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2. DEFINITION OF TERMS — Capitalized terms as used herein shall have the definition attributed to
<br />them herein, Capitalized terms used herein that do not have a stated definition herein shall have that
<br />definition assigned to them in the WSCA.
<br />3. AMENDMENTS TO WSCA
<br />A. Article 3 of the WSCA is hereby deleted, and replaced by the following Article 3:
<br />ARTICLE 3
<br />21st REIMBURSEMENT
<br />3.01 .21st Reimbursement The parties acknowledge that as of the date hereof, the City has partially
<br />reimbursed Oakwood for the Oakwood Contribution in the total amount of $ 502,204.00, through credits
<br />given in the respective Brookfield development agreements, In addition, Oakwood assigned some
<br />credits to Sweetbay Land Company, a Minnesota corporation, and an Oakwood related company,
<br />Sweetbay Land Company was given Trunk Fee credit for $208,216.00 in the Sweetbay Ridge/City of
<br />Ramsey development agreement for Sweetbay Ridge Addition. The total amount reimbursed for the
<br />Oakwood Contribution to date is therefore $710,420.00. The amount remaining to be reimbursed to
<br />Oakwood is therefore $5,289,580.00. Oakwood has assigned its rights to the Oakwood Lots
<br />Reimbursement to 21 st
<br />Future lots platted from outlots or other lots in Brookfield First, Second and or Third Addition
<br />will pay no Trunk Fees for each lot platted, the amount of the Oakwood Contribution deemed reduced
<br />by the Trunk Fee credit will be $3,062 per lot ($1,925 for the Water Trunk Fee and $1,137,00 for sewer
<br />Trunk Fee). In addition, 21st is entitled to up to 91 additional water Trunk Fee credits from the current
<br />unplatted lots in Sweetbay Ridge, and up to 60 additional water Trunk Fee credits from the current
<br />unplatted lots in Harmony Farms, pursuant to Section 3,01 of the WSCA. The City shall charge the
<br />ultimate developer of the remaining unplatted lands in Sweetbay Ridge (91 lots) and Harmony Farms
<br />(60 lots) the full Trunk Fees, and remit the Water Trunk Fees to 21st at the address noted in Article 5
<br />Section 07 in satisfaction of the credits owed to 21st for those two developments. The City will retain
<br />the sanitary sewer trunk fees for said lots, Except for the remaining unplatted area of Brookfield (as
<br />represented by platted developable outlots), City will also retain the right to all future sanity sewer trunk
<br />fees of any kind or nature,
<br />3.02 Additional 21st Reimbursement For each lot (new or existing) connected to city water within the
<br />Northwest Service Area, Northeast Service Area (outside of Brookfield or parts thereof,) or within the
<br />Additional Oakwood Reimbursement Area, and outside of Sweetbay Ridge and Harmony Farms, 21s'
<br />will receive from the City the Water Trunk Fee, payable at the time the hookup of a lot occurs, and in
<br />the manner provided by Article 5, Section 5,01. If the City increases the Water Trunk Fee, then this
<br />per/lot amount will increase by a like amount. The Water Trunk Fee reimbursement will continue until
<br />the total amount of the Oakwood Contribution credited by City to date ($710,420.00) plus the total
<br />amount received or credited or paid from new lots created from outlots or other lots in Brookfield or
<br />current unplatted lots in Sweetbay Ridge or Harmony Farms plus the total amount received from all
<br />other lots platted or hooking up to city water in the Northwest, Northeast Service Areaand the
<br />Additional Oakwood Reimbursement Area ($1,925,00 per hookup -or as increased) totals six million
<br />dollars ($6,000,000.00), or until December 31, 2026, whichever comes first,
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