20047-08-07 PUD/CUP Agreement
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE AGREEMENT
ALBERTVILLE MARKETPLACE
THIS AGREEMENT, entered into this day of ,~~~ 2007 by and
between Albertville Marketplace, LLC, a Minnesota Limited iability Company,
referred to herein as "Developer"; 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 "Albertville Marketplace" and shall hereinafter be referred
to in its entirety as "Said Plat" or "Subject Property," the final plat of which is
attached as Exhibit B; and
WHEREAS, Developer has received final plat approval for 4 lots within Said
Plat; and
WHEREAS, The City acknowledges that the Developer intends to convey
Lots 1-4 of Albertville Marketplace to others (the "Lot Owners"); 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 final approval of Said Plat contingent upon
compliance with certain City requirements including, but not limited to, matters set
forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, curb and gutter, grading, sanitary sewer,
municipal water, and storm sewer be installed to serve Said Plat and other properties
affected by the development of Developer's land, to be installed and financed by
Developer; and
WHEREAS, the City further requires that certain other improvements be
installed by the Developer within Said Plat, which improvements consist of paved
private streets, boulevards, 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; and
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 and Conditional Use. Said Plat is hereby allowed
to be developed as a Planned Unit Development with flexibility from the strict
requirements of the City's Zoning Ordinance in relation to selected items detailed
in this paragraph.
A. Developer agrees that all buildings shall be constructed in the locations
shown on the attached Exhibit C unless otherwise approved by motion of
the City Council. The Developer and Lot Owners shall comply with all
site plan approvals set by the City Council except where specifically set
out in this agreement.
B. At the time of the recording of this Agreement at the Wright County
Recorder's Office, Developer shall record a permanent access and cross-
parking easement between Lots 1- 4 on Said Plat. Such permanent access
and. cross-parking easement must meet the approval of the City Attorney
as to form and content.
C. Developer shall construct the number of parking stalls in the locations and
dimensions as shown on the attached Exhibit C.
D. Developer shall maintain the infiltration plantings shown on Exhibit D in
good working order at all times.
2
E. Use of lots on Said Plat.
The uses on all lots of Said Plat shall be limited to uses that are
permitted under the City's B-3 zoning ordinance as amended
from time to time, except as otherwise restricted in this
Agreement. No other type of use on said lot shall be allowed
under this Agreement without a modification to this
Agreement.
ii. The uses on Lot 4, Block 1 of Said Plat shall be limited to a
restaurant using at least 4,000 square feet of enclosed building
space, and other uses in the remainder of the building as are
allowed under the City's B-3 zoning ordinance, unless this
provision is specifically altered by amendment of this
Agreement between the City and the Developer or Lot Owner
of Lot 4, Block 1 in the future.
iii. If a motor fuel station (with or without a convenience store and
car wash) is located on Said Plat, it may only be located on Lot
2, Block 1 of Said Plat, unless otherwise approved by motion of
the City Council.
F. For five (5) years from the date of this Agreement, no amendments to
the City's comprehensive plan or official controls shall apply to or
affect the use, development density, lot size, lot layout, or dedications of
the approved plat unless required by State orFederal law or agreed to in
writing by the City and the Developer. Thereafter, to the full extent
permitted by State law, the City may require compliance with any
amendments to the City's comprehensive Plan or official controls,
enacted after the date of this Agreement, provided that such changes
shall not change the usage restrictions set out in paragraphs l.E.ii. and
1.E.iii. of this Agreement.
G. No occupancy permit shall be issued for a motor fuel station use on Lot 2,
Block 1 until either 1) An occupancy permit is issued for the restaurant
building on Lot 4, Block 1, or 2) An occupancy permit is issued for a
retail or office building on Lot 1, Block 1 of Said Plat.
H. Developer shall develop Said Plat consistent with the site plan attached as
Exhibit C. No building and site construction which otherwise complies
with the Site Plan attached as Exhibit C shall be required to receive
separate site and building plan approvals from the Planning
Commission and City Council. In addition, no separate building plan
approval is needed from the City Council for any building plan where
the building size has been reduced by not more than 10% of the. square
footage shown on Exhibit C and otherwise complies with the Site Plan
shown on Exhibit C. However, this requirement shall not relieve the
applicant from obtaining all necessary building plan approvals required
by the City's building code. Any changes to the building configuration,
increases in building size, decrease in building size greater than 10%,
change in parking configuration, curb locations, drive lanes or traffic
flow shall require the requisite building and/or site approval from the
City Council, and may, depending upon the scope of the change, be
required to be referred back to the City's planning commission for
additional public hearing proceedings.
I. All grading, drainage, utility and transportation issues that arise during
development of Said Plat shall be subject to review and approval by the
City Engineer.
J. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit D. Developer shall
install landscaping shown on the perimeter of Said Plat by October 31,
2008, and Lot Owners shall install the remaining landscape on a lot-by-lot
basis as buildings are constructed on each lot. 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.
K. Developer shall replace, at its own expense, any plantings as shown on
attached Exhibit D that might be damaged during the construction of any
future buildings on Said Plat. Developer shall guarantee that all plantings
it replaces pursuant to this paragraph shall survive for two full years from
the date of planting. Lot Owners shall guarantee that all plantings they
replace pursuant to this paragraph shall survive for two full years from the
date of planting.
L. Developer shall maintain the storm sewer system and ponds located on
Said Plat. Developer shall not modify nor obstruct said storm sewer
system or ponds without the express written consent of the City. The City
shall pay the Property Owners' Association 8.6% of the cost of
maintaining said stone water pond (but excluding property taxes) in
recognition that 8.6% of the water flowing into the stone water pond
originates from the dedicated City street on Said Plat.
4
M. The City shall reasonably maintain the sanitary sewer lines and municipal
water lines and fire hydrants located within publicly dedicated utility
easements on Said Plat, provided, however that: 1) in the event it is
necessary for the City to excavate any portion of the easement area to
maintain, repair or replace any such lines, the City shall be obligated to
restore the easement area to grade with gravel and the owner of the
property or the Property Owner's Association shall be responsible for
replacing pavement and any improvements above grade; and 2) nothing in
this Agreement shall act to limit the City's ability to finance such
improvements in accordance with applicable law. The City shall have full
responsibility to restore pavement within the dedicated City street on Said
Plat in the event the City excavates any portion of the street to maintain,
repair or replace such lines located within the street right of way.
N. Developer shall create a Retail Property Owners' Association
("Association") consisting of the owners of Lots 1-4 of Said Plat. Said
Association shall maintain the storm water pond, all storm sewer on
Said Plat not designated as Municipal Improvements under this
Agreement, the grounds of Outlot C of Said Plat, all parking lot and
private drive areas, all retaining walls and shall maintain the dedicated
City street on Said Plat until such time as the City constructs a backage
road extending east to MacKenzie Avenue, at which time the City shall
then maintain said dedicated City Street. Maintenance of the City street
by the Association shall be limited to snow plowing and street
sweeping. The City shall perform all road repairs and may finance such
activities in any manner permitted by law, and shall provide ordinance
enforcement on such City street in a like manner as on other City
streets.
O. The City has agreed to permit a full access from Said Plat to County
State Aid Highway No. 37 ("CSAH 37") with the conditions provided
for in this paragraph. With respect to the access to CSAH 37,
Developer agrees as follows:
The Traffic Signal shall consist of athree-legged stoplight (red,
yellow and green) system configured similar to that shown on
the attached Exhibit E ("Traffic Signal") and constructed to
Wright County Highway Department standards in existence at
the time the Traffic Signal is constructed. The estimated cost of
the Traffic Signal if it were constructed in 2007 is $231,000.00
("Estimated Cost").
ii. The Traffic Signal may be constructed whenever the City or the
Wright County Highway Department, in either's respective sole
discretion, deems it necessary for the health, safety and welfare
of the public. At such time, the City, the City of Otsego, or
Wright County, or any combination of the three, may construct
the Traffic Signal as a Minn. Stat. Chapter 429 improvement
project and may special assess 100% of the costs of such
Traffic Signal to the numbered lots and blocks in Said Plat. If
such a special assessment is levied, the City shall assess the
costs to the lots in Said Plat according to the following
percentages:
a. Lot 1, Block 1 37.15% of the cost.
b. Lot 2, Block 1 27.52% of the cost.
c. Lot 3, Block 1 11.26% of the cost.
d. Lot 4, Block 1 24.07% of the cost.
iii. In such case, Developer agrees to waive its right to appeal such
special assessment to District Court pursuant to Minn. Stat. §
429.081 to the extent the total amount special assessed to all
lots on Said Plat is not greater than the following amount
("Adjusted Assessment"), calculated as follows: by taking the
Engineering News Record Construction Cost Index ("Index")
level published for the month preceding the month in which
this Agreement is dated (the "Base Month") and multiplying it
by one plus the percentage increase in the Index that occurs
between the Base Month and the month preceding the month in
which the City, Wright County or the City of Otsego .lets a
contract for the installation of the Traffic Signal, and
multiplying that product by the Estimated Cost. In the event
that the City special assesses more to such lots than the
Adjusted Assessment, the Developer and/or Lot Owners may
appeal to the District Court the difference between the Adjusted
Assessment and the actual special assessment.
iv. The City acknowledges that a condition of the Developer
obtaining an access permit from Wright County with regard to
CSAH 37 is that the City, Wright County and the City of
Otsego enter into athree-party agreement with regard to the
construction of the Traffic Signal discussed herein (the "Three
Party Agreement"). The City further acknowledges that it is
the lead agency for the preparation and negotiation of the Three
Party Agreement. The City agrees to copy Developer on all
correspondence related to the negotiation _ of the Three Party
6
Agreement and to provide Developer with copies of drafts of
the same. The City shall keep Developer informed as to the
progress of the negotiation of the Three Party Agreement. The
City will use good faith efforts to cause the Three Party
Agreement to be executed by all of said parties on or before
July 13, 2007. If such an agreement is not able to be arrived at
to the satisfaction of Albertville, the City of Otsego and Wright
County, then Albertville will work in good faith with the
Developer and Wright County to obtain approval for the
eventual installation of the Traffic Signal.
v. Notwithstanding anything to the contrary in this Section 1(O),
the Developer and/or Lot Owner shall only be assessed for the
actual costs of the construction of the Traffic Signal (including
all City costs incurred for construction, reasonable engineering,
financing, legal and a 3.5% administrative fee). Should the
City, Wright County, or the City of Otsego decide to add an
additional fourth leg to the Traffic Signal after initial
construction of the Traffic Signal, all costs of construction
related to the fourth leg of such Traffic Signal shall be paid for
by third parties other than Developer.
P. Fifty percent of each building's exterior finish (exclusive of doors and
windows) shall be brick or stone.
Q. All signage on the site shall comply with the City's Sign Ordinance,
except for the following items, which are granted as part of the PUD
approval
ii. Buildings may have attached signage on each store front equal to 15%
of the exterior front storefront wall area, and an equal amount of signage
on the opposite (back) side of the building.
iii. In addition to one ground sign per lot allowed by the Sign Ordinance,
Developer may place one area identification pylon sign on Lot 2 in the
location shown on Exhibit C. Said sign shall be constructed in the size
and configuration shown for the "Entrance Ground Sign'' on the
attached Exhibit K.
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 Albertville
7
Marketplace, as prepared by Westwood Professional Services, Inc. dated
May 7, 2007 and on file with the City Clerk, said improvements to include
installation of water main, sanitary sewer main, pond, street, curb and
gutter located within the street right of way, storm sewer located in the
street right of way and storm sewers draining from the street to the
pond, all such improvements depicted graphically on the attached
Exhibit F (the "Municipal Improvements'). All the Municipal
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, 2008.
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
Municipal 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 Municipal 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 reasonable costs incurred
by the City during said inspections.
E. In lieu of requiring the Developer to install a trail along the north side of
Said Plat (but located in the CSAH 37 right of way), the City may
construct said trail in the future. The estimated cost of such trail in 2007
dollars is $25,671.00. In the event the City constructs such trail in the
future and chooses to special assess the costs of the trail against the
property in Said Plat, Developer agrees to waive its right to appeal such
special assessment to District Court pursuant to Minn. Stat. § 429.081 to
the extent the total amount special assessed to all lots on Said Plat is not
greater than the following amount ("Adjusted Trail Assessment"),
calculated as follows: by taking the Engineering News Record
8
Construction Cost Index ("Index") level published for the month
preceding the month in which this Agreement is dated (the "Base Month")
and multiplying it by one plus the percentage increase in the Index that
occurs between the Base Month and the month preceding the month in
which the City contracts for the construction of said trail. In the event that
the City special assesses more to such lots than Adjusted Trail
Assessment, the owner of the any lot at the time of the assessment may
appeal to the District Court the difference between the Adjusted Trail
Assessment and the actual special assessment. If such a special assessment
is levied, the City shall assess the costs to the lots in Said Plat according to
the following percentages:
a. Lot 1, Block 1 37.15% of the cost.
b. Lot 2, Block 1 27.52% of the cost.
c. Lot 3, Block 1 11.26% of the cost.
d. Lot 4, Block 1 24.07% of the cost.
3. Construction of Private Improvements.
A. Developer shall construct all on- and off-site improvements ("Private
Improvements") including installation of paved private streets, private
street curb and gutter, sidewalks, storm sewer not located in the street
right of way and not conveying water from the street, 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 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. Except as set out
below, Private Improvements shall be installed on each lot with the
construction of a building on each respective lot. The private street
shown on the attached Exhibit G shall be installed by October 31,
2008. Erosion control, drainage swales and berming, shall be installed
upon initial grading of Said Plat. The grading of Said Plat shall be
performed in accordance with the Grading Plan attached as Exhibit J.
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,
9
accessible to all lots and in compliance with all applicable state and
local regulations:
Electrical power supply, to be provided by Xcel Energy or
other such carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other
such carrier;
iii. Telephone service, to be provided by Sprint/L7nited Telephone
Company or other such 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, provided, however, that this
sentence shall not be interpreted to require Developer to install the
Traffic Signal referred to in paragraph 1.0. above.
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 H. Developer agrees to have all utilities
installed according to this Exhibit H.
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 or Lot Owner 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 1st and before March 30th in any given year, in which
case a certificate of occupancy shall be issued if all Private
Improvements except landscaping and sod have been installed. In such
cases, the owner of the lot shall cause the required landscaping and sod
to be installed by the first June 30`}' following the issuance of the
occupancy permit.
10
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 $723,250.00,
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($298,450.00), 100% of the cost of selected Private
Improvements, ($273,000.00, including private street, retaining walls,
grading, and all utility work), and 150% of the estimated cost for
landscaping/screening materials ($151,800). -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 Private
Improvements, Municipal Improvements described above, erosion
control, and other such measures, and also including restoration of the
temporary easement area on the cemetery property to the east of Said
Plat), 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 pay or 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
maintain said letter of credit or surety in the amount required above
within 30 days of mailing of written request by the City.
E. 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, it is 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. Developer shall maintain said letter of credit in the
amount required by the City at all times.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements, Private
Improvements or Landscaping, 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, Private
Improvements or Landscaping which have been fully completed and
payment made therefor. All such decisions shall be at the reasonable
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:
When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
ii. When all or a portion of the required 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
12
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.
iii. 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 City shall act upon Developer's letter of credit reduction requests
within 3 ~ days of submission of a written request for reduction. 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.
D. To the extent that any of the provisions of this Section ~ conflict with the
provisions of Minn. Stat §462.358(2a) (the "Statute"), the provisions of
the Statute shall control.
6. Abandonment of Project -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.
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
13
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 properties in Said Plat without
objection.
8. Development Related Fees and Credits.
A. Sanitary Sewer Trunk Line Fees.
i. Developer agrees that the City's Sanitary Sewer Trunk Line Fee
Ordinance currently requires the Developer to pay $1,825.00
per acre upon development of said Plat. There are 5.8 acres in
said Plat which received final plat approval. Therefore, the
Sanitary Sewer Trunk Line Fees for all property receiving final
plat approval is $10,585.00.
ii. Developer shall be entitled to a trunk line credit for the
installation of the forcemain from the lift station to the City's
existing gravity sewer main shown on the attached Exhibit I.
The credit amount shall be $14,990.00, calculated based on a
forcemain installation cost of $25,575.00 (calculated as 1,023
linear feet of pipe at $25 per foot) less the $10,585.00 Sanitary
Sewer Trunk Line fee described in paragraph 8.A. above. Said
credit shall be offset against the Sanitary Sewer Trunk Line Fee
set out in paragraph 8Ai. above. The City shall pay Developer
said $14,990.00 within 30 days of submission of a bill for said
forcemain installation following final completion of said
forcemain.
B. Water Trunk Line Fees. Developer agrees that the City's Water Trunk
Line Fee Ordinance currently requires the Developer to pay $1,660.00 per
acre upon development of said Plat. There are 5.8 acres in said Plat which
received final plat approval. Therefore, the Water Trunk Line Fees for all
property receiving final plat approval is $9,628.00. Developer shall pay
such fees prior to the release of the final plat by the City.
C. 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 3.5% of the estimated construction costs of the Municipal
14
Improvements within the Plat. The administrative fee for this Plat is
$10,445.75. 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.
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 J. 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 Cleaning.
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 Damaged or Cluttered During Construction
Developer agrees to assume full financial 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
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
15
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 attorney's fees incurred by the
City as a result of such legal action.
12. Temporary Easement Rights.
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. If building 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.
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.
F. The Developer represents to the City that Said Plat and its related
submissions (including but not limited to the grading plan, utility plan,
and site plan) complies with all City, county, state and federal laws and
16
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 Federal law or regulations.
I. 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 Agreement.
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.
Notwithstanding the 30-day notice period provided for 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
17
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.
This paragraph of this Agreement shall not apply to any acts or rights of the
City under paragraph 4E, 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.
Breach of any of the 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 street right-of--ways and drainage and utility easements to
the City. Upon acceptance of dedication, Developer shall provide to
the City "As-Builts" (both in paper form and electronic form as
required by the City Engineer) of all publicly dedicated streets,
utilities, storm sewers, storm water ponds and other Municipal
Improvements required under this Agreement. Acceptance by City of
any dedication shall occur upon passage of a resolution to such effect
by the City Council, provided, however, that the City shall not accept
the storm water pond as a completed constructed unit for purposes of
satisfying Developer's pond construction obligations under this
Agreement until after the last lot in Said Plat has a completed building
constructed upon it and the City's Engineer confirms that the pond
does not contain an excessive amount of silt and other solid materials
as a result of the development activity on Said Plat.
B. Park Dedication.
The Developer is required to pay a cash contribution of $47,560 in
satisfaction of the City's park and trail dedication requirements.
18
This charge is calculated as follows: 5.8 acres x $8,200 per acre =
$47,560.00.
C. Lift Station Property Dedication and Construction.
The Developer shall deed Outlot B to the City for use as a sanitary
sewer lift station to be constructed by the City (the "Lift Station").
The City shall make good faith efforts to have the Lift Station
constructed and operational by March 31, 2008. For purposes of this
Section 15(C), "constructed and operational" shall mean that the Lift
Station shall be ready for use by the public for its intended purpose
consistent with other City lift stations and at such time as the City's
engineer has certified in writing that the Lift Station has been
completed in accordance with the plans and specifications therefore
and in accordance with applicable laws and regulations, and so as
not to delay the issuance of any requisite permits, consents,
approvals or like items in connection with the development of
Albertville Marketplace, including any certificates of occupancy for
tenants or Lot Owners. The City shall keep the Developer informed
as to the progress of the construction of the Lift Station. In the event
construction falls behind schedule, the City shall notify Developer in
writing as soon as practicable under the circumstances and
Developer and the City shall meet to determine the appropriate
method for getting the Lift Station construction on schedule. The
City's timely performance under this paragraph is contingent upon
Developer deeding said Outlot B to the City no later than July 16,
2007, and Developer allowing the City's Lift Station contractor
continuous access to Outlot B and a designated staging area for the
Lift Station construction in the immediate vicinity of Outlot B
16. 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
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 pay or incur in consequence of such claims,
including attorney's fees. Third parties shall have no recourse against the City
under this contract.
17. Assignment of Contract.
19
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.
18. 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.
19. 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 fees
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.
20. 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
agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
21. Integration Clause, Modification by Written Agreement Only.
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.
22. 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
20
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Albertville Marketplace, LLC
501 E. South Street
Belle Plaine, MN 56011
23. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE
Its Mayor
It Clerk
ALBERTVILLE MARKETPLACE, LLC
~ ~ -.
r
By ~
Its Chief Manager
21
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this `7
day of cc ~; . ~ 2007, by Ron Klecker as Mayor of the City of
Albertville, a mnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF WRIGHT )
'y~~~ -~ s) P~~`I~;J';Y PL~i~LlC~iai(i~NESOTA
~~~':,~~ i,~iv C:ortt~it. Exp. Jan. 3+, 2400
~ .... ,~,
The foregoing instrument was acknowledged before me this
day of y~~kr 2007, by Bridget Miller, as Clerk of the City of
Albertville, a linnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
Notary Pub
STATE OF MINNESOTA )
) SS.
COUNTY OF WRIGHT )
TDRI ANN l,EON~IARDT
NC~rtARY PUBLJ~C•RliP7NESOTA
a~ ~'ar~tt~, , ~l~. 31, 2009
~:.`~: ~
The foregoing instrument was acknowledged before me this 2.~ day
of ~U~I. 2007, by Philip A. Morris as Chief Manager of Albertville
Marketpla , LLC.
e- .mss ANNE CHELSEA LOHNIER
a~ NOTARYPUBUC-MINNESOTA Notary Public
y`~ .~ My Commission Expires Jan. 31, 2010
DRAFTED BY: t'`
Couri, MacArthur & Ruppe Law
22
Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN X5376
(763) 497-1930
23
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lots 1, 2, 3, and 4
Outlots A and B and C
All such property in the plat of Albertville Marketplace, as said plat is on file in the
Wright County Recorder's Office, Wright County, Minnesota.
24
;,~ , ~, . TF~ Na9-!: ao'e _.,,.''g2a.ai 0. 37 i
uG. ~~~~Za e~ ~ ~ N00'l fi'00'W ~ 8 607N $7J~T ~~
75.00 <" ._ °~U..e lC.SAH At7. J7) ~~
,- 182.97 -~ e ~ _
? __ w.xo __________ ______.«_p___________ n,n,
emu. 8 g y I ,;.,~4 g &"`°` & h ~'~
S[o- f '~.op`~~~~ ~ ,~k~ .'yam ^Q
S' ~ ~ ~ , use ~ ~ s I
~` yq ~.
~\~~~\ l~S k~ f8 '- y8 _~ _
~. ~ `,
`~F \ i ~ = I
~~, ;~ ~, 'A ; H ~ __ I, 2
3\ r~ F~ ss~4. ~ I of
.\ ~Y~3'C O~~e.i0 i
- °~\ ~r I
~~ ': yao'y ~ ~b4 IXJfLOT 8 ~
:~, \ ~` Ig
~ ~ ,
~R•1 Ig
~~ d~ r,U~oo~
~a sx o
` ~ ~
s
ti
'~9.
~~~
a
'tb 8
S~~
a
n
Y ¢ P' N
,~,.g~ ~
&a i aR
:m
~ -_ _ .A
mi ~;~
i Pf
4'~~ 2 m a~
a y ~a
~~~ ti~
t'
c aE4 e
_o Fj,',
FF 3,;e
R 39 ea
3-
5 i __-_i- 2 i ~~ ~~8 i o
~ ~ ~ F In csl o~ ~-°
~ . i I~ 0 2 k 2"'
e F ~.~ Ix ° 4 _c'
- ~ ~ T `^ la s e?`
~~ _~ ~ o ---- - v ^a s •A o
0 ~ .-r ~
a. ^. ~ ? °
I F~~~ 3~
IA ~~
~~~ ~~
a~a
~ g ~T
n
~ a ~'
~~
a- a.
ti ry'
I.}'
¢1 ~.
[sr. /-~~
~7
1~1
~_~~
m N~
r
n
r
r
n
/ pp
~E I~ \\
\~ ~ -y
C'~ --i
z
0
0
z
O
z
z
\~~
~ ~ \\v
~ 0 1 ,
~~
~~
N Z
~ - \
°~ ~
~i
D e /~
~ ~
~ /
~ ~ ~
l V A~~~ a; i
-"3 ag~ a e a§q
F-r N • x ~
~ ~ ~ 4.
(7 (D ¢ a
1S x
~ [~ R =
r~ ~
" a
~
a~~
p K . ~ d
FZ~
YS
~ n ~ ~
8
& ~ ffi
,,, t
N
' ~ O
i,~
d
I .D
I ', / o
® ~ 8 ~
~ / ~ a.
~- I ~ o
I~ ."~
o.. K ~ i~- I ~ w
o~ 1 ; V
-~ / ~ N I
tI ; .
'\~o I I
~ ~ ~ ~J' .'.~.
~!~~
~ ,~
~ ~ i ,~ ~ I
i ~ ~
.t
y'
~ ' l;
~~ '
2
~~~ ;ill
~ r jY
i ~ ! ~
~~;
,~ ~ ,.
.==~
~. , --
g ~y x R" P Q ~~ ~§ ~q " ~~n
..oo~: ~"- 3 R q •5~ 6~ ~ " 'p v'~ R9~ ~q ~ a
R~~g~4$~ ~ `a~~b`~~A~„~gn~ a !~ ? _'~ a;< q" x Sa§ ~~ ~~ c~ }6s a ~~ ~~ €a ap3 ~~e
$Q ~~s~ ~A€~~~~~~~s~a,t. O • ~ ~,3 ;~~ ~~ ~a ~?~I g"~ ~~¢ ~a q~ ~~ ~~ ;ppia ; ~~~€ ~~~
3i t~xr• ~aad~ 9d1~~~~~ is ~ b~ €~~ " ~ ~~ ~ gg ~> ~ Q~ p~ ~~~ ~ 's' ~~~'~ d
i bz A4v ~ `~ ~ .~
a~a~4 gT_ ` ~` ~b ~ ~9 a ~~ ~¢ g f~ gqq 'gy ~ ~~ ~g
~~ R
~ Rai
~ s ~~p~ ~ ~~$~t~~ 's ~g~b ~g~~
Eq ,t~~• C ~y ~ ° a q E 8.
R~ S ee I v` a•¢ S p - ~ erc T ^~~c
E 4 4 f
j9~ ~; 4F ~~ ~8 F~I ry ~ ~ g ~ ~ ~~ ~ is ; S
8 e ~ ~ E ~ S y n ~ a ~~ y i
~C ~ F L ~ 0' q a ~~ ~k~~
3' e~ ~ ~ ~i ~~ ~ ~ ~ ~ z~
~"
~------------- ~ b~~i~;;~;'6
~ ~~~ ~~
~~ ~
~ ~~~ ~(~
i~
~ ~~.,
y
`Y E
r
'~ 22' III
1 I t ;. ;,II
!'IC
~'
,
1 '} ~' ~I'
c
e.
I~ t ~ ~~~
n
~ I
"1: ~~ ;; 'j
III t~' ~ ~~ 1
f~I t! ~~ 5111t~ ~~
1 I~ 7~
1
. i ,)1 I;;
1 ~
b
~ a.
~.
~ fD
n~
4~~
N ~^'
r
n
d
P.n d ~•
a ~ I '---~ U~~.
~ ~ i~ c~~ I
p8
7
0
a
n
day AF~a i
~1 ~~ ~ n
~_
pp~4 ~~ 3
70'1" 2~~+ X
3'°~ ~y~ ;
gaa 3
~~€' ~3e
~~~ a9~ 8
z
~ ~ 2---• ~
D C z t
C -! ~~
r cc
~ C ps;
7
~+
~ ~
z i r
~
~
CD ` i
`
i }
.
~j
!;.
y X
9 a Ij
t
a
.
m a'
Z11 ^' I
~ ~ 7 8 2
~
~ }
~ 'dr
~6
~ 3
~s ~~~j ~~
r' i ] = ~ ~ fart
ii ~i ~ 2 7 ~~ #}q 1 2~ I. :~ t i i 4 . , , I-e.. ,
;;
~~
2, Z Z I~ i. j ~ 1 ~ A ~ j ~ ~ (;1212 ~
rs~ ~ ( j)7 ~~~ ~!i 3 7 jjj
i ii
~
}~ ~
;
{
~~
f
~
7 3 I
t J~
(( w
?
1
t 2
~
4
ri
j ~,Ti
~ ; 1 3
}
t
~ #!
; -2'23, ,.~;
t~
il~
~i~
d'I
~~'`~ j
~ a
aw
~
}
~
~
~
r
11
~: }~ r~ ~} r~ f t 2~
2 j P t` 1 f~ ~atfi
`
~
2 ;
~i
2
C } > i 7 j 7~ ~
} 9 ` 2=
2=
~i ~ ~ ' ~ s 1
~~ 2 3 t~ ~ti ~ i e t~
~:
~ jr
{ 9
}
il
'~i~~~~i~i xii~'~~I~i~'~~fj
S
i 1'
~
s
i t ;, ;;, ~ ~f ~ e ; j S - ; ; ~ , ' ~ , ~ ;i a
I
} t 1 I
~ i t 1
~ :i ~ i
~
s ' ~
(
ri
~i
~
i ~ ~ I 1 i i
i tj ~vI tj ~ l ~
~~ 3
r
y t2 {i.~ ~z Z i7 1 { - 1 ~7 i
t f tf ' r' i ~
t 1 ~d t~1 y ?i I; f ~ -#
f
2 t
: ~ rii j ' ~
±
3
1
~
'
1 ° 2
!
1
1: - ~
~~ ti ~
a
e
S
F
O
`-- wn+1~1~
~~
~ .
2a~.
~~~
~
3
;
~
i ~
xp
I
~~~~
h tfr 1I
r
1 1
~~
,1 j ';
`
i ~ '~
~
~~ ~
ooa~o
~ r
;~~ ~~?
_ t,
e' ~~~
`~
i
1 ~ ~ `
f
-~ •
~ ~r ~
11
~ I
i 1
Ir
I
~
1~
~ ~ t6
'y
`~ ~
~_.' 1 ~
~ ~
~ } 1
2
~ ~
~~ ~ I ~
I
N P. 1
~
~ ~ R
~
~,p 1
ff
~~.~ ~~ I 1
1
I.~
_r t I r
d y ~~~ I
,~
a ~ ~ f
a
!11
~;
~~
~ 'i I
~:
1
I
.:_, ~ 1 ~I
i
1',~1.
f *t,~~~ I
~ Q! O;R 6
kp x
~
~ <r
1 ( [ c
~ 4
#
~
~
,,
t
I. i
Ii
}
-
- ~
^
S
2
I 0
1`'t
F I,
~ q ~c>~
I ~I i i~
I i~
'~
N
1
STREET A
g -
~ z
D =~11
1 ~ ~~
w ~
~~ a ~ m
-~
z
i
I
I
I
I
~,
o
z
o
r ~
r
m
STREET A
Dcn Z~V ~v ~~~r0 ~.
m D ~ S rn
Z~(-~ ~S Z
ODrD-~
'
D7
O~ r~Z v ^'
-+ rTt D O p -1 D
Or O
Tl -0 Z ~~
=
-iD 2 O N
SG Oro z G~U7
U:OZ z7~
m~
Z
pN Zmrn ~-.
D ~
D I -
g c~ cr rn
~ -
z~~<_ ~cn
C i y
r
~j0 r c
rn
O7
p ~=
p. m n
Z
Zm~
D O
zN O 7
O
p
~ '=
~
o 'n
~ -+
~i O =T
~-~m= _~ -ac
$~ ~ ;~
z~o oo ~~
~
m r ~ ~
Z m~
O ~'~ Om =~ ,,,~
S m O ~ ~= OL
z
~
A ti ~ m D
= r ~
~
C~ r W p
z Z
O
p ~ ~
~Z '
~(
Al
rn ~ ~~ O.
p ~-i rim
O C: p r" m pD
m 0 r f
X z c~ =
~ Do °
~}-
~ [7 C7
czn oD rr*i
~ ~ z ~
>G
' - r
'~r
_ "
T D TI Z
r Or*t m Z
Zn N
r ~J ti ~ f'l
y ~ _, ~ D
-1 D
~
G Z
Z G -1
S
c
~ ~
w
0
O
i ^ 'I
i j I ~ ~ i
0
r~
0 0 0 0 0 0 0 ~ ~
~ 00 °o
I °'
I `~'
I I t z I~l
w N N y -i
~ ~
O ~
z
~ ~
z
W O] LU O~ N -~ ~ '~
m ~-~
z
N N N
I N N (n D
t
07 I
O) I
~ rn
x rn
I x I
Q~ I
6~ N
fTl ~
x' x_ x' 07 6~ ~ ~ ~ -'I
rn rn m ~
~ ~ o
~ _
~
~
~A
w
~ N
~ -1
~ -I ~
' ~ O OD
w
p ~
~ ~
U'~ U! O
- w
(n `„
O ~ Z
D n
- - ~
r~
r~
t
~ii Z7
i
E}
' s 1 ~ ...~ 7
r
~~ ~ c
~ 9
~
~ ~ {
1q
~w ~ NN ~I
i l
w ~ I l l
w -' l
zy
o~ o~ tv _ O
I
N
I
N
N I
N I
N m
~ r
co a~ N '~ ~ CJ
~ m ~
N N N I ~ ~ _
N N N I ~ c ~ D
~
~ D ~
iv
~ N_ N z ~ z z
-- O
~; im r - (7
o --~ ~ D
O ~
I, ~ ~ ~
'.U C/7 O
N ' I ~ N
~
~ f
T'
~ r
Z
~ C- ~ O
z ~ ~
m
~~~ ~~~
r~~ ~~
~y~ ~ ~
a~~
p~~~~
7p
A
gc -C,+.
1~e= ~-~
.~
~ V
n
lD
['~
n
~^"l"1
e-h .P'~]
~~ F
6 ~ ~~
I~
e
I! o
1'. I g
,,
_ i ~' ~
t'"~~~'~~ ~~s _ --
v - t.: -
r
-, / - ~- . ~ I I I
2 - / Vii, 1.. ._
,r _ -- I. ~,~ z . -
.. - '
f, _ ,, _ I I; I II
~~ _
~~, ~ ~ I-
T ~ ~
-- {
_t~ d \ >\ __ n I I iI
'~~ ~ J\~ ~ 1 I I ~ I ~i Ili i
I
I p III
J
__.~ A
,. _- , .
(I I I 7
1'.
d _ (, I I' I
5 ~ ~ ~ I ~ ~ 1~ 1 i i
~ .. \\- I Ili
le
C \`~ $ ~~ 1 ,/ ~ I I ~ I ~' III ~ ~~ '
I ~I ~ ' I I
~ ~~'' ~ ' ~ / ~ ~, ' ~ ~ I
~~~ ~ ~ I ~_I t i ~ i ~~ i! III I~ i
... ~ ~ ~~- - fi I, Ids
o ,w ~- _~I -. I I , I iii $ '~
,, n t.
~= I I 4f f
~ 1~~1' ~ ,
~` ~ i~ I ~ - - I I ~ ~ ~ 1
~ ~~ ~ _t~s~~.. ~J I9~ ~y= ;_-~.' II i~ I ,~I I li
I I~ ~~ .~ U 1 I. I t ~ ,, IIII
/i 1 _~I 11 IJ I I. I I. III ji
~l V I 1 .. I I - II „I i
9 v, yT, i >~ , I ~~ I -~ Q ~I I I i
~ I:~ f I ~ ~ __ 1 it Rai 1 v I,: I
I
I
_ _. ~ I
I
- i I.
I ~ j
~...
(~ - I I ~.
z ~ ~ .':
1
,, ~
I. _ ,.
~ _' ' -'
Q _._ _
;,
Il
O i ~ l; ~ j
z i ~ ~li
I ~ li_ i l
,~
i ,I,
tG I II
k I
. l .~ i lL_ __. _. ' __- _. _. ..
~" ~ ~ ~ ~'
., ~,
~ ~• rt
,~ ~, '17 ms
y ..'
o
_~
I ~~~Ii I
(1 ..
3^
i a ~,
~$g5
a ~<
~~
e
0
- ;, o
-" ~ ~
i
,, ,... i
.. _._~
~ r_ , .-
, - _. -,
__. o
... ..
0
o
~ ~~~ ~~
~~~ ~~~
~~g ~
a ''pp~
~~
ro
C
~ `~
~~ o
~ •, -~
~~x o
~, fi 7u
^ro O
lD
n z°
~ ~
-~
n `~
~ ~
~ ~
~•
CD Q'
Cl.
b
w
C
b
~6
i ,:; ~
~ ~- .
`'-
~~' i
~. i
-.
~
~
\
- .
~,
--~ ~~
~
. ~ ~~
O t ..r'', I ,.,.
.
s1 0~ . ~
~
n ~
\
~
.. ~ ~
~ ~ A
n ~;;; / _ ~
~~ '~ ~~
/ - ~ ) ' ;
r ,-~ ~ ~~ ~P ~" ~
~
~ ~ ~ ,~
~~ , ~~ ~ ~
i'
~' ~
~ ~ S
~~ ~'
~
3
/ ~ - ---
~ -- __
~ _._.
_...
/ /
~ ~
!;';
~~ ~ ~ 3 ~ ~
~~ S m ~ E
~F S ~
a E ~ ~
R
~ ~ V
S
F
N 8
0
~ ~
P._~
I
C II
O I'I ~I
y;~Ii~
Z . i .w...
i i
~ i
~ ~Il)
~I~.i
btu
h
~!h,,
yS ~r
C I i
,.
4
i~ ~I,~
~ ~ 1~
i ~
a~
~~ ~ ~~~
~~ ~ ~ ~,
a ,,.
.' ~ ~,~~,
i
~ %~_
i/., i~,
'~ ,~~
;_/ ' ~
I , Ij
i~
'i~
I ;~ i
,.~- ~
.,
s l i
~,~ ~.:
i
~ ~ deS E~ ~ S a ~ y
p
d ~~ ~ a a ~~~ R
m
g 8
:;q $j
P
%S
~
a
a
_,~ Iv
° a
_ ~
^
~
__ _., i .`.
_ ~
e sc~ ~ ~ ~ ~ 9 ;~
~NJ ;~ ,gbh ,~ g
~8 ~ @
$~
inn V ~ d E ~ CZ
a e ~ q{q
Dn ~~
~
ag
$ 3
R6
e x
t~ ~ k ~ a~a d
2 3g $. 5 $
$ S
~ ~ $
R
~ ~ ~
~? p
~ ~' i e Z b
P ~ ~ ~ f ~
55
~~dd
~
~
c6
y
3d ~ A
s a
Gg
g
:
~
~ ~~sp ~S ~N~ 7`
~
R ~
a
~~~~
s~
sy z q
F
i5
a
~ ~~~ ~~
r~~ `~
~~~ ~ ~
p ~
7
'~
i-~-b
~ '.~7
rr
i ~ /`~~
~~
~~
7C''
r
N`d
n
r
r
n
~. ~ ~ - €
E~ dl ~~d~ ~~3d ~'di ,7
a.~ as a;;a ar:x t~;a
ea a3 a.e~ 9.eg .ee
e. Fa ~§Fr, ~ye~ aye.
i~ s= G~ r9reppi !ii O
G
€~aa ~€ as at ~a ~a at
ssas a~ a= a5 ay a: a<
4~Y~ rF ]~,~ is ? is ~:
a 2 Ft IE
a€} gc yy ii » r= x-
~~ dd ~~ ~~ l.~Fi ~~ ~~
a, a~ a= a+ ,~a= a: a~
F6 Y~ i7 zi ~"ei Fi e[
s4 ji of rk rYY fY b°
as a~ as
Z a~ a~ a;
~ z~ a; as
,~ ~. ~...
~ x~ g, a
O
z
z
$a~a~
k2€;
~~ 5
~
~
~ ~ a a ;
A~.=~
'~ C Fa~~
~
~~l
~ ~ I
l
X I F
~, 6
~, ~
~~
,..
rt
:~ x N 8
~ ~
e b i
a~A,~
/ 11 __
3~'dys~
G !~
;~
~~
~'
3 1
i!
3;
=i
~;
~~
~~
k
E
u~
t
g
~~~s~ ~~~'°~
~~ ~~~a
~~~as ~c ga[~
~~ rg ~s~`
z ~ e ~ ~~
a~
~~Aeg 3~~pR
@9~~p4 ~~~'_~
~ ~°
~~~~~~
~ ~ ~ s a ~s.
~ ~g ~c as
A .six
.p ~ a
4 A ~9
~ ~ ~ °~ ~ Eb
~~ ~ ~~ _;
cz
x ~ ~ ,¢ ~ 33
e ~ 3
A a
f ~~ E
k~ ~
P ~~ Z
y ,~ 7
t
~ i~
0
~~
G
~O
O
I I i
o
.fl;~ U
~ '~ -
;II -
~ z
~ II ;~
~~ ~
II ~
~! I
21 ~
~i
.i
i
it ~
~~~
'F~
I
i
i I
IFI I
II
FI ~
~~ i
I~ I
II
II
~~
~~
,~
~F~ 1
~¢
z
_~~~
z~=~
3'~;
~o~^
~~ ~- _~~....._-t-; o
,~ _
,,_.
- 1` i I o
,, _ _ „
_. ~.~ o
~ / I 4
y
~I ~y -. ' ^ -- ~ a
}. ' - ~
tJ ' ~~ ~ -c
~~~ ~~~ G6 ~~ yam' _ ~ -- I = o
~ ~ ,f ,. _ o
_ ~ ~ ~ -,,
\ V ~ ~ _ .
/ ~{
~ ~'~< 11 ~'\ ~.. ~ _ I I
c ~ - ~ - -
t\\ it ~ _ > ~~~ttt''' ~i
\ ~ '
~~' ` ~ i it y
ill _I_ i ~ 1-I~~II.'
\ ~ I I ~ / y V / e~~~ II 1 ~-~
)) -' I
_ \ Q 1 , ''r ~~ I ii ~ 3~
^ ~ I
~ O ~- ~._ I i II. I d ti~
' ~ I
r i
i ~- - i e
-i - I fi
a ~- n I rz`r - -~ -r' ~ I r I I
/. ./, rte- _ ,~~ ~ I`.r~ J s ~^,~ i I ~il~ IL .
I F-
i '
a I ~ ~ ICI - ~ I,
, t p di
~~
I. I
_~ II, c t ~ i ,~ I '~ ~
~; t i
• ~ ~ -- - ~ ,
C ~ d ~ 'O 3 n ~ .4- \ I I i i I
~"~ ! ~, , ~ ,A I ~ ~ v 9 I
_ JII~ .•
~:. ~
CD '- - ~ A
_.
~ 1-,
- --
- - ~ -- _ - _
7 ^_.. _~ ~ I+j
isuc ~ ..~ '- I ;
~~ -
---- -
r,. _- ---- . ,
o ~ I
w z ;
m ~ k ~ -
r , L, nll ,,II
[-' z
n
~~~€~ ~'
~L=ig
s
~ ~ ,.
gg
SR
P~s
~
~'}
V ~ 3
M
~ ~ M F R
yy~~
r ~+ ' ~ ;
~ t~ :! -:
fD ~ I:: .
o 8 e
R
~
H '
n ~.
ro ~
rr
l _
~
z
~ p
'
~
• ""'
'~ d i in
$ ~ ~V ~s
m~
~
o ~
.... ~ ~r k
i
% ~~ o
- r.
._.
6 ~Q ~ p o
A~ / y..°~
~ ~ a- " ~_~
~ ~ g,L~~~ :: :: ''' ti'; i i o
;~ ~~ -:-ter, ~~::~~. o
~.
,. 1
` ~ '.
.r r" ~ jI~',~ ~~ ~~ ~ F /.
FA ~p~~ CFA / a„~ Oa a:,~ ~F '- x ~~ ! ~ ; ` ~ ~ ~~ I ~t~ _ ~
IGL. i- i i ~r
~,~;~ ~P Ord ~ '~ \ ''~, • \~ '` ~ ~. ~\~~ ~ ~ ~I~,,~~ ~~
4 d \ ~i ~\ ~
~o~ i ~ I !~. I ~. ~ ~. Ibz ,, ~ t~f I 1
8 ~ ~ ~ I I _
1~-~ ~ b /~~' ~ ~ ~ '~ ~ ~a"~-' J }~\~ ~ :'k9_ ._~q~ap !~ I~il ail
b ~tl, ~."w t, 0 i~ i' Ali
.. ~ _.. .
~ ~ x FAy a. S9C p 2~ gg~ €P RC - ~ ~' ~' A ~ ~~,R 8 ~. ~
jj gg~ P Epy ~a ggSA~~p£{ ° ~~ ,r ~:y5y. Y - aR~~'. T~q' dl7- R ~ i~ 3'bt 'F., ~~
r ~ F £A~ ~j f~7d ~ ~; ~ ~y~~ ~Qq-~ ~ff~~~M~ ~ g~ ~ 7 ~F ~~~ ~~'~ N~~ s~~~_$ ~~ ~~E~~~ ~~~~~ ~~~~ ~"~ - ~ ~'
'9 H Fn G ~ k ~ y4a A ~ ~'y 2 ~~ ~ ~$ g~9 Fi$r Rg~ ~q°p~ a o~~H° ;'qy~ qA~R q~~ q~~ Qp
n § € ta; ~ ~ 5 ~~ <~ 4_ ~ ~ ~ ~ ~ ~ ,. x a~,a ~ '~~ xs -~.~ $ g2 q Q ax 6R` f
$ ~ gg ~ ~ H ~ e ~ ~ gg ~ 's ~ a ~ $ ~ ~ x q ~ ~ ~ ' f" g y t 81 a ~ ~ d ~ ~ ~ ~ R f ~ d 9 E a g ~ ^ m
A YF$ F'AF A P£ ~° A+ A ~~~2~# ~ ~ a ~ f A~ ~~;~+ ,~A ~.~Y~~~@ -R$Fq& '6dI~A xR~ a~~. ~n~
O ~ $ a $ Y~@ ' ~ ~ r xA$~ E~~A~ ' $~ ~ ~ ~~ ~$~~ Ag ~ 3~ ~ g a~ a~ ~`$b ~ ~~~ 00
.j ~ "s $~~ ~i 1 $ a •~ ~$,~ AgA ~ ~ d' ; ~s.- p ~s`$3R ~ ~~~_ ~~ ~ ~ ^ a»~ ~
-rl a s eRa ~ ~$ a t - ~° ~ cAS ~ q 4~ `~ a ~~ ~8 ~a A a$. ~ a-•• ~~~ ~~ ~A °F~
.Oy ~ d 5~4~ ~ ~~q ~ ~ P ~R ~^~$ ~~~~q 4 ~~'a ~ ' ~ ~8 3I~ ~~ ~GxF9 ~ q~ ~ ~ ~';~ ~ g~F
n ~ ~ ~ A ~ ~ A b~ YYYS~'s°~~ ~~~~¢ ~ ~ ~ ~ ~pa bR^ ~~ ~g€~l~ s ~~~$~~ n~~~ ~~~ ~? ~ ~ o
~ ~ ---+ p ¢ ~ As ~ ~ ~ ~. a a~x ~ A~; ~ ~ ~ Is $:~ ~ $~AP ~ k°~ ~ 3, A ~~s o'
~.~.~1 pp p yip g 33 t~ 35 s~ g~ ~~~~
V z Q ~ S ~ ~ a^ P~~~I ~ F'~C=~ 9 F S ~~, a~ p ~~~,'~ ~ ~ a~ "Zp ~ xq " a
x /* ^3 ~ ~ f~> ~~ ~ ~ ~'~ ~4x~ ~34q P° ~ ~ y~ ~~ ~ qa~ ~~ ~4~ d~' ~ ~~g (7
l N 7c1 q ;d ' 4a x ~a t~~ = q° ~ ~ d p 'r<~ yL a ~~ 4~ RrF$,~ ~ ~ ~ °~~ ~
l V ~ [ - S ,R? ~ bx ! Ll x"q q~ 3 i9 x~° ~i A
rt ~-~- !...,,--i--,,,{ 9~ ~ ~a ~ o €~ ax~~ ~~ ~A t ~ a PFD L~~ '99]ga A~E~ ~ ~q~Q~~ a~¢"~ ~$~ '~ ~ $ ~
-'~ C O z ~~ ~ 46 ~ a ~t d2~~ ~g~ e " : €e F°Y ~~ ~ A~ 6 ~ffa~d~ ~a$ e~$ og a
H.,r --+• Z ~ ~@ €~ ~ Ashs 9 R: ~"~;s ~ ~ ¢ s~ p~d 9 '~~ "a ~~~p~ a $$ $~a i~ z
m
~D ~ ~ ~, a ~ ~ ~~~;~;
~ :i i . f
d G1 ~ p °ss ~~ =o a~R=~ooooooo~oo o~ooo ~ z'~
'~° a~a~s Oq a~
A PN no
... ~
r
~~~~~ ~;~
i
:~~~ ~~ ~ ,
~ o~ ;~ ~ rtp
_C
iz}~ ~~ ~ ~
~7~~ ii t
~~ ~ }~
~~ #~
~~
~~~ ~~~~
Y#~ ~~~~~
g
~~6 ~Fi~~ i
r ~_ ~, d
~~~ ~~~
~~ ~~~
s l - a ~:
$i ~s~ i~~
~~ ~~~ ;
i .av
~~ ~
4:
~~ D
~71
O
~~ ~~ ~i
~° ~= F~-
~~ ~~ ~
~~~
f1
-~~~~
~\]` o
T ~ N
d N T
~~1[~~
T T
~~
~:
~~~~ _~?
~~ ~ ~~i~~g ~~~g ~~
q
~ ~~~~
.
~~~
~
~ ~~~~
;ig~ ~ ~~~~ ~~
~~~i; ~ ~
~ i3
=Y~ ~~
3~ ~
o;
~
abbies' ~ l~i ~~ ~
~
t~
a ~i~ =
%~ a
v
~~
g
RS ~~ ~
}
7 p 4YS ! q N
~ _ ~~~
' ~I
~ 2~~~~ ~7
~
~ d7
~ ~
~
~
W
i ~
, ~~~~
~
I n# ;
a
Y
t~+.
•
D
m
~F ~~ '.
o~ D
~ _~~ ~
~ ~~~
ril e r"
n
~~~
0
~;;- _
fn
p u~i~ y
T G T T
T
~ m
~~
'"~ v, r
Q _. ___-
__-
- ' - I
Z
Z ~ ~
m
!
m gy
Z
1 y.~ ~--~ ~ _L?--
~~ ~~ >:
o ~ ~;
~~ ~~
R n~ A
~~~~~ r
C
m~~ C'1
x~~~~
~ I~
i -q
c
`~ ~
W __.______-- ~
-- -~ ~
1 _ j_
I~
jam:' H ~ .y..
I
~
~ ~~ ~
~
~ rn ~ m'
!
n~
n
~. rn
~ ~ ~
~.
~v
~a ~o ~
~~
~~~~~ ~:
m~=~~ ~
~=z~~
~~ `~
~o =~~qo H
W U 'r1 N
~I T T
~~~ALBERTVIL,LE + ~ .:~..~.~~ ~.~,
MARKET PLACE I
MORTGAGEE CONSENT
TO
DEVELOPER'S AGREEMENT
Vermillion State Bank, the holder of a mortgage on a portion of the Property, the development of
which is governed by the foregoing City of Albertville Planned Unit Development/Conditional
Use Agreement Albertville Marketplace (the "Agreement"), hereby consents to the execution
and filing of the Agreement and subordinates its interest as mortgagee in the Property to the
Agreement.
Dated this ~-~ ~`' day of July, 2007.
STATE OF MINNESOTA
ss.
COUNTY OF .`t~4 ~c=`~`~°
VERMILLION STATE BANK
By:~~..kf~C1`, . ~
Its: V~~~ ~t'a31>~3~T
The foregoing instrument was acknowledged before me thisday of ~~,~ ,
2007, by K~yr~ #~~~2~ ;' the Vice Y'!ZG"~si~ ~ t~ of VERMILLION
STATE BANK, a Minnesota corporation, on behalf of the corporation.
of tae.,.,
~.q:,.,~.,~ ~ JOAN M, OBRIEN
Notary Public
~`~~~,~€ Minnesota
~~1 ~ ....~ ` ym
~xser• My L'ommission Expires January 31, 2008
,r_~_
~~, C--« >
Notary blic
1145766.1