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St Albans Bay Road 5350 - PAID-10-12-2021RECEIVED FEB 0 9 2021 CITY OF SHOREWOOO ASSESSMENT AGREEMENT THIS AGREEMENT is made this _ day of rv-Grv.,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 understandra—ggre—es vy the Water Access Charge assessed against the PROPERTY in the amoun 3. The OWNER understandhat SHOREWOOD will provide that the assessment is payable in ten (10) annua 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: /S'/Aa ? S'oct, ---- m,"^neyar4� Ec,, Jlo . ,tf L( CITY OF SHOREWOOD By: e' �ts By: J4 Its _l�yt� rtis � STATE OF MINNESOTA ) SS: COUNTY OF HENNEPIN ) Date: 2 ' /1 —202 1 Date: 2�i �S . eo2_ The foregoing ASSESSMENT AGREEMENT dated aLt)yav l was sworn and subscribed before me in person this 5 day of 0 , 20`J by ATM f /'LC _ *"> t.._[-. JANCY p E`L Notary Public =gate of Minnesota Commission Expires Notary Public -�..__—,an uary3l, 2025 STATE OF MINNESOTA ) SS: COUNTY OF HENNEPIN ) The foregoing ASSESSMENT AGREEMENT dated )fi , ;., 'Io ca-/ was sworn and subscribed before me in person this 4 day of , 2q,2/by Jennifer Labadie, Mayor, and by Greg Lerud, City Administrator of the City of Shorewood J 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 Minnesota My Commission Expires Jan 31, 2025 DRAFTED BY: Greg Lerud City Administrator City of Shorewood