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Home My WebLink AboutBanquet Facility Agreement 3/21/2011 Doc. No. A 881800 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 06 -08 -2011 at 02:20 Recpt: 000000 James L. Hentges, County Recorder 04 Fee: $ 46.00 (Reserved for Recording Purposes) PAYMENT AGREEMENT THIS AGREEMENT, made and entered into this 20 day of March, 2011, by and between Le Management Properties LLC, a Minnesota limited liability corporation, hereinafter referred to as the "Owner" and the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". RECITALS: A. The Owner proposes to create an assembly/banquet facility in the existing building located at 4770 Pleasant Street SE, and legally described as: Lot 3, Block 1, LANGHORST 1 ADDITION, except the northeasterly 76.61 feet, thereof. (P144-#2444.7111:03-0) 141 •0 B. The assembly/banquet facility ( "Facility ") is a change in use from the previous retail use of that portion of the property not occupied and operated as Fong's Restaurant. C. The Metropolitan Council Environmental Services (MCES) Division has determined the change in use from retail to assembly/banquet will require 14 additional Sewer Availability Charge (SAC) Units. D. City Code Sections 704.500 and 705.600 allows a property owner to make payments of City permit fees over a period of three (3) years. E. In order to facilitate the redevelopment of existing commercial structures, the City finds it appropriate to allow payment of City fees over a three (3) year period. NOW, THEREFORE, IT IS HEREBY AGREED: 1. Recitals. The recitals set forth above are incorporated herein as if fully set forth. 1 2. Fees. The Owner is responsible for the following fees based on the 2011 City Fee Schedule: a. City Fees. City Sewer Connection (SAC): $600.00 /SAC Unit x 14 units = $8,400.00 City Water Connection (WAC): $900.00 /SAC Unit x 14 units = $12,600.00 Tower Charge: $1,000.00 /SAC Unit x 14 units = $14,000.00 b. MCES SAC. In addition to the City fees set out above, the Owner is responsible for all SAC fees as determined by Metropolitan Council Environmental Services ( "MCES ") at a rate of $2,230.00 per SAC Unit x 14 units = $31,220.00 c. Total Fees: The total fees for the purposes of this Agreement are: City Sewer Connection (SAC): $ 8,400.00 City Water Connection (WAC): $12,600.00 Tower Charge: $14,000.00 MCES SAC: $31,220.00 TOTAL $66,220.00 3. Payment of Fees Required. All fees set forth in Paragraph 2 shall be paid by the Owner to the City according to the following schedule: a. Payment due with permit: $31,220.00 b. Payment certified to 2012 taxes: $11,666.67 + 8% interest on unpaid principal balance c. Payment certified to 2013 taxes: $11,666.67 + 8% interest on unpaid principal balance d. Payment certified to 2014 taxes: $11,666.66 + 8% interest on unpaid principal balance e. Interest begins accruing the date the agreement is approved by the City Council. f. Upon sale or transfer of ownership of the property identified in Recital A on which the fees are certified, any remaining balance (including interest) will be due and payable to the City. 4. Recalculation of SAC Units by MCES. In the event the MCES determines the assembly/banquet facility requires more than fourteen (14) SAC units, Owner agrees, within thirty (30) days notice of said recalculation, to remit the additional fee to the City. If Owner fails to remit payment for the additional SAC units, the amount owed for said units 2 shall be certified for payment in the next tax year, plus 8% interest on unpaid principal. Notwithstanding the waiver of public hearing and assessment provision provided for in paragraph 5 below, Owner does not waive the right to appeal the assessment of any additional SAC units above the fourteen (14) herein determined and agreed to by the MCES. Upon sale or transfer of ownership of the property identified in Recital A on which these fees are certified, any remaining balance (including interest) will be due and payable to the City. 5. Waiver of Right to Public Hearing. As per City Codes Sections 704.500 and 705.600, in seeking the benefit of this schedule, the Owner, by executing this Agreement, affirmatively waives the right to any public hearing or appeal of the assessment. 6. Notice. Notice provided under this Agreement shall be in writing, signed by the officers signatory to this Agreement or their successors and shall be sent by Certified Mail, Return Receipt Requested, to the Parties at the following addresses: a. To the Owner: Le Management Properties 4487 Hickory Hills Trail Prior Lake, MN 55372 b. To the City: City of Prior Lake 4646 Dakota Street Prior Lake, MN 55372 Attn. City Manager 7. Hold Harmless and Indemnification. The Owner hereby indemnifies and holds harmless the City from any and all causes of action or claims arising out of or in connection with this agreement. The Owner further agrees to indemnify the City against, and hold harmless from those claims, liabilities, demands, damages, costs and expenses arising out of negligent or willful actions by the Owner or employees which result penalties imposed against the City, whether by federal, state or local governmental units, for violations of permits which are required for the City or the Metropolitan Council. 8. Jurisdiction. This Agreement shall be governed by the laws of the State of Minnesota. The appropriate judicial forum for any dispute between the parties is shall be a venue in Scott County. 9. Successors and Assigns. The rights, privileges and obligations of the Parties under this Agreement are intended to, and shall remain in full force and effect and shall bind any 3 successor or assign to which the authorities and obligations of the Parties may be assigned by law. 10. Effective Date. The Agreement shall be effective upon all of the following having taken place: (a) this Agreement having been approved by Resolution of the City Council and (b) this Agreement having been signed by all of the officers designated as signatories below. 11. Material Provision. Unless otherwise specifically provided within a specific paragraph of this Agreement, every term provision, covenant and provision shall be construed as a "material provision ". 12. Recording. This Agreement shall be recorded against the property where the Facility is located. IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF PRIOR LAKE (SEAL) Mike Myser, ay , r Fran • : oyle: / . nager 3 i 0-(. 1 1( Date Date OWNER f ` > t / fig /C) l 7 1 ( 3 zi /1 Date Date iWd�D4vaY1•,Nt'NkroP,. I+- RV{yYW.'H'✓ GOLDNICK f A % '1 r i1RLIC- MINNESOTA ,blL? , . was Jan. 31, 2(!14 4 STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this A ' 4 day of Nee k , 2011, by Mike Myser, Mayor of the City of Prior Lake, Minnesota, and Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal corporation on behalf of the corporation. 4' ,� CHARLOTTE R. GREEN i L � / `` � / \-,,,;,, NOTARY PUBLIC - MINNESOTA ti '+�`My Commission Expires Jan. 31, 2015 � Not �' Public 1 yy y STATE OF MINNESOTA ) Scla—U ) ss. COUNTY OF _ ) The foregoing instrument was acknowledged before me this 2 ( day of , 2011, by 7r u a Le CL c v , by and . n behal , of itself. et, P ilic t " ''- ",' , L∎ r l A 3OLDMICK i . NOTARY PUBLIC- MINNESOTA ,. €, ' ,j My i;y.nmission Expires Jan. 31, 2014 4 ., THIS INSTRUMENT WAS DRAFTED BY: The City of Prior Lake A..yr., L, hd a. k N c, 4646 Dakota Street SE Prior Lake, MN 55372 5 Jane Kansier From: Doug Hartman Sent: Tuesday, June 21, 2011 10:54 AM To: Frank Boyles; Jane Kansier; Bob Hutchins Subject: Fongs Fire Alarm System FYI I spoke with Leo Lee this morning and he informed me he has been in the process of obtaining quotes to replace the alarm monitoring equipment in the restaurant. I asked him for a timeframe to complete the work and he stated he needs two weeks. I indicated to him that because of his personal schedule I have not been able to make contact with him until today emphasizing this needs to be completed. I asked him to follow up with me by providing a copy of an invoice/ receipt for the completed work and monitoring. I will check back with him in two weeks if I do not here back from him. Doug Hartman Fire Chief City of Prior Lake 1