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Resolution"), the City imposed a housing improvement fee for the Housing Improvement Area; and <br />WHEREAS, this resolution is intended to supersede the Prior Fee Resolution in all respects. <br />NOW, THEREFORE, BE IT RESOLVED, by the City Council of Roseville, Minnesota, <br />as follows: <br />1. The City hereby imposes a fee on each housing unit within the Housing <br />Improvement Area (the "Housing Improvement Fee"), as specified in Attachment A attached <br />hereto, which Housing Improvement Fee is imposed on the basis of the cost allocation described in <br />the Association's Second Amended Declaration for Common Interest Community No. 727 dated <br />Apri125, 2008. <br />2. The owner of any housing unit against which the Housing Improvement Fee is <br />imposed may, at any time before the effective date of this Resolution, pay all or a portion of the total <br />Housing Improvement Fee imposed against such housing unit as specified in Attachment A hereto <br />to the City Treasurer, without interest thereon; provided that if only a portion is prepaid the <br />prepayment amount must be at least 25% of the total fee for that unit. Any Housing Improvement <br />Fee (or a portion thereof) not prepaid in accordance with this Section or Section 3(a), below, shall <br />be payable solely in accordance with Section 4 hereof, and may not be prepaid in whole or in part. <br />3. If, prior to the date of approval of this Resolution, the owner of any unit in the <br />Housing Improvement Area prepaid the fee imposed under the Prior Fee Resolution, such owner <br />must, by the effective date of this resolution, file a written notice with the City Clerk indicating that <br />the owner elects one of the following two options: <br />(a) The owner ratifies its decision to prepay the Housing Improvement Fee, in which event <br />the City will retain the amount of the prior prepayment and treat such amount as a prepayment <br />under Section 2 of this Resolution. If this option is selected, the City will refund to the owner the <br />interest accrued on the amount of the owner's prepayment at the rate of 4.5% accrued from the date <br />of prepayment through June 8, 2009. Such refund will be paid to the owner promptly after the <br />effective date of this Resolution. <br />(b) The owner withdraws its prior prepayment, in which event the City will return to the <br />owner the amount of the prior prepayment together with interest accrued on such amount at the rate <br />of 4.5% accrued from the date of prepayment through. June 8, 2009. Such refund will be paid to the <br />owner promptly after the effective date of this Resolution. <br />If an owner who previously prepaid does not timely file a written notice electing either option (a) or <br />(b) above, the City will treat the prepayment as being ratified, and the City will retain that amount as <br />a prepayment under this Resolution; provided that in such event, the City will not refund interest to <br />the owner as described in paragraph (a) of this Section. <br />Furthermore, notwithstanding anything to the contrary herein, if this Resolution does not become <br />effective because of a veto by unit owners in accordance with Minnesota Statutes, Section 428A.18, <br />2 <br />