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,