2000-12-04 Assignment of Developers Agreement~ ~ .,
ASSIGNMENT OF
DEVELOPER'S AGREEMENT
By Corporation
Dated: December ~ , 2000
For valuable consideration, Albertville Plaza, LLC, assignor, hereby sells, assigns, and
transfers to MDC Albertville, LLC and Millwood Development, LLC, assignees, the
assignors' interest in that Developer's Agreement ("Agreement"), including all rights and
obligations, said agreement dated December ~ , 2000 and executed by
Albertville Plaza, LLC, as Developer and the City of Albertville and filed for record
December ~, 2000, as document number in the office of the
county recorder of Wright County, Minnesota. The parties to this assignment agree as
follows:
MDC Albertville, LLC shall assume all rights and obligations of the Agreement as it
relates to Lot 1, Block 1 of Mooney Addition as described in said Agreement
(including work that must be performed on said Outlot A in order to develop said Lot
1, Block 1), including, but not limited to, the construction of all improvements as
shown on the Utility Plan, Grading Plan and Landscape Plan attached as Exhibits to
said Agreement.
2. Millwood Development, LLC shall assume all rights and obligations of the
Agreement as it relates to Outlot A as described in said Agreement (with the
exception of those rights and obligations set forth in Paragraph 1 of this Agreement).
3. MDC Albertville, LLC and Millwood Development, LLC agree to grant perpetual
cross-easements over, above and under the Lot 1, Block 1 and Outlot A of Mooney
Addition, respectively, as deemed necessary by the City Engineer for ingress/egress
of pedestrians and vehicle traffic, and for municipal utilities, including, but not
limited to sanitary sewer, municipal water, storm sewer, and for "private" utilities,
including but not limited to natural gas, electricity, phone, cable television, data
transmission, and other such "private" utilities. MDC Albertville, LLC and Millwood
Development, LLC, agree to memorialize the location of said easements via a
separate easement agreement prior to the replatting of said Outlot A.
4. MDC Albertville, LLC and Millwood Development, LLC shall jointly assume all
maintenance obligations imposed by the Agreement where such maintenance
obligations involve items which benefit both Lot 1, Block 1, and Outlot A of the
Mooney Addition. Such items include, but are not limited to, ponding and joint
ingress/egress areas.
ALBERTVILLE PLAZA, LLC
BY~ ~ ~
Its: _ ~~~
hoc Albe•~v~ ~l f LL ~ MDC ALBERTVILLE, LLC
fYrwE.-~
By; y,-t,.~,.,e.. ~-
Its: d. P,
MILLWOOD DEVELOPMENT, LLC
By:
Its: ~
Linda'Goeb, City
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Consented to by the City of Albertville:
STATE OF MINNESOTA )
SS.
COUNTY OF ` ~ ~ } ~ r )
The foregoing instrument was acknowledged before me this
December, 2000, by ~ ~ , ~ >A,~ t 4 ~ . {' - < ~ ... ;. ~. , as f ~ `
Albe~ vine Plaza LLC.
~~~ ~ LARRY MOUNTAIN
y~' NOTARY PUBLIC -MINNESOTA ~-,rt~
My Comm. Expires Jan. 31, 2005 _ - `-•.._W..,_,,__
--~~ w._--._.~,
~ e
Notary Public
STATE OF MINNESOTA )
SS.
COUNTY OF '~' u_ ,~- ~ r _. )
`~ ~`' day of
,. „ , of
The foregoing~,~nstrument was acknowledged before me this ~"~~~' day of
„7 of
December, 2000, by ?"f~ ~ , h ~,_ e y r'~ ,~ d"~'~ 3 ~ :~ y ~ ~ , aS ~'`~ ` ` r ~' ~ .~ ~~ ~ K: _ .,
MDC Albertville, LLC. ~ ~~~ ~~ ~ ~~~'~
^ ,,, ~,..
,~. LARRY MOUNTAIN ~~
NOTARY PUBLIC -MINNESOTA
My Comm. Expires Jan. 31, 2005
STATE OF MINNESOTA )
SS.
COUNTY OF ~-,.. ~{ ~ a )
r~.._..
Notary Public
The foregoing instrument was acknowledged before me this "~~~~ ~ day of
December, 2000, by ;~ ~, ,~ = t ~ ~ ~- ~ _ - , as ~~~' ,., i ; ~~ ~ -'~ of
Millwood Development, LLC.
® ^
'~~ LARRY MOUNTAIN
a~ ='~ : NOTAf~Y RUBLIC ~- MINNESOTA
~~ JMy Comm. Expires Jan. 31, 2005
n ^
_ _ ~.. ~.
Notary Public
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