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2018-08-13 SAC & WAC Assessment Agreement ASSESSMENT AGREEMENT SAC AND WAC CHARGES BETWEEN MARCUS STAR LLC AND CITY OF ALBERTVILLE WHEREAS, the City of Albcrtville ("City") rcquires payment of se�ver access charges ("SAC") and water acccss charges ("WAC") at the timc; building pei7nits arc applicd for; and '' WHEREAS, Marcus Star LLC ("Owner") has applicd for a building pennit on property des�ribed as Lot 003; Block 001, The Shoppes at Towne Lakes One, according to the plat of record c�n file in the ot'fice of�the County Recorder, Wrigllt County, Miiinesota("Property") to remodel retail space into a daycare l:acility; and WHEREAS, Owner has rcquested that the City spccial asscss the City's portion of thc S�C and WAC charges that are duc as a result of the application for a building penliit for thc Property; NOW, THEREFORE, thc City and Owner agree as follo���s: 1. I'he applicable SAC and C'ity portion of Yhe WAC fees for the building expansioil are $36,478.00 and $7,533.00, respectively, and the Joint �'o���ers WAC is $15,868.U0. �. The City shall special assess the SAC and City� portion oi�t�l7e WAC (totaling $4�,01 1.00) against the Property over a 5 year period at an i�iterest rat� of 6%. 3. Ow�ner shall promptly pay said special assessmetits as they cc�me due witl� the property taxes. 4. The Owner shall pay the Joint Power"s WAC fces to the City prior to tl�e issuance of the bLiilding�eririit for construction of the daycare faciliry. 5. Owner��-aives its right to a public hearing pursuant to Minn. Stat. �429.061 and l�ereby directs the City Cou�icil to cet•tify the special assessinent to tl�e County Auditor. G. Owncr waivcs its right to appeal said spccial assessment to the District Court I pursuant to Minn. Stat.� 429.081 or pursuant to any other legal authority or legal theory and waives any procedural irre�ularitics in the assessment process. 7. O��vncr shall pay the City's costs and expenscs (including attorney's fccs) in the event it violates this agreement. OWNER CITY OF ALBERTVILLE � � - . By: g Jill n Hendrickson Its: C -.,/ I C�� � ✓t '�-''" Its: 'l�f �'je/ h c� �a r c�,.ty S7�"r�' � -�C Dated: �c-/ ��� ���� ^ By: ./� � f'( Kimberly A. H ena Its: [_� r�1 �/�dlt Dated: �(J 4•� lD,. �G� �