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2022-04-05 Assessment Agreement with SchererLl Doc. No. A1503641 RETURN TO: CHB Title 10850 Old Plymouth, LLC County Rd MN 55441 15 # 100 This document drafted by: OFFICE OF THE COUNTY RECORDER ARIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on April 08, 2022 3:45 PM Fee: $46.00 Tanya West, County Recorder ASSESSMENT AGREEMENT BY AND BETWEEN CITY OF ALBERTVILLE, MINNESOTA IMA z10J SCHERER LIMITED PARTNERSHIP TAFT STETTINIUS & HOLLISTER LLP 2200 IDS Center 80 South 8th Street Minneapolis, Minnesota 55402 j&';a C? C'q-) X 732079580 I ASSESSMENT AGREEMENT THIS AGREEMENT, dated as of this 1 st day of April, 2022, is by and among the City of Albertville, Minnesota (the "City"), and Scherer Limited Partnership, a Minnesota limited partnership (the "Developer"), and the Wright County Assessor (the "Assessor"). WITNES SETH WHEREAS, the City and the Developer have entered into a Development Agreement dated as of April 1, 2022 (the "Development Agreement") regarding certain real property located in the City (the "Development Property") which property is legally described on Exhibit A attached hereto and made a part hereof. WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will construct a Project on the Development Property as described in the Development Agreement. WHEREAS, the City and Developer desire to establish a minimum market value for the Development Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8. WHEREAS, the Developer has acquired the Development Property. WHEREAS, the Assessor has reviewed the plans and specifications for the improvements and the market value previously assigned to the land upon which the improvements are to be constructed, and that the "minimum market value" as set forth below is reasonable. NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 2023 through and thereafter until December 1, 2032 the minimum market value which shall be assessed for the Project shall be not less than $5,100,000. 2. The minimum market value herein established shall be of no further force and effect and this Agreement shall terminate on the earlier of: (i) December 31, 2032; or (ii) the date of termination of the Development Agreement. 3. This Agreement shall be recorded by the City with the County Recorder of Wright County, Minnesota. The Developer shall pay all costs of recording. 4. Neither the preamble nor provisions of this Agreement are intended to, or shall they be construed as, modifying the terms of the Agreement between the City and the Developer. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the City, the Developer and the Assessor have caused this Agreement to be executed in their names and on their behalf all as of the date set forth above. 73207958vl 0 IN WITNESS WHEREOF, the City, the Developer and the Assessor have caused this Agreement to be executed in their names and on their behalf all as of the date set forth above. CITY OF ALBERTVILLE, MINNESOTA (SEAL) m STATE OF MINNESOTA ) ss COUNTY OF WRIGHT ) The foreg oin instrument was acknowledged before me this day of g 20229 byYeAjo,# the Mayor, and , the City Administrator of the City of Albertville on behalf o said City. MICHAEL C COURI M6 Ili � Notary Public, State of Minnesota My Commission Expires January 31, 2025 Notary Public "'Cc Signature page for Assessment Agreement by and between the City of Albertville, Minnesota, Scherer Limited Partnership, and the Wright County Assessor. 0 STATE OF MINNESOTA ss. cotnvTY of �nnepi lv SCHERER LIMITED PARTNERSHIP By S. B. General Partner, Inc., its partner general The foregoing instrument was acknowledged before me this �A day of AM-1 , 2022, by Peter L. Scherer , the President of* of Scherer Limited Partnership, a Minnesota limited partnership, on behalf of said limited partnership. %�S.B. General Partner, Inc., a Minnesota corporation, the general partner Notary Public GALE E. LARSON Notary Public -Minnesota MY Commission Expires Jan 31, 202s Signature page for Assessment Agreement by and between the City of Albertville, Minnesota, Scherer Limited Partnership, and the Wright County Assessor. K 73207958v1 u CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the plans and specifications for the. improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market values assigned to such land and improvements are reasonable. for Wright County STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) 's instrument was acknowledged before me on 2022 b �Z- klF < kv M -50 the County Assessor of Wright County. TANYA LYN WEST NOTARY PUBLIC4MNEWTA My CM ,tan. Ot . Not 'c 0 Signature page for Assessment Agreement by and between the City of Albertville, Minnesota, Scherer Limited Partnership, and the Wright County Assessor. El 73207958A j d EXHIBIT A TO ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Lot 1, Block 1, Scherer Limited Partnership Addition, Wright County, Minnesota 75694092 Q A-1 73207958vl