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2006-08 Amendment to Maintenance AgreementR , AMENDMENT TO MAINTENANCE AGREEMENT FOR ALBERTVILLE PLAZA AGREEMENT, made this day of August, 2006, by and between the CITY OF ALBERTVILLE, a municipality of the State of Minnesota ("City") and ALBERTVILLE PLAZA, LLC, a Minnesota limited liability company and its successors and assigns as the term ``Owner" is defined in .the Maintenance Agreement for Lots in Albertville Plaza Addition dated March 2, 2001 between the parties ("Maintenance Agreement"). RECITALS: A. The parties entered into the Maintenance Agreement for Lots in Albertville Plaza Addition; B. Outlot A of Albertville Plaza Addition has been replatted as "Albertville Plaza Second Addition"; and C. The parties desire to modify that Maintenance Agreement pursuant to this written instrument. NOW THEREFORE, in consideration of the foregoing Recitals, the mutual covenants and promises made herein, it is hereby agreed as follows: 1. Storm Water Ponds. The definition of storm water ponds contained in Paragraph 1(g) of the Maintenance Agreement is hereby amended to also include all of the drainage easements reflected on the plat of Albertville Plaza Second Addition and dedicated to the City. 2. Maintenance Costs. Paragraph 3 of the Maintenance Agreement allocated 42.6% of the maintenance costs to Outlot A. Said allocation shall be modified so that 21.17% of the maintenance costs shall be allocated to Lot 1, Block 1, Albertville Plaza Second Addition, and 21.43% to Lot 2, Block 1, Albertville Plaza Second Addition. 3. No Other Modifications. Except as specifically modified by this written instrument, all other provisions of the Maintenance Agreement shall remain in full force and effect. CITY OF ALBERTVILLE a Municipality of the State of Minnesota By: Don Peterson ~~ Its Mayor EXHIBIT ~ ~ and By: Bridget Miller Its Clerk STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of August, 2006, by Ron Peterson, `the Mayor and Bridget Miller, the Clerk of the City of Albertville, a municipality under the laws of the State of Minnesota, on behalf of the City of Albertville. Notary Public ALBERTVILLE PLAZA, LLC a Minnesota Limited Liability Company By: Reginald A. Plowman Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of August, 2006, by Reginald A. Plowman, the Chief Manager of Albertville Plaza, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public ~, ~fi`u,g 21 2006 4:35 ~. GROTH LRW FIRM, LTD. 6123496210 CITY OF ALBERTVILLE N[AINTENANCE AGREEMENT FOR LOTS IIv ALBERTVILLE PLAZA ADDITION AG ALBERT` PLAZA, I "Ow'ner" i 1. this A¢ree a. b. c. d. p.l ~i.EEMENT, made this _~ day of March, 2001, by and between the CITY OF ~II.LE, a municipality of tl~e State of Minnesota ("City") and ALBERTVII.,LE !LC, a Minnesota limited liability company and its successors and assigns as the term hereafter defined. DEFINITIONS. The following teens, unless elsewhere defined specifically in t, shall have the meanings as set forth below: OWNER(S). Owner initially shat mean Albertville Plaza, LLC, a Minnesota limited liability company. It is acknowledged that Owner intends to sell the lots in the Plat. Each anct all subsequent assignees of the Property or any portion thereof shall collectively be deemed to be an Owner for the purpose of this Agreement. If any portion of the Property becomes subject to a contract for deed, the contract for deed vendee shall deemed to be the Owner unless the contract for deed specifies otherr~rise and notice thereof is given to the City. In the event of an assignment, transfer or conveyance of the ownership of any of the Property without retaining any beneficial interest other than under the terms of a mortgage or without simultaneously acquiring a new interest on such parcel by way of Leasehold, life estate or other possessory interest, then the obligations hereunder wiH be deemed assigned, transferred and conveyed to such transferee, assignee, or grantee; the obligations will be deemed assumed by such transferee, assignee or grantee with the interest so acquired. Not withstanding the foregoing, any rnortgagee who takes title to such parcel by foreclosure or deed in lieu of foreclosure shall be liable to perform the obligations burdening such Property pursuant to this Agreement. PLAT, Plat means the Plat of Albertville Plaza on file and of record in the office of the Wright County Recorder comprising of real property located in the City of Albertville, Wright County, Minnesota. Said Plat consists of Lots I through 3, Block L, and Outlot A. If Outlot A is subsequently replatted into one or more lots, it shall include such replatted Outlot A. PROPERTY. Property means the real property within the Plat owned by the Owner. SANITARY SEWER. Sanitary sewer shall mean all sanitary sewer pipes and appurtenances constructed in the Plat but shall not include the stubs to the individual lots within the Plat. It shall also include any subsequently installed 2 EXHIBIT ~-Z R~~~ 21 2006 4:35 I e. f, 1~ h. GROTH LRW FIRM, LTD. 6123496210 p.2 sanitary sewer as part cif any replatting of Outlot A but shall also exclude any stubs to individual lots that are platted as part of Outlot A. The legal description for the easement area of the portion of the Plat for sanitary sewer is set forth on the attached Exhibit A. STREETS. Streets shall mean those roadways installed in the Plat as presently reflected on the Flat together with any additional roadway that may hereafter be constructed on Outlot A. The legal description for the area for streets is set forth on Exhibit B. STORM SEWER. Storm sewer shall mean ala storm sewer pipes and appurtenances constructed in the Plat. It shall also include any subsequently installed storm sewer a~ part of any replatting of Outlot A. The legal description for the easement area of the portion of the Plat for storm sewer is set forth on the attached Exhibit C. STORM WATER PONDS. Those portions of the Plat which have been set aside as storm water ponds as legally described in the attached Exhibit D into which storm water drains. WATER MAIN. W<~ter main shall mean the water pipes and appurtenances constructed in the P}at lout shall not include the stubs to the individual lots within the Plat. It sha(I also include any subsequently installed water pipes as part of the replatting of Outlot A, but shall not include any stubs to individual lots that'are platted as part of Ouclot A.. 2. _MAINTENANCE BY CITY. The City shall maintain, repair, and replace the sanitary se ,er, storm sewer, streets, starm water ponds, and water main in the same manner and with ~he sa : e degree of care as if they were owned by the City. Such maintenance shall include snow': rem ' al, street sweeping, and Wither maintenance and repair typically performed by the City. 3. ~ MAINTENANCE C(?STS. The City will bill the Owner for its costs of performing the services under this ilgreement on a quarterly basis. Such costs shall be reasonable 'nd in proportion to the actual costs of the City performing such services. The fatal costs; shall a allocated among the lots in the Plat in proportion to their square footage which is as foiRlows: Lot 1, Black 1 ZS.S6% Lot 2, Block 1 ] 5.96% ~ Lot 3, Black l 15.88% Outlot A 42.60°~a TOTAL 100% 3 ~F!ur 21 2006 4:35 GROTH LAW FIRM, LTD. 6123496210 p.3 i ~ __ ~_ ~! I Such charges shall be invoiced to the (.)weer and shall be due and payable by the Owner within thirty (30) 'itlays after invoicing ("Due Date") by the City. Bills not paid by the Due Date shall incur the sts;<ndard penalty and interest established by the City for utility bills within the City. If any t<uch payment is not made, the City may certify to Wright County the amounts due and payable with real estate taxes in the ncxt calendar year; the parties agree that such certifications may be made under Minnesota Statutes, Chapter 444 or Chapter 429 in a manner similar to certifications for unpaid utility bills. ~'he Owner hereby waives any and all procedural and substantiveobjections to the impositir,r- of such charges on the respective lots. Further, .the Owner herby waives any and all procedural and substantive objections to special assessmerrts for the aforementioned reasonable costs, including, but not limited to, notice and hearing requirements, and any claims that the charges or special assessments exceed the benef is to the lot. 'The (Jwner waives any appeal rights otherwise available pursuant to Minnesota Statutes Chapter 42'x.081. 4. ~; INDEMNIFICATION OF CITY. Owner shall indemnify, defend and hold the City,; its council, agents, employees, attorneys, and representatives harmless against and in respect of '';any and alt claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations;: Liabilities, damages, recoveries, and deficiencies including interest, penalties, and attorney's fees, that the City incurs or suffers which arise out of, result from, or relate to the City's perfprmance of its duties hereunder. 5. ~ ADJOINING PROPERTY. As a condition of approving the Plat and entering into lrhis Agreement, the City has req!rired that the adjoining property legally described in the attached Ex~libit A have the right to cc,nnect to the streets located in the Plat at the option of the Owner of skid adjoining property and the City. If such adjoining .property utilizes the streets, then the City shall reallocate the costs of maintenance of the streets set forth in Paragraph 3 above to account for the use by the owners of the adjoining property. ;. ;, ;. 6. TERMINATION OF ;AGREEMENT. The City may terminate this Agreement at any time after March 1, 2016 by giving the Owners one (l) year notice of such termination. The Qwne ~ shall have six (6) ntontlrs from the time of such notice to form a legal entity in which all o~the Owners have joined tc> carry on the maintenance obligations of this Agreement. Suchientrtyiand the terms of such maintenance obligation shall be subject to the approval of the City and a ~' ropriate documents shall be recorded with the Wright County Recorder to reflect such new arec:ment. if the Owners I:iil to take such action within six (6) months, the City shall form'..... a legal entity for the Owners, which such entity shall be obligated to assume all rnaintenanc~, repair and replacement ctrrties delineated in paragraph 2 above, and in such event, the Qwner5 appoint the City as their attorney-in-fact for purposes of executing all necessary docutnenta :on to create said legal emit y and obligate the Owners to reimburse said entity for all costs incu~ed by said entity in perforr~iing its duties under paragraph 2 above. In the event the City must f~rm this entity, Qwners agree to pay al] costs, including all applicable attorney's fees, the City rnqurs related to the creation t~f said entity. The Owners shall have an interest in such entity and ~n ohligation to pay mainte»ance costs in the same proportion as the percentages set 4 ~ „R!.a,~ 21 2006 4:35 forth `in Pat among the ~ GROTH LRW FIRM, LTD. 6123496210 p.4 3. The City shall reallocate the percentage for Outlot A when it is replatted i lot(s). ?. NOTI E All notices given or required to be given if directed to the City shall be directed ~o: City of Albertville, c/o City Clerk, P. O. Box 9, Albertville, Minnesota 55301. All notices the Owners shall be to the address to which real estate tax statements are sent to each of the 8. ~ MI~(,'ELLANEOUS. This Agreement constitutes the entire agreement between the parties } rtaining to maintenance. This Agreement shall be governed by Minnesota law. u is the; inten ton of the parties that this Agreement be recorded with the Wright County Recorder and that all ;Owners and subsequent Owners of the Propert}r shall be bound by the terms and conditions this Agreement. CITY OF ALBERTVILLE a Municipality of the State of Minnesota // Its Mayor and By , inda Goeb Its Clerk ALBERTV><LLE PLAZA, LLC a Minnesota Limited Liability Company B eginald A. Plowman Its Chief Manager 5 . ,,Ruh 21 2006 4:35 GROTH LRW FIRM, LTD. 6123496210 p.5 I - • , ~- i ~ ', I' STATE O)~? A~NNESOTA ) )ss. COUNTY bF ) The;!foregoing instrument was acknowledged before me this /l~ day of March, 2001, by John Olson, the Mayor of the City of Albertville, a municipality under the laws of the State of Minnesota,pn behalf of the City of Albertville. ~; . i I Notary Public STATE OF` MINNESOTA ) ti~wl~nrww~+y )SS. MICHAEL C. COL1Fi! COUNTY , ~ F ~' . _ ) MoraA~v ruE't~IC J nl 3NE 20~ I The !foregoing instrument was acknowledged before me this day of March, 2001, by Linda' eb, the Clerk of the City of Albertville, a municipality under the laws of the State of Minnesota, 4n behalf of the City of Albertville. 'MICHAEL C. COURT ~~ ta7AAY ?UBLIC - hbINNESOTA Notary Public Comrn. Exp. Jan. 31, 2005 STATE O1~` MIl~TNESOTA ) )ss. COUNT' F CL~-~--s <~ ) The iforegoing instrument was acknowledged before me this ~ ^~ day of March, 2001, by R~ginal A. Plowman, the Chief Manager of Albertville Piaza, LLC, a Minnesota limited liability co ;parry, on behalf of the limited liability company. LAR ,Y MOUNi'AIN ~"J~3 ~' NOTA . PUBLIC -MINNESOTA Notary Public !MyCom EzplreaJan.31, 2005 e ~ THIS'INST~C>~NT V4'AS DRAFTED BY: Groth Law Firm, Ltd. 222 South Ninth Street Suite 2960 ',, Minneapolis; htN 55402-3302 ~; .: 6 4 ~~ r CQy .7, ~ _._.. _ ~.., ~ ~`"' a . ~~~i's - fi 5 i® 8 i ~ ~t~#fl ~.r~s ~ f ' ~~ i ~ E ;~ ~ ~ ~~~ t~;fi J1~t~}{li~~ ( ~~ ~ ~ `~~ ~ ~ k~ r ui~. ~y~ ~ ~ m c. -~ a e ~ s i_ ! t : f tt ~ ~ • ~ ` ~ ,, ~ ~ 4 ~ ~ ~~~ ~ ~ ~ a ,. ~ z ~Y~„ ~rF ~~ ~ B y„ , ,i~~~l~,! ' 1' 4 ~„ , I Q , ~ ~ rz L ,~, ,,.,~.,.~lili , ~ r ~I ~ l ~ ~ t i2~* .. , J ,I ti 4 v _ ~ ~ z n $f-~' ~ ~ ~ q i s f. 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