2018-01-16 T.L. 6th Development Agreement - Fully Executed CITY OF ALBERTVILLE
THIRD AMENDMENT TO PLANNED UNIT
DEVELOPMENT AGREEMENT
TOWNE LAKES 6TH ADDITION
WHEREAS, the City of Albertville ("City"), a Minnesota municipal corporation, and
Contractor Property Developers Company entered into an Agreement titled "Planned Unit
Development Agreement Towne Lakes 6th Addition" ("Developer's Agreement") dated
September 7, 2005 and recorded as document number 1003634 at the Wright County Recorder's
Office, Wright County, Minnesota; and
WHEREAS, Kilber Section 36, LLC ("Kilber"), a North Dakota limited liability
company, purchased the property subject to the Developer's Agreement; and
WHEREAS, Kilber and the City executed an Amendment to Planned Unit Development
Agreement, Town Lakes 6t" Addition ("First Amendment") which has been recorded as
document number 1164289 at the Wright County Recorder's Office; and
WHEREAS, Kilber sold the property that is the subject of the Developer's Agreement
and the First Amendment to HSB Ventures, LLC., a Minnesota Limited Liability Company
("Developer"), who entered into a Second Amendment to Planned Unit Development Agreement
("Second Amendment") which has been recorded as document number 1354394 at the Wright
County Recorder's Office;; and
WHEREAS, Developer now desires to enter into this Third Amendment To Planned
Unit Development Agreement to modify provisions related to installation of landscaping and the
uses of the letter of credit provided to the City.;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
1. Paragraph 4.F shall be added as follows:
F. Developer shall cause to be installed on each lot in Block 2 of Said Plat,
immediately following issuance of an occupancy permit for a single family home
constructed on such lot, all landscaping required by the Towne Lakes
Community Association, provided,however,that if said occupancy permit is
issued after September 30`h and before May 15th, Developer shall have until the
following June 1St to install said landscaping on such lot.
2. Paragraph 7.A shall be amended to read as follows:
A. Periodically,as payments are made by the Developer for the completion of portions
of the Municipal Improvements and/or on-and off-site Improvements,and/or
landsca in im rovements,and when it is reasonabl rudent,the Develo er ma
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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 ha�e been fully completed and payment made therefor,except
that the landscaping portion of the letter of credit shall not be reduced below the
lesser of the following: 1) $20,000; or 2) $2,000 per residential lot in Said Plat that
does not have landscaping installed as required by the Towne Lakes Community
Association. All such decisions to reduce the letter of credit sha11 be at the
discretion of the City Council. The City's cost for processing reduction request(s)
shall be billed to the Developer. Such cost shall be paid to the City within thirty(30)
days of the date of mailing of the billing. The City may at all times retain the letter
of credit in an amount sufficient to complete the unfinished Municipal
Improvements and landscaping required by the Developer's Agreement.
3. Developer's Agreement. Except as specifically altered by this Amendment, the terms of
the Developer's Agreement, the First Amendment and the Second Amendment shall
remain in full force and effect for the properties in Towne Lakes 6th Addition.
Dated this i day of January, 2018.
CITY OF ALBERTVILLE,
BY' s.' �`e��Cy�`�(;f��
I Mayor
B ` �
Y
Its Cle k
HSB VENTURES,LLC.
By
Its: e�--
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
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The foregoing instrument was acknowledged before me this � `� day of January,
2018 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.
Notary bl
,•:� Maeghan Marie Becker
=�' m: Notary Public
STATE OF MINNESOTA ) ;����`�' Minnesota
) ss.
''�'�`My Comir�sion Expaes Jam�azy 31,2021
COUNTY OF WRIGHT ) ,
The foregoing instrument was acknowledged before me this day of January,
2018, 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.
otary Pub '
�
,•, Maeghan Marie Becker
i�Y�.�_ Notary Public
Minnesota
"'�f�r+��;,,.•��Id�Commigaiai Ezpures January 31,2021
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ���'` day of
�(�,(`�,�„� , 2018, by , the ��p�y of HSB
Ventures, LLC.
�
;
I o P bli
""'•-- Maephan Marie Becker
DRAFTED BY: ;��"`_ Notsry Public
Minnesota
Couri&Ruppe P.L.L.P.
�'�: '�M9 Co�n�ion E�i�es�anuarY 31,2021
P.O. Box 369
705 Central Avenue East
St. Michael, NIN 55376
(763)497-1930
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EXHIBITS
EXHIBIT A
WORK TO BE COMPLETED
1. Submit televised logs and video of sanitary sewer system for City review and approval.
2. Submit record drawings for City review and approval.
3. Bituminous street patching and repairs, as required prior to final lifts.
4. Placement of final lifts of bituminous per approved plans.
5. Repair and/or replacement of damaged storm sewer.
6. Adjust castings as required for final lift of pavement.
7. Street striping and signage per approved plans.
8. Grade and restore boulevards and medians within public right-of-way.
9. Finish-grading of lots, ponds and drainage ways per approved plans
10. Remove all silt fence, debris piles, and hay bales from site.
11. Remove inlet protection from all storm sewer structures and clean storm sewer as
required.
12. Construct sidewalks per approved plans.
13. Installation of landscaping and plantings per approved plans.
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