1985-10-02 Development AgreementRamier and Gries
Attorneys at Law
October 2, 1985
Mr. Gary Meyer
Albertville City Attorney
Albertville, MN 55301
Mr. Kenneth Barthel
c/o Barthel Homes, Inc.
21370 John Milless Drive
Rogers, Mn 55374
George R. Ramier
John R. Gries
David J. Lenhardt
402 Park National Bank Building
5353 Wayzata Boulevard
Minneapolis, Minnesota 55416
Telephone: (612) 542-1000
RE: Albertville Industrial Development Company/
City of Albertville Development Agreement
Dear Gary and Ken:
Enclosed herewith for each of you please find two copies of a
proposed Developers Agreement between AID and the City on the
lots described. Please review it and let me know if you have any
questions, changes, etc.
JRG/ wr'l
enclosures
Very truly yours,
HN R. GRIES
100 East Central Barthel Building
P.O. Box 35 21370 John Milless Drive
St. Michael, Minnesota 55376 Rogers, Minnesota 55374
Telephone: (612) 497-3099 Telephone: (612) 428-2285
Ramier and Gries
Attorneys at Law
October 14, 1985
Mr. Gary Meyer
Attorney at Law
Albertville, MN. 55301
RE: Developer Agreement
Dear Gary:
George R. Ranvier
John R. Gries
Daniel R. Sandell
David J. Lenhardt
100 East Central
P.O. Box 35
St. Michael, Minnesota 55376
Telephone: (612) 497-3099
I am again enclosing copies of the Developer Agreement regarding
the bituminous improvement to the street. Notice that the change
I have made is to show that the propei t-I presently do have
storm sewer, but do not have bitumir1bus surface or curb and gutter.
Let me know your response to this Xs soon+ as possible.
trvfk ours,
R. GRIES
JRG:pd
Enc.
402 Park National Bank Building / 5353 Wayzata Boulevard / Minneapolis, Minnesota 55416 / (612) 542-1000
DEMIQFER AGUMEM
AGREEMENT, made this day of October, 1985, by and
between ALBERTVILLE INDUSTRIAL DEVELOPMENT COMPANY, a Minnesota
General Partnership, hereinafter "Developer" and THE CITY OF
ALBERTVILLE, a Minnesota Municipal Corporation, hereinafter
"City".
W I T N E S S E T H:
WHEREAS, Developer has caused to be platted a plat known as,
BARTHEL'S INDUSTRIAL PARK, located in the City of Albertville,
Wright County, Minnesota, which plat includes the following
described residential lots:
Lots 1 through 19, Block 5;
Lots 2 through 6, Block 6;
Lots 1 through 10, Block 7;
Lots 1 through 6, Block 8.
and;
WHEREAS, the city streets providing access to said lots in
accordance with said plat, namely, Lannon Avenue, LaSalle Circle
and Larabee Circle, do have sewer and water service, but do not
have bituminous surface; and
WHEREAS, Developer has sold and intends to continue to sell
the above described lots located in Block 5, 6, 7, and 8, prior
to the above mentioned street being surfaced with a bituminous
surface and;
WHEREAS, the Developer and the City desire to agree in
regard to the payment for bituminous surfaces to the above
described streets in regard to those lots which have been sold by
Developer at the time the bituminous improvement is installed in
said streets.
NOW, THEREFORE, based on the mutual covenants contained
herein and other good and valuable considertaion, it is agreed as
follows:
1. The City does hereby authorize Developer to continue to
sell lots owned by Developer and bordering on Lannon Avenue,
LaSalle Circle, and Larabee Circle, which lots are more
specifically described as follows:
Lots 11 through 19, Block 5; Lots 1 through 6, Block 6;
Lots 1 through 10, Block 7; and Lots 1 through 6,
Block 8; BARTHEL°S INDUSTRIAL PARK, Wright County,
Minnesota.
prior to said streets receiving a bituminous surface.
2. Developer does hereby agree and does hereby guarantee,
on behalf of the partnership and the partners, to pay for the
cost of bituminous surface streets bordering on the lots
described in paragraph 1 above allocated to those of the above
described lots which had been sold prior to the bituminous
surface streets being constructed. Payment shall be made as to
all of said lots which have previously been sold after the
bituminous surface is installed and after the City has determined
the cost of said bituminous streets attributed to each of said
lots but prior to the sold lots being assessed on the county
records for the cost of said bituminous surface. Developer does
further agree to pay the assessment against all other lots for
the cost of said bituminous surface as well as any previous or
future assessments when said assessments are due.
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3. The agreement by Developer in paragraph 2 above is based
on the presumption that when Developer sells any of the lots
described in paragraph 1 above that Developer will sell those
lots with the understanding and agreement with the buyer that the
Developer will pay the costs for the bituminous street surfacing
attributed to the lot being sold to buyer. In the event that
Developer sells any of the lots described above to a buyer with
the agreement that the buyer will pay the cost attributed to that
lot for bituminous street surfacing then, Developer shall not be
obligated to pay the cost of said bituminous street surface
assessed against said lot but rather the buyer may pay said
assessments as they become due.
4. That except as agreed herein, all previous agreements by
and between the City and Developer in regard to the payment for
assessments and the further development in Barthel's Industrial
Park, Wright County, Minnesota, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first above written.
ALBERTVILLE INDUSTRIAL
DEVELOPMENT COMPANY
By:
Its:
THE CITY OF ALBERTVILLE
Its•------------- - ---
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The foregoing was acknowledged before me this day of
- --- --------1 1985, by ------------------------------- the
of ALBERTVILLE INDUSTRIAL DEVELOPMENT COMPANY, a
general partnership under the laws of the State of Minnesota, on
behalf of the general partnership.
Notary Public
The foregoing was acknowledged before me this day of
-----------► 1985, by - - - - - - - - - - - - - - - - - - - - - - - - - - - - . the
--------------- of THE CITY OF ALBERTVILLE, a Municipal
Corporation under the laws of the State of Minnesota, on behalf
of the Municipal Corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
RAMIER AND GRIES
402 Park National Bank Building
5353 Wayzata Boulevard
Minneapolis, MN 55416
612/542-1000
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