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St Albans Bay Road 5350RECEIVED FEB 0 9 2021 CITY OF SHOREWOOD ASSESSMENT AGREEMENT THIS AGREEMENT is made this _ day of RGrva r r , 20_, by and between the City of Shorewood (SHOREWOOD), a municipal corporation organized under the laws of the State of Minnesota, located at 5755 Country Club Road, Shorewood, MN 55331 and MN Eco-Homes, LLC, Joseph C. Houghton, 500 Far Hill Road, Wayzata, MN 55391-1003 (OWNER). RECITALS WHEREAS, the OWNER is the owner of The Real Property located a 350 St. Albans Bay Road Property ID Number: 25-117-23-33-0006 WHEREAS, the OWNER desires to connect to the municipal water supply; and, WHEREAS, the present Water Access Charge is $10,000, AGREEMENT NOW THEREFORE, pursuant to the mutual agreements provided herein, it is agreed by and between the CITY and the OWNER as follows: 1. The OWNER represents and warrant that they are the OWNER of the PROPERTY and that they have full legal authority to encumber the PROPERTY and that as of the date of the execution of this agreement, the OWNER has fee title to the Property subject only to the liens, interests or encumbrances of record. 2. The OWNER understands and r s s v~I-evy the Water Access Charge assessed against the PROPERTY in the amount 10,000. 3. The OWNER understands an agrees that SHOREWOOD will provide that the assessment is payable in ten (10) annual ' r and will bear an interest rate of zero (0) percent per_ annum. Said assessments shall begin with taxes paid in 2022 and collected with the ad valorem taxes at the times due as determined by Hennepin County. 4. The OWNER agrees that the covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the OWNER and shall encumber the PROPERTY in accordance with the agreements described herein. 5. The OWNER hereby waives notice of public hearing and waives the public hearing required by Minnesota Statutes §429.031 with respect to the assessment. 6. The OWNER waives their rights in all respects, pursuant to Minnesota Statutes §429.081, to appeal to district court, the levy of the water assessment charge described herein. 7. The parties agree that this Agreement shall be recorded with the Hennepin County Recorder. OWNER By:. Date Sq I L ✓wgea� /rl.'✓« r.S rrE+. Ec A Ha .er L C C CITY OF SHOREWOOD By: By: STATE OF MINNESOTA ) SS: COUNTY OF HENNEPIN ) Date: Z • /$ - Zo 2 / Date: 2A 9 '?o 2- The foregoing ASSESSMENT AGREEMENT dated aL�`�! was sworn and subscribed before me in person this 5 day of 20tz1 by ' 1,1NCY OTTEEN r Notary Public date of Min -� 1 �esota Corpmission Expires Duaryy31, -. 2025 V Notary Public STATE OF MINNESOTA ) SS: COUNTY OF HENNEPIN ) The foregoing ASSESSMENT AGREEMENT dated IGk '� , '�-c 02/ was sworn and subscribed before mein person this day of b AtA2g , 2q.;Ay Jennifer Labadie, Mayor, and by Greg Lerud, City Administrator of the City of Shorewood Minnesota Municipal Corporation), who are personally known to me, on behalf of the Corporation and pursuant to the authority of the City Council. Notary Public BRENDA K PRICCO ����` Notary Public .1• �F Minnesota ''� My Commission Expires Jan 31, 2025 DRAFTED BY: Greg Lerud City Administrator City of Shorewood