Agenda - Council - 02/22/2005 - Laserfiche WebLink

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calculation and payment of iSarking Maintenance Costs for the calendar year in which amendment is effective. 11. Ann.ua! Notice..Atileast* 1.5 days before the City begins operating the initial Parking hnprovement.,i and, thereafter, on'or before December 15 of each year, the City will mail to the owner of each Parcel, at the ~dres~ the ~oka County Assessor's office maintains for the distribution of real estate tax :gtatemen~s for :the Parcel, a notice setting fo~h the Parking Maintenance Costs set; fo~h in the Cky COuncil's approved budget of Parking Maimenance Costs for the upcoming year, the AllOeated Share attributable to the owner's Parcel for the upcoming year, the amount of the Parking ~MaiBten~ee Costs for the upcoming calendar year that the City Council has allocated to the parcel for th~t~calendar, year pursuant to the resolution described in Section 9 and the amount of the monthlyi~stallment of the allocated amount. The notice will not include a copy of the :approved~budget, :hut a Parcel owner may obtain a copy of an approved budget from the City upon requ~t. 1.2. PaymeOt of A 10 at d P*E ng: Maintenance Costs. The owner(s) of each Parcel must pay to th~ City 'th~ a~ount~o~ t~e~ Parking Maintenance Costs for the upcoming calendar year that the City Cou~CiI kas aliocatdd to the Parcel for that calendar year pursuant to the resolution describ~ in Section 9 and~.such amount is due and payable to the City a single installment on or before Februar7 1 of ea{h~year} Each Parcel owner is personally liable for the payment of the share of P~king. Mai~tenance ~Osts the City allocates to the owner's Parcel and any additional amounts due pursuant to SeCtion 14, and the City may co~ence an action in Anoka County District :Cou~ ag~st any ownerCthat does not pay such amounts to the City when and as they are due. If a Parcel h~ mor~ th~ one owner, all owners are jointly and severally liable to the City for t~e ~11 amount ~of thb Parking Maintenance Costs the City allocates to the owners' Parcel and any addition01 a~oUnts due pursuant to Section 14. An owner may not withhold payment of amounts d~e under [~s Agreement as a set-off against claims which the owner asserts against the City uMer ihis A~eement or othe~ise, If an owner fails to pay the annual instalhnent of Parking M~nteh~Ce Costs on or before February 1 of a year, the unpaid instalhncnt accrues int~est fromFebmary,.1 of that year until the installment is paid in full at a rate of interest equal to the leSsa~ of 8% per a~um or the highest rate allowed by law. If the City uses all commercially reasonOble effoOs to collect delinquent payments, but as a result of an Owner's bankruptcy or othe~ise the City ~s :unable to recover the delinquent payments fi'om the responsible Owner, the amount~ Of the umecoVerable, delinquent pa~ents shall be a Parking Maintcnance Cost. If a, Parcel owner ~fails }o paYthe a~ual installment of Parking Maintenance Costs when due and thd City engCges~legal) counsel to assist the City in collecting the delinquent payments, the City maY also recover its re~on~ble aaomeys' fees and costs associated with the collection of the delinquent pay~ants ffom~ the: ~cel owner. To the extent the City is unable to recover its reasonable attorneys' ~es :fr°m~ the delinquent owners; such fees shall be a Parking Maintenance Cost. Failure [o appraY a aaet or,to Adopt a Resolution Allocating Costs. The City Council's failure to approve ~a budget ;Or tO ;adopt a resolution allocating Park Maintenance Costs among the Parcels pursuaOt to ~Sections 8 and 9 above or the City's hilure to send the notice described in Section 11 above does not constitute the City's waiver or release of a Parcel owner's obligation to pay its All°eared ShOe of Parking Maintenance Costs, and in the absence of an approved budget, a resolution atloCating Park Maintenance Costs among the Parcels or an 1713529v5