The URL can be used to link to this page

2017-12-13 CUP/PUD Development Agreement i CITY OF 1LBERTVILLE 5959 Main Ave NE Albertville MN 55313 763-497-3384 Transaction 810.8840 12/13/2017 03:23pm Tracey @ P0S10-HP Trunk Access Charges $1! .440.00 Hunters Lake Estates TRUNK WATER FEES $15,400.00 Hunters Lake Estates Admin Fee $12,978.00 Hunters Lake Estates Park Dedication Fees $59,400.00 Hunters Lake Estates Receipt Total 104,218.00 Check Payment (L. r; 104,218.00 o * � � 3 ' • Doc. Na. A�350798 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on December 22, 2017 1:00 PM Fee: $46.00 Ck#333063927 Code Check Tanya West, County Recorder CITY OF ALBERTVILLE CONDITIONAL USE/PLANNED UNiT DEVELOPMENT AGREEMENT HUNTERS LAKE ESTATES THIS AGREEMENT, entered into this �f� day of December, 2017 by and betr��een Carlson Dingman&Hansen,LLC, a Minnesota Limited Liability Company refereed to herein as"Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota,hereinafter refened to as"Cit��"; WITNESSETH: WHEREAS,Developer is the fee owner and developer af the real property described in Exhihit A,attached hereto and incoiporated herein by reference,which real property is proposed to be subdivided and platted for de��elopment and which real praperty is subject to the provisions af this Agreement; and WHEREAS, Developer is proposing to subdivide a portion of Outlot C of Hunters Pass Estates into 18 single-family residential lots and 2 Outlots, which are described on the attached Exhibit A. Said subdivision which is to be governed by this Agreement is intended to bear the name "Hunters Lake Estates" and shall be hereinafter refezred to in its entirety as"Said Plat"or"Subject Property"; and WHEREAS,the City has given final approval of Developer's plat of Hunters Lake Estates (attached hereto as Exhibit B) 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, sidewalk,trail(s), curb and gutter,grading, sanitary sewer,municipal water,storm sewer and drainage ponds(hereafter "Municipal Improvements")be installed to serve the Development,to be installed and financed by Developer;and 1 �� . � t � � ° t:=fi��lh'{i�lii3�fj�:�'�.,....�.�_�„_....,,,1�c� • { • f • � WHEREAS,the City further requires that certain on- and off-site improvements be instal3ed by the Developer within Said Plat, which improvements consist of boulevards,top soil and sod, grading control per lot, bituminous or concrete dz�veways, drainage swales,berming, s�•eet signs, street lights, street cleanup during project development, erosion control, landscaping, and other site- related items; and WfIEREAS,this Agreement is entered into for the purpose of setting forth and memorializing for the paz�ties and subsequent owners,the understandings and covenants of the parties concerning the development of Said Piat and the conditions imposed thereon; and WHEREAS,the City and Developer's predecessor in title have previously entered into a Developer's Agreement titled"City of Albertville�onditional Use/ Planned Unit Development Agreement Hunters Pass Estates" dated August 12,2005 and recorded as document number 984963 at the Wright Coun#y Recorder's Office ("Master Agreement") under which the City granted preliminary plat approval to the plan for the area covered by said Master Agreement;and WHEREAS, Said Plat is gaverned by the Master Agreement, except as may be explicitly modified herein; and WHEREAS,the City and DeveIoper desire to supplement the Master Agreement with the site specific details applicable to Hunters Lake Estates, as evidenced by the execution of this Agreement; and WHEREAS,the City and Developer desire to have this Agreement and the Master Agreement read together as if the enti��e Master Agreement were recited herein,with any conflicts between the two documents being resolved in favor of the language set forth in this document; NOW,THEREF4RE, IT IS HEREBY AND HEREIN MUTUALLY AGREED,in consideration of each party's promises and considerations herein set forth,as follows: 1. Preiiminar�Plat Master Agreement. A. That certain Developer's Agreement entitled "City of Albertville Conditional Use/Planned Unit Development Agreement Hunters Pass ' Estates" ("Master Agreement") between Hunters Development, LLC ' and the City of Albertviile, dated August 12, 2005 and recorded in the Wright County Reeorder's Office as document number 9849b3 along 2 . , � , , , with any recorded amendments zs hereby incotporated herein the same as if the text of said Agreement t�vere contained within this document. B. It is the intent of the parties that this Developer's Agreement ("Deveioper's Agreement") supplement the Master Agreement as to the specific development issues related to Hunters Lake Estates, and , that these two documents be read together to determine the rights and obligations of the parties with respec# to the properly contained within the Hunters Lake �states. In the event of a conflict between the terms of the Master Agreement and this Developer's Agreement, the tenns of this Developer's Agreement shall control with respect to any conflicting issues within Hunters Lake Estates, but any such conflicts shall not aiter the terms of the Master Agreei�nent as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Master Agreement. 2. Planued Unit Development. The Subject Prope��ty is hereby allowed to be developed as a Planned Unit Development with flexibility fiom the strict requirements of the City's Shoreline Regulations and Zaning Oxdinance in relation to selected items detailed in this paragraph. A. Developer agrees that setbacks shall be cansistent with the following requireinents i. Thirty foot front yard setback frorn the public right-of-way for the principal structure, including garage ii. Twenty foot front yard setback for a porch iii. Ten foot side yard setback for the principal structure iv. Five foot side yard setback for the garage v. Thirty foot side yard setback from the public right-of-way vi. Ten foot rear yard setback for the foIlowing lots: 1) Lot 3, Block 2 2) Lot 4, Block 2 3) Lot 1, Block 1 4) Lot 2,Block 1 5} Lot 3, Block 1 vii.Thirty foot rear yard setback for all remaining lots B. Developer shall install trees, shrubs, berms and screening as shown on the landscape plan attached as E�chibit C. 'The rear-yard landscaping required of all yards abutting 70'�' Street shall be installed witlun 30 days of completion of mass finat subdivision grading, weather permitting. Any other la.ndscaping shown on Exhibit C shall be 3 . � . � installed no later than Octaber 31, 2019. The Developer shall guarantee that all new trees shall survive for two full years from the time planting has been completed or wili be replaced at the expense of the Developer, except that 70t�' Sheet rear-yard landscaping shall be replaced by the Developer if it dies prior to the issuance of an accupancy permit for said lot even if such two-year period has elapsed. C. Developer shall instail and maintain wetland demarcation signage at the boundaries of the wetland buffei•. The sign design and sign locations shall be approved by the City Engineer. D. All buildings const�ucted on Said Plat shall adhere to established architectural standards (design guidelines) for the Hunters Pass subdivision, as adopted by the Hunters Pass Estates Homeowners Association. Al! decks and/or porches shall be designed to fit within the approved buiiding setbacks set out in this Agreement. E. All buildings construeted on Said Plat rr�ust be constructed at least tl�ree feet above Hunters Lake's ordinary high water level of 947.3 feet above sea level. The lowest floor elevation for all homes in the Subject Property must be at an elevation of at least 951.3 feet above sea level or higher. F. Developer shall deed Outlots A and B of Said Plat to the City of Albertville upon the recording of the finat plat. 3. Coustruction 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 Hunters L ke Estates, as prepared by Civil Engineering Site Design dated �y�� 7 2017 and on file «+ith the City Clerk, said improvements to mclude installation of bituminous street, curb and gutter, sidewalks, water mains, sanitary and storm sewers, starm water ponding and site g�•ading. 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 it�stalled by Septeniber 30, , 2018, except that the wear course of bituminous pavement must be installed after between June ls` and July 3I5` of the year following tl�e installation of the base course of such bituminous pavement, even if this requirement causes the wear caurse to be installed after September 4 � . t . � 34,2018. B. The Developer shall provide the Cit�� tivith record drawings for all Municipal Improvements, consistent witl� City requirements and subject to reviev��and approval of the City Engineer. Record drawings shall be certified by a registered land surveyor or engineer that all ponds, swales, emergency overflows, and Municipal Improvements have been constructed on public easements. G The Developer warrants to the City for a period of two years frorr�the date the Cit�� accepts the finished Municipal Improvements that all I 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. Aeceptance shall be by City Council motion or resolution. D. 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 Ciry with all applicable lien waivers, the City resetves ihe right to draw upon Developer's surety after providing Developer with 30 days written notice and pay any contractors who performed work on any M�micipat Improvements and �vhom Developer has failed ta fully pay for the performance of said work. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection pwposes at alI times (or such times as the City may deem necessary) during the construction and installation of said �, Municipal Improvements. Developer agrees to pay for atl costs '� incurred by the City during said inspections. �I F. The Developer shali be responsible, at Developer's expense, for plowing snow from a11 streets in Said Plat that do not have wear course instailed. Such plo��ving shall be done in a manner and on a timeline : consistent with the way the City plo��vs its other residential s#�•eets. Developer shall be responsible for repairing all damage which occuis to streets and utilities as a result of snow plawing when such streets do not have the wear course of bituminous installed. 4. Construction of Ou-and Off-Site Improvements. 5 � � � • A. Developer shall construct all on- and off-site improvements including installation of paved streets, curb and gutter, boulevards,street signs, t�•affic signs,yard top soil, sod and seed in all yards,Iandscaping, grading control per lot, bituminous or concrete driveways, drainage swales, berming,wetland demarcation signs and sign posts and like items as necessary, street cleanup during project development,and erosion control, all as required by City ordinance,this Agreement and the Master Agreement. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the yards nat required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guai�antee that ali new plantings shall survive for two full years from the time the planting has been compieted or will be repIaced at the expense of the Developer. Said on- and off-site improvements shail be installed no iater than September 30, 2018, with the exception of erosion control, drainage swales and berming,which shall be installed upon initial grading af Said Plat, and except that the driveways and sod need not be instatled in a lot until that lot is developed(provided adequate ground cover has been established prior to the development of such Iot). B. Developer shall, at its own expense,be respoi�sible to ensure fallov��ing ; items are installed within the Subject Property,all such items to be installed under ground,within the street right of way or such other location as may be approved by the City Engineer, accessible to ali lots and in compliance�vith all applicable state and local regulations: i. Electrical power supply,to be provided by Wright-Hennepin or o#her such carrier; ii. Natural gas supply,to be provided by Center Point Energy or other such carrier; iii. Telephone service, to be pravided by Centuiy Link Telephone Campany or other such carrier; iv. Cable TV service,to be provided by a local carrier; In addition,the Developer sha11,at its own expense,cause streetlights ' and st��eet signs to be of such type and to be instalIed at such locations as required by the City Engineer and in conformance with the ManuaI , 6 . � . on Uniform"Traffic Conirol Devices. The Developer shall be responsible for streetlight operational expense until such time as the City accepts the Municipat Improvements. C. Before any grading is started on any site, all erosion control�neasures as shown on the approved Grading,Drainage and Erosion Control Plan attached as Exhibit D shali be strictly complied with. Developer shall maintain eros'ron control measures iu accordance with MPCA's Best Manage�nent Practices at ali times duc7ng the development of Said Plat. D. Notwithstanding the requuements of subparagraphs 2C, 2D and 4A above and except as otherwise provided in this Agreeznent,the ' Developer shall be responsible to ensure that the on-and off-site improvements are installed to the City's satisfaction for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent)is iss�ed by ihe City for a building located on the lot, unless the certificate of oceupancy is issued after Oetober lst and before March 30th in any given year, in which case a certificate of occupancy shall be issued with the requirement that the Developer be required to install said on-and off-site items for such lot by the following June 30`�'. E. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit D. Said ponds and basins shall be dedicated to the City, and Developer shatl provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the instatlation of utilities 5. Intended Use of Sabdivision Lots. It is the Developei's and Ciry's intent that a total of 18 single family units be constructed on Said Plat,with one single family home on each lot as weli as any accessory structures permitted under the City's zoning ordinance, this Agreement or the Master Agreement. 6. Surety Requirements, A. Developer wilt 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 shali be in the arnount of$3$8,800.00 representing the sum of 100%of the estimated cost of fihe Municipal Improvements($370,800.00), $1,500.OQ per acre for erosion control 7 on and off-site improvements, and 150% of the estimated cost foi• landscaping/screening materials ($6,000.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank(the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be availabie in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the City shall contain language requuing its automatic renewal prior to December 31 of each calendar year,unless cancellation of the letter of credit is specifically approved in writing by the City. B, The City may draw on said le�ter of credit or surety after required written notice to complete work not performed by Developer (including bfrt not limited to on- and off-site improvements,Municipal Improvements described above,erosion control, and other such measures), to pay tiens on properiy 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 con•ect deficiencies or other problems which occur to the Municipal : Improvements during the warranty period,or to otherwise fu1fi11 the obligations of Deve(oper under this Agreement. Said letter of credit tnust be maintained by Developer at alt times at the level pravided in paragraph 6A above or a lesser amount authorized by the City Counci! pursuant to paragraph 7B below. 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 wi�hin 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 possesszon which are '� in excess of the actual costs of the project as paid by the City. 'I D. Developer hereby agrees to allow the City to specially assess Developei's property for any and all reasonable costs incurred 6y the City in enforcing any of the terms of this agreement should Developer's letter of credit or sui�ety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount j required above within 30 days of niailing of written request by the '� City. ! 8 E. That portion of said cash, ii-�•evocable letter of credit or other surety with respect ta the performance of Site I7nprovements 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 A�reement. 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 wliich all monetar}� or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter o�'credit or other surety,acceptable to the City, at least forty-five(45)days prior to the expiration of the originai letter of credit. If a new letter of credit is not received as requi�ed above,the City may without notice to Developer declare a default in the terms af this Agreement and thence draw in part or in to#al, at the City's discretion,upon the expiring Ietter of credit to avoid the loss af surety for the continued obligation. The form of any irrevocable leiter of credit or other surety must be approved by the City Attorney prior to its issuance. G. in the event the Developer files bankivptcy or in the event a bankruptcy proceeding is filed against Developer hy others and is not dismissed within 64 days, or in the event a co�.u-t appoints a receiver for the Developer,the CiLy may draw on its Ietter of credit or surety in its fulI amount to secure its surety position. The Ciry shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letfer of credit under�is Agreeinent. 7. Suret�Release. A. Periodicaily, as payments are made by the Developer for the completion of portions of the Municipal Improveinents and/or on- and aff-site Improvements, and/or landscaping improvements, and��vhen 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 and landscaping improvements which have been fully cornpleted and payment made therefor. All such decisions shall be at the discretian of the City Council. The City's cast for processing reduction request(s)shall be billed to the Develaper. Such cost shall be paid to the City within thirty(30)days of the date of mailing of the billing. 9 B. The Developer may request of the City a reduction or release of any surety as follows; i. When another acceptable letter of credit or surety is furnished ', to the City to reptace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off-site improvements have been installed,the tetter of , credit or suret��may be reduced by the dollar amount athibutable to that portion af improvernents so installed, except that the City sha11 retain the letter of credit or surety in the amount of 10% of the estimated constructian price of the Municipal Improvements during the first year o�the wananty period and 5%of the estimated construction price of the Municipal Improvements during the second year of the warranty periad.Developer may substitute a wananty bond acceptable to the City Attorney for the warranty letter of credit in the same amounts and duration as required for the wananty letter of credit. iii. VVhen all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plat attached as Exhibit C,the letter of credit or surery may be reduced by the dollar amount attri6utable to that portion of such landscaping zmpravements instalied,except the City shall retain tlie letter of credit or surety in the amount of 25% of the estimated Landscaping IFnprovement costs for two years from the time of the installation of said landscaping materials. iii. As to al( requests brought under this paragraph,ihe City Council shall have complete discretion whether to reduce or not to reduce said Ietter of credit or surety. G The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thiriy (30) days of biliing. 8. Abandonment of Project-Costs and Expenses. In the event Developer should abandon the deveiopment of the Subject Property,the City's costs and expenses related to attnrney's fees,professional review,drafting of this Agreement,preparation of the feasibility report,plans and specifications, and any other expenses undertaken in reliance upon 10 Deveioper's various asserlians 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 whoie or in pat-1,ceases substantial field work for inore than nine (9)months,fails to provide sufficient ground-cover to prevent continuing soii erosion from Said Plat, or fails to Ieave the abandoned property in a conditzon which can be rr►owed using conventional lawn mowing equipment,Developer agrees to pay all costs the City may incur in taking whatever actian is reasonably necessary to provide ground-cover and otheiluise restore Said Plat to#he point where undeveloped grounds are level and cavered 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. 9. Devel�er ta Pay City's Costs and Expenses. '! It is understood and agreed that the De�Teloper will reimburse the City for ail I', reasonable administcative, legal,planning, engineering and other professional ', costs incuned in the creation, adnninistration, enforcement or execution of#his i Agreement and the approval of Said Plat; as well as all reasonable ; � engineering expenses incurred by the City in designing, approving, installing, and ir�specting said Improven�ents 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 ailaw the Ciry tv reimburse i#self from said surety and/or assess the amount owed against any or all of Said Plat without objection. Develvper has the right to request time sheets or work records to verify said billing prior to payment. 10. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the City's Sanitarry Sewer Trunk Lir�e Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $2,055.00 per acre and$1,925A0 per acre respectively,upon development of said Plat. There ate 8 acres in said Plat to which the Trunk Charges apply, which t�eceived fmal plat approval. Therefore,the Sanitaiy Sewer and Water Trunk Line Fees for the numbered lots receiving final plat approval are $31,840.00($16,44Q.00 in sanitary sewer ti�nk line fees catculated as $2,055.00 x 8 acres and$15,400.00 in water fees calculated as$1,925.00 x 8 acres}. 1 l. Erosion and Sedimentation Control. 11 Developer shall implement all erosion control measures detailed in the Storm Water Pollution Prevention Plan{"SWPPP") and on the Grading and Drainage ', pian{including consh-uction of aIl temporary and permanent ponds)in the order ' required by the City Engineer. Develnper shall also implement any additional erosion control measures required by the City Engineer, and shali abide by all erosion controi requirements contained in the Albertville Subdivision ordinance and as required by the NPD�S Construction Stormwater Permit for the project. The parties recognize that time is of the essence in controlling erosian. If the Developer does not comply with the erosion control plar�and/or the requirements of the NPDES Construction Stoimwater Per�nit,the City may take such action as it deems appropr�iate to control erosion, ar�d the landotivner hereby grants the City permission to enter upon the iand and take such necessary erosion control actions. The City will endeavor to notify the Developer in advance of any proposed action,but failure of the City to do so will not affect the Developer's and City's righ�:s or obligations hereunder. If the Developer does not reimburse the City for any cost#he City ineurred for such woi•k within thu•ty (30)days,the City may draw dawn the letter of credit to pay any costs or may specially assess Developer's land for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the develnpment is in full compliance with the erosion cantrol requirements. 12. Ditch Cleanin�. Developer shall co�nply with all requirements set forth for drainage into any county ditch or other ditch through�vhich water frotn Said Plat n3ay 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. 13. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to asswne full financial responsibility for any damage or repairs which may occur to public property including but not limited to streets,street sub- hase,base, bituminaus surface,curb, utility system including but not limited to wate�Tnain,sanitary sewer or storm sewer when said damage oceurs as a result of the construction activity which takes place during the development of Said Plat, including the initial constt-uction of homes on the lots. 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 said construction that takes place in Said Plat. 12 Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public properi�� occurring as a result of construction activity on Said Plat r�vill be repaired immediately , if deemed to be an emergency by the City. Developer further agrees ihat any damage ta public property as a result of construc#ion activity on Said Plat wiil 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#he City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (34)days of its billing to the Develaper. Ifthe Deveioper fails to pay said bill within thirty(30) days,then the Ciry may specially assess such casts 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 ' incu�red by the City as a result of such legal action. 14. Temporary Easement Ri�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. 15. 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, alause,paragraph or pYuase 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 compietian 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,materialinen, employees, agents, or third parties. 13 D. The action or inaction of the City shalI 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 Councii. The Ciiy's fazlure to promptly take legal action to erlforce this Contract shall not be a waiver or release. E. This Contract shalt run with the land and shall be recorded against the � title to the property. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but nat limited to: subdivision ordinances,zoning ordinances,and environmental regulations. If the Cit�T determines that Said Plat does not compiy,the City may, at its option, z•efuse to allow construction ar development work on Said Plat until the Developer so compIies. Upon the City's ciemand,the Developer shall cease�vork on Said Plat until there is compliance. G. Prior to the execution af this Agreement and prior to the start of any construction on Said Plat, Developer shall provide the City with evidence of good and tnarketable title fo all of Said Plat. Evidence of good and marketable title shali consist of a Title Insurance Policy or Cornn�itment fro�n a national title insurance company,or an abstract of titie updated by an abstract company registered under the laws of the State of Minnesota. H. DeveIoper sha11 comply with all water,ponding and wetland related restrictions, if any,required by the Wright County Soil and Water Conservation District and/or the Cit�� and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right ta allocate wastewater h-eatment capacity in a manner it f nds to be in the best interests of the puhlic;health, safety and welfare. J. Developer shall obtain all required drivev�ay, utility and other permits as required by the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the On- and C?ff-Site Improvements. 16. Violation of Agreement. 14 A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained,the Ciiy shall give Developer thirty (30)days n�ailed 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 dectare any deficiencies govemed bj�this Agreement due and payable to the City in full. The thiz�ty{30)day notice period shaIl be deemed to run from the date of deposit in the Ut�ited States Mail. Upon failure to cure by Developer,the City may thence immediately and without notice or consent eomplete some or all of the Deve2oper'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 incuired in enforcing this agreement. The City may also specially assess ait said costs incurred upan default against the properties in Said Plat pursuant to the terms ofthis agree�nent. B. Not��ithstanding the 30-day notice period provided for in paragraph I6(A) above, in the event that a default by Developer will reasonabiy resuit in irreparable harm to the envirorunent 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 agreernent in an effort to prevent,reduce or otherwise mitigate such irreparable hatm 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 harnn or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 16A of this section shall not apply to any acts ar rights af the City under the preceding paragraph 6F,and no notice need be given to the Developer as a conditian precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The Ciiy may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the Ciiy's right to draw upon the surety at a future time �vithout notice to the Developer. D. Breach of any of the terms afthis Contract by the Developer sha(I be grounds for denial of building permi#s. l'i. Dedreations to the Cif_y. A. Municipal Improvement Dedicat�ons. 15 .. • The Developer, upon presentation to the City of evidence of good and marketabie title to Said Plat, and upon completioi3 of atl const�uction work and certification of completion by the City Engineer, shall dedicate all roads, road and trail right-af-ways, sidewalks, curbs, drainage and utility easements, gutters,ponds,sewers and water mains to the City. Upon acceptance of such dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains. Acceptance by Ciiy of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Paa•k,Trail and Oi�ttot Dedications. i. Developer agrees that the City's Code currently requires that the Developer to pay $3,300 per single-family lot to the City as park dedication fees upon development of Said Plat. There are 18 single-family lots within Said Plat. Therefore, the park dedication fees for the development of Said Plat is $59,400 (18 single-family lots x$3,300). ii. Developer shaIl deed Outtots A and B to the City. 18. Administrative Fee. A fee for City administration of this project shaii be paid prior to the City executing the Plat and this Agreement. Said fee shall be 3.5% of the estimated construction cosfs of the Municipal Improvements within the Plat. The administrative fee for this Piat is $12,978.00. 19. Phased Development. As said Plat is a phase of a multi-phased preliminary plat,Developer agrees that the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily campleted. Deveiopment of subsequent phases may not proceed until the Ciry approves Development Cantraets for such phases. Approval of this phase of the Subject Property shail not be construed as approval of future I phases nor shail approvai of this phase bind the City to approve future Development phases. The Master Agreement,the City's Comprehensive Plan,Zoning ordinance, Subdivision ordinance, and other ordinances shall govern all firture Development phases in effect at the tune such future Development phases are approved by the City. 20 Indemnity. Developer shall hold tlae Cifiy and its officers and empio}�ees haimless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Piat approval and development. The Developer shall indemnify the City and its officers and 16 , � • 4 . employees for all casts, damages or expe�ises that the City may pay ar incur in consequence of such claims, including attoiney's fees. Third parties shall have no recourse against the City under this contract. 21. Assi�nment of Contract. The Developer can assign the obligations of the Developer under this Contract. However,the Deveioper sha11 not be released frorn its obligations under this contract without the express written cansent of the City Council through Council resolution. 22. Limited Approval. Approval of this Ag�•eement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 23. 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 reasanable attomeys and professional fees incuned by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developet•as provided herein. 24. Plans Attached as Exhibits. AIl plans attached to this Agreement as Exhibits are incorporated into#his Agreement by reference as they appear. Unless otherwise specified in this agreement,Deveiaper is bound by said plans and responsible for implementation of saicl plans as herein incorporated. 25. Inte�ration Clause,Modification by Written Agreement Oniy. This Agreement represents the full and complete understanding of the parties and neither party is retying on any prior agreement or staten�ent(s),whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent ofboth parties. 26. Notifieation 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 foliowing parties: City of Albertvi(le I c%City Clerk P.4.Box 9 Albertville,MN 55301 Telephone: (763)497-3384 17 f � . � Cazlson Dingman& Hansen, LLC Attn: Henry Hansen 104 Fairway Avenue Cold Spring, MN 56320 Telephone: (320) o? 9 a - S o2 Z 7 27. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVII.LE, � B IU Its Mayor By � r � /�� It Clerk DINGMAN & HANSEN LLC I'� CARLSON , - - -_ By He �Hansen Its ✓ °L STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this �o?� day of �c�z� b Pi` , 2017, by Jillian Hendrickson 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. � Tina Louise Lannes C�� -,� l�.�S ;� '�= Notery Public Notary Public Minnesota -•-,:�;!;,,.,°'''�'I�ry Comrr�stion Ezpree,pnua�y 31,2019 18 '. � � . , , STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this a r`—`� day of �5 C�b� , 2017, by Kimberly Hodena, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ., Tina Louise Lannes C.��iy�G1 ' 'A= Notary Public � �,n � Minnesofa ��.,;��,.,,��'`�My Canm�siai Ezp�es January 31,2019 Notary Public TA ) ) ss. COUNTY OF WRIGHT ) Henry Hansen, as (�r.Q.o.`�e.i,,,� of Carlson Dingman & HYnsen, LLC, acknowledged the foregoing instrument before me this � ! day of a c;�-� , Zol�. ";�, Tina Louise Lannes �ii�� A= Notary Public �-- - � � - Minnesota Notary Public ,,,;�++,�,,,�•''My Comm�sion E�paes January 31,2019 DRAFTED BY: Couri &Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 763 497-1930 � ) 19 , y • , EXHISIT A Ta DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lots 1-5,Block 1 Lots I-9,Block 2 Lots 1-4,Block 3 Dutlot A Outlot B All said property is Iocated in Hunters Lake Estates, City of AIberiville, County of Wright, State of Minnesota. 20 ', � ' ., , , EXHIBIT B Final Plat EXHIBIT C Landscape Plan EXHIBIT D Grading,Drainage and Erosion Control Plan ' 21 � y � ' x �� fi I �� ., ss c _, � � is ;`� ��`r�� ' � X 1 � ±�� `�� ;F- � I � � '�,� ��,�c� � ��g� i ""�,°""�'°^ �� `•:°t-� ., - 'Ct , R I f`�� i i,;.;;1.. � � � � . .I ��tl � � 1i88. ��°y..`,y�' �\ �•�.. -. _ .. __; � n�. „ � ,, t \ I � � � ��a �� F �`i� � � I ` �� 1�i9 /�► o ,� �j�i�\� °`� `'L�,.' \\� � ''o' �n�,f' . Y'� �.�-\ � .`,� � I I�<i `•�� . /.'�y `\� ;`, ��\ ) I ; � `+�� ' �t � �� ;� �� :�� .� ` ` � � ��n� .•+�� Y •.E •I�,i � y�,,�.'' �%_•^'� ',� I I�; y �, ��v s��y� �� /`. , � I V. �� r,.�. \ .t``L•-��` j `\ � /-`' \ ''':'� y- � �� .,� �` �`' tp ',�t�i` • 'Fcfti�a «s1'7;�:-�, '� �, �S, � J�\ 3a�� -. � �•;� � ; � s �/+ �� e ''�•�I x �• �N ~ ^ +�•�p � `t's� � //P"-0�G 1 `•��4 � '4 '\. m . �' . r�. � ��( ��i ;�I� �� .�' �� \� a e� •'`�� `� 1 ,��s��° � �x � �M � e .,��-,ar+� ` € jv � � � ,%..� j 3f �iit�y � �b � �"K � ( �� ; r r��"";,-- � � `� °y� � �* �<, " ;.;��;` :�1. j `; g�� Y 1 ' � �b� •, �.: / �„ �'•i•�� , �• s �€ � I I 4r }�---:.�+�:.,_?� , � �.. / l� t ,, v _�s'-`•',—? � �� ,� � F �,� f��--•---�-� r h3 .� :� � =-.-��'- K � ��B '4 r. � �� ' '° u� �, � ��-�r"�^�-� --�� , � �� `r�L._�•.._.' �a- -:-� �� .��..� � �� Qb � , a I -- r r �;I �'�'�'' ` �"�`� �Jp r �� a ¢ ( ` � , -•,�,---� �� _ y«.�.yti� � , q � ��ai � F; j � � q p_ �� ./IAa(� 4'� ` .�.. ry �'��, /O • • � e t . � 4 � ��9�' � I �i�t � �.. .i �.. —•-� '� .�<.�'.�;�'�.;� ,' a � �� = p l�R��6r AVRIUE N.L. �R , ` � 'inai 'r` � 1�e'�A�[:' '�_`—ib1R+�� A 4� �1 �1L ^J x —�- '� �; _ �--..,_ �::s':�: —...9..,� ' j , �c-_-� . ._ — -- � � �! aca,r. I� �rxce �.n ,r+m F'.£ft^:.F._ �'K�a'� � ` 0 . ��CU'if/ � �'a� ��`� x-'� � /a4 �i,•.ai� �� _._I .�:�� i� s� w � -- ' I n � T $t}i g�q',e'�, `Y. �� y,l� � �� `iW ` `s�s�'�Yk}`ttx �R�Y +.:� ui f� �� iiit I •- �. t ��'� f _ --�'1')��., r.lf7E$kg ^i�t{�i;ti'1 _a = s�.J �`3t t I �"'' --1 '�s ' '�7 ow SZl��c— � �i f ijS{} .r�v� �� ' J $�c�.: (' �� i�T 1 ;�v;_,, i r �r }— tS?` � > J �✓ f .«_ �. ` �i `.�+i`v': S{�i _,r "v � i� i '� 'elj�� 1/r � �j � 1 t4� � -. ,.� � \\ � � 3�2ii a � � � � w � � � b� j � � �;� � � � 8 � � � � � t , _;� � � � � � i ! � �� f � � t � 1 � :� �� f 1 , ba. � , � � b � �� I ' y g � _� ,. � � � I �,F � f � � � �� a � E � � � t� �i; � i� j � � � � � _ � � �a� � � � � 31� � � # i � E ! t � }]f� I � j � � � � 's�s p � � �Y � ! � � t � � i E�� [ � � �j{ i�} � � �/]j� j � � � ��tt€K � ��p �� Y i #y� I l ■� � � J = � „8 if ' �� f � ' il� + ( � s� � � � � �,4 --~"�-�.'— R ro�, � � t � f � i;i I a ;� ' � � i � � �� [[ �. � . i z [ i o [[ Y � ! �Y� � � ;;� � � { �� t � � ! ni�si.r k T' } i �t i t �i E � }} �f � � � a . �� i i � � s � g d�� I �`� � i T� i j j � � � ;. d� � � � '1� � � ��{ � j � � ; 1 � i ` r � � t °� r. B �� A �� ii� � �� 1 �, �� :� �� ,I � �� 'l �� . i � � � �� a� ��! �� a 5a I �� ,Y,� N,.o�1 �, � � � . �� `��3�"-faF'0:)�nW w.,�'.ww.+r�rotlnu��1ew�Mn Nyb JdYJRIN✓1 ,w�••• �. aivrrr��vc uu-rao:c "�-. �mi�a.r� wevCueq.(o�j .�.—'�"`+ �OCOY NM��lMH4'Y ..•�Uva�n�•• �� I n:r�;N v�rc�,asrw� �awaonn�a�vuwaoMau �+—••M•�—�^�+� � ivaurJo��naQ a si.rx?•y s��BnoU �OIIIUOV QtllHl ^—��r �' g F�{ S31V1S3 SSVd SH31Nf1H =5=,�"�',',,,.r.,, � � 3 tF ' ! � � �, � � 91fSt �� t� � � f i`� f i '� i I � fjI i j i��f � i i i�� <; ; � �{ i � i i�E,i 1 � ��#{ ;�i = rf l ;�t �1 ;� t iti� ��tf� � t �s��.�' wl� $ # { s'-.e .. � 6 I ��f �� ;� l��ti;i��'{� i � � Y I�f� a � 7�7.3. � ;� 1�1 ! � p �Etl r: � - E �(t(lf�t��1�� : E 8 � tt " � ' �ilii��}jj;�€�j.�� i i � �� 'i;t '. � � t ��1i �� t{��'I�J`�;�i i�i � �3�e #�} '� g � �f iIlti !� ¢ ;�'•ij'{f'!�{;;�ii�l:�;� � €�� I� � taEg � � � CI p=SeTa kY. � �ii.:t�{i 1 I)f.��:jl tt� i , I - .., ., . -. .. .; U � :. . -..... � -�. � .,_ ,.: , "��. . i � � : � - - _--- ` � , m � ` ` � � . . j r �,� � qZ} ' � _ � ��-,r��; f � � �/ ;� i � �' '4,, ;��,��. �_�; /� �� :i� i ; t �� ?If t ^° . , _- �� t � i �y \ i` W G� � ji 1t?'�(�i�� . � 14:{E '��-\�� '. I .e �.;t �ay�� " . . � V . � � � ,t `j�� : I�j � -i i -t'1 5 t P � - t�. , 4�'` `Q \ a,� , �, GSi ( '�t( i �` y a..�'. \, �f�; \r � . .�T �F i�' i - + 1 : '�.; �.� ��\ �t ��;i . � � ��-� f to �� '�C� �!� . � r 'r�t � , -�t t i �F � �,��I �1 "� �; `�'��a ` ' ` �� {� �`3 , E' . .n ' e� , ..� l•� ; '� i c , f� ��, g� J� ' o - .� l. r' i � � {�s r,_�..--� �`k1,,� �`t��;Y :ti ; � ��{-:i� ��; r � t��l � + { ' �� g� s ` �t � �.�}� :� ... � ;: r/^4-,. �s .%3.� , ''T' 1 i.f 3 \ . 1 9 ! 1 '� �� li � t � �� =1�� .' t ��91� �` y i ; j �--��,.,..��_�_ .i �. 'Ei'� : : ✓, ,J�'✓;. f � r-`� � t .,s � ! �4 j; 1 tt i 1 "S i ?"� `,`�� '�� 1 . � - �! •� � . ; �S F 1�� '�'�� ` � '_..s -� ,�_ '�g�#1 r � ��, y . Ft - I r f•�""�_�+`s-`� f.� 3 ��. S a!i �'� / r �. �t- l �l.: . I � ' � -�,`� ��i 4 t l � E , .i,T+z�^.Fy �` t R f .eJ f��. � ��]Ptd�":� n1� t 7 t 1' f 1 � . 1 ' `..' �,fi'�-�€ pi' f .�`�e �✓/ Y /r/ .�. 1 � _ �) ,: f � z� � + � ---� : , ' (�-} 1 t ;, f ,f ¢ �- ,,;�' �t �_�� r � It � ' Y� i, � � �4;�� }F t'?� � �-�� ; � aj� ?��- � �� . � � �� ...� . ��r �� s' / i y '1 -_ , ... � t. - • ; _' � , �t 7 ;;: . . .. _ 3 ': �" J' �. _ �i 'r" �'� } 9g��{ � /� . S . .'( - ... � .`� .Y� � 4 1��.r `E . _�';�� f ` �Yt A.Yn+e . . +. -. . X�• '{.�d'+ v �`• � �i � 'F:,__ � . •� Sf . -Y�y�,n•„i..w��++-:..... � . t. �,C,,;1 t � '� . .', . t �, IM�� E ' t �• 1� ♦ � � .,,� a_ � f Towxsuuce+attnaooma+"t � t }�}y �'� . ' � � 'lZwt _! JTt t`t^}s t } �I7 ` �� ;..\ .�� Si�y3 � .'4� �. � y' � i { .'s � � {�` f_i_L p { 3 r � 1 i � � ;' �~•I 11ea � 7; �, i'.)t y��tl',s,r:!.��=—,=�: �tI::. . �: t �� ,*, � , , �+�+Mo^4�-+a�T}1Y�tJoty Wo)'.wpros}Na3aopN,yfuol NY1d 9N?OYN91It7Ad073�7a . �-..� ua:ow - 0l91•PR•C9L LLli'C6Z01C '" �um7lAeuH uunnfulOL 1 _r_:=.��..._.� � �oeof nw '.��i..v� v�� ..� - •vAItlT3YGlTl1!! � � � �`ms�iYw�sro�� 1�3COMdiN3W3AOtldWION10tlU0 —T'—""� �•�'�"'�''�"'° �� uaurdo�anaQ aosrae�•y se�BnoQ N011iaat/OdIHl ,:,,,,,�,,,.,` g 831b�.1S3 SSVd Sli31NE1H =s=.w.,*„�^�..�..; _ '� � =ro � ' � � s L s � � �� _ 5 a� t 4 xsk� °z��a f �j�a j �� s a{� a� � y i � F; j � � i��F�� €� t �3•� f #, � �� t �� s� K� j §�€_+s �f.: �E€ 3 �t" �1lt��t. .�� I a� �� @ p ��j�� B ��s+�gf�'� t�=:[ i a �r t I t�.{S �s� x'+, �� c . 2 Y. ��C t� E ¢�� * [z �r'�F ii: � � � S` 'i s� � [ �� ¢■e �� t� � {j sY�t�i P# �] �i�t TefF�.g4 tt � d4�� ¢ 1$j � �E �2 q 6 L34 � $S �# S r i! l�Sild�� 4 5`!� !f� � !�P{ Y� qt� I � t C S! E!� i [5 �I ��.9�� r 1�'-�!� '� � �Y=� a �� e 4 Y s��y1 Fj.gdlrY 1 LS � f�� p� i 3 K 8 7Ti a k �F% �" � �b t B � �Ys� �'. �� e�� e[ 4p �� '� e,3 4F�F�F�gy� Ftf� �r f �aF� � g�Te4d€ g[ � �.�,� � ��¢�� 9rt t�'- a�� r.a �1�9l9 �# r s��g�� ai� p �# °` � �`.: € F ��%�i Es �I ��s� Y 3 D(A t F� 4 �I � 3 j c I F SS 1 � - gey i tp;{ s q � �(a t* � b g( � k �, $p D C E �� .�54 �S�{ �g��SP��i( �t'f'.�� s } �dtt��p�� f�� v�� d#s'f�� ep� ��e�$:= ��F k �! �''"s{•`�;t � ; it%��€8.i; x F�' �� 5}t.�f�z-i�� f �°�Etl ��. €g ��{�f�#y;,� s7 �'j � g�¢�i ' �ij'. e.�3=��k£.s�" }�f�a��;[1 ��_F! r�z��:s°�°��"31��E�`#[ }�}�1 [ {, S �A }€ g G4L�I�LFTF(i,-t,bte� �_�;4 06J.d� �Fi� 1 S '€ �E 3_ .^ . ^ e- a p $}___sa=_:a T.3 i ;�I� t'}i► {��S , :�t l�� b��;f ' � ` r�3 :� � �, '.'_ �! �f,t y;iq�/' �� i3��t+;, ��' �� ' ?Sf��! � it�� W 111-!? �1 � �I . . � - _� _�\ �� I ��'�y �� l ��o \ � �'\��r �� . F � �� f � �� '�--,, �� i ��;�� a= `' �IHiz : � � �._ t. � .. .. -..I�1' m'�'� 4�� .:��j�{ <5� � ��. �h�{ $3 � t 't 3 e '�y�'� ��' _ � � 4� � � � � q�t,=rl�� , � i-' �� r-!�' ;�~1 �s � %•:. f� � _ � ,� �a -- . . ��; �(i�iF�� "a it?i�,. ��3e��s •F ��, � H � � � '� 1ta�tT �t�it��t�f � � ; i�t[�f t�� u.7 j � - / , y `� `�� . fgc . "` 4Fyr-j ��1 ?s� Jt �¢1y�� !i� � ��, j y;� 6 f-� yyY � � ` ` 3 r �i 5�'ii �a�e��: X , E ��r� y . , . z � x 1 �t'�'i . r ♦ . . �� Y�� R�y p ee5 � i' � � '��.:r j. � .�� .� � W 7 �: t a� `�:..� } _ . i �/-��, t, .;�'� '�� : '`� � �lr . � - , � �.i � � . ` � , �j�"3z�:� ��f v 7��. 1. . . � f 5.a�t►, �_�` � �f►g. .. . \. . . { � ky'y j ! ,�.;.; \,.�,. � . �aeo �. D � [RtI� 's2 � �� S � V 1 � \ . ' �s y��x � �' gQ Lp 1 1 - i ' �. ":. \ Et rA1 . S�P� �.-. L O �';y :, � �!` gS lE } '. ��{} �� - . ?�` ��.f�� t':.' �� . � . � �� ;�.�`�� Y�-Q �— �S� ^ . , F , € a�,6 `: q�.4� ' -'� Y� ?`� ' �� " ��i�: Q. g �-•�� 3i�`��a cy �� '�.i�i° � !� j�''�' `��af8. ::-j —�- i�. �b . r/ q - ;��1 .( N �'� 3?� . ` � �,':i;` .. ' �i �� W ��!lj..� �.,/ �,� � � 1. � �,:. .. � I� w ' �:.� � t � � � �.4�� % i 2 .y�y :� 4 c � - � R�� _��i �� i�.r�a i Ir � f � �..' h°s479 �`'l `/ '` = � a� i� ..i' �,` •tti4 S _ }; � r �_{��; � � �� ./ !:. y�ga� \ u s:1 '� .. .. '�.� � f t��7 i'h _ I' g� . ` � �' S i �� .�:� ti; 8� .�•'�P„q � ':.,,,.{��., ; � �� : �{� !', � ` .�,, e � ,��Y : l� �; �� , , g i' �� $y`#! !i ) .: .o ; �r� , --'" r � a' :.. t , !i �-` �$` tE� f � �g �ps k ' �::3 ': / o �''� i %-x � �� F` ,j � f �� `.f�` �# � f j �g�y: j� � �!1 r 7► -_ 1 j r'� �_ � � �„ ' a� US �� 7� . ♦��, ..;( - � ' �� f, ! �/� g I;.i �� . -i`' M y�ti � -.i� " :E: t k# .: 1� � _� .t}. Z � g U Ffsrir E°3 `� '. o � , - t. ` �./ , � 5��J 4�"e � �� . I . �J �� _. � �� /` 4 � w+ �� :; 3 � -wM+ i , �� / � i q �� g � ; �" V�� '� r'w ��i� �: U, � ��F$ i ayE6�e}�.a : .� � O �: t }t� . { � � `�i 92�ttii - , t . t, ' �� _��;7+� ' � .... -; !f..� �•ti ,�j . y� �... 2 � t <�, , � ., � ' `� , :; ` � ;{;� a� ��.�� ( . � .�,,.+��W � '_� r.y`� '�r'^ ,�" .`, .�' ! ' i �� o. r i � .1. . .� . . . . � _. . `F f ..F. hi f :, �.�... ��.�... �",� .. r � e 1 ��.-r- .. �,� _ ~�.�� '� � .:. . .� .. !� �rr�-iwa' ��X UNE � . � TpWNE1AllE5TIH�T� 1 . �.'.�,+ . � r � . �4�4 as �;. ;� � � o, ��.� �� : i � � s r : t t:� _ � � � � ��—� �� C , - ;:s.,� ��r � ,� ; ,,� ��R: . . • � . . . . � ` ' U � Dac. Na. A1360799 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recortded on December 22, 2017 1:00 PM Fee: $46.00 Ck#333063927 Code Check Tanya West, County Recorder SUBORDINATION AGREEMENT Date:�C12,m�r ��1 , 2017 FOR VALUABLE CONSIDERATION, the undersigned hereby subordinates the liens on real property in Wright County, Minnesota, described as follows: Lots 1-5, Block 1 Lots 1-9, Block 2 Lots 1-4, Block 3 All said property is located in Hunters Lake Estates, City of Albertville, County of Wright, State of Minnesota; such liens are evidenced by the following mortgages executed by Carlson Dingmann Hansen, LLC, a limited liability company under the laws of the State of Minnesota, as mortgagor, to Sentry Bank, as mortgagee: 1. A mortgage dated June 29,2017, and filed for record July 3,2017 as document number A1347250 in the office of the County Recorder of Wright County, Minnesota and modified by that Modification of Mortgage dated December 13, 2017, and filed for record December 13, 2017 as document number A1360083 in the office of the County Recorder of Wright County, Minnesota; and 2. A mortgage dated December 13,2017, and filed for record December 13,2017 ' as document number A 1360084 in the office of the County Recorder of Wright County, Minnesota. to that certain document titled City Of Albertville Conditional Use/Planned Unit Development Agreement, Hunters Lake Estates, subsequently filed for record as Document Number 1360798 in the Office of the County Recorder of the above County. Recorded December 22, 2017 SENTRY BANK 2 �'� By: �ts: S v � � TCAI �t� Retum To:Tri-County Abstract 1 • t . i � STATE OF MINNESOTA ) ) ss. COUNTY OF�� r� ) The foregoing instru ent was acknowledged before me this �� day of December, 2017, by��,c,�o �c�n►Rl.�c,-, , the �.e,n�c�►� v�c.c ��n��-�,-4- of Sentry Bank. l�� -�. Notary Public w��;; COLLEEN J.ISDER NOTARY PUBUC THIS INSTRUMENT WAS DRAFTED BY: - ' �y MINNESOTA - �'QD"r"��^�+w��«.uw.aL to2o Couri & Ruppe Law Office 705 Central Avenue East P.O. Box 369 ', St. Michael, MN 55376-0369 ; 763-497-1930 2