2003-03-27 SAC & WACMichael C. Courie
Andrew J. MacArthur
Robert T. Ruppe-
David R. Wendorf
*Also licensed in Illinois
"Also licensed in California
March 27, 2003
COURI & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN55376-0369
(763) 497-1930
(763) 497-2599 (FAQ
couriandnzacarthur@pobox.com
VIA FACSIMILE AND FIRST CLASS MAIL
Jerry Hertel
620 Babcock Blvd. E., Suite C
P.O. Box 110
Delano, MN 55328
Fax: (763) 792-2541
Bob Carlson
10734 Hanson Boulevard
Coon Rapids, MN 55433
Fax: (763) 862-1925
Re: City of Albertville; Stipulation as to SAC and WAC
Dear Gentlemen:
Enclosed please find a proposed "Stipulation as to Sewer and Water Access
Charges and Waiver of Right to Appeal Assessment" for your review and comment. City
staff will provide missing information as to the Lot and Block number for the property
and the City's current bond rate.
Your courtesy and cooperation in this matter is appreciated. Should you have any
questions please do not hesitate to contact this office.
S' cerely,
pb�4
Robert Ruppe
Couri & MacArthur
Enclosure
Cc: City of Albertville
CABobWbatn11@ A@amffe CrMWE Secdd AddKwnUAmer to Developer re SAC nd WAC 9 9.doe
STIPULATION AS TO SEWER AND WATER ACCESS CHARGES
AND WAIVER OF RIGHT TO APPEAL ASSESSMENT
WHEREAS, Albertville 2003, LLC ("Developer") desires to obtain a
building permit for Lot _ Block Albertville Crossings Second Addition for
the construction 'of a restaurant facility; and
WHEREAS, the City of Albertville ("City") normally bases its sanitary
sewer and municipal water access charges based on the Metropolitan Council
formula of one unit of sewer access charge ("SAC') and water access charge
("WAC") per every eight restaurant seats; and
WHEREAS, Developer believes that it will use less water per eight
restaurant seats than is contained in one normal City SAC and WAC unit; and
WHEREAS, the Developer has requested that the City depart from its
normal SAC and WAC charges based on the Developer's assurances that the
Spectator's Restaurant planned for this development will use less water than
normal; and
WHEREAS, the City has agreed to reduce its normal unit of measure for
SAC and WAC charges from eight restaurant seats to 12.5 restaurant seats
provided Developer agrees to the following terms:
NOW, THEREFORE, the City and Developer agree as follows:
1. Developer shall pay the City's SAC and WAC based on ten units (1 unit
per 12.5 restaurant seats, based on 125 seats as represented by Developer).
2. Developer shall pay the City's access charges based on $4,200 per unit for
SAC and $2,000 per unit for WAC as follows:
a. $42,000 for SAC (10 units x $4,200 per unit)
b. $20,000 for WAC (10 units x $2,000 per unit)
3. Developer agrees that the calculations of SAC and WAC charges outlined
above are appropriate and reasonable. Developer further agrees that it shall
not seek from the City a further reduction of the SAC and WAC charges in
the future.
4. Developer shall, prior to issuance of the requested building permit, pay to
the City half of the agreed amount of SAC and WAC in the amount of
$31,000 ($42,000 for SAC + $20,000 for WAC x 50%)
A .,
5. The remaining amount due and owing for SAC and WAC in the amount of
$31,000 ($42,000 for SAC + $20,000 for WAC x 50%) shall be assessed
against Lot Block _ Albertville Crossing Second Addition as recorded
with the Wright County Recorder. Such assessment shall be paid over a
period not to exceed seven years.
6. Developer agrees to pay to the City yearly interest on any unpaid
assessment amount at a interest rate of 1.5% over the City's current bond
rate of
7. Further, it is understood by and between the Developer and the City that the
City shall defer the payment of the assessment for the first two years.
However, Developer agrees that interest shall continue to accrue during the
deferment period.
8. Developer hereby waives any objection to being assessed for the remaining
sewer and water access charges against the above described property in the
amount of $31,000. Developer hereby waives its right of appeal to the
District Court herein, pursuant to Minnesota Statute 429.081.
9. Developer agrees that should Developer change the scope or nature of the use
such that Developer uses water in excess of the equivalent of ten SAC and
WAC units that City reserves the right to charge a supplemental SAC and
WAC fee equal to the amount used in excess of ten SAC and WAC units.
Dated:
CITY OF ALBERTVILLE ALBERTVILLE 2003, LLC
Mayor
City Administrator
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