Loading...
Recorded Special Assessment Agreement park dedication Roers Bennett001Document Number: A781244 Filed and/or Recorded on Jan 2, 2025 10:34 AM Offlce of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy RR/NV Document Recording Fees $ 46.00 Document fotal $ 46.00 Requesting Party: Guaranty Commercial Title Inc Pages: 4 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this LZ <Iay of J U LY ,2024,by and between the CITY OF CHANIIASSEN, a Minnesota municipal corporation ("City") and Roers Chanhassen Bennett Apartrnents Owner LLC, a Minnesota limited liability company (the "Property Owner',). RECITALS A. Property Owner is the fee owner of certain Foperty in the City of Chanhassen Carver County, Minnesota, Iegally described as: Lot I, Block 1, Chanhassen Market Street Additio,n (the "Subject Property") Street address and parcel number to be assigned at a later date. B. Property Owner has requested that the City specially assess park dedicatron fees of 5702,601.34 against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR NIUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SPECIAL ASSESSMENT, The City hereby assesses the cost of park dedication fees totaling $702,601.34 against the Subject Prope(y. The assessment shall be spread over two (2) years, together with six and one half percent (6.50%) interest per year on the unpaid balance. Interest shall accrue from the date of the approval of this Agreement by the City Council. The first installment shall be due and payable with ta-xes in 2025. The Property owner waives any and all procedural and substantive objections to the special assessment, including but not limited to hearing requironents and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pusuant to Mirur. Stat. $ 429.081. If the special assessment is not timely paid or is set aside for any reason, then, instead of palng the special assessment, the Property Owner shall pay the City on demand an amount equivalort to the unpaid special assessment together with any legal fees the City may incur. 2. BINDING EFFECT; RECOR-DING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors, heirs and assigns. This Agreernent may be recorded against the title to the Subject Property. Return to: Guaranty Commercial Iille, lnc. 465 Nlcollel Mall, Sutte 230 Minneapolis, MN 5540i }ul\x/,u-/orw.I (StrAt.) BY: CITY OF CHANHASSEN Elise Ryan, Mayor AND A/VruW,Xqwk\ STATE OF MINNESOTA COL]NTY OF CARVER The foregorng instrument was acknowledged before me this [3 auv of D11S_rybt ,2024,by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ) (ss ) Laune Hokkanen, City Manager (1,^4,,4ad+nwn N UBLICAMY K. WEIDMAN Notary Public-Minnesota My Commission Explros Jan 31' 2027 2 ,J.". STATE OFMINNESOTA DRAFTED BY: CAMPBELL K.NTJrSON P rofess ional Ass oc iation 3 I 7 Eagandale Offic€ Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (6 1 2) 452-5000 PROPERTYOWNER: Roers Chanhassen AparEnents Owner LLC By: Tom Authorized Signatory NOTARY ) ( ) SS couNrYoF Hsnmfln The foregoing instrument was acknowledged before me thi s &Ob aay of )et cr*@f 2024, by Tom Cronin the Authorized Sipatory of Roers Chanhassen Bennett Aparhnents Owner LLC, a Delaware limited liability company, on behalf of the company, the Property Owner. 3 OLIVIA PROPP . -I{OTARY PU8UC. IXIIESOI^ ^{y tio.r.rniam gpirs Jat fi. Z!28 233589v1 rur?-P/no PI"BLI/