2005-08-12 Development Agreement . �
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Doc. No. A 984356
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY,MINNESOTA
Certified Filed and/or Recorded on
RETURN T0: 10-31-2005 at 04:00
Terra Development Che�k#: 3081 Fee: $ 4fi.00
21025 Cor.umerce Blvd Payment Code 02
Rogers MN 55374 Addl. Fee
_ _ _ Larry A. Unger, County Recorder
CITY OF ALBERTVILLE
DEVELOPMENT AGREEMENT
ALBERTVILLE CROSSING 3RD ADDITION
THIS AGREEMENT, entered into this ��day of �(,�L� , 2005 by
and between Cascade II Land Development Company, collectively 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 Crossing 3rd Addition" and shall hereinafter
be referred to in its entirety as "Said Plat" or"Subject Properiy"; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenar�ts of`►he parties concerning Said Pla�and the condi�ons im�ased thereon;
and
WHEREAS, the City has given preliminary and fmal plat 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 trail(s), grading, sanitary sewer, municipal water, storm sewer
(hereafter"Municipal Improvements")be installed to serve the Development and
other properties affected by the development of Developer's land, to be installed and
fmanced by Developer; and
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WHEREAS, the City further requires that certain on- and off-site .
improvements be installed by the Developer within Said Plat, which improvements
consist of 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.
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 Develo�ment, Conditional Use and Variance. The
Development is hereby allowed to be developed as a Planned Unit Development
with fle�bility from the strict requirements of the City's Zoning Ordinance in
relation to selected items detailed in this paragraph.
A. Developer agrees that a11 buildings sha11 be constructed subject to site plan
approval by the City Council.
B. At the time of the recording of this Agreement at the Wright County
Recorder's Office, Developer sha11 record a cross access easement which
will allow mutual cross access between Block l, Lot 1 and Outlot A of
Said Plat.
C. This Agreement does not constitute building or site plan approval and
Developer must obtain building and site plan approval for all buildings
constructed on Said Plat.
D. Developer shall provide on-site ponding as a condition of issuance of a
building pernut
E. Trees, shrubs, berms and screening are to be planted and installed in
locations subject to approval by City Council. 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.
F. Developer shall replace, at its own expense, any plantings that might be
damaged during the construction of any future buildings on Said Plat.
Developer shall guarantee that all plantings replaced pursuant to this
paragraph sha11 survive for two full years from the date of planting.
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G. Other Use Restrictions. On all lots within 30 feet of any wetland, the
native vegetation within said 30 feet of the wetland shall not be
fertilized or mowed or otherwise disturbed. On all lots within 30 feet of
any wetland, no structure, including, but not limited to, outbuildings or
accessory buildings, fence, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation
and maintenance of utilities, or which may change the direction of flow
or drainage channels in the easements, or which may obstruct or retard
the flow of water through drainage channels in the easements. The
easement area of each Lot including all improvements in it, shall be
maintained continuously by the Owner of the Lot, except for those
improvements for which a public authority or utility company is
responsible. No Owner or other person shall apply any phosphorus-
based fertilizers or herbicides within fifty (50) feet of any wetland or
lake.
H. Prior to issuance of building permits, developer shall provide grading
drainage plan, utility plan, site plan, landscaping plan acceptable to the
City Council.
2. Construction of Municipal Improvements.
A. The Developer sha11 construct those Municipal Improvements
consisting of the installation of a sidewalk along 57�' Street in a
location and according to a design approved by the City Engineer. All
such improvements shall be constructed according to the standards
adopted by the City, along with all items required by the City
Engineer. Unless the City Engineer specifies a later date, said
improvements shall be installed by October 31, 2005.
B. The Developer warrants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constructed to City standards and shall
suffer no significant impauments, either to the structure or to the
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said improvements on Said
Plat. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety
and pay any contractors who performed work on any Municipal
Improvements and whom Developer has failed to fully pay for the
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performance of said work.
D. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City may
deem necessary) during the construction and installation of said
Municipal Improvements. Developer agrees to pay for all costs
incurred by the City during said inspections.
3. Construction of On- and Off-Site Im�rovements.
A. Developer shall construct all on- and off-site improvements including
installation boulevards, street signs, traffic signs,yard top soil, sod and
seed in all yards, grading control per lot,bitutninous or concrete
driveways and parking lots, drainage swales, berming, and like items
as necessary, street cleanup during project development, and erosion
control, a11 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,wetlands or ponds.
B. Developer shall, at its own expense, cause the following items to be
installed within the development, all such items to be installed under
ground, within the street right of way or within the private street
easements or such other location as may be approved by the City
Engineer, accessible to all lots and in compliance with all applicable
state and local regulations:
i. 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/United Telephone
Company or other such carrier;
iv. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause street lights
and street signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
on Uniform Traffic Control Devices.
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C. Developer sha11 abide by the City Engineer's requirements for silt
fencing of the lots and access to the lots during building construction.
D. Notwithstanding the requirements of subparagraph 3A above, the
Developer shall install to the City's satisfaction improvements for each
lot or parcel prior to the date that a certificate of occupancy(temporary
or permanent) is issued by the City for a building located on the lot,
unless the certificate of occupancy is issued after October 1 st and
before March 30th in any given year, in which case a certificate of
occupancy may be issued if all on- and off-site improvements except
landscaping and sod have been installed. In such cases, the Developer
shall cause the required landscaping and sod to be installed by the first
June 30t'' following the issuance of the occupancy permit.
4. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit(or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of$9,000.00
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($9,000.00). Said letter of credit or surety must meet
the approval of the City attorney as to form and issuing bank.
B. The City may draw on said letter of credit or surety to complete work
not performed by Developer(including but not limited to on- and off-
site improvements, Municipal Improvements described above, erosion
control, and other such measures), to pay liens on property to be
dedicated to the City, to reimburse itself for costs incurred in the
drafting, execution, adininistration 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 detern�ination, refund to the
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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 a11 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.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off-site Improvements, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately
reduced for that portion of the Municipal Improvements and on- and
off-site improvements which have been fully completed and payment
made therefore. All such decisions shall be at the discretion of the
City Council. The City's cost for processing reduction request(s) shall
be billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
i. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
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ii. When all or a portion of the Municipal Improvements or the on-
and off-site improvements have been installed, the letter of
credit or surety may be reduced by the dollar amount
attmibutable to that portion of improvements so insta.11ed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period. Developer may substitute a warranty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
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 costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of
billing.
6. Abandonment of Project-Costs and Expenses.
In the event Developer should abandon the proposed development of the 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 sha11 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 the Development, 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 the Development to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion
from the Development and to facilitate mowing of the Development. 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 Cit,y's Costs and Expenses.
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It is understood and agreed that the Developer will reimburse the City for a11
reasonable administrative, legal, planning, engineering and other professional
costs incurred in the creation, adnunistration, enforcement or execution of this
Agreement and the approval of the Development, 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 the Development without
obj ection.
8. Development Related Fees and Credits.
A. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the
City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line
Fee Ordinance currently requires the Developer to pay $1,400.00 per acre
and $1,200.00 per acre respectively, upon development of said Plat.
There are 2.93 acres in said Plat which received final plat approval.
Therefore, the Sanitary Sewer and Water Trunk Line Fees for all property
receiving final plat approval is $7,618.00 ($4,102.00 in sewer fees
calculated as $1,400.00 x 2.93 acres and$3,516.00 in water fees
calculated as $1,200.00 x 2.93 acres).
9. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control measures as shown
on the approved Grading, Drainage and Erosion Control Plan shall be strictly
complied with as approved by the City Council. 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 Cleanin�.
Developer sha11 comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from the Development 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.
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Developer agrees to assume full fmancial responsibility for any damage which
may occur to public property including but not limited to streets, street sub- base,
base, bitutninous 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 the Development. The
Developer further agrees to pay all costs required to repair the streets,utility
systems and other public properiy damaged or cluttered with debris when
occurring as a direct or indirect result of the construction that takes place in the
Development.
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 the Development 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
the Development 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 irrunediately undertake making or causing it to be cleaned
up, repaired or maintained. When the City undertakes such activity, the
Developer shall reimburse the City for a11 of its expenses within thu-ty (30) days
of its billing to the Developer. If the Developer fails to pay said bill wiflun thiriy
(30) days,then the City may specially assess such costs against the lots within the
Development and/or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to attorneys fees incurred by the
City as a result of such legal action.
Developer knowingly and voluntarily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081.
12.Temporary Easement Rights.
Developer shall provide access to the Development at a11 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 a11 construction items required under this
Agreement are items for which Developer is responsible for
completing and all work sha11 be done at Developer's expense.
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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
conh-actors, 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 properly.
F. The Developer represents to the City that the Development complies
with all City, county, state and federal laws and regulations, including
but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City deternunes that the
Development 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 the Development, Developer shall provide the City
with evidence of good and marketable title to all of the Development.
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.
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I. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the
public health, safety and welfare. Developer acknowledges and agrees
that the City is currently in the process of expanding its wastewater
treatment plant capacity. Developer further acknowledges and agrees
that delay in the availability of wastewater treatment plant capacity
may occur for some lots located within the Development depending
upon when building permits are applied for and that such delay in
capacity availability may also delay the issuance of building permits
for some lots within the Development.
J. Developer shall not place any structure at an elevation such that the
lowest grade opening is less than two feet above the highest known
surface water level or ordinary high water level or less than one foot
above the 100-year flood level of any adjacent water body or wetland.
If sufficient data on high water levels is not available, the elevation of
the line of permanent aquatic vegetation shall be used as the estimated
high water elevation. When fill is required to meet this elevation, the
fill shall be allowed to stabilize and construction shall not begin until
the property has been approved by the Building Inspector or a
professional soils engineer.
K. Developer sha11 obtain all required driveway, utility and other pernuts
as required by either the City Engineer, Wright County and/or the
State of Minnesota.
14.Violation of A�reement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer tlurty (30) days mailed notice thereof(via certified
mail), and if such default is not cured within said thii-ly (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 tlurty(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 incutred in enforcing this agreement. The
City may also specially assess all said costs incurred upon default
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against the properties in the Development pursuant to the terms of this
agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
14(A) above, in the event that a default by Developer will reasonably
result in irreparable hann to the environment or to public properiy, or
result in an irnminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
hann 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 proj ected irreparable harm or safety hazard, and the
intended actions of the City to remedy said hatm.
C. Paragraph 14A of this Agreement sha11 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.
D. 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 the Development, and upon completion of all
construction work and certification of completion by the City
Engineer, shall dedicate all trail right-of-ways to the City. Acceptance
by City of any dedication shall occur upon passage of a resolution to
such effect by the City Council.
B. Park Dedication.
The Developer is required to pay a cash contribution of$21,975.00
in satisfaction of the City's park and trail dedication requirements.
This charge is calculated as follows: 2.93 acres x $7,500 per acre =
$21,975.00. Developer shall pay this amount prior to the release of
the final plat by the City. The acreage used to calculate Developer's
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park and trail dedication requirements does not include the acreage
contained in Outlot A, which shall be paid at such time as Outlot A
is platted into numbered Lots and Blocks.
16. Administrative Fees.
A fee for City administration of this projects shall be paid prior to
the City executing the Plat and this Agreement. Said fee shall be
three percent of the estimated construction costs of the Municipal
Improvements within the Plat. The administrative fee for this Plat is
$270.00. 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.
17. Phased Development.
Approval of this phase of the Development sha11 not be construed as approval
of future phases nor sha11 approval of this phase bind the City to approve
future Development phases. All future Development phases shall be
governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development
phases are approved by the City.
18. Indemnitv.
Developer shall hold the City and its officers and employees harmless from
claims made by Developer and thu-d parties for damages sustained or costs
incurred resulting from the Development approval and development. The
Developer shall indemnify the City and its officers and employees for a11
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.
19. Assignment of Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from its obligations
under this contract without the express written consent of the City Council
through Council resolution.
20. Limited Approval.
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Approval of this Agreement by the City Council in no way constitutes
approval of anything other than that which is explicitly specified in this
Agreement.
21. Professional Fees.
The Developer will pay a11 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 a11 reasonable attorney's and
professional fees incurred by the City in the event an action is brought upon a
letter of credit or other surety furnished by the Developer as provided herein.
22. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this
Agreement by reference as they appear. Unless otherwise specified in this
agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
23. Inte�ration Clause, Modification by Written Agreement Onl�
This Agreement represents the full and complete understanding of the parties
and neither party is relying on any prior agreement or statement(s), whether
oral or written. Modification of this Agreement may occur only if in writing
and signed by a duly authorized agent of both parties.
24. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand(to the
City Clerk for the City) or registered mail addressed as follows to the
following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Cascade II Land Development Company
21025 Commerce Boulevard, Suite 900
Rogers, MN 55374
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Phone: 763-463-0289
25. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By��Jv �.
Donald Peterson Its Mayor
�
By ��Q.e,�
Bridget Mill Its Clerk
CASCADE II LAND DEVELOPMENT
COMPANY " , _�— �
-- ,,
By
1
Its Presid nt
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 1 a �
day of , 2005, by Donald Peterson as Mayor of the City of
Albertville, a innesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
-�:�:�:;,y��w���
�e�"'":��', "f'IN,� LUUISE LANNES ; �i•�-�-� CG�1G����
�� ` "'`4j tvi.�lYANY PUBLIC•MINNESOTA
� � w=�`?�"�� Notary Public
�
�;:•:, `�x'4!j,�':�rnm,ac{�,Jan.31,2908
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15
►� , . . .
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this � � �
day of �� � , 2005, by Bridget Miller, as Clerk of the City of
Albertville, a esota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
_ �
Notary Public
��'i�.:"�.,z;-.,�.�i,,��'C},�;f.�:..`.,,,�_
'';.�� I"i�d�� LC'.,lSE L�'aNNE$
STATE OF MINNESOTA ) F ;�i
' t 01;ifiY�'�;�Li:,-��41NPlESOTA
� SS.
COUNTY OF WRIGHT ) •�'' Y r_ "��' `"+:.,`��.3i,2ooa
., c W:'�a�bs'�'e'
The foregoing instrument was acknowledged before me this �9�
day of �U��/ , 2005, by�.);u;,a,�CNP�s�s President of Cascade II Land
Development Company.
SHERI A. MERKLING �
�T MY COMMISSION�TA
- Notary Public
EXPIRES JAN.31,2 0 1 0
DRAFTED BY:
Couri, MacArthur&Ruppe Law
Office
P.O. Box 369
705 Central Avenue East
St. Michael,MN 55376
(763) 497-1930
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EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lots 1, Block 1 and Outlot A.
All said property is located in Albertville Crossing 3rd Addition, City of Albertville,
County of Wright, Minnesota.
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