Loading...
2005-09-07 Development Agreement 3 Doc. Na. Al 342247 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on May 01, 2017 3:45 PM Fee: $46.00 Ck#319830 Code Check Return To: Preferred Title Tanya West, County Recorder P 0 Box 727 113 West Broadway Monticello MN 55362 CITY OF ALBERTVILLE SECOND 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 6th Addition ("First Amendment") which has been recorded as document number 1164289 at the Wright County Recorder's Office; and WHEREAS, Kilber has since 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"); and WHEREAS, Developer acknowledges that it is bound by the Developer's Agreement and the First Amendment by virtue of its ownership of the property subject to the Developer's Agreement and all references hereafter in this Amendment, the First Amendment and in the Developer's Agreement to "Developer" shall mean HSB Ventures, LLC; 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 2.T. is hereby added to the Developer's Agreement, as follows: T. Dedication and Construction of Large Avenue. i. Upon the execution of this Second Amendment, Developer shall dedicate that portion of the proposed right of way of Large Avenue located on the Subject Property to the City in substantially the configuration as shown on the attached Exhibit H. Developer shall provide a legal description for such dedication that meets the approval of the City Engineer and City Attorney. ii. Developer understands and agrees that the construction of Large Avenue according to the plans attached as Exhibit H is necessary to serve as an access point to the Development as well as to the property adjoining the 1 Development on the east property line of the Development ("Adjoining Property"). At the time of the signing of this document, it is not known whether the Development or the Adjoining Property will first plat property abutting Large Avenue. Developer agrees that if it plats property abutting large Avenue prior to the Adjoining Property, Developer shall dedicate and construct the entire width of Large Avenue consistent with plans and specifications as required by the City Engineer. In such event, Developer shall pay one-half of the cost of the construction of Large Avenue and the owner of the Adjoining Property shall pay the other half pursuant to a separate agreement with the City. iii. In the event the Adjoining Property is the first to plat property abutting Large Avenue, the owner of the Adjoining Property shall construct Large Avenue and Developer shall pay the owner of the Adjoining Property one-half of the cost of constructing Large Avenue. iv. All such payments made pursuant to paragraphs 2.T.ii. or 2.T.iii. shall be made within 30 days of billing by either party, provided the City Engineer has first confirmed that the costs billed for approximately correspond to quantities installed. Engineering costs incurred by the City in the design and inspection of Large Avenue as well as any other costs incurred by the City related to the construction of Large Avenue shall be included in the costs of construction of Large Avenue, and Developer agrees to pay one-half of such costs incurred by the City within 30 days of billing by the City. Any billing dispute which may arise between the Developer and the owner of the Adjoining Property shall not be a basis for delay in the completion of Large Avenue. v. In the event the Adjacent Property owner constructs Large Avenue, Developer shall provide the City with temporary construction easements over the Subject Property as necessary for the construction of Large Avenue. 2. Paragraph 3A of the Developer's Agreement is modified to read as follows: A. On or before September 30, 2017, the Developer shall construct those Municipal Improvements located on Said Plat as detailed in the Plans and Specifications for Towne Lakes Sixth Addition, as prepared by Westwood Professional Services dated February 8, 2005 and revised September 22, 2005 and on file with the City Clerk, including completion of all items listed on the attached Exhibit A, except that completion of the following items may be delayed as follows: i. Sidewalks shall be installed consistent with the timeline set out in this subparagraph: a. On the south Side of 68th Street, between Linwood Drive and Wright County State Aid Highway No. 19 (the Shoppes at 2 Towne Lakes 2 plat), the sidewalk shall be installed by Developer when a building is constructed on the lot adjacent to 68th street where there is no sidewalk currently. b. On the north Side of 68th Street, between Linwood Drive and Wright County State Aid Highway No. 19 (Outlot A to Said Plat), the sidewalk shall be installed by Developer when a building is constructed on the lot adjacent to 68th street, and such sidewalk shall extend from the western edge of said lot east to the intersection of 68th Street and Linwood Drive. c. On the west side of Linwood Drive north of 68th Street, the sidewalk shall be installed by Developer when a building is constructed on a lot adjacent to Linwood Drive, and such sidewalk shall extend from 70th Street to 68th Street. d. On the east side of Linwood Drive, north of 68th Street, the sidewalk shall be installed by Developer adjacent to the townhomes abutting Linwood Drive prior to the issuance of an occupancy permit for such townhomes, and such sidewalk shall extend south to the intersection of Linwood Drive and 68th Street. e. On the west side of Lancaster Way, north of 68th Street, the sidewalk shall be installed by Developer adjacent to the townhomes abutting Lancaster Way prior to the issuance of an occupancy permit for such townhomes, and such sidewalk shall extend south to the intersection of Lancaster Way and 68th Street. f. Notwithstanding the foregoing, all sidewalks shall be installed no later than the earlier of 1) the time of issuance of the final occupancy permit for the last residence to be constructed on Said Plat or 2)four years from the date of this Agreement. ii. Final finish grading of lots shall be performed prior to issuance of an occupancy permit, but Developer shall ensure that the Subject Property drains in a manner consistent with the grading and drainage plan attached to the Developer's Agreement and shall immediately correct any areas of the Subject Property that do not drain properly. iii. All such improvements shall be constructed at Developer's expense according to the standards adopted by the City, along with all items required by the City Engineer. The City Engineer will promptly inspect the Municipal Improvements upon their completion and, when satisfactorily completed, recommend acceptance of such improvements by the City Council. The City Council shall not unreasonably withhold acceptance of such completed Municipal Improvements. 3. Paragraphs 6A and 6B of the Developer's Agreement are hereby modified to read as follows: 3 A. Developer will provide the City with an irrevocable letter of credit 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$116,525. 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, landscaping, 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, administration or enforcement of this Agreement,to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. 4. Paragraphs 7A and 7B of the Developer's Agreement are hereby modified to read as follows: A. Periodically, as portions of the Municipal Improvements and landscaping are completed, 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 landscaping which have been fully completed and payment made therefor. 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. 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. 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. ii. When all or a portion of the Municipal Improvements or landscaping have been installed,the letter of credit or surety may be reduced pursuant to paragraph 7A above, 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. 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. 4 5. The boulevard trees located on the Landscape Plan attached to the Developer's Agreement shall be installed consistent with the timelines set out in this paragraph: a. On the east side of Linwood Drive, upon the issuance of an occupancy permit for townhomes abutting Linwood Drive, but only from such townhomes south to the intersection of Linwood Drive and 68th Street. b. On the west side of Linwood Drive, when the corresponding trees on the east side of Linwood Drive are required to be planted. c. On 68th Street west of Linwood Drive, upon the construction of a building abutting 68th Street. d. On 68th Street between Linwood Drive and Lancaster Way, upon the issuance of an occupancy permit for any of the townhome units abutting 68th Street. e. On the west side of Lancaster Way, upon the issuance of an occupancy permit for townhomes abutting Lancaster Way, but only from such townhomes south to the intersection of Lancaster Way and 68th Street. f. On the east side of Lancaster Way, upon the issuance of an occupancy permit for a single family home, but only where trees are abutting the lot that contains such single family home. g. Notwithstanding the foregoing, all boulevard trees shall be installed no later than the earlier of 1) the time of issuance of the final occupancy permit for the last residence to be constructed on Said Plat or 2) four years from the date of this Agreement. 6. City and Developer agree that HSB Ventures, LLC, as successor to Contractor Property Developers Company under the Developer's Agreement, shall not be liable for any of Contractor Property Developers Company's obligations under developer's agreements pertaining to the Towne Lakes first, second, fourth, or fifth additions, and that HSB Ventures, LLC's liability under the developer's agreement pertaining to Towne Lakes Third Addition, recorded in the Wright County Recorder's Office as document number 894487, shall arise only to the extent that HSB Ventures, LLC is the successor to Contractor Property Developers Company in the Towne Lakes Sixth Addition Developer's Agreement. Notwithstanding this paragraph, Developer shall not be released from any liability arising from a wetland permit covering land in the Towne Lakes Sixth Addition, regardless of whether that permit also covers prior Towne Lakes additions. 7. Developer shall take all necessary steps to amend the NPDES permit for Said Plat to make Developer the responsible party under such permit. 8. Upon 1)the execution of this Agreement by the City and Developer, and 2) the posting of an acceptable letter of credit with the City by Developer, Kilber shall be released from all obligations of the Developer's Agreement and the First Amendment, and the City shall release the entire remaining balance of Kilber's letter of credit via a written acknowledgement to the issuing bank that the City authorizes such issuing bank to terminate the Kilber letter of credit immediately. 5 9. Notices. All notices required to be given to the Developer under the Developer's Agreement, the First Amendment, or this Amendment shall be sent to the Developer at the following address: HSB Ventures, LLC 14505 43rd Ave N. Minneapolis, MN 55446 10. Developer's Agreement. Except as specifically altered by this Amendment,the terms of the Developer's Agreement and the First Amendment shall remain in full force and effect for the properties in Towne Lakes 6th Addition. Dated this ,-.2144/1" day of April, 2017. CITY OF ALBERTVILLE, BY _.. Mayor By Its Cl: r HSB VENTURES,LLC. By '\ Its: T .mr STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , --144t day of April, 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. Maeghan Marie Becker Notary Public M , ^ ;1�� 4/1 sAA*, /Mycomanua.y31,2O21 nnesota '4 otary PubPubic 6 • STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of April, 2017, by Kimberly Olson, 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. ;x;.,,,,,, Maeghan Marie Becker 0 Notary Public A , 1.L. A .l iJ / Minnesota 0 ot. 'ubl �� 4101.4" r, s My Comn ission Expires January 31,2021 1 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) /� The foregoing instrument was acknowledged before me this A day of `l �i 11 , 2017, by ,was -}} tt�p , the pr.2,C j thA+ of HSB Ventures, LLC. ALI ketA-4.. kid oaryP b' 4 ;" ;,, Maeghan Marie Becker ►. = Notary Public b 1 r.• 1 Minnesota ,., °My Comn>i�ion Expires January 31,2021 DRAFTED BY: Couri&Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 7 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. r ref6rred Title P.O. Box 727 113 West Broactwav MonticGel13 M6 `` File O 536:,' 8 Doc. No. A 1164289 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on 12-10-2010 at 12:31 Check#: 24428 Fee: $46.00 Payment Code 02 Addl. Fee Barb Gabrelcik, Interim County Recorder Return to: (envel) KNIGHT BARRY TITLE 330 E KILBOURN AVE #925 MILWAUKEE WI 53202 CITY OF ALBERTVILLE 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 ("Developer"), 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, Contractor Property Developers Company Developer is no longer the owner of the real property described in the Developer's Agreement; and WHEREAS, Kilber Section 36, LLC ("Kilber"), a North Dakota limited liability company, has purchased the property subject to the Developer's Agreement; and WHEREAS, Kilber seeks to extend and modify the completion dates for the municipal and on- and off-site improvements as laid out by the Developer's Agreement; and WHEREAS, concurrent with the execution of this Amendment, Kilber will provide the City with a letter of credit as contemplated by this Amendment; and WHEREAS, Kilber acknowledges that it is bound by the Developer's Agreement by virtue of its ownership of the property subject to the Developer's Agreement and all references hereafter in this Amendment and in the Developer's Agreement to "Developer" shall mean Kilber Section 36, LLC; 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 3A of the Developer's Agreement is modified to read as follows: A. On or before September 30, 2011, the Developer shall construct those Municipal Improvements located on Said Plat as detailed in the Plans and Specifications for Towne Lakes Sixth Addition, as prepared by Westwood Professional Services dated February 8, 2005 and revised September 22, 2005 and on file with the City Clerk, including completion of all items listed on the attached Exhibit A, except that completion of the following items may be delayed as follows: i. Sidewalks shall be installed consistent with the timeline set out in this subparagraph: a. On the south Side of 68th Street, between Linwood Drive and Wright County State Aid Highway No. 19 (the Shoppes at Towne Lakes 2 plat), the sidewalk shall be installed by 1 Developer when a building is constructed on the lot adjacent to 68th street where there is no sidewalk currently. b. On the north Side of 68th Street, between Linwood Drive and Wright County State Aid Highway No. 19 (Outlot A to Said Plat), the sidewalk shall be installed by Developer when a building is constructed on the lot adjacent to 68th street, and such sidewalk shall extend from the western edge of said lot east to the intersection of 68t Street and Linwood Drive. c. On the west side of Linwood Drive north of 68th Street, the sidewalk shall be installed by Developer when a building is constructed on a lot adjacent to Linwood Drive, and such sidewalk shall extend from 70th Street to 68th Street. d. On the east side of Linwood Drive, north of 68th Street, the sidewalk shall be installed by Developer adjacent to the townhomes abutting Linwood Drive prior to the issuance of an occupancy permit for such townhomes, and such sidewalk shall extend south to the intersection of Linwood Drive and 68th Street. e. On the west side of Lancaster Way, north of 68th Street, the sidewalk shall be installed by Developer adjacent to the townhomes abutting Lancaster Way prior to the issuance of an occupancy permit for such townhomes, and such sidewalk shall extend south to the intersection of Lancaster Way and 68th Street. f. Notwithstanding the foregoing, all sidewalks shall be installed no later than the earlier of 1) the time of issuance of the final occupancy permit for the last residence to be constructed on Said Plat or 2) 10 years from the date of this Agreement. ii. Final finish grading of lots shall be performed prior to issuance of an occupancy permit, but Developer shall ensure that the Subject Property drains in a manner consistent with the grading and drainage plan attached to the Developer's Agreement and shall immediately correct any areas of the Subject Property that do not drain properly. All such improvements shall be constructed at Developer's expense according to the standards adopted by the City, along with all items required by the City Engineer. The City Engineer will promptly inspect the Municipal Improvements upon their completion and, when satisfactorily completed, recommend acceptance of such improvements by the City Council. The City Council shall not unreasonably withhold acceptance of such completed Municipal Improvements. 2. Paragraph 3E of the Developer's Agreement is modified to read as follows: E. 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 2 work on any Municipal Improvements whom: 1) Developer has failed to fully pay for the performance of said work, and 2) have filed a timely lien against property within Said Plat which contain Municipal Improvements; and 3) the contractor performed such work after the date of this Amendment. 3. Paragraph 3G is hereby added to the Developer's Agreement to read as follows: G. In Outlot B there is a sanitary sewer line and water line caused or installed by the City along Lakewood Dr. running to the east end of this Outlot B to provide a loop service to the adjacent development. No service tap extensions were installed to serve Outlot B and need to be installed at a later date at Developer's expense. The City hereby accepts the sanitary sewer line for purposes of commencing the warranty period for such sewer line. Developer shall not have warranty responsibility for the water line installed by the City in Outlot B in 2009. 4. Paragraph 4A of the Developer's Agreement is modified to read as follows: A. i. Developer may either 1)complete the installation of paved private streets, curb and gutter, street signs,traffic signs and drainage swales prior to the issuance of an occupancy permit for any of the lots in Block 1 of Said Plat; or 2)construct those portions of the paved private streets, curb and gutter, traffic signs and drainage swales that correspond to the selected lots in Block 1 of Said Plat as shown in the phasing plan attached as Exhibit B to this Amendment prior to receiving an occupancy permit for any building in such phase. In the event Developer chooses to initially construct only portions of the on-and off-site improvements consistent with the phasing plan, Developer must construct Phase 1 first and may not construct buildings on lots 1-14 or lots 29-42, Block 1 of Said Plat without first extending the private drive north and connecting it to Lancaster Way between lots 38 and 39, Block 1 of Said Plat. ii. For any lot in said Block 1 that Developer seeks an occupancy permit for, the items listed in this subparagraph shall be completed prior to issuance of the occupancy permit when weather permits and by the following June 30th when an occupancy permit is sought after October 31St but before April 15th when the Developer escrows for incomplete items as set out in this subparagraph. The yard top soil, sod and seed in all yards, landscaping, grading control per lot,bituminous or concrete driveways and parking lots, berming, and like items as necessary, all as required by City ordinance,will be completed as construction of the adjacent residences occurs. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards and City Ordinances as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all 3 areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Erosion control and drainage swales shall be installed upon initial grading of Said Plat, and street cleanup during project development and residential home construction shall be continuously performed by developer as necessary or direct by the City. The City shall not be required to issue a certificate of occupancy for a completed residence until the corresponding on and off site improvements(yard top soil, sod and seed in all yards, landscaping, grading control per lot, bituminous or concrete driveways and parking lots,berming, and like items as necessary)have been completed, or, if completion occurs during winter or frozen ground conditions, developer may receive an occupancy permit after escrowing cash or other acceptable surety with the City in an amount sufficient to pay for the completion of such incomplete on-and off-site improvements corresponding to the building for which an occupancy permit is requested. 5. Paragraph 4B of the Developer's Agreement is modified to read as follows: B. Developer shall, at its own expense,be responsible to ensure following items are installed within the development, 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 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 streetlights 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. Developer shall install each streetlight at such time as a building permit is issued for the lot adjacent to the location of the streetlight,provided that all streetlights shall be installed no later than when the building permit is issued for the last residence to be constructed on Said Plat. The Developer shall be responsible for streetlight operational expense until such time as the City accepts the publicly dedicated streets upon which such streetlights are located. 6. Paragraph 4D of the Developer's Agreement is hereby deleted. 4 7. Paragraphs 6A and 6B of the Developer's Agreement is hereby modified to read as follows: A. Developer will provide the City with an irrevocable letter of credit 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$171,733.50. 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, landscaping, 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, administration or enforcement of this Agreement,to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. 8. Paragraphs 7A and 7B of the Developer's Agreement is hereby modified to read as follows: A. Periodically, as portions of the Municipal Improvements and landscaping are completed, 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 landscaping which have been fully completed and payment made therefor. 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. 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. 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. ii. When all or a portion of the Municipal Improvements or landscaping have been installed,the letter of credit or surety may be reduced pursuant to paragraph 7A above, 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. 5 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. 9. Upon purchase of Outlot B of Towne Lakes 6th Addition,Developer agrees to grant a permanent public trail easement in the form attached as Exhibit C to this Amendment over a portion of property adjacent to Lakewood Drive for a walking trail so that the City may complete the paving of the walking trail, solely at the expense of the City. 10. Upon purchase of Outlot B of Towne Lakes 6th Addition,Developer agrees to grant a permanent drainage and utility easement over all of Outlots A and B and over Lakewood Drive all as depicted on the"Towne Lakes 7th Addition"proposed plat attached hereto as Exhibit D. 11. The boulevard trees located on the Landscape Plan attached to the Developer's Agreement shall be installed consistent with the timelines set out in this paragraph: a. On the east side of Linwood Drive, upon the issuance of an occupancy permit for townhomes abutting Linwood Drive, but only from such townhomes south to the intersection of Linwood Drive and 68th Street. b. On the west side of Linwood Drive, when the corresponding trees on the east side of Linwood Drive are required to be planted. c. On 68th Street west of Linwood Drive, upon the construction of a building abutting 68th Street. d. On 68th Street between Linwood Drive and Lancaster Way, upon the issuance of an occupancy permit for any of the townhome units abutting 68th Street. e. On the west side of Lancaster Way, upon the issuance of an occupancy permit for townhomes abutting Lancaster Way, but only from such townhomes south to the intersection of Lancaster Way and 68th Street. f. On the east side of Lancaster Way, upon the issuance of an occupancy permit for a single family home, but only where trees are abutting the lot that contains such single family home. g. Notwithstanding the foregoing, all boulevard trees shall be installed no later than the earlier of 1) the time of issuance of the final occupancy permit for the last residence to be constructed on Said Plat or 2) 10 years from the date of this Agreement. 12. All landscaping plants other than boulevard trees shown on the Landscaping Plan attached to the Developer's Agreement shall be installed consistent with this paragraph. Trees, shrubs, berms and screening are to be planted and installed as shown on said Landscape Plan. The Developer and all successor lot owners shall guarantee that all new trees and plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Each lot owner will be required to post a cash escrow with the City prior to the issuance of a building permit for such lot. The escrow shall cover the estimated cost to purchase and install landscaping for that lot and the escrow shall remain with the City for the full two year guarantee period to secure the performance of Developer and its successor under this subparagraph 1K. If Developer or its successor 6 fails to install the landscaping or replace such landscaping that does not survive during the guarantee period as required by this subparagraph,the City may draw on the cash escrow and install such landscaping using the cash escrow. All such landscaping shall be installed in the same building season as the final occupancy permit is issued. If weather conditions prohibit the installation of such landscaping during the same building season as the occupancy permit is issued, all such landscaping shall be installed during the following building season. 13. It is expressly acknowledged that the townhouse development to be located on lots 1-43, Block 1 in Said Plat had building plans that were filed by a previous developer and that the Developer does not have the rights to said building plans. Developer may submit alternative building plans for review and approval by the City Council,but the City Council shall retain discretion to approve or disapprove such plans, and the City Council acknowledges that Developer will not be building the units shown on Exhibits E-1,E-2, E-3 and E-4 attached to the Developer's Agreement unless Developer can successfully acquire the rights to such plans. The City and Developer intend that any such alternative building plans will have similar livable gross floor areas, garage sizes, exterior materials,percentage of exterior brick or stone and similar exterior foundation landscaping. 14. In the event the Developer chooses to substitute a new letter of credit for the existing Alliance Bank letter of credit, such replacement letter of credit, in addition to being issued by a bank and in a form acceptable to the City Attorney, shall be in an amount of $171,733.50 15. Regarding paragraph 2K of the Developer's Agreement, the City states that there is no cash escrow for this item and the dollars for landscape plantings are part of the Letter of Credit. 16. Regarding paragraph 2Q of the Developer's Agreement, the City acknowledges that the amounts due by the developer under this paragraph have been paid in full. 17. Regarding paragraph 3C of the Developer's Agreement, the City acknowledges that the water main necessary under this paragraph has been completed and there is no further obligation by the developer under this paragraph. 18. Regarding paragraph 10 of the Developer's Agreement, the City acknowledges that fees corresponding to the numbered lots and blocks under this paragraph in the amount of $19,162 have been paid in full, but that the fees corresponding to Outlots A (which Developer does not own and is not responsible for) and B have not been paid and will be due at such time as such lots are replatted into numbered lots and blocks. The amounts due at such time shall be based upon the rates in effect at the time of such replatting per City ordinance. 19. Regarding paragraph 19 of the Developer's Agreement, the City acknowledges that fees due under this paragraph in the amount of$14,328 have been paid in full. 7 20. City and Developer agree that Kilber Section 36, LLC, as successor to Contractor Property Developers Company under the Developer's Agreement, shall not be liable for any of Contractor Property Developers Company's obligations under developer's agreements pertaining to the Towne Lakes first, second, fourth, or fifth additions, and that Kilber Section 36, LLC's liability under the developer's agreement pertaining to Towne Lakes Third Addition, recorded in the Wright County Recorder's Office as document number 894487, shall arise only to the extent that Kilber Section 36, LLC is the successor to Contractor Property Developers Company in the Towne Lakes Sixth Addition Developer's Agreement. Notwithstanding this paragraph, Developer shall not be released from any liability arising from a wetland permit covering land in the Towne Lakes Sixth Addition, regardless of whether that permit also covers prior Towne Lakes additions. 21. Developer shall take all necessary steps to amend the NPDES permit for Said Plat to make Developer the responsible party under such permit. 22. Developer's Agreement. Except as specifically altered by this Amendment, the terms of the Developer's Agreement shall remain in full force and effect for the properties in Towne Lakes 6th Addition. Dated this 6day of December, 2010. CITY OF ALBERTVILLE, By P6-k,u. Its Mayor By � 1 Its Clerk Kilber Section 36, LLC By c�-__042/&,,_a_7,4...„1 .zLC- Its: / - t By Its 8 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of December, 2010, by Ron Klecker as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of , e City Council. 1 ��`' MICHAEL C.COURT 1 / C( ,, f ,y, NOTARY PUBLIC-MINNESOTA `%.._ My Commission Expires Jan.31,2015 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , :,a day of December, 2010, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal co ;i,;== - - - - -`_,,d pursuant to the authority of e City Council. ?) F MICHAEL C.COURT 1 i / f}" NOTARY PUBLIC-MINNESOTA 4/ C.- 7,.......t7 My Commission Expires Jan.31,2015 1 1 . ti -,-- 4 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 7X( day of , 2010, by Jeff Kilber, president of Kilber Development, LLC, president of ilber Section 36, LLC. 22,,%."(-6„...... MICHAEL C.COURT Notary Public ( NOTARY PUBUC-MINNESOTA 1 Cormsson Expires Jen.31,2015 DRAFTED BY: Couri,MacArthur&Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael,MN 55376 (763) 497-1930 9 • DRAFTED BY: Couri, MacArthur&Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 10 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. 12 CJ3-61.: 1 t 'J VM-69t S -- • .f 1 a _ r '7.� s +4 TO NE L > , H-609 F URE ?-=J uM-610 . , I_ .03-54 )1 ce-!Ale 0Ce Nn-58A / G9uM-55 w _ •.r ,:- • .r„ NIL ', . 11. , :-;1:,41-.3',:, 444 81.1M 40. ,,,iit i 'NN'4 / Tti 39 ► i ''/ '`.A CatAM- 51 „#.7 .;.' <.' ".. fr' ----,/:,,, •••••,,„,, , ,• 2 -catAH-5 •// /' if N/ as, • "- e• .- 5 ,,, -<:',../„,-- . it ,,,,, ,_ca.-57 / iii -N., //1 ''',,,,,X ,, . , •Y 't ;{ „,..... „..,,,,,C,',13 �' • • C-ill' IN: * P. / . --`7.`'.N-, ,,.N. ,' , / / ,` t2 r}, i. �, r .. \./ ceun-1oz / . 603 - /c' ` '�` < y [J �} �~ / IN g'iri i (/ „. ••••. . ,..,, .„ I f- i 1 / - _.. r ?,/ / Tc �' �j 111 , _. ,,,,,, -,,,, 6 c8/_100/../ a-loo ..,./......./y/ � ' TU1 —4 -- 4,,.. _ At ,,,,, un-•507 <3.� - l , t j _ j I // r .... , -... /9° .L ,, � ��. 2 ////t..; f, , i _ _ _ _ .,....,„ ,. , . ,,,.., ,, .. ....,605 ,._,,... / /47 / ,11111111 II } M lia ///:// l'- ' / 7 /7 j s�H�sz ticx. µ �:. - 1 r i F 1 TOW SAKES TON // L. r,„ • �”� 1 m' tri �i I '' � �'� r• V rt . .c.i �.i�� 4 .. • .—' — 7 1 i 1741\N-NE-2-LAK, E-S-ST1--t- 1A- .1.-)1,T(;?N -1 ii, ----; d ,_____ f i ^I'r- --1 1."-- —3.I r- BAhi - it P fURJRC C11511NC PROPOSED 0,- ev S e.er ------ ----- G.v.�'.*., c 01 O EXHIBIT C PERMANENT TRAIL EASEMENT THIS INDENTURE, made this day of , 2010, by and between Kilber Section 36, LLC (Grantor); and the City of Albertville, Wright County, Minnesota, (Grantee). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for good and valuable consideration,the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents, does bargain, sell and transfer unto the City of Albertville its successors and assigns the following: A permanent trail easement, for the purpose of constructing, maintaining, and public use of a trail, over, under and across that area shown on the attached Trail Easement Exhibit over that part of Outlot B, Towne Lakes 6th Addition, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Beginning at a point on the southerly line of said Outlot B, also known as the northeast corner of Lot 7, Block 7, TOWNE LAKES 5TH ADDITION; thence North 71 degrees 04 minutes 10 seconds West, along the northerly line of said Lot 7 and its westerly extension, a distance of 197.08 feet; thence North 18 degrees 55 minutes 08 seconds East, a distance of 40.00 feet; thence South 71 degrees 04 minutes 10 seconds East, a distance of 221.26 feet; thence South 18 degrees 55 minutes 50 seconds West, a distance of 40.00 feet to a point which bears South 71 degrees 04 minutes 10 seconds East from the point of beginning; thence North 71 degrees 04 minutes 10 seconds West, a distance of 24.17 feet to the point of beginning. Grantor does hereby covenant with the City of Albertville, that it is lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. 13 Kilber Section 36, LLC By: Its: STATE OF MINNESOTA ) ) s.s. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2010, by as of Kilber Section 36, LLC, Grantor. SIGNATURE OF NOTARY This instrument was drafted by: Court, MacArthur&Ruppe,P.L.L.P. 705 Central Ave. East P.O. Box 369 St. Michael,MN 55376 14 1:\ALBT\R 1 1,§§68 .1 se.; . I. i - '- It! . •• lit D r Do t,4 o o / N L rn 'I w •/ ��� �'', N 1 _ B c ,, �� ` 40 ps 08'E /' 0 I / 0 /I �` oR��F l 11 b © it .„ . / / 73 ii3:: 03 rt (rTl K Caz o .i; 2 / D K o / 7N 0 a. � r_, 1 / 2 a / ---i tw,, m / -' /� O // * 0 � 0r :x; a r c Q f 1T �. Y /.o co O / -1 91 o = � O � o ' -z -1 �_ / • � � /� z - :l-, Z y -i-• 0 r— ? , l /V O��y /� z ? I�, � y� / / M /"I � zD m� �, / / ti ;� D K 3 - !. •y zco K r m °)im Iz / --I / T. K D � z K •—i ° a �ao / // 11 D / 'c. wC DX �•�// // C- 111 w z z � O � I, Z / o J`< — / o r, Kc� y / A-o / C4 / -17- i-- v O / r N.) / -n In 0o7 ----__._,,i,/// r cn L S 181:°•06.7 O 0 W Z S0' 55 � 0 0 • v zmcno trio Oo trio --J Z-I0 =,,-,.CO a�t >- - I 13 00000 -* 01 ' -P-*tri-* cu0O030 m Zm b CCo _ _ ...omO 073 Li� wmc> ?? n m m iJ prt,a .-ONo4'3 (.0- Q• aOD CN , maOa0 Op .....,`"I(3 c02 0,--.p r° O� n Oz° 6z "i o m om oo - C o rn as3 mo 0D� ° *- cO z5a aQ NN . a,. iN -,. N - , (D C ° .° O" DOPl O " Ot -nO x O m m-mZx .0 t° � r tN „-O N N ,+n , On 0 N O!"•O'' 00•+ CD ( C ° ••-i-O O• O C0 CD 0 (D -I(D �+• Oc cn —I g _ o 00 , 03cn .- ° 0 —I 6--C3 —0a,- r; m3a � 0r rn0 u, a..< 90 00a0t00arc =o ,.,.o, fo _ o CD 0 :Ll co 5 aiD N xJ NCO �p D (-) .-.. CD C) x Sip - , ,+.-.•CO o y x 4'Z -„3 5'ch m Karo ? 0 ,_ Qo p g < o ! Ir— 0 o 5v C7 '`Ic m c rt�o m0 Z< 3 =Jo K3Q Z p ° O 7'o 1 m O o y., -3-t O N -0 n:rts,+a Sp co ZO_�?0 0 1CO V o'a O _ N_S _ J ° rt O o 0 N n nl ti m o m Z o o� oma° oaf° 03 -I,'Om �7 C o 00 D n =� �, 0 as as p m o 0- a� m a o •+N rt N p Ul N .Nr to N rr p N C) J p N CD ri CD o a m o m O U) gin p m Dap o ao 0 O acn CL, U) m 0 coS0 N 0 t7 0 °a 0 • EXHIBIT D PERMANENT DRAINAGE AND UTILITY EASEMENT THIS INDENTURE, made this day of December, 2010, by and between Kilber Section 36, LLC (Grantor); and the City of Albertville, Wright County, Minnesota, (Grantee). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for good and valuable consideration,the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents, does bargain, sell and transfer unto the City of Albertville its successors and assigns the following easement to the extent that Grantor lawfully possesses such lands: A permanent drainage and utility easement, for the purpose of constructing, maintaining, and use of drainage and utility facilities over, under and across those areas of Outlot A of Towne Lakes Sixth Addition, according to the plat of record as recorded in the Wright County Recorder's Office, Wright County, Minnesota, depicted on the Attached Exhibit A as 10 feet beyond the boundary of the wetlands as depicted on Outlot A, all of Outlot B and all of Lakewood Drive, depicted on the proposed but unrecorded Towne Lakes 7th Addition. IN WITNESS WHEREOF,the said parties have caused this instrument to be executed the day and year first above written. Kilber Section 36,LLC By: Its: STATE OF MINNESOTA ) ) s.s. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of December, 2010,by as of Kilber Section 36, LLC, Grantor. SIGNATURE OF NOTARY • This instrument was drafted by: Couri, MacArthur&Ruppe,P.L.L.P. 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 4-� ..i. { . -IN TN's4,. t�/ ,oR •#Q ,fin / 0 d i / 4'1,-t3j F 1/ / A --',,, ( t l• ',:v„, `"s /_ ° �\ /\5 a \ ...\ ` t / 1 oc\ 1E /s• \ Tts ;kit L_� \•iigi \ /i ti /:,^ Wit\ •/ % i \ r ' a3 / /P. oa\ " esc' C7 8i ir_ \/, N P C_ I �� /\ m __Ci i O f '1'1�._��_'�1lAi`e`N I1 S pd /�A%/ 27 a C1 \rte 'IILj. �� w, 1 4,= a a7 0\g $. w } _ YY cyay' a`a - < E 'F F ._L N 10 In a Ftp- , �' E ,q..1d' F a i 1L } asa .;w^ \.49 x —� /� \`� @�, ester �•-._ N 4fiYY %,\\ \ sly '{ M t00gd1 N v-\ t:{°� �L'e!L F__ _..\7-— \\\1- 1{P r I \ — a .R� , \ \ \ V+ ;. '•I SI11t to I \ 'c ., ' i \ \ + \1. %\ \ 1 =BIW 'IL Vi \ �' t. �N ' \ \- u o �\y I a i "'61t9 '.,r I _.- \+\a y\\t` \\+\ 'I ec 'C1 //,e / —,-1\-- N \\\ "�A \ ,g \ \ , ' ,C• e-' op G- <> T \ }0.4) > O woo M 11\\ \ '----4.''''',e),. a J\15,„,, H r.z.aafr?�d 1�'- �YHri • 4< \ I/ti oe-_ ��`. 46' a``� ;;;-.7,-;-.1- �ilp t'4i� ,kyr '-':' V tel - 9 f \ e 0\\✓/i --6;a1 `I 9'' __ 1 fI Y. J� �' I 0Usua1 ut%S -V1 1/ • \\\\z \\ •i 'Pi \\s a 1 G. sez I F�' CO \\\')/''' a�,r oCi 4 / \1\+ f\\'A N V6\Ci- Aa 9k- - - -'IQag+\ \' %v �\o r L_---_-_____,-,9-6-...c, 1�__ L I "- _ I 1 I\ \ +�� -sc54 - �'a �a CO pi. I i .• -'-x sz.tT.ol'e 1 \\\ _ �) e�wt_----� s+mayy sn rol11 CA 11, I_ ..,,_...-41, P+i l0 '�1 + %i-0020 �N .�1a o �; 1 .2p Ij 11g �It ,�/ �i�"' .n� yir L• enrol ' ,^ t m 11 F g 4> 1+ 8 ser I \ I� \'1. IV /F9/ec'�Yl/Ly I• II $I1- _t az 's _.1 4t'. M.021feLON x .L L IM CJ I_+1'^ 4Yts�_____gym a• c II a� % �_ __---)1:4F1.,-�N .I I74 L_ ___l 1,-ii Pu•a {(5. ^l L {c -�,w �t 1 1 1. C____M.L4+4.w N- §'g i'$ !I cE II I A'-we '<2) \II% \., ,I N Si I 1. al I g 81:$d I /^)- N 00°arlO•f Ye = NL < a L, I $,d ▪ la _ 01N-`r y -M.NN 0IN ��` yI PA P \\ i'-'1---:- Rei Iy , I A� e 0 :41 -\\ Ir''1e * I $Q��6y,0�1�`r���4 IIB,, Cio p{u 4a2t4 pyL g -�.'4° -_�- --`�z: -i. \\ . A _..e.,..--pi #8b5g,' A_1_____,, __] 1_._-_- .\ M, ltiooN :(t 'NOOa2211'W �; 7 00'GL ,i'Y N. lfoO1 N/ rase as<e zexe *C't°N a /.-•�`,OL l M.&Z.0 '(-=; 5a22°314 � ,- P 6L !Z M.F'7. 3n 1 a �V� au ki /' Esc �, .T `r'f` 590 CP°�.°P g 4..-j 4 to v'53 t. ar. a a,g- I ° t ago � �� k - 1--w a o�bR •Bg 11 " 0 1111 T 2 s o l s <N • ;$i fa ED Flo s ill o o 3 11 Q Al IP IP s O y ,�a qi11212.4 € of $ y to 4a t VA:P V / .. r o..� $ N W°00'30'E �, / / '\ g+ l .w ywaE_ 005.00 JJJ t Ito / d/'/'¢ k1 I ace,N_--\ p00 Vi04 i= _C�/ iR t. \ ba%\.,'/// w o ////' 41" cI ^',--..„0.7.7._-,, ,,"\,ci %/ SIEL '1L •nao�rox•E L-\ �1r,'p�(m'0 v Coe ''''', <�i�__\ n\$r ' y O til' y'.o .a T,r' moo 1 Tr)�J'e vi'//! ISS S\Jl i',1 It , Nmroav°•E Jg ss as'ul �1 18 y V ff*fr `"" raL'' :'a �3Yi\g I).66 1 4� Mm^oono'E Vin\ m \ 18 I I 's e \ �� ,_ N 00.00.50•E J 1 CO 8 A • \o • 1 § 'w �, v \� iyrsi�µ,amic i r Imm 1 • L Na^oo`oxr j tt" ii iii ItY \$ v\� i ►•6yere II '81 18 IJS00 o S' a L N Opbo'S0•E 1 z 8I +► i s . C 615 _,, r moo 1• ig L N oo�mbo•E .1 10 1 N\'• #1-‘11-- I I m • Z m 1 N.[¢01-11 N 1/81 A 16 '• � moo I I �ri • � 4I L N 00b'No E j 81 G 18Mill r . , ,115 �i I r moo 'l •li L Hoo=o°•s°•E j i O —1 I �1L. 003. 1 j 1 g� 11! �B • r..50,11,10 MOO l 11,10• 1/ L N0U"OySo E j 81 C4 18 I „ail 4"w m �i I8 �,f p X 810 r moo '<1. L NPO." E 6 • r r.um l ai is I i I ¢ E--- --ik L xoa=ms°•E J 0 81 N I8 7 III 1111 I oe I ; f — I r IMOD 1• • L •00.00'so•E 4v a ,' r3 I e 81 V 18 I !MOO l 1 ?s �//!�—..L7-4-4°0kP;7y..E, I 4�� / lr��`` �. L Nm•Ctl'Sp•f� $i '® / 7515/ n,>$0.,I ,/ J! f moo "l L N aroo'w•E vj % ! Cs/`i--7 / / ��/ -� 118 I • r 15300 1 % / / / g, rV ! iP/ Cb 18 a 1 1 i ! C, 1 4 r\`\\S�' !fl' L N 00°0030'E J 15 35 I YyF•0 45 1VIP8 Jy` /;'4Y/ C k \�W \�oJl //— I59.50 9St1 _._—_�i6—N 02.50.3r•F---.,1 4' / / •7! �) iA 4°. .l ti n----atlio— a¢w-j, <-;---4N.,. / / C) /4 /t k;/ r�c, l� � I d/ti I I T J/o/�!`�7 I / y! '� //r' \���"a�,•f LpJ� �l �l$ zs C.S)I\ I V -� hb• l 1 ` ,/ :'per. ! L.` 1-"1.1.,P V` issa f,,�4#Zt A' '1, r- N".c\ -,-- a,,`!�"� / /I,` \� oho ../4'' 'zn—�, ',•a,' 'Al ilk E . i..,- L Yat Y 9. / /ti s.c1d �'e OW I C' Illi9 \,6. �i.\- x// Otis'sf �`` // .I g n� til �� \\�/''' \ / i.^/a\\\\ try, .s� \ d, ..fE \# /1,1, \\ fig / �Y" /)_,;\\ 5.\-.- / / ,�, °� fi�tg t°�\ // �* tui s 0 ,-, X18 y, m 4.92 i..„, ,Lt� 1, '/ �. ,„<, it'll 4r • ° 4I.8 I. -g io u h--ro @ I.3 � 11 li. 8 c • t $7a' ;405 o I� pa 9.8.S t' +1--- g g ' 3 X 1 4' _ g s o W ° A g o 4 —I a N i g 4 > E W WI $ a t sry § aagu I 99 r I—l° $ 31a ' \� w @• °k 0 a-o ` `A� N d'`,,� `'ice;, 4. 1 Arh °• � o `---+l--- ° 3 gs ^.,�' 'h P `: <�-n N 00°00'30'E I is M r___ t___ ' 3 ` bel+ 2�:" ZY35r• .__ 135x00 L —— m S m N. 1f1 • bc 05 .4). I,. %is 01 44 a m r • I -`" l, . Yp $ +m a a C' iii -1 4 • a1 K. may8 v z Z:4 i�� VII 00111 it a a"4 3 �" 'Af 44 \ :icc v I ▪ N .' S. \ lig ,3] 1 n co $ 3 $ N \i'')'. 8 Y o A l� - a riki <':", ^�r� p X42 A2�F `3 tie #off �� 8vtau s'a .�'t � � +r Z ) N....... (4 a \\ Nom\ i, A y viseallill $ __ _ — _ Ildko t NI* , lip i aP, kii I a y A''''''' `Sb V I �"\ ids' Pito ; ti-1 1:14 <_.. , 1. 1111I P it 1111 ch p 4. III m II ll$ -I Ia 3M \ PS 1.15 J k - AV ' = a �' wN M.rl.01 "" /*00 .2,.t 1V ——— Nar"..3 -I°L"''.0.W/.' tom;` urk ,gso.c0 X �// r;J;:TERs� `?'Af ' '41 1 �6 PASS ESTATES Tt o 1,g A5-;,‘,1, m i no y m O N PP 3 i ; l 43 PP vga; > a t141 51 vs ¢ a $, w -yRel aha g # 1-'2. -, if o 3 RE a s $a g11 o 1 lra2 2. S s � 3 04 2a %- P 21.3 rn � � i� sa il Er IJ �� R4 µ O o i g it n Wa i Cn Q° $ & X dpi aell i 3 i p a' a n3 ��� m t tem i 1 t m s m k a 7 °�s 2 41 b t 9 1 21 1$ t i r$4. Dpi li $ g 5 $: i •' g11 o s a$ 0 a 1 12 e ag ; .41 41 a s H C F a s rNR p ; 15. S I1: g g_ x ! t2 11111 ! i a i 4 a ! 1 F 111 fret 3 t 8 $g $ _ S R s rift t t a 1,12 V il A 9 4 il ''' m lx12 ;pf.k.; 1/44,-; 11 If I p�-43 qe144 a a Nig 3 I t,a�� <' P I n s ; O 31 1- s R t € oI ii 'gg; 4waft o a: deg IIC ai P i $ �g ;1 LI !Olt l 1114 mo m 5 m 1 m <m !d tom m �oQS h 417 a ; g a a$ t o 12 :at d: yes a b a i :a 4 n11 gqg I5 I a _ e rn 4� 4g .a g X $ �g = s- rtt r. ay s ..o y °o qp �O �� �� :w