2006-07-20 Recorded PUD
J~
CD
Doc. No. A 1022067
RETURN TO:
City of Albertville
PO Box 9
Albertville MN 55301
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
08-17-2006 at 03:00
Check#: 1056 Fee: $ 46.00
Payment Code 02
Add!. Fee
Larry A. Unger, County Recorder
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT
SHOPPES AT TOWN LAKES TWO
THIS AGREEMENT, entered into this O?C\;..,l-\ day of AJ.t .~, 2006 by
and between Albertville Phase II, LLC, referred to herein as ,,~ and the
CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the
attached Exhibit A, which real property is proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is
intended to bear the name "Shoppes at Town Lakes Two" and shall hereinafter be
referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer has received [mal plat approval for 6 lots within Said
Plat as shown on Exhibit F; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning Said Plat and the conditions imposed thereon;
and
WHEREAS, approval of a Planned Unit Development is required to permit
development of Said Plat in the manner proposed by the Developer; and
WHEREAS, the City has given [mal approval of Said Plat contingent upon
compliance with certain City requirements including, but not limited to, matters set
forth herein; and
1
WHEREAS, the City requires that certain public improvements including,
but not limited to sidewalk, grading, sanitary sewer, municipal water, storm sewer
(hereafter "Municipal Improvements") be installed to serve Said Plat and other
properties affected by the development of Developer's land, to be installed and
fmanced by Developer; and
WHEREAS, the City further requires that certain on- and off-site
improvements be installed by the Developer within Said Plat, which improvements
consist of paved private streets, boulevards, trail(s), curb and gutter, top soil and sod,
grading control per lot, bituminous or concrete driveways, parking lots, drainage
swales, berming, street signs, street lights, street cleanup during project development,
erosion control, and other site-related items.
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Planned Unit Development. Said Plat is hereby allowed to be developed as a
Planned Unit Development with flexibility from the strict requirements of the
City's Shoreline Regulations and Zoning Ordinance in relation to selected items
detailed in this paragraph.
A. Buildings. All Buildings shall comply with the following requirements:
1. Building Design. All building designs on Said Plat shall comply
with the City's Zoning Ordinance as amended from time to time,
except where deviations from such requirements are specifically
authorized by this Agreement.
2. Developer agrees that all buildings shall be constructed within the
building envelopes illustrated on the attached Exhibit B. The exact
building placement/design shall be subject to site plan approval by
the City Council except where specifically set out in this
agreement.
3. The B-2A zoning district minimum set backs shall apply to all
buildings in Said Plat, except as follows;
1. For Lot 1, Block 1 a minimum building setback of 20
feet from Linwood Drive and all private streets shall
apply;
2
11. For Lot 2, Block 1 a minimum building setback of 25
feet from County State Aid Highway ("CSAH")
19/LeBeaux Ave. right of way shall apply;
111. For Lot 3, Block 1 a minimum building setback of 25
feet from CSAH19/LeBeaux Ave. right of way shall
apply;
IV. For Lot 4, Block 1 a minimum building setback of 20
feet from Linwood Drive and all private streets shall
apply; and
v. For any of the lots on Said Plat, if a minimum building
setback along one of the private streets has not been
otherwise specified, such minimum setback shall be at
least 20 feet.
4. Developer agrees that no illuminated roofs shall be permitted on
the buildings and no illuminated structures shall be permitted on
the building roofs on Said Plat.
5. Developer agrees that no HV AC equipment shall be located on the
side of any buildings on Said Plat facing Wright County State Aid
Highway No. 19 ("CSAH 19").
6. Developer agrees that all trash enclosures on Said Plat shall
comply with Albertville City Ordinance 1000.15 B. In addition to
those standards set forth in Albertville City Ordinance 1000.15 B,
Developer agrees that any trash enclosure( s) shall be constructed of
substantially the same material and design as the primary building
for which the trash enclosure is associated and shall be at least as
tall as the interior trash receptacle. Developer further agrees that
all trash enclosure door(s) shall be completed prior to building
occupancy and shall be at least as tall as the interior trash
receptacle.
7. Developer agrees that all building and design standards as set
forth in "The Shoppes at Towne Lakes Planning and Design
Guidelines" dated February 4, 2003 shall apply to all properties
in Said Plat. The buildings constructed on Said Plat shall be of
the highest quality using a combination of a minimum of 20%
stone and brick throughout each building. The specific
3
percentage shall be determined by the Planning Commission and
City Council. The same architectural standards shall be required
for all monument signage within the site.
8. This Agreement does not constitute building or site plan approval
for any particular lot in Said Plat. Developer must obtain building
and site plan approval from the City for all buildings constructed
on Said Plat
B. Permitted Uses. All uses on Said Plat shall comply with the City's B-2A
Zoning Ordinance as amended from time to time, except where deviations
from such requirements are specifically authorized or required by this
Agreement, or unless the property is rezoned to a different zoning district:
1. Developer agrees that no .outdoor displays shall be permitted on
any property within Said Plat, provided that outdoor dining as
allowed under paragraph I.B.2.iii. shall not be considered an
outdoor display.
2. The use on Lot 2, Block 1 of Said Plat shall be limited to a
restaurant permitted under the City's B-2A zoning ordinance,
subject to the following restrictions:
1. Developer agrees that the restaurant located on Lot 2,
Block 1 of Said Plat shall be at least 4,000 square feet in
size;
11. The restaurant located on Lot 2, Block 1 shall be a free
standing, single use building (i.e. the building shall be
occupied by no more than one use and one user at any
given time); and
111. The exact location, configuration and building design of
the restaurant located on Lot 2, Block 1 is subject to
approval by City Council.
3. Lots 3 and 5, Block 1.
1. The use on Lot 3, Block 1 of Said Plat shall be limited to
a restaurant permitted under the City's B-2A zoning
ordinance, subject to the following restrictions:
4
a. Developer agrees that the restaurant located on Lot 3,
Block 1 of Said Plat shall be a least 8000 square feet in
size and shall be restricted to a "sit-down" restaurant
otherwise permitted in the City's B-2A zoning district.
For purposes of this Agreement, a "sit down" restaurant
means a restaurant in which customers seated at
individual tables order and are served food by waiters
and/or waitresses and no more than a total of 15% of
food sales are pick-up, delivery, and carry-out orders
which are eaten at off-premise locations. The building
constructed on this lot shall not be permitted to have a
drive-up window where customers can order or pickup
food from their cars;
b. The restaurant located on Lot 3, Block 1 of Said Plat
may provide an outdoor dining area in direct connection
to the sales within said restaurant;
c. The exact location, configuration and building design
of the restaurant located on Lot 3, Block 1 is subject to
approval by City Council.
11. Within two years from the date of this Agreement,
Developer or its assigns may choose, at its option, to
construct and operate a Perkins owned or franchised
family restaurant on Lot 5, Block 1 of Said Plat. In the
event Developer or its assigns chooses to construct and
operate the Perkins restaurant consisting of at least 5,000
square feet of building space (situated in a manner that
would provide sufficient space to expand the building to
6,000 square feet at some point in future) on said Lot 5,
Block 1 within said two year period, the restaurant
related restrictions placed on Lot 3, Block 1 of Said Plat
in accordance. with paragraph I.B.3.i. above shall be
removed from said Lot 3, Block 1. In such event, the
City shall, at Developer's or its assign's request, execute
a release of such restaurant restrictions from said Lot 3,
Block I in recordable form.
111. In the event Developer or its assigns chooses to
construct and operate the Perkins restaurant consisting
of at least 5,000 square feet of building space on said
Lot 5, Block 1 within said two year period, Developer or
5
its assigns may install an additional pylon sign not to
exceed 30 feet in height on said Lot 5, Block I
consistent with the design shown in the attached Exhibit
G for the purpose of exhibiting an on-premises sign
advertising the location of the Perkins restaurant.
4. Developer agrees that the loading hours for all buildings on Said
Plat shall be limited to early morning or non-peak business hours,
whichever has a lesser traffic flow. The loading hours shall be
designated to mitigate traffic and parking space issues.
5. The number of parking stalls in Said Plat shall be in the same
number and substantially the same location and configuration as
shown on the attached Exhibit B
C. Streets. Subject to this Agreement and applicable City Ordinance
requirements, Developer shall construct and maintain all private streets as
follows:
1. Developer shall construct all private streets to a minimum width of
28 feet, in the locations as shown on the attached Exhibit B.
Parking shall be prohibited at all times on all private streets, and all
private streets shall be posted with "no parking" signs installed by
the Developer at Developer's expense.
2. Developer shall maintain all private streets on Said Plat in a
commercially reasonable manner such that the streets are paved
and plowed at all times and such that cars and emergency vehicles
can safely pass on said roads at all times. At the time of recording
of this Agreement at the Wright County Recorder's Office,
Developer shall record a private street maintenance agreement
which requires all six lots on Said Plat to maintain said private
streets and no-parking signs in a commercially reasonable manner
as required by this Agreement. Such maintenance agreement must
meet the approval of the City Attorney as to form and content and
shall take the form of a Retail Owners' Association. Upon
recording of such documents and activation of the Retail Owners'
Association, Developer shall be relieved of the maintenance of
such private streets except to the extent Developer's maintenance
obligations arise under the Retail Owners' Association by virtue of
Developer's ownership of property subject to such Retail Owners'
Association documents.
6
3. In the event the private streets are not maintained in accordance
with this Agreement such that said private streets pose a safety
hazard to the general public, the City shall provide forty-eight
hours notice of deficient maintenance to the owners of all of the
lots in Said Plat, after which time the City may immediately
require that commercial business not be transacted on any lot in
Said Plat to which access remains impaired or unsafe.
D. Signage.
1. Developer agrees to submit a Comprehensive Sign Plan for Said
Plat which is subject to approval of the City. The Comprehensive
Sign Plan shall provide detailed information regarding sign size,
lighting, and location, and the signage described in this paragraph
I.D. below shall conform to such Comprehensive Sign Plan as
approved by the City.
2. Developer shall be permitted to erect one area identification sign
on Said Plat at a location approved by the City. Said sign shall be
limited to 30 feet in height and 200 square feet in area, and must be
set back a minimum of 20 feet from all property lines.
3. One monument sign not to exceed twelve (12) feet in height and
eighty (80) square feet in area may be placed on each individual
lot. Such monument signs shall be subject to City Council
approval as to size, height and material construction.
E. Landscaping.
1. Trees, shrubs, berms and screening are to be planted and installed
as shown on the landscape plan attached as Exhibit C. The
Developer shall guarantee that all new trees shall survive for two
full years from the time the planting has been completed or will be
replaced at the expense of the Developer. All landscaping as
shown on attached Exhibit C shall be installed no later than.
October 31, 2007. The Retail Owner's Association shall maintain
all landscaping in the CSAH 19 ditch.
2. The Retail Owners' Association shall maintain the infiltration
plantings shown on Exhibit C in good working order at all times.
7
3. Developer shall replace, at its own expense, any plantings as
shown on attached Exhibit C that might be damaged during the
construction of any future buildings on Said Plat. Developer shall
guarantee that all plantings replaced pursuant to this paragraph
shall survive for two full years from the date of planting.
F. Easements.
1. At the time of the recording of this Agreement at the Wright
County Recorder's Office, Developer shall record a cross-parking
easement which will allow mutual cross-parking between all lots in
Said Plat. Such cross parking easements must meet the approval of
the City Attorney as to form and content.
2. At the time of the recording of this Agreement at the Wright
County Recorder's Office, Developer shall record a cross-access
easement which will allow mutual cross-access between alllots in
Said Plat. Such cross access easements must meet the approval of
the City Attorney as 'to form and content.
3. The easement area of each Lot including all improvements in it,
shall be maintained continuously by the Owner of the Lot, except
for those improvements for which a public authority or utility
company is responsible.
G. All grading, drainage, utility, wetland mitigation, and transportation issues
that arise during development of Said Plat shall be subject to review and
approval by the City Engineer.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Shoppes at Town Lakes Two, as prepared by Westwood Professional
Services, Inc. dated April 3, 2006, and on file with the City Clerk, said
improvements to include installation of water mains, sanitary and
storm sewers. All such improvements shall be constructed according
to the standards adopted by the City, along with all items required by
the City Engineer. Unless the City Engineer specifies a later date, said
improvements shall be installed by October 31, 2006, with the wear
course of bituminous pavement to be installed after June 15,2007.
8
B. The Developer warrants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constructed to City standards and shall
suffer no significant impairments, either to the structure or to the
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said improvements on Said
Plat. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety
and pay any contractors who performed work on any Municipal
Improvements and whom Developer has failed to fully pay for the
performance of said work.
D. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City may
deem necessary) during the construction and installation of said
Municipal Improvements. Developer agrees to pay for all costs
incurred by the City during said inspections.
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of paved streets, curb and gutter, sidewalks, boulevards,
street signs, traffic signs, yard top soil, sod and seed in all yards,
grading control per lot, bituminous or concrete driveways and parking
lots, drainage swales, berming, and like items as necessary, street
cleanup during project development, and erosion control, all as
required by City ordinance. All private streets shall be installed
according to the plans and specifications for Shoppes at Town Lakes
Two, as prepared by Westwood Professional Services, Inc. dated April
3,2006 and on file with the City Clerk. All yard areas shall be sodded
with grass or landscaped in accordance with the attached Landscaping
Plan. In all cases permanent turf or grass must be established over all
areas of the lot not covered by a hard or impervious surface. Said on-
and off-site improvements shall be installed no later than October 31,
2006, with the exception of erosion control, drainage swales and
berming, which shall be installed upon initial grading of Said Plat, and
except that the parking lots for each of
9
Lots 1,2,3,4, and 5 Block 1 may be constructed when a building is
constructed on such respective lot.
B. Developer shall, at its own expense, cause the following items to be
installed within Said Plat, all such items to be installed under ground,
within the street right of way or within the private street easements or
such other location as may be approved by the City Engineer,
accessible to all lots and in compliance with all applicable state and
local regulations:
1. Electrical power supply, to be provided by Xcel Energy or
other such carrier;
11. Natural gas supply, to be provided by Reliant Energy or other
such carrier;
111. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier;
IV. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause street lights
and street signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
on Uniform Traffic Control Devices.
c. Developer has submitted a utility plan for Said Plat showing all
existing and proposed utility lines and easements, attached hereto and
incorporated herein as Exhibit D. Developer agrees to have all utilities
installed according to this Exhibit D.
D. Developer shall install silt fencing in back of all curbing within 30
days after said curbing is installed, or 7 days after the "small utilities"
(gas, phone, electrical and cable television) have been installed,
whichever occurs sooner. Developer shall abide by the City
Engineer's requirements for silt fencing of the lots and access to the
lots during building construction.
E. Notwithstanding the requirements of subparagraph 3A above, the
Developer shall install to the City's satisfaction improvements for each
lot or parcel prior to the date that a certificate of occupancy (temporary
or permanent) is issued by the City for a building located on the lot,
unless the certificate of occupancy is issued after October 1 st and
10
before March 30th in any given year, in which case a certificate of
occupancy shall be issued if all on- and off-site improvements except
landscaping and sod have been installed. In such cases, the Developer
shall cause the required landscaping and sod to be installed by the first
June 30th following the issuance ofthe occupancy permit.
4. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $419,000.00
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($77,000.00), 100% of the on and off-site
improvements related to streets, ($252,000.00), and 150% ofthe
estimated cost for landscaping/screening materials ($90,000.00). Said
letter of credit or surety must meet the approval of the City attorney as
to form and issuing bank.
B. The City may draw on said letter of credit or surety to complete work
not performed by Developer (including but not limited to on- and off-
site improvements, Municipal Improvements described above, erosion
control, and other such measures), to pay liens on property to be
dedicated to the City, to reimburse itself for costs incurred in the
drafting, execution, administration or enforcement of this Agreement,
to repair or correct deficiencies or other problems which occur to the
Municipal Improvements during the warranty period, or to otherwise
fulfill the obligations of Developer under this agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety
referred to herein is ever utilized and found to be deficient in amount
to payor reimburse the City in total as required herein, the Developer
agrees that upon being billed by the City, Developer will pay within
thirty (30) days of the mailing of said billing, the said deficient
amount. If there should be an overage in the amount of utilized
security, the City will, upon making said determination, refund to the
Developer any monies which the City has in its possession which are
in excess of the actual costs of the project as paid by the City.
D. Developer hereby agrees to allow the City to specially assess
Developer's property for any and all costs incurred by the City in
enforcing any of the terms of this agreement should Developer's letter
of credit or surety prove insufficient or should Developer fail to
11
maintain said letter of credit or surety in the amount required above
within 30 days of mailing of written request by the City. Should the
City assess Developer's property for said costs, Developer agrees not
to contest or appeal such assessment and waives all statutory rights of
appeal under Minnesota Statutes, including Minnesota Statute
429.081.
E. That portion of said cash, irrevocable letter of credit or other surety
with respect to the performance of Site Improvements shall be released
upon certification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
F. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may become null and void prior to
the time at which all monetary or other obligations of the Developer
are paid or satisfied, itis agreed that the Developer shall provide the
City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of
this Agreement and thence draw in part or in total, at the City's
discretion, upon the expiring letter of credit to avoid the loss of surety
for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off-site Improvements, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately
reduced for that portion of the Municipal Improvements and on- and
off-site improvements which have been fully completed and payment
made therefore. All such decisions shall be at the discretion of the
City Council. The City's cost for processing reduction request(s) shall
be billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
12
1. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
11. When all or a portion of the Municipal Improvements or the on-
and off-site improvements have been installed, the letter of
credit or surety may be reduced by the dollar amount
attributable to that portion of improvements so installed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period. Developer may substitute a warranty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
111. As to all requests brought under this paragraph, the City
Council shall have complete discretion whether to reduce or not
to reduce said letter of credit or surety.
C. The costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of
billing.
6. Abandonment of Proiect - Costs and Expenses. In the event Developer should
abandon the proposed development of Said Plat, the City's costs and expenses
related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other
expenses undertaken in reliance upon Developer's various assertions shall be
paid by said Developer within thirty (30) days after receipt of a bill for such costs
from the City. In addition, in the event the Developer abandons the project, in
whole or in part, ceases substantial field work for more than nine (9) months,
fails to provide sufficient ground-cover to prevent continuing soil erosion from
Said Plat, or fails to leave the abandoned property in a condition which can be
mowed using conventional lawn mowing equipment, Developer agrees to pay all
costs the City may incur in taking whatever action is reasonably necessary to
provide ground-cover and ' otherwise restore Said Plat to the point where
undeveloped grounds are level and covered with permanent vegetation sufficient
to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said
Plat. In the event that said costs are not paid, the City may withdraw funds from
the above-mentioned surety for the purpose of paying the costs referred to in this
paragraph.
13
7. Developer to Pay City's Costs and Expenses. It is understood and agreed that
the Developer will reimburse the City for all reasonable administrative, legal,
planning, engineering and other professional costs incurred in the creation,
administration, enforcement or execution of this Agreement and the approval of
Said Plat, as well as all reasonable engineering expenses incurred by the City in
designing, approving, installing, and inspecting said Improvements described
above. Developer agrees to pay all such costs within 30 days of billing by the
City. If Developer fails to pay said amounts, Developer agrees to allow the City
to reimburse itself from said surety and/or assess the amount owed against any or
all of Said Plat without objection.
8. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the City's
Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance
currently requires the Developer to pay $1,600.00 per acre and $1,400.00 per acre
respectively, upon development of said Plat. There are 7.3 acres in said Plat
which received final plat approval. Therefore, the Sanitary Sewer and Water
Trunk Line Fees for all property receiving final plat approval is $21,900.00
($11,680.00 in sewer fees calculated as $1,600.00 x 7.3 acres and $10,220.00 in
water fees calculated as $1,400.00 x 7.3 acres).
9. Erosion and Siltation Control. Before any grading is started on any site, all
erosion control measures as shown on the approved Grading, Drainage and
Erosion Control Plan shall be strictly complied with as set forth in the attached
Exhibit E. Developer shall also install all erosion control measures deemed
necessary by the City Engineer should the erosion control plan prove inadequate
in any respect.
10. Ditch Cleanin2. Developer shall comply with all requirements set forth for
drainage into any county ditch or other ditch through which water from Said Plat
may drain, and shall make any necessary improvements or go through any
necessary procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
11. Maintain Public Property Dama2ed or Cluttered Durin2 Construction.
Developer agrees to assume full fmancial responsibility for any damage which
may occur to public property including but not limited to streets, street sub- base,
base, bituminous surface, curb, utility system including but not limited to
watermain, sanitary sewer or storm sewer when said damage occurs as a result of
the activity which takes place during the development of Said Plat. The
Developer further agrees to pay all costs required to repair the streets, utility
systems and other public property damaged or cluttered with debris when
14
occurring as a direct or indirect result of the construction that takes place in Said
Plat.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a
result of construction activity on Said Plat will be repaired immediately if
deemed to be an emergency by the City. Developer further agrees that any
damage to public property as a result of construction activity on Said Plat will
be repaired within 14 days if not deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately undertake making or causing it to be cleaned
up, repaired or maintained. When the City undertakes such activity, the
Developer shall reimburse the City for all of its expenses within thirty (30) days
of its billing to the Developer. If the Developer fails to pay said bill within thirty
(30) days, then the City may specially assess such costs against the lots within
Said Plat and/or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to attorneys fees incurred by the
City as a result of such legal action.
12. Temporary Easement Rie:hts. Developer shall provide access to Said Plat at all
reasonable times to the City or its representatives for purposes of inspection or to
accomplish any necessary work pursuant to this Agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C. Ifbuilding permits are issued prior to the completion and acceptance
of public. improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
15
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Contract shall not be a
waiver or release.
E. This Contract shall run with the land and shall be recorded against the
title to the property. After the Developer has completed all work and
obligations required of it under this Contract (including the expiration
of the warranty period), at the Developer's request, the City will
execute and deliver to the Developer a release of its obligations under
this Agreement. However, all continuing obligations under this
Agreement shall remain binding upon the properties covered by this
Agreement and their owners. Said continuing obligations include, but
are not limited to, paragraphs 1, 7, 13, 14, 15, 17, 18,20,21,22,23,
24, and 25 of this Agreement.
F. The Developer represents to the City that Said Plat complies with all
City, county, state and federal laws and regulations, including but not
limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that Said Plat does
not comply, the City may, at its option, refuse to allow construction or
development work in the plat until the Developer so complies. Upon
the City's demand, the Developer shall cease work until there is
compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on Said Plat, Developer shall provide the City with
evidence of good and marketable title to all of Said Plat. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of
title updated by an abstract company registered under the laws of the
State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or F ederallaw or regulations.
I. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it fmds to be in the best interests of the
public health, safety and welfare. Developer acknowledges and agrees
16
that the City is currently in the process of expanding its wastewater
treatment plant capacity. Developer further acknowledges and agrees
that delay in the availability of wastewater treatment plant capacity
may occur for some lots located within Said Plat depending upon
when building permits are applied for and that such delay in capacity
availability may also delay the issuance of building permits for some
lots within Said Plat.
1. Developer shall obtain all required driveway, utility and other permits
as required by either the City Engineer, Wright County and/or the
State of Minnesota.
14. Violation of A2reement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer thirty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day
period, the City is hereby granted the right and the privilege to declare
any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run
from the date of deposit in the United States Mail. Upon failure to
cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations
under this Agreement, and bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this agreement. The
City may also specially assess all said costs incurred upon default
against the properties in Said Plat pursuant to the terms of this
agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
14(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environment or to public property, or
result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good-faith,
reasonable efforts to notify the Developer as soon as is practicable of
the default, the projected irreparable harm or safety hazard, and the
intended actions of the City to remedy said harm.
17
C. Paragraph 14A of this Agreement shall not apply to any acts or rights
. of the City under paragraph 4F, and no notice need be given to the
Developer as a condition precedent to the City drawing upon the
expiring irrevocable letter of credit as therein authorized. The City
may elect to give notice to Developer of the City's intent to draw upon
the surety without waiving the City's right to draw upon the surety at a
future time without notice to the Developer.
D. Breach of any ofthe terms of this Contract by the Developer shall be
grounds for denial of building permits.
15. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to Said Plat, and upon completion of all construction
work and certification of completion by the City Engineer, shall
dedicate all trail right-of-ways to the City. Upon acceptance of
dedication, Developer shall provide to the City "As-Builts" of all
sewers, water mains, and roads. Acceptance by City of any dedication
shall occur upon passage of a resolution to such effect by the City
Council.
B. Park Dedication.
The City agrees that the Developer has fully satisfied its park
dedication fee obligations with the park dedications made by
Developer pursuant to the Towne Lakes Third Addition Plat.
16. Phased Development.
Approval of this phase of Development shall not be construed as approval of
future phases nor shall approval of this phase bind the City to approve future
Development phases. All future Development phases shall be governed by
the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and
other ordinances in effect at the time such future Development phases are
approved by the City.
17. Indemnity.
Developer shall hold the City and its officers and employees harmless from
claims made by Developer and third parties for damages sustained or costs
18
incurred resulting from Said Plat approval and development. The Developer
shall indemnify the City and its officers and employees for all costs, damages
or expenses which the City may payor incur in consequence of such claims,
including attorney's fees. Third parties shall have no recourse against the City
under this contract.
18. Assie:nment of Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from its obligations
under this contract without the express written consent of the City Council
through Council resolution.
19, Administrative Fee.
A fee for City administration of this project shall be paid prior to the City
executing the Plat and this Agreement. Said fee shall be 3.25% of the
estimated construction costs of the Municipal Improvements within the
Plat. The administrative fee for this Plat is $2,502.50. Seventy-five percent
of this fee shall be paid upon issuance of the final Plat with the remaining
twenty- five percent of the fee to be paid upon substantial completion of the
Municipal Improvements.
20. Limited Approval.
Approval of this Agreement by the City Council in no way constitutes
approval of anything other than that which is explicitly specified in this
Agreement.
21. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City
as a result of City efforts to enforce the terms of this Agreement. Said fees
include attorney's fees, engineer's fees, planner's fees, and any other
professional fees incurred by the City in attempting to enforce the terms of
this Agreement. The Developer will also pay all reasonable attorney's and
professional fees incurred by the City in the event an action is brought upon a
letter of credit or other surety furnished by the Developer as provided herein.
22. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this
Agreement by reference as they appear. Unless otherwise specified in this
19
agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
23. Inte2ration Clause. Modification by Written A2reement Onlv.
This Agreement represents the full and complete understanding of the parties
and neither party is relying on any prior agreement or statement(s), whether
oral or written. Modification of this Agreement may occur only if in writing
and signed by a duly authorized agent of both parties.
24. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the
City Clerk for the City) or registered mail addressed as follows to the
following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Albertville Phase II, LLC
58 10th Ave. South
Waite Park MN 56387
Telephone: (320) 253-0003
Facsimile: (320) 253-0006
25. A2reement EtTect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
BY~~; #.:. ~
Don Peterson, Its Mayor
20
By
Bridget Miller, ts Clerk
Albertville Phase II, LLC
By Its:~~
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ;l 0 -rt-
day of ~ \ ~ ' 2006, by Don Peterson as, Mayor of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
llNA LOUISE !-ANNES
N<OTARY PUBLIC-MINNESOTA
My Comm. Exp. Jan. 31, 2009
~ cklU/ie JCU11Vl.P-
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this .')o-rf::>
day of j u1.M , 2006, by Bridget Miller, as Clerk of the City of
Albertville, a ~esota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
G TINA LOUISE LANNES
. . '~ NOTARY PUBLIC-MINNESOTA
....:JP My Comm. Exp. Jan. 31, 2009
j~~h~
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
21
The foregoing instnnnent was aCknOWled~before me this ~
day of ~~ l-lt'eJ , 2006, by ~ kf, as :pr~ '
of Albertville Phase II, LLC.
l.. YNN MARY FELDHE _
NOlARYPUBUC-MINNESOTA 7
My Commission expires Jan. 31. 200
DRAFTED BY:
Couri, MacArthur & Ruppe PLLP
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
22
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lots 1-5, Block 1
Outlot A
All said property is located in Shoppes at Town Lakes Two, City of Albertville,
County of Wright, Minnesota.
23
EXHIBIT B
Site Plan
EXHIBIT C
Landscaping Plan
EXHIBIT D
Sanitary Sewer, Water Main, Storm Sewer and Street Plan
EXHIBIT E
Grading Plan
EXHIBIT F
Final Plat
EXHIBIT G
Perkins Sign Plan
24
EXHIBIT
i-B-
68TH STREET N,E,
0>1
~i
<,
01
~i
;::1
zl
al
ul
......-."..~~..,.,..._-.
/
{
I
!
1
I
l
I
i
P'rt.ON
SIGN
,
i
i
I
!
i
I
I
-L I I
........L....---i- !
.1---..,. .
i .... ",.........
J .!
I
I I
. I
I I
j ,
SITE INFORMATION:
~
LOT 'II' - ~.()OO
TOT~L
~~I~
LOT '0' -
l-OT '15' -
LOT 'P' -
{} PHASE /I SITE
SCALE: l' = 50'-0"
PLAN
EXHIBIT
I C
I;lJ
J>
Z
I . . .
I ~ . Ii II I ; ; i Ii I
l~ ~~ I i. I h I
.li i~ d~~m II 1 II
j I!!~, "I i'jj , , l'
it ~l a~ .; II Ih; I ~ ~
'I b t . S .. j .
! ~~ i;f!i 4 II J ~~ 1I ~
8 ~. I. i
lh t t t t t t ::l
tQl~ i;n II; ~ n :,:: . U -i n ;' ,
~r 41 S (0 I 1.= 5.' LlLI II =r '1 . . . mtl
' .
EXHIBIT !..!.: !~ . ! '! ~ ! 5 ~:.!,~.~
.J ;
J -1L !Jl!:!U!I::.!'1i I , i i I I i
1 ~ ~ .
. ! i~~f
j \ f n 'Ii ! i ' i i i ii!' !
.iE_ e., . e , e ' e e. E n . ,
I . . . . ~g
J.. .~ . I !
i
I I I
~
N
11TH ~
II i J
J · J
1 h ~ ~
I Uh!~
I up
I
1104- I ~i:i
I
Ijl
I ~& d
..!) . !
I ald
I
\
Iii
I Ii
i I
----l I
I l~
: I~
: l~
__..J ~
1 1
1
I I
I I
I
~ I
w
z I
I w
::> I
1 ~ I
< I
x 1
~ I
1 ~ m I
d 1
~ EI
I d 1
I z I
%
.;. I
1 ul I
d I
I
I
I I
I
+-,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
"
j
i
Ii
1
j
~
---,
iD I ii
1 I
i j
----I I
i I
-_J jl"'_"d' ,. .
~'~Il'~~' -- (~~~_~_~n'
H r-----
! H,
-l
I
Ju
~hi!
~
~ II
~
f
ill .i
1'1, .
I'! J
Iii J
ili . ~
.l:!
I .
1. i
j i !
1 hi
J Hi
~
~
J.s:l Ifd BI'tI"E:O ~llOC/'I/I0 (l""ld,109t".C!\~NJ\JJ.S\!.I^<<\ilJtn.0I[\€ UJ:rO~d lJMt1"J
i i6 ~I ~ ~
~ ~ ~.;~ ~ ~i · ! I
~ ~M ~~ . ~I ~ !;
~ ~i~~ ii ~;j ~ ~. ~
I II!! llll i:, !l i! lull!! II
· ! I "i! ~, ! i!! !II' II!",I,,,,!
!ll II' '" I. . ;'.' .".., I I ~'.,
!/ II i::1 !l: !: !I II; lilli, n II Ii ; I~ i
~ ""I> ~" .. 'I ":'. ~
I:: ili!!i III II III iI ! II $1: ill!! !! , ~
~s !~~. ~b ~ ~ ~ ~ s ~g . . . ,
~5 .5... ...
. .
~
'K'1r96 - ^)13 It\d
ttoll8+~" ViS Ihd
~
Jf
I
~ I
z I
~ I
t; I
~ I
is I
u___.J
~~~;111
~~it~1~
II N. ...
~;~~~:
loJUJ w< _
a.;a;~~
Xx
"
. '
I
l.;S'9S6 .. .\313 Ihd I
OS+L" l'J.S II\d \
\
\..
<II
-
if"9SG ."^313
",,1:;+9 ""lAd
-\
~~g~~... g
:g",+U'lroO
GI + 10 GlNll"i 8:
~~~~U.~ ~
d~ti~~:.: 2
~~l&:
f
I
1
I
~
~
!;;~
I~~I
~g
J
I
lllj
j
-1M;
Ui~
II!! .!~
J i!; J.
i ~E
.h!
Ii ~ ~i
!~ 00111
i ih
II ~~ifi
I. I I .l!"1
~~
~~ if .! B I I
~.el h I
~;q u i
~d !
~~i I~i !r.ni ~E8.~
:!~lIC~=ll:l!::DJo~lIC. ~
I e
6
~
e>
i
f
1
J
~
1
.
i
~
I
1
I
1.-,
I~
--
\
\
\
\
,
,
\
\
\
\
\
\
,
\
\
\
\
I
1
I
1
I
-----I
I
I
I
I
1
I
I
_ _ .-J.
--,
I
I
I
I
1
I
1
I
-----1
I
I
I
1
I
I
I
-~
-
-~
I
I
I
!
......1 (NoLLonlUsNOO 113~Nn) 3N 133lUS HiS9
~r------------------------l
r- I
I I
I I
~
)(
~
2
f
1
J~
~
~~ol
~~!I
mg
~
i
I
~
N'
~
t
~
j
J
lllj
j,
i
Bl 'I
iI, ·
.!! I
t!j III
III i,
oJ
-"
v
l
II I
:!1 I !
l i~1
hi
~h
!!i~1
~
~
LS:I Iold 8toeKO SODCl/SiVro G.P1dpl!19t"..i!!'.'JNJ'JJ.s,!)^a~Il't SJ.J3iOlU qtAl"",:)
J~!
ni~
jl!! .~
~ -.
lei !i
~:r:: 0'1
3~ ~~
is
,1 I
~I I
. ! II II
ill i
Iii :
I
I
.
IH
-.1
ili
I~f
,. ~..,.,.......'.'.......'.""."".""'."'lli' ·
"> .. - ... .
: ->....- ';~:'~. :.. .
-<:;>:: " '. . I
, .... .
: ~.- ,.". .!
~ . '., ,',
5 " . ;
l---;;-l
i~1
I
~
I. II ~I ~ -II I!l
~ 1III !I lj
lId. ]1 i
,I ~.~. Ii, -. h II. !I
i91 1 ,Ie II I!I ~ II 11:' II
I!!l ,f !i. I:l. I,
Iii II .If e tlll:11 !I
~I
1:f I~!I I - .
:11 I
~Oijl:I'. I~I~
~ I i:l! . ~
l!1 I if
" ~ ~I' I
i iil)o a" e;: . II;
I~ it I I !ni !~!. ~. b
, il ;~:!I i! !il ~~; . : 1111
I II II~ h' IHI. lall '
. ~ I '1
I
,
f
I
l
I
~
~
ji!
Ii!
all
II b ffil
~. II I llli
I
I- ~ J'
IIi I q I
1!1r I 'f
;!~ ! i"
ill .
'r.:JEmII
~~~ I
k ~ ~I I I
II~ ~ l~
;>..... ; ~
,
I i ~
~ I ..., i I. i
~k~1 I
!!~ WI II
~I! I~ ;:.U II; · !I
Iii I I'I~ II I II
4)~1 ~ n H ~!In
II ~ ell it
r. . in.O
~ ~I
~I in !d
'.: ::" I! .
......::::::.:.:.11
',', 0, ..
. . .. I
'.....
'i;: ....
+.' I
~
~
m
,
w
i Ij
mtl
i~~f
~g
tJ
~
N'
~
i
<
J
I
lllj
j'
'I i
I i
; I I:
'J I
G' ·
I'~ I
(!.. I
~u ul
It! "I
!it I,
'-'
~
~ a
LI
f ! !
j fjl
hi
511
!~i
~
~
.L~ Wd 21'D>tG SIlD<lFSiI'IO 15"p'5I.l~ClCto'a'-!lNJ\.:l.lS,g^a\llJ(nlllEl\C SJ.:lJl"l]ad QH,"'VJ
&I~!
f ~~
j ~,
j !!
, a;!
~ !,i
EXHIBIT
i --E-
S mS dl
~~i:,!i= ~~d
2~~~i~~h i~~1
U~~~.~.lI .~~
sii~nhU~h~
~~u~~u~nn~~
~uuu uusss~
1~IlHin~!~(~
~
6
~
1
I
I
]
I
~
)" i . !-"':' ~-.. 0 ,/
_= /~/ / : i 1_ i~ iNoll~nlll;No3 ~~N~) ~~ J.~~_ ~ll!. ~/ _-
I } r ( , It---:~--..;;;gw---------------------------
I '~ffi -=~~__ \""-- ~ ~
I I ~ ., .."-:;.- -- -> ~ ~ I
C ---' I
I I I
~
!
~~
3i
~~
r
~~~
!i!i~
~
J(
oll~
II
II
!(
~~ol
~i~t
~~
i
I
~
I
~
~15 > . ~
~f~ i ! I
I~i ~ ~ ~
.~ ~ ~'i1
w~! ~ ~~ ~
il/l....;:) ~ j5
>~~ ~ ~. ~
~~~ Sffi e
~~~ ~ ~~ ~
. ~~~ ; ~io;
lifil!' c .c ~
. ~ ~ ~ t;
ols o~.~ j
!.~ wi A~ 9
!~; ~~ n B
'I~ II i: il
ig! II d I~
~~~ f. d ~~
j
J
llll
L
,
J.S:l Nd 81'ttoal GOO2lg[/to eltlP'Tdp~t..tZ\!:lNJ':llS\!J.-.a\il3IVJJll\t SJ.:JJMlHd aN~1\'::J
EXHIBIT
i--L
~
......
m
~
~
......
e
......
~
m
t
o
:t
0)
~,
~
(~~~
& l'
bj
"11&
i~l
~j
!I-.
i~.
iU
ui
-f -
!I} !~
~~'a l~
;t!f :tf
. .._,.' -~$
~i~ l~
S~'a sj
I:: h
"
!l i
~ i
II
Ii! & i
k
j
ii! .
\
!g~~:
~E::<>
""'-(;):1-.
~;~~
<, () .;
{. G:: <:>
.~ ..,
\
\
'....
"
"-
"-
\
.. \
\
,.
---
"J~tb
"
""-"
~']f,i
....~<;;.
........
\
\
\
\
\
\
\
~ \
\
\
\
\
\ ... '" ~
I ~.,.
,
I
<tj I
.. I
I
I
--....I
?;
li)
(;j
~~
"'~ ,<:"i
~;
:!;..
;::: "'t
f~
~
I'
:....,
! r'i.
re-.J, :
~. fy., ,
1M OOft: ,. ~l~l :
: -~ ,/~ t ~J
! !ii,
l. ~ !IJi ")
~ r::~g ~ rf ~
~ S! ,-;! d ~ i ~1 ~.. ~
~~i!.! t~ ii'.
I LJL..----i'---u-.....
,,..It.b...... ~_. - - KI$ '.
-~---'-I.--'-'-'--f I
tmWI
I . l. ~
i r i t~
! ! :1
a: ,~J : ~
l..l I i
"I ;;' 1~~J
1 I- ,-r'
1 r I
I , I
I II
I It
I 1>1
: _~~.(M- ", _ ~ m: _('W~~~~=
\~Le----""........._-'"'"'-~ t':~ -Jt...--:----.....---.....":^'r
,1\,"'........ ~
i
""
r-------------------l
I Un'U-Innviils ;C~>,/V'fl
I IVVi.t....,.....f' ..;;.::1'4'''' I
I I
I
r:r.n
~
~
:r:
'i
t.,
tJ
a'I"
Qg
~!
II
:.
f
"
'a
..
~
I
,
I
I
I
I
,
I
I
J
THE COLORS SHOYVN IN THIS DRAWING ARE FOR ILl.USTRATlON PURPOSES ONLY AND MAY NOT BE A IRUE REPRESENTATION OF ACTUAl. COLORS
l
.?D'
CUSTOMER PERKINS
I FilE NAME S~f1OO-06"09"OOI
I SALES REP. 5rEVE M. I
SCALE Me"' '"
14'-011
I
"9Irlios0
RES'ri\lJRANT
," ," BAKERY
el-6"
J
S)
B
EXHIBIT
G
CITY ALBERTVILLE
STATE MN
nus ORAWINGJS THE PROPERlY OF
WITH. 1IPl"ROVN.. OF 1H1S !lRAWING I HE~EtlY GIVE &CHAOJ~C(SION:lfERMI55f()N
roBEGIN PROOUCOONO~ ffit 51GNAGE IltUSTmED lNJ}JISOOCUMENt I AGREE
THAt ALl. THE5PECIFICA11ON5. SPEllING. COtOl:5 NJVELtvA11ON5 Uf'TEDINflJl$ DRA\\ING
ARE CORRECT AND APl'ROVEOAN'f CIiANGESfOtHl5 OMWlNV AfTER f'RODUCOON
HA5STARTED 1\1llRE5tJlTlN AOOlTlONAl, CHARGES.
DRAWN BY DARRENO. CVSTOMEln\PPROVAL~__...~~.DATE
I REVISION .olloRlc.oATE ' 0610910SUREV.D.>\TE ,OOIOOIOO\lFONTS USED:
n~ MINNESOTA AVE. N.
P.O. llOX }'i7
ORONOCO. MN 55960
PHONE f 'tOM67,2tJ1
FAX f S07467,2bH
1610 E. CLllT RD.
8lJRNSVlllE. MN 'i'HJ7
PHONE I 952-894-2421
FAX f 9S2..a94.'21411