2009-09 Waiver of Objection to Special Assess. for SAC & WAC
ALBERTVlLLE~TPLACE
AGREEMENT FOR WAIVER OF OBJECTION TO
SPECIAL ASSESSMENT FOR SAC AND WAC CHARGES
WHEREAS, Albertville Marketplace, LLC, a Minnesota Limited Liability Company,
("Developer") the owner of Lot 2, Block 1 of Albertville Marketplace, City of Albertville, Wright
County, Minnesota ("Property") has applied for a building permit for a convenience
store/restaurant; and
WHEREAS, the City's ordinances require that sewer access charges ("SAC") and water access
charges ("W AC") be paid upon construction of a building upon the Property; and
WHEREAS, the Developer has requested that the City special assess its SAC charge and the
portion of its WAC charge that is not due to the Joint Powers Water Board in lieu of collecting such
amounts at the time of building construction; and
WHEREAS, the amount of SAC to be specially assessed is $50,600.00 and the amount of WAC to
be specially assessed is $10,450.00;
NOW, THEREFORE, the City of Albertville and Developer agree as follows:
1. Developer hereby requests the City to special assess $50,600.00 in SAC charges and the
$10,450.00 in WAC charges to the Property.
2. Developer hereby knowingly and voluntarily waives any objection to said assessment levied
against the Property in an amount up to $61,050.00. Specifically, Developer acknowledges
that its Property will be benefited by said assessments in the amount of$61,050.00 in lieu of
paying said amounts immediately as would otherwise be the case. Developer hereby waives
any right to appeal or challenge an assessment in the amount of$61,050.00 pursuant to Minn.
Stat. ~429.081, or any other statutory, common law, or Constitutional provision.
3. The special assessment shall be payable over a period of 3 years and shall bear interest at a rate
of 6.2% per annum.
4. Developer waives its right to published notice of the special assessment hearing, waives two
weeks mailed notice of the special assessment hearing, and waives any procedural irregularities
that may arise in the assessment process.
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5. Developer agrees that should it appeal the special assessments in violation of this Agreement, it
will pay the City's court costs and attorney's fees in defending such an appeal.
6. This Agreement shall be binding upon and extend to the representatives, heirs, successors and
assigns of the parties hereto.
Dated: September , 2009
CITY OF ALBERTVILLE DEVELOPER
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on Klecker
Mayor
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By:
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Bridget MIler
City Clerk
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