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6351 Argenta Tr W - Amendment to Assessment AgreementAMENDMENT TO ASSESSMENT AGREEMENT This Amendment to Assessment Agreement ("Amendment") is made and entered into this j j day of September 2012, by and between Cole Enterprises, Inc., a Minnesota corporation (hereinafter the "Landowner"), and the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"). Landowner and City are hereinafter collectively referred to as the "Parties." WHEREAS, the Parties entered into that certain Assessment Agreement ("Agreement") dated October 4, 2011, and recorded with the Dakota County Recorder on October 18, 2011, as Document No. 2825284, pertaining to property located within the City of Eagan, County of Dakota, State of Minnesota legally described as the Southeast Quarter of the Northeast Quarter of Section 1, Township 27, Range 23, Dakota County, Minnesota, except the South 600.00 feet of the East 600.00 fee thereof (hereinafter the "Property"); and WHEREAS, in connection with the Agreement, the City identified certain special assessments that it intended to levy against the Property for the special benefits that it will receive as a result of the improvements contemplated under the Project described in the Agreement; and WHEREAS, the Agreement contemplated a credit against the Immediate Assessment identified in the Agreement; and WHEREAS, the amount of the Immediate Assessment to be levied against the Property is less than the credit to be provided against the Immediate Assessment on the Agreement; and WHEREAS, the Parties agree that the balance of the credit shall be given to the Deferred Assessment identified in the Agreement all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. APPLICATION OF CREDIT. The following is the amount of the assessments that are to be levied against the Property in connection with the Project and the corresponding credit as contemplated by the Agreement. Assessment Assessment Credits Outstanding Amount Commercial Street & Drainage $290,248.35 $290,248.35 0 Lateral Sanitary Sewer $ 31,663.50 $ 16,059.88 $ 15,603.62 Lateral Water Main $ 40,278.80 $ 20,439.85 $ 19,838.95 Trunk Storm Sewer $218,836.73 $109,499.21 $109,337.52 Lateral Storm Sewer $ 48,752.70 $ 48,752.70 0 TOTAL: $629,780.08 $484,999.99 $144,780.09 2. TREATMENT As DEFERRED ASSESSMENTS. The outstanding Assessments identified above consisting of lateral sanitary sewer ($15,603.62); lateral water main ($19,838.95); and trunk storm sewer ($109,337.52) shall not be assessed against the Property and instead shall be deferred and shall be paid as a connection charge at the then prevailing rate using 498 front feet to calculate the lateral sanitary sewer; using 497 front feet to calculate the lateral water main; and using 607,431 square feet to calculate the trunk storm sewer area charge. 3. WAIVER. Provided that the City follows the same formula, and uses final Project costs, for levying assessments as set forth in the Feasibility Report for the Project, Landowner hereby accepts the Assessment and hereby waives the right to object or appeal the Assessment pursuant to MINN. STAT. § 429.081 and further waives notice of hearing on this Agreement. The City has furnished Landowner with the estimated project costs and the corresponding formula utilized in the Feasibility Report for the Project. 4. ENTIRE AGREEMENT/BINDING EFFECT. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assigns and shall run with the land. 5. No OTHER MODIFICATIONS. Except as modified above, all other terms of the Agreement remain in full force and effect. STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) COLE ENTERPRISES, INC., a Minnesota corporation By oma%Chi Its: Setr-i-(dl The foregoing instrument was acknowledged before me this /7 day of September 2012, by e Ix s. C oo 2- , the Secre-urq of Cole Enterprises, Inc., a Minnesota corporation, on behalf of the corporation. t 2 Notary Public DAVID L GRANNIS NOTARY PUBLIC - MINSS r A My Commissim Exsims .'•' ^, ' , CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: 1:1 Christina M. Scipioni Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) 1 The foregoing instrument was acknowledged before me this t° day of September 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: 41 ublic Works Department Dated:/V/ Z THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-29069) 3 de. jtwe,443.5ey. Notary khblic CHERYL L STEVENSON ti >,= NOTARY PUB - M SOTA 1 LIC My Commission Exp res Jan. 31, 2017 ti Receipt#: 231166 ABSTRACT FEE $46.00 Return to: DOUGHERTY MOLENDA 7300 WEST 147TH STREET STE 600 APPLE VALLEY, MN 55124 2901673 Recorded on: 10116/2012 09:00:01AM By DMB, Deputy Joel T. Beckman County Recorder Dakota County, MN AMENDMENT TO ASSESSMENT AGREEMENT This Amendment to Assessment Agreement ("Amendment") is made and entered into this / J day of September 2012, by and between Cole Enterprises, Inc., a Minnesota corporation (hereinafter the "Landowner"), and the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"). Landowner and City are hereinafter collectively referred to as the "Parties." WHEREAS, the Parties entered into that certain Assessment Agreement ("Agreement") dated October 4, 2011, and recorded with the Dakota County Recorder on October 18, 2011, as Document No. 2825284, pertaining to property located within the City of Eagan, County of Dakota, State of Minnesota legally described as the Southeast Quarter of the Northeast Quarter of Section 1, Township 27, Range 23, Dakota County, Minnesota, except the South 600.00 feet of the East 600.00 fee thereof (hereinafter the "Property"); and WHEREAS, in connection with the Agreement, the City identified certain special assessments that it intended to levy against the Property for the special benefits that it will receive as a result of the improvements contemplated under the Project described in the Agreement; and WHEREAS, the Agreement contemplated a credit against the Immediate Assessment identified in the Agreement; and WHEREAS, the amount of the immediate Assessment to be ievied against the Property is less than the credit to be provided against the Immediate Assessment on the Agreement; and WHEREAS, the Parties agree that the balance of the credit shall be given to the Deferred Assessment identified in the Agreement all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. APPLICATION OF CREDIT. The following is the amount of the .assessments that are..to be levied against the Property in connection with the Project and the corresponding credit as contemplated by the Agreement. Assessment Assessment Credits Outstanding Amount Commercial Street & Drainage $290,248.35 $290,248.35 0 Lateral Sanitary Sewer $ 31,663.50 $ 16,059.88 $ 15,603.62 Lateral Water Main $ 40,278.80 $ 20,439.85 $ 19,838.95 Trunk Storm Sewer $218,836.73 $109,499.21 $109,337.52 Lateral Storm Sewer $ 48,752.70 $ 48,752.70 0 TOTAL: $629,780.08 $484,999.99 $144,780.09 2. TREATMENT AS DEFERRED ASSESSMENTS. The outstanding Assessments identified above consisting of lateral sanitary sewer ($15,603.62); lateral water main ($19,838.95); and trunk storm sewer ($109,337.52) shall not be assessed against the Property and instead shall be deferred and shall be paid as a connection charge at the then prevailing rate using 498 front feet to calculate the lateral sanitary sewer; using 497 front feet to calculate the lateral water main; and using 607,431 square feet to calculate the trunk storm sewer area charge. 3. WAIVER. Provided that the City follows the same formula, and uses final Project costs, for levying assessments as set forth in the Feasibility Report for the Project, Landowner hereby accepts the Assessment and hereby waives the right to object or appeal the Assessment pursuant to MINN. STAT. § 429.081 and further waives notice of hearing on this Agreement. The City has furnished Landowner with the estimated project costs and the corresponding formula utilized in the Feasibility Report for the Project. 4. ENTIRE AGREEMENT/BINDING EFFECT. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assigns and shall run with the land. 5. No OTHER MODIFICATIONS. Except as modified above, all other terms of the Agreement remain in full force and effect. COLE ENTERPRISES, INC., a Minnesota corporation BY 6.21i4 Its: SQCr.e+ar�/ STA I L OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Li The foregoing instrument was acknowledged before me this /V day of September 2012, by 'FZ.k S. Cole, , the Secret-ar of Cole Enterprises, Inc., a Minnesota corporation, on behalf of the corporation. t Notary Public DAVID L GRANNIS it NOTARY PUBLIC • MINNESOTA z l " - My COmmission Expires Jan. " . 2, i 5 CITY OF EAGAN, a Minnesota municipal corporation By: B STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Mike Maguire Its: Mayor Christina M. Scipioni tis: Clerk The foregoing instrument was acknowledged before me this t% day of September 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary P6blic APPROVED AS TO FORM: City Attorney's Office Dated: ti APPROVED AS TO CONTENT: (t blic Works epartment Dated: THIS INSTRUMENT WAS DRAIF'1ED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-29069) 3 CHERYL L STEVENSON NOTARY PUBLIC - MI ESOTA My Commission Expires Jan. 31, 2r,