2018-08-13 Assessment Agreement ASSESSMENT AGREEMENT
SAC AND WAC CHARGES
BETWEEN
MARCUS STAR LLC AND CITY OF ALBERTVILLE
WHEREAS,the City of Albertville ("City") requires payment of sewer access
charges ("SAC") and water access charges ("WAC") at the time building permits are
applied for; and
WHEREAS, Marcus Star LLC ("Owner")has applied for a building permit on
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property described as Lot 003; Block 001, The Shoppes at Towne Lakes One, according
to the plat of record on file in the office of the County Recorder, Wright County,
Minnesota ("Property") to remodel retail space into a daycare facility; and
WHEREAS, Owner has requested that the City special assess the City's portion of
the SAC and WAC charges that are due as a result of the application for a building permit
for the Property;
NOW, THEREFORE,the City and Owner agree as follows:
1. The applicable SAC and City portion of the WAC fees for the building
expansion are $36,478.00 and $7,533.00, respectively, and the Joint Powers
WAC is $15,868.00.
2. The City shall special assess the SAC and City portion of the WAC (totaling
$44,011.00) against the Property over a 5 year period at an interest rate of 6%.
3. Owner shall promptly pay said special assessments as they come due with
the property taxes.
4. The Owner shall pay the Joint Power's WAC fees to the City prior to the issuance
of the building permit for construction of the daycare facility.
5. Owner waives its right to a public hearing pursuant to Minn. Stat. §429.061
and hereby directs the City Council to certify the special assessment to the
County Auditor.
6. Owner waives its right to appeal said special assessment to the District Court
pursuant to Minn. Stat.§ 429.081 or pursuant to any other legal authority or
legal theory and waives any procedural irregularities in the assessment process.
7. Owner shall pay the City's costs and expenses (including attorney's fees) in the
event it violates this agreement.
OWNER CITY OF ALBERTVILLE
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Jill n Hendrickson
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Kimberly A. Ho ena
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