 'mUst prepare and Submit to the City, for its review, a proposed allocation of the pending or levied special assessments among the lots or outlots created by such final plat. The City must adopt the Developer's Or, if apPlicable, a Secondary Developer's proposed 1710¢~52v2