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Res 2017-41 Escrow Agreement - W. Dahl RESOLUTION NO. 2017 - 41 RESOLUTION APPROVING AND RATIFYING THE ESCROW AGREEMENT FOR PARCEL NO. 12-30-24-21-0002, AMENDING THE DEFERRED ASSESSMENT PLACED ON PARCEL ID. NO. 12-30-24-21-0002, UNDER THE 1986-1 STREET IMPROVEMENT PROJECT AND IDENTIFYING THE SUM OWED AS $44,080.59, AND DIRECTING THE CITY CLERK TO EFFECTUATE COLLECTION OF DEFERRED ASSESSMENT FROM ESCROW FUNDS WITH THE ESCROW AGENT WHEREAS, Wayne E. Dahl (the “Landowner”), until very recently, owned the real and improved property located at 7699 Viron Rd NE in Fridley (the “Property”); and WHEREAS, there exists a deferred assessment against the Property; and WHEREAS, the deferred assessment and its accrued interest presented impediments to the sale, closing, and improvement of the Property; and WHEREAS, to permit transfer of title and closing on the Property, as well as subsequent improvement of the Property while preserving the City’s rights with respect to obtaining payment of the deferred assessment, the City Manager executed an Escrow Agreement, a copy of which is attached hereto as Exhibit A (the “Escrow Agreement”); and WHEREAS, the City Council approves and ratifies the Escrow Agreement executed by the City Manager relating to the escrow of funds for the closing on the Property; and WHEREAS, in 1987 the Landowner requested and Council approved a deferral of special assessments related to street improvements performed and certified against the Property in 1986; and WHEREAS, the City has reviewed the deferral (Resolution 36-1987) attached hereto as Exhibit B, and, in an effort to expedite the sale and improvement of the Property, the City desires to amend the original deferral; specifically the calculation of accrued interest; and WHEREAS, the City understands that amending the accrued interest to a term consistent with the other property included in the assessment is in the best interest of the City and Landowner; for the improvement of the Property and WHEREAS, the amendment to the original deferral placed on the Property will now accrue interest through 12/31/1996 and not until the property is sold, re-platted, or has new development in excess of 3,600 square feet as previously agreed; and WHEREAS, the total amended deferred assessment including accrued interest is $44,080.59 and is identified as the sum of the Escrow Amount requiring payment pursuant to Section 3.3(a) of the Escrow Agreement to the Escrow Agent. Resolution No. 2017 - 41 Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that 1.The amendment to the original deferred assessment place on Parcel No. 12-30-24-21-0002, under the 1986-1 Street Improvement Project, with accrual of interest through 12/31/1996 in the amount of $44,080.59 and not until the property is sold, re-platted, or has new development in excess of 3,600 square feet as previously agreed is hereby approved. 2.The sum of the Escrow Amount that the City has determined as being due and owing on the City Claim pursuant to Section 3.3(a) of the Escrow Agreement is $44,080.59. 3.The Escrow Agreement executed by the City Manager with respect to the closing on the Property is hereby approved and ratified. 4.The City Clerk is hereby directed to contemporaneously: a.Send a certified copy of this Resolution pursuant to Section 3.3(a) of the Escrow Agreement prior to September 1, 2017 to the Escrow Agent at the address set forth in the Escrow Agreement, Section 3.9 to collect $44,080.59 from the Escrow Amount; and Send the Landowner, at the address set forth in Section 3.9 of the Escrow Agreement, b. notice of the transmittal of the certified copy of this Resolution to the Escrow Agent. PASSED AND ADOPTED BY THE CITY OF COUNCIL OF THE CITY OF FRIDLEY TH THIS 28 DAY OF AUGUST, 2017. ____________________________________ SCOTT J. LUND - MAYOR ATTEST: __________________________________ DEBRA A. SKOGEN – CITY CLERK