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2006-03-01 Development Agreement
C~ fl-F ALBE~tTVILLE MASTE~I P~.~+~NED UNIT DEVELOPItiI~NT C41VI)IT~UNAL USE AG1Ei-E,EMENT LAI~EAUX STATIUN THIS AGREEMENT, entered intq this ~S~ day of , 200E by :and between Cascade II Land Ca, I.,LC, referred to herein as "Developer"; and the CIT1Y DF ALBERTVILLE, County of Wright,-State of Minnesota, hereinafter referred to as «City,~~ WITNESSETH: WHEREAS, Developer. is the fee auvner of the real l~PertY described in the attached Exhibit A, which real property is prappsed to be subdivided and platted fore development, and which subdivision, which is the subject of this Agreement, is , intended to bear the name "L:ja~eaux Station" and sh~.ll hereinafter be referred to in Its entiret}~ aS "Sald`Plat" or "Strl~ject Property"; and. '4~HEREAS, Develr ~ received: final plat approval for 2 numbered lots within Said Flat; and WHEREr~3, this A` Went is entered into far the pulse of setting forth and rnernarializing fQr the parties and sut~s~%cnt owners, the understandings and , covenants of the parties concerrnng Said Flat and the conditions .imposed thereon; and "V~I~EREAS, approval of a Flannel Unit Development is required to permit development tit' Said Plat in the ~iartner prapa~d by the Developer; and l WIIiERE~S, the City. ham. given prelirninat~ and final plat approval to Said Plat continent upon compliance with certain City. regiti~~its including, but not limited to, matters ~t Earth herein; and WHEREAS, the City requires that certain. public improvements .including, but not limited to bih~nnnvus stream, sidewalk,. trails}, curb and gutter, grading, sanitary sewer, municipal water, storm sewer (hereafter "Municipal Improvements"} be installed to serve the Ielopment and other properties affected by the development of Developer's l to be installed and financed by Developer; and '~VI~IER~AS, the City der requires that certain on- and tiff-site improvements be installed by the L~cveloper within Said.Plat, which improvements consist of pav~l private streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking Lots, drainage swales, terming, strut signs, street. lights, stmt cleanup during pmject development, erosion control, and other site-related itns; and NU~V, T~EREFUIi!,, I"I' IS HEREBY AND HEREIN MUTUALLY ~iGREED in consideration of each pasty's promises and considerations herein set forth, as fvllvws; 1. Planned Tait Devet at, Condt~lonal Use and Variance. The Developm~-t is hereby allowed to be developed as a Planned Unit bevel©pment with flexbili#y from the strict .requirements of the City's.. Zoning Ordinance in relation to sell items detailed in this P~Ph• A. Devel~r s that all buildings shall be constructed in the general vicinity of the building envelopes. illustrated on the. attached Exhibit B. The exact building pl~nerrt/design shall be subject to site plan approval by the City Council except where specifically set out in this agreement. B. At the time of tla; recording of this Agreement at the Wright :County Recorder's Off, Bevel©per shall.. record a cross-parking and access easement which will allow mutual cross-parking and access between all lob iri Said Plat, but-excluding Outlot A. Such cross parking easements must rat the approval of the City Attorney as to form and content. C. At the time `of the ruing of this Agreement at the Wright :.County Recorder's Clf~ice; Developer shall record. across-access easement which will allow tnuttial crosa-access between I.:ots L and 2, Block°1,in Said Plat and all lots in the;subdivisian "Albertville Crossing Third Addition." 2 D. Developer shall construct tl~e number of parkir~-g stalls in the locations and dimeiLSions as showa~ the attached Exlribit B E. All mni~tnu~t boil ' setbacks shall be in aceArdance with City, :County and. State orcltnan~s acid laws. F. Developer shall construct all private str to a minimum width of 24 feet back of curb to back of curb, in the locati©ns as shown on `the attached Exhibit ~ -Parking shall be prohibited at all times on all private streei~~ and all ..private streets shall be pasted with "no parking" suns installed by the Ir-e~elc~er. Parking on the private streets shall not pernutted unless tally allowed by the ..Albertville City Council. Developer shall install "No Parking„ signs on the private stets in locations r~uir~d by the City Engineer. G. Reveler slhali maintain all private streets on Said Plat. in a commercially reasonable rr~er s~~ch; that the struts are paved and: glowed at all times ..:and such that cars and emergency. vehicles can safely. pass on said reads at all times. At the me of recording of this Agreement at the Wright County Recorder's Office,.. Developer shall record a private street main ` ce a erlt _ which requires all four lots on Said Plat to maintain said private streets in a commercially reasonable manner as required by this A ent. Such maintenance agreement must.. meet the approval of the -City Attorney as tc~ form and content and shall take the form of a Retail Prperty Owners' Association. Upon recording ; of such dacuntents and activation of the. Retail Property Owners' Association, Developer shall be relieved: of the -maintenance of such private streets except; to the a T3~veloper's mainte~nce obligations arise under the Retail. P'rop~rty t~wn~rs' Association by virtue of Developer's ownership of property subj+~t to such Retail Property .Owners' Association documents. H. In the event-the private stets are not maintained in accordance with this ent such tl~t said private str pose a safety hazard to the general public, the City shall provide forty-eight hours native of :deficient -maintenance to the owners of all of the 1©ts in Said Plat, after which time the City nay m~~liately r that .commercial business ..,not be transacted on any lot in Said Plat to which access remains impaired or .unsafe. I. ;The Retail Pro Owners' Association shall maintain the infiltration plantings shown ~ l~xhibit ~ in good w©rking order at all times. The 3 Retail Prc~rty Owner`s' Association shall maintain all. ponds and common areas within Saiid Plat. J. This Agreement does-not constitute building or site plan approval for any particular lot in Said Plat, and Developer must obtain building and site plan approval for buildings constructed an Said Plat. K. `All uses on .Said Plat shall comply with the City's B-2A zoning ordinance as amended, from tune to -time, :except.. where deviations from such requiremeirts are if cally authorized by this Agreement. L. All ~ g, drainage, utility, wetland mitigation, and transportation issues that prise during devveic~pment of the Development shall be subject `to review as~d a~prproval by the City Engineer,:.: i'vi. Tree, shrubs, b~rrr~s and .screening are to be` planted and installed as shown on the landscape plan attached as Exhibit C. 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 Uevelnper. bevel shall not plant any fruit bearing trees within the landscaped isles. All lanckscaping as shown an attached Exhibit: C shall be installed no later than July 31, 2006. ITT, 1eveloper shall 'replace, at its own expense, any plantings as shown on attached. Exhibit C 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 shall survive for two full years from the date of planting. O. tJther Use Restrictions; On all 1©ts within 30 feet of any :wetland, the native vegetation within said 30 feet of .the wetland `shall .not be fernli~ed or mowed or otherwise disturbed.: 4n all lots within 30 feef of any wetland, suture, including, but not limited.. to, outbuildings or 'accessory buildings, fence, planting or .other material shall be placed or permitted to re 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 e~ements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area flf each Lot including all improvements in it, shall be maintained continuously by the C}v`mer of the Lot, except for those improvements fur which a public authority or utility >company is '.responsible. No owner or other persoia shall... apply any` phosphorus- 4 based fertilizers ar herbicides within fifty {SQ} feet of any wetland or lake. 2. Cons~~~,.~+~f Nluni~~._.pr~rveffients. A. The Developer shall construct those Municipal Improvements `located on and off Said Plat as detaile4d in the Plans and- Specifications for L,al3eaux Station, as prepared by Oliver & Associates dated September 2, ~UaS and am file with the City Clerk, said improvements to include installation pf water mains, sanitary and storm sewers,::. street, curb, gutter; sidewalk d ponding. All such improvements shall be constructed according to the wards adopted by the City, along with all items requir~l. by .the City Engineer. Unless the City Engineer specifies slater-date, said improvements shall be installed by June 30, 2006, with the wear course of bituminous pavement on City streets to be installed May 15, 200?, but before .A.ugust 15, 2007. B. The Developer warrants to the City for a period of two years :from the date the City- ~zcepts the finished Municipal Improvements that all such intprovern have been constructed to City.. standards and shall suffer no significant impairments, either to the structure or to the surface or other usable .areas due to improper construction, said w ty tc} apply bcrt}r to poor materials and faulty workmanship. C. `Developer shall provide the City with lien waivers from all contractors and subcontractcxs engaged to construct said improvements on Said Plat. Shorald Devel fail tci provide: the City with all'applicable lien waivers, the City serves the right to draw upon Developer's surety .and pay any co tors whey performed work on any Municipal Improvernen~ and whom Developer has failed to fully pay fore the performance of said wtmk. D. ' 'The City- shall, at its option, have the City Engineer present on Said Plat for msption purposes at ail times {or such times as the City may din neck} during the construction and 'installation of said Municipal Improvements. Developer agrees to pay for all costs incurneci by tie City during said inspections. 3. Special Assessments fay ~:.a+ehmau Av+~nne C+a~st~ructiarr~:: A. The.City use its best e€f+~rts to acquire right of way via negotiation and construct an extsion of Lachman Avenue .from the northern 5 boundary of Said Plat north to the existing Lachman Avenue at 6D`'' Suet.. In .the event the City constructs .said Lachman Avenue extension, :anal in recognition of the fact. that said Lachman Avenue extension will benefit Said Plat, Developer agrees that the numbered lots in Said flat may be special assessed a portion of the total cost {including right of way a~;,qusition, construction, engineering, financing and legal expenses} of said. Lachman Avenue extension. Developer and City est` to Developer's share of said Lachman Avenue extension costs to be $93,5t~3,{30. Develt~per hereby acknowledges that Said Plat will benefit from the Lachman Avenue -extension _in thee.: amount of $93,SOfl.4U consents to the. special :assessment of the numbered lots an Said Plat in the arnvunt of ~~3,504.U0..and waives the right to appeal X93,500.00 of such Lachman .Avenue extension special assessment- to the Wright County District Court pursuant to Minn. Stat. § 429.081. In the event the City special assessesproperties in;Said Plat for such costs, ..:.the City shall ame such special assessments over a period not less than 3 years at a~ amxual interest rate .not exceeding the rate of any bond isstaed to fiartance acid Municipal Improvements {or the most .:recently issued. Albertville special. assessment bond if none is issued for this project) plus'2°~~. 4. Cons .~ e-f aid £-Site Improvements. A. , ~#3eveloper shall construct all on- and oil=site improvements including installation of pav+~i streets, curb and gutter, sidewalks, boulevards, street sigma, c signs, yard top soil, sod and seed in all.: yards, gri~lin$ con~l per lot, bituminous or concrete driveways and parking lots, drainages , terming, and. life items as necessary, street cleanup duripg project development, anderosion control,..all as required. by City ordinance. All private streets shall be installed according to the plans and specifications f©r LaBeaux Station, as :prepared by Oliver & Associates dated September 2, 2005 and on file.:. with the City Clerk.. All yard atoms shall be sodded. with grass or Landscaped in accorc.ce with the attached Landscaping Plan. In all cases permanem turf or-grass must be established over all areas of the lQt not covered by a hard or nrvious surface, ponding or wetlands. Said on- and off-site irovements shall be installed no later than 3une 30,.2006, with the ex~ion of erosion control, drainage swales and bernung which shall ~ installed upon. initial .grading of .Said Plat, and except that the p lots for each of Lots 1, 2, 3 and 4 may be constructed a-building is canstructed on such respective lot. 6 dark background. All signs shah: be in substantially the samme location,. c~~nfigurati©n, height;and matetial as shown on attached Exhibit F. G. I3evelc~r h~ submitted a grading plan. for Said Plat attached as Exhibit C. Deveiar shall implement the grading plan in a manner that will ~t'n~xni~~-. soil erosion. H. 1`dotwitha'tanding tk~ requirements of subparagraph 4A above, the I~veloper shall install to the City's satisfaction impr©vements for each 1vt or parcel prior tv the. date that a certificate of occupancy (temporary or permanent} is • e+d by the City for a building located on the lot, unless the certificate of occupancy is issued after C3ctober 1st and before March 3flth in amy given year, in which case a temporary:. certificate of occupancy shall be issued if all on- and off-site imprcive~nents except l~~ndscaping and sod have been installed. In such cases, tl~ T~veioper shall cause the required'landscaping and sod to be installed by the first June 3Q~' following the issuance of the occupancy permit. 5. Access Aece~ss to Said Plat will occur off of 57~` Street via an extension of Lachman Avenue ~lorth in the center of Said Plat, as well as the northern curb cut for Loti, Block l bath of which shall be in substantially the same locarion, size and orientation as shown in Exhibit B. ~ service drive on the western. portion of Block 1 shall serve as a s access easement-for Said Plat and`Albertville Crc~ssin Thit~d Addition and shall be in substantially the same location, size and orientatit~n as shown on Exhibit B. 6. Surety Rui~~ten. A. Developer will. prnvde the City with an irrevocable letter: of credit (or s~wrety as approved by the City Attorney} as security that the abli of the l~veoper under this contract shall be performed. Said 1 ©f credit cir surety shhall be in the amount of $256,E~00.00 ~~rresenting the sum of lU0°/o ofthe estnnat~l cast of the Municipal Itttprovements ($211,000.0}}}, and 150°la of the estimated cost. far laudscapingJscre~,ristng materials (~4~,.UO} Said letter of credit car surety must meet me approval of the City attorney as to form and issuing bank. 8 B. The City may dravt~ ou said 1 of credit or surety to complete work not rfc~rtned by lc' {including but hat limited to on- and oft site itnprove~z~.~, Municipal Improvements described above, erosion contE~,l, and. +~th~ar such measures}, to pay liens on property to be dedicated to the City, to reimburse itself for costs` incurred in the dr~~fting ~x~utivn, acltrtittistration or euforccement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improv~nents during the warranty pericxl, or to otherwise fulfill the. obligations of Developer under this agreement. C. In theevent that qty cash, irrevocable letter ofcredt, or other surety referred to herein is :ever utilized: and fr~und to be deficient in amount tc} pay or reimburse the City in total as required herein, the Developer... a that upon being billed by the City, Developer. will pay within t~~irty t3{l} days of the mailing of said billing, the said deficient amount. Ifthere should be an overage in the amount of utilized: security, the pity will, upon making said deteiznination, refund to the Developer. any which the City has in its possession which are in excess of the actual cosh of the project as paid by the:City. D. Developer hereby agrees to allow .the .City to specially assess Devel s pt~:tpet~r f©r any and ull costs inc~nred by the City in enforcing any ofthe terms of this agreement should:Developer'sletter of credit or s~t~r+~y pr©ve insufficient or should Developer fail to mar~Ain said letter of credit or surety in the amount required above willun 30 days of mailing of written request by the City, F. In the event. a stuffy refetr~l to herein. is in the form of an irrevocable letter of credit, v~rhich by its terms may became null and void prior to the time at which all. monetary or other obligations of the Developer are paid or satisftd, it is agreed that the Developer :shall provide the City with a new leer of ct~lit ar 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.. aril thence draw. in part or in total, at the City's discretion, upv~rt expiring letter of credit to avoid the loss of surety' for the cotnzed obligation, The forth of any irrevocable letter of ` credit or other surety must be approved by the City Attorney prior to i~ issuance, 7. Surr~ Re 9 A. Periodically, tints are made by the Developer for the completion of portions of the Municipal Improvements and/or on- and off-site Improvers, and when it is reasonably prudent, the Developer may rest ofthe City that the surety be proporCionately r~htced for that portion of the Municipal Improvements and on- and of£ site ia~prnve~nents which have beers fully completed and payment made therefore. X11 such decisions shall beat the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to tl~ Developer. Such cost shall be paid tc~ the City ~?vithin t~Lirty (3Q} days of the. date of mailing of the billing. F3. 'The Developer may request of the City. a reduction or release of any suurety as follows: i. When another acceptable letter cif credit or surety is furnished to the City tc~'replace a prior l~;tter of creditor surety. ii. V~ all or a portion of the Municipal Improvements or the on- and off-site improvementa have been installed, the letter of credit or may be reduced by the dollar amount attributable t4 that portion of improvements so installed, .except that the City shall retain the letter of credit ar surety in the .mount of l Q°/ti of the estimates construction price of the.. 1Vlunicipal Improvements during the first year of the warranty , .period and 5°l0 of the esnnriated construction price of the Murucipai 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 amowrts and duration as required for he warranty letter nfcredit. iii. As to all recdrests brought under this paragraph, the City Council s~aall have cr~rnplete discretion whether to reduce or ncrt tt} redr.~ said letter of credit or surety. C. The costs incurr+ by # City in p~cessin~ any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing.. D. That portion of said crib, irrevocable letter.:: of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engin~r and approval of the: City Council :that all :such items are satisfactorily nplete<l pursuant to this Agreement, except 10 that the portion of the lear of credit. or other sxty attributable to the wetland mitigation may remain. in force for a period of five years or until the City Council has determined that the mitigated wetlands will remain viable and no fiarther mc~.itaring is necessary. 8. Abandonment ©f P9r~j~-:.~+p~sta and,.,~a~-ensess in the event doper mould abanckm tl~ proposed development of the said flat, the City's casts ~d expet related to attorney's fees, professional review, dra of this Agrt, preparation of the feasibility repgrt, plans and specifications, aitd any expenses underlalc~en in reliance upon..Deveioper's :various assertions shall ~ paid by said developer within thirty (30) days after receipt of ~ bill for such hosts from the City.: In addition, in the event the Developer abandons the project, in whole ar in part, ceases substantial field work :for mare than nine {9} months, .fails. to prcyvide sufficient ground-cover to prevent continuing: sail 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 taping whatever action is reasonably necessary to provide ground-cover ,and otherwise:.. restore tl~ ~-e~lopment to the point where undeveloped grounds are level and ......covered with pnanent vegetation sufficient to prevent continuing soil erosion: from the Development to tiielitate mowing of the Development. In the event that said costs are not paid, .City may withdraw funds from the above- mentivx~xl s~irety for # se cif paying tl~ ~ referred to in this paragraph. ~~ De~c~pgr ~~~Y Ci~'s and„~nses. It is~ understood: and agreed tit the Developer will reimburse the City for. all reasonable ad~riinistrative,l pl~nning,• engi~'ing and other professional costs incurr~l. in the ctian, adYninistration, enforcement or execution of this Agreement end tie approval of the Development, as welt as all reasonable engin ing expenses inc~~ur~d by the City in designing, approving, installing, and inspecting said vem+mts descrit~ed :above.: Developer agrees to pay all: such cysts within 4 clays ofbilling by the City. If Developer fails to pay said. •: mounts, Developer agrees tci allow the City to reimburse itself from said surely andfor assess. the amount awed against any or all..of the Development without objection. lt}. Sanlt air aad i~'r Tr`nnk Lie Fe+~ Devvelc~per agrees that the .:.City's Sanitaicy Sewer Truk Line Fee Ordinance and Water Tnnik Line Fee t3rdinance currently the Developer to pay $1,,4t1f}.OQ per acre and $1,2tN.}.00 per acre re lively, upon development of said Flat. There :are 3.52 acres in said Plat whie~. "ved final. plat approval (This acreage excludes 11 4utlots A and B--trunk fees on 4citlot B s1ha11 be due and payable when that Outlot is replotted into a nu~tbered lot). Therefore, the Sanitary Sewer and VVster Trunk Line Fees for all property reeving final plat approval is ~9,152.00 ($4,928.00 in sewer few calculated as ~ 1,440.00 x 3.52 acres and $4,224.00 in water carted as X1,200.00 x 3.52 acres}. 11. Ern~n and 4u Cc~trol. Before an`y grading is std on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached. Exhibit G. Developer shall also rxstall all erosion control measures.. ed necessary by the City Engineer should the erosion cant~oi plan prove in~tlequate in any respect. 12. Ditches ' Developer shall comply; with all requirements set forth for drainage into any county ditch or ©ther ditch thigh which: water from the Development may drain, .and shall. made any n ary improv~nents or go through any necessary procedures to ensure compliance-with any f~d+~ra1, state, county or city requirements, all at Develvper"s expen~. 131V,taintain Public .,. ,Dam oar ~ut~d During Consfructian Developer agrees to as~rame full financial responsibility for any damage which may occur to public prc~~erty including but not limited to streets, street sub- base,' base, bituminous surface, cwrh, utility system including but not limited to wateaain, sanitary sewer or ~ sewer when said damage occurs as a result of the activity which ~ place wring me development of the Development, The Developer farther a to ply all costs required t4 repair the streets, utility systems ~d other public rty al or cluttered with debris when occurring as a direct or indict result of the construction that takes place in the Development. :Developer.. agrees.. to cyan the streets on a daily basis if required by the City. Developear fi.zrfiher agrees that :any. damage to public property occurring as a result ` of construction ` activity on the Development will be repaired rnrnediately if deemEed to be an emergency by the City..: Developer further agrees that any damage to public property as a result of construction activity an the Development gill be repaired within 14 days if not 'deemed to be an emergency by the City. 12 If Developer fails to so clean t stiff or repair or maintain said public property, the City may irnmecltely un~rtake maw or causing it to be cleaned: up, repaired or maintained. Yt7'hen the City unc~rtakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30} .days of its billing to the Devdoper.. if the Developer fails to pay said bill within thirty (3Q) days, then the City may ly assess such costs ~gain.~t the lots within the Development and/or take nece~`Y legal action to recover such costs and the Teveloper agrees that the City. shall be entitled to attorneys fees incurred. by the City as a result of sr~ch legal fiction: l4. Temporary Easement . 4~. Develc~er shall provide aCCes~ m the Develnt at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessax~ work. pursuit tQ-.this ~l: ent. 15. IVIiscellax~ecius. A. Developer that all constxuction items required under this Agreement aa~ items for which Developer is responsible for completi~-g an~i all work. shall be done at Developer's expense. B. If ~.y portion; section, subsection, sentence, clause, Paragraph or phrase of this ~ ~t is for any reason held invalid by a Court of comp~tent,}ct~p, such decision shall not affect the validity of the rearuainir~g portion of this Contract. C. Ifl~uilding peimits are issued prior to the completion and acceptance of public ' vements, the Developer assumes .all. liability and. the c:cists resulm-g in t~lays in completion of public improvements and ge #o public improvements caused by the City,. Developer, its contractors, subc~txactors, materiahnen, employees, agents, or third p~rties._ " D. - The action ix~ction of the City shall not constitute a waiver or amenda~errt to the provsit~ns of thin Contract, To,be binding, amendments or waiivers shall be in writing, signed by the parties and approved by v~ri ....resolution of the City Council.. The City's failure to promptly dal action to enforce this Contract shall not be a waiver or`re . E. 'fihis Contract sib~ll rnn with the land and shall be r~orded against the title ~ the property.: 13 F. The Developer rep is to the City that the Development complies with all City, cczunty, state and fecal laws and regulations, including but. not limited tc~: subdivision t~rdinances, zoning ordinances, .and enviranm regulations. If the: City determines that the Development dog .not comply, the City. may, at its option, refuse to allow construction car development work in the plat :until the Developer so c `lies,. Upvn the City's demand,: the Developer shall cease work until tl is compliance. G. Prit~r tc~ the execution of this Agr~',ement and prior to the start of any .construction an the Development, Developer shall provide the City with evidence of good and marketable title to all of the Development. Evidence of goad aa~d marketable title shall consist of a Title Insurance Policy. oP ~o.nitment from a national title insurance company,. or an abstract of title ed by an abstractcompany registered. under the :laws of the State of 1LSin~.tesota. H. Developer shall triply with all water, ponding and wetland related restrictions, if any, impaired by the Wright County Soil anti Water C©nservation District ~d1t~r the City and anyapplicable provisions of State or F law 9r rr~gulations. L 'The Albertville City Council t~serves the right to allocate wastewater tre~trnent capacity in a manner it finds to be in the best interests of the. public health, s;a~C~y and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its .wastewater treatment plant. cal city. Developer fixrther acknowledges and agrees that delay in the availability ofwastewater treatment plant capacity.. may occur for some lots located wit~tirt the Development depending upon when buikli~g permits are applied for and that such delay. in capacity availability may also delay the issuance of building permits fvr some lob within. the Development. J, Developer shall not place any structure at an elevation such that the lowest. opening is less than two feat alive the highest known surface water level car onluar3' h%gh water level or Tess than one foot above the 100 year flcxsd level of any ad,~acent water body or wetland.:: If sufficient data on high water levels is tmt available, the elevation of the line ofperm ; t.~~ic vegetation shall be use as the estimated. high water el 'on. When fill is required to meet this elevation, the fill shall; ~ allows: to stabilize and construction shall not begin until 14 the property been apptbved by the Building Inspector or a professional soils engineer. K. Duel shall o all required driveway, utility and other permits as recpd by ei the City Engineer, vvright County and/or the State ofl~~iaa-nrsota, 16 Draw: on E~plrin~ ,,e#,er t~t~ credit. In the event a referred to herein is in the form of an irrevocable letter of credit, which b~"its terms nsay become null and void prior to the time at which all monetary or other obligations of the Developer are paid or ` con°~pleted, it is agreed that the Developed sl~ll provide the City with a new letter of credit or ether s~u~ety, a~„cceptable to the City, at list forty-five (45) days prier to the expiration of the expiring letter of credit. If a new letter of credit is nc~t received ~s zuireci above, the City may declare a default in the term of this Ag~c artd thence .draw in part or in total, at the City's. discretion, urpon the expiring. letter of credit to avoid: the loss of suretyfor the continued obligafion, The form of said irrev€>cable letter of credit must be approved by the City Attorney prior tt> its issuance... 17. ~iolati©n ` A.gre+e A. " Inthe ease of default by the Developer, its successors or assigns, of any of the coveriauts and agreements herein contained., the City shall :give Developer thirty (30) days mailed notice thereof (via :certified mail}, aa~l if such default is not cured within said'tltirt~' (30) day pericad, the City is herebygranted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in .full. 'I'h~e #liitty (34} day notice period shall be deemed to run from the date caf it in the United States Mail. Upon failure to ctue by bevel ,the City may thence immediately and without notice or co complete same or all ofthe Developer's obligations under this A en#, and bring legal action against the Developer to collect any Burns due to the City pursuant to this Agreement, plus all costs and attorney's. fees incurrtxl in enforcing this agreement. The City may also spec•~ally assess all said Gr~sts incurred upcm default against ~e pr `es in the Development pursuant to the terms of this agreement. B. Nvtwithstan ' the 30-day nc~ice per~+e~d prnvid~ for in laaragraph 17(A} above, in tl~e went that a default by Develogirr will: reasonably 15 result in irreparal~lc; to the. environment or to public .property, or result in an imminent and serious public safety hazard, the; City may inunediately exercise all remedies available to it under this agreement in an effort tc~ prevent, r~luce or otherwise mitigate such irreparable harm or safely ~ provided that the City makes good.-faith, reasonable efforts tc~ notify the Developer as soon as is practicable of the default, me proed irreparable harm or safety :hazard, and the iirrtended actic~-ns ofthe Cityto remedysaid harm. C. Paragraph 17Ak of this Agreement shall of apply. toy any acts ar rights , of the City pgraph 6F, and no notice need be given t© the Developer as ~ 'tion prexredent 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` tl~ surety without waiving the City's right to draw upon the surety at a future nxrie without notice to the. Developer. D. Breach of any cif tie terms of this Contract by the Developer shall be grounds for denial ofbuilding permits. 18. ~~f~1CatlAtts tt# t~l~.~~tYa A. Mt~.icip~ Impravet~ut Dedi+catians.: 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. Upon aca!tartce af' 'cation, Developer shall provide to :the .City "AS- Bunts" of all sewers, water mains, `and roads. Acceptance.. by City of any dedication cyccur-upon passage of a resolution to such effect by fibs City Council... B. Park ' ate. The Developer is required to pay a cash contribution of $26,368.97 in satisfaction of the City's park and trail dedication requirements. This c e ca~c~alated as follows: 3.52 acres exclusive of (}utlots A and B~ x 7,5UU per acre = $26,368.97. Park dedication shall be paid. can G~utlot B at such time as it is replotted :into a num lot. Developer shalt pay this amount prior to the release of the final plat by the City. - 16 C. Dedication of_I'7-utl~t A. Developer shall $ Outlet A to the City urn recording of the final plat at the Wright County Recorder's Office. 19. 'Administrative.~ees. A fee for City inistration of this projects shall be paid prior to the City executing the-Plat and this Agreement. Said fee shall be three percent: of ttie estimated construction costs of the Municipal Improvements within ..the Plat. The administrative. `fee for this Plat: is ~6,33{3,{~}, Seventy-five percent of this fee shall be paid upon issuance of the fil Plat with the remaining.twenty-five percent of the f~ to be paid upon substantial completion of the Municipal Improvements. 20. Fh Development.. Approval of this -phase of the Development shall not be constiued as approval of futwre shad val of this phrase bind the City toapprove future Deve~lapment .All future Develc~pmer~t phases shall be governed by the. City's Ccm~prehensve Plan, ?oning ordinance, Subdivision ordinance, and. o a~t~nances in effect at the time such future Development phases are approved by the City. 21. Ins i. Developer smell hold the City. and its. officers and employees harmless from claims by Develapet" and third parties. for damages sustained or casts incurred resuttirig from the. Development approval and development. The Developer shall in .fy the City and its officers and employers for all cosh, dnages or ex s which the City may pay ar incur in consequence of such claim, i~l attorney's foes. Third parties. shall have no recourse against the City under this contract. 22. Assi~ument of I~o$trii The obligation ofthe Iveloper under this Contract can be assigned by the Developer. Heevc~ t Developer shall-mot be released from. its obligations under this cnntract wl express written consent of the City Council thrcxigh Council resolution, 1'7 Approval of this A ent by the City Council in no way constitutes approval of a~rything other than that which is explicitly specified in this: Agreement. 24. Profe~ Fem. The_Develapear will pay all reasonable professionalfees incurred by the City as a-result of City efforts tc~ enforce the terms ofthis Agreement.' Said fees include attorney's f > engineer's fees, planner's fees, and any other professional fees incurred by the Cityn attempting to enforce the terms`of this. Agreement.. The Developer will als©pay ail reasonable attorney's .and pmfessi+cmal fetes i~nca~rred by~the City in the event an action is brought upon a letter of credit or other surety fi~rnished by the Developer as provided herein. ZS. Plans Attached a~ Exliixlrbl~. All plans attached tc- this. Agreement as Exhibits are incorporated-into this Agent by fer~rce as they. appear. Unless otherwise specified in this agreement, Developer is bdund by said plans and responsible for implementation of said. P as herein incor~rated. z~. ~te~~-~--~~ , ~«~• t~-n by w~ltt~n A~~rt o~y. This A ent represent the full and complete understanding of the parties and neither party is rel ' vn any prior agreement or statement(s), whether oral or written. Modific~tt~on of this Agreement may occur only if in writing and si by a duly authc~t~.zed-agent of both parties. 27. Nation ~nfi~rxt~a~. Any notices to.the parti+~ herein shall be in writing, delivered by'hand {to the City Clerk for the City) ur registered meal addressed as follows to the foli©wi.ag parties: City of Albertville c!o City Clerk P.U. Box 9 Albertville, ANN 55341 Te*~ephQne: {763} 497-3.384 Cascade II, LLC 21U25 Commerce Boulevard l8 Sure 90Q R.c>gers, Its 55374 Telephtme. 76~-4b3-Q28~ Fax. 7b3-463-~29D` 28. rent E#~'ect, This Agreement sl~il binding upon and extend to the representatives, heirs, successes and assigns ofthe paa~ties hereto. CIT'E'' Off' ALl3ERTVILLE, ~~' y ~~ By f }~ rid Petersen Its Mayor i f s~ Bricet Hitler its Clem ASG~+.DE II LAND... ~t?.~ L ~.,~'.. f ..._.~.. STATI/ OF MINNESO'I`,A. ) ss. COUNTY OF V4IG%H'T ) The for~gaing n~tr~ent was acknowledged before me this `7 day of : ~'~~7 , 2c)o6, by Donald Peterson as Mayan: of thee.`City: of Albertville, a Minne~ac murucpat corporaon, on behalf of the city and pursuant to the authority ~f the City Ca~uncil. 19 ~ ~~ I~Ga-rY Pllill~c STATE 4F MINI~S~~'~ } ~,~ Trnra ~.s~ut~ ~NNE~ IrtCTr'Ef`v i~?~~F~1fi.~#ftMNE~('}TA - /''xT ~ }._SS. .. -A.r ~'~ Comrxt Jan. 91', L~}L.1 ~ E3~" wR.I~3I"IT } - -c ... °~ ~. F: ~`# The fc~regcri~g in~t~t ~ck~wled~~d b~fcsre rne;this 1 9 ~' day of ~ ~, 2t, by I~ridget biller, ~ Clerk of the' City. of Albertville, Mine, co~cp©t~tic~n, c>n l~f ©f the city and pt~uaa~t t© the authority of the City +C ii. Notary Public ~t°. N w4 STA.TIu 4F 1VQ,~fN1WSUTA } ~ ~~~ ~~A ~c~~t~~ ~~n~~s } ~5 ~- ~~ar~r~v ~t~~t.rc~aira~aEaflr,~ j ~ ~r+ '~`y+ Ct~nrm. Frgp, Jan. 31 ~ 20~A C~LI~+tTYC~I~ VVRIGI~TT } c2w,~t.~kt~S'rwfd~'. ~ww~~,~ The fure~c~ng instr~trt was $cl~n€~w befcx~ me thi l `~~ day of ~Q..~^~~~ , 24th, bye!/, ~~ ~" ~~a~`st;~~ as i` ~ /~l rz.. of Cascade II Lard ley lic »~~ ~. Ta n~vELapEx~s .AG>~1~1v~NT The, legal' 'p~ti+an of ~ Plat to which this Devel©per's Agreement. applies is follows: Lots l end 2, dock 1 (?utl©ts A end B All -said property is lacat~i in the plat of LaBeaux Station, City of Albertville, Ccaunty af'Wrigh#, ~a~a. 21 i i cfJIVIAalO~1` ACCESS, D>~,tvEwAY` ANI~ f , PA~+~;ING I~ASEIviENT 'THIS COM1vION ACCESS, DRIVEWAY AND PA~t:I~.IP~IG EASEMENT ("Easement"} is entered into as of the ~$`~day of ~ ~_ f , 2~6, by CASCADE II LAND CO., ' LLC, a Ivlinnesota limited liability co~par~y> whosE address =is 21fl25 Commatce Boulevard, Suifie 9(}Q; Rogers, A~innesota 5374 {"G~wner"}. WITI`-ISSETH: WHERE.aAB' Owner is the owir Qf that cett~in trait or peel of land referred to as "Lal3eaux Station" situated in the Cite of Albe~rtvill~e; County. of Wright, State of Minnesota, identifi.~i on the situ plan atEacfied a~ Exhibit A and legally described on Exhibit B ~"Easement Parcels");.::and @VHEREAS; Qwner desires to establish of record certain permanent non-exclusive easements far common access, driveway anal perking purposes over and moss those portions of the Easement Parcels dentified~as the "A:rs Area" on Exhibit:A (the "Access and Parl~.irtg Areas"}. N4iW THEREFQRE, Owner hereby establishes the following easements: pursuant to the terms and conditions set forth: hin.below: A perinax~ent non-exclusive .easement far ingress, egress over and across the Access Area for access to and from Ease.~nf Pals st~ject to the fallowing terms and conditions: 1. Use of Access Area. The: i sand egress rights granted hereby may be used non-exclusively by Owner, its sucx~ssc~rs and their residents, employees, contractors, agents and invitees associated with.the legal use of~the Easement Parcels.:("Driveway.Easement"}......Nothing herein shall be construed to limit or restrict the ingress or egress associated with the Easement Parcels or aaxy part thereof: - 2. LTse_of Parking Area.: T~+e parking rights granted hereby may be used from time to time non-exclusively by Owner, its; successors and their residents, employees, contractors, agents and :invitees associated with the 1e$al use of the Easement Parcels ("ParkingEasement"} Nothing herein shall be constnmed to limit or restrict the parking assoeiated with. the. Easement Parcels or any part thereof 3. Indemtri~ation. The owner of each Easeir~ent Parcel will indemnify and save -the other owners of Easement Parcelshnless from,~ny and:-atl liability, damage, expense, causes of €rction suits, claims, or judgu~ents arising from personal ...injury, death, or property ,.damage and occtirriing on or from its own tercel, except_if caused by the. act or negligence of . another owner of Easement Parcel. ~. ~. Relocation. The t~wner es the right tv modify or relocate the Piccess Area provided such modification nr ireloratiort not materially or unreasonably modify restrict yr prevent ingress and egress to and &a#rc the Eas~nent Parcels. Any modification ter relocation of the Access Area will be subject to the: , val of the City of Albertville. 5. Public Grant. Nothing contained he~'ein shall be used or construed as a grant cif any: rights to any public ar govemrnertt~.l ac~t~rity air agency. b. l~wi-ation. The agrcerner~ts t~.tntained herein and the rights granted hercly shall run with the titles to the .Easement Parcels and the Access Area and shall bind and inure to the benefit of the parties hereto and their resp~cctive, successors, and assigns. 7. Use of Easements. In addition to the restrictions on the purpose and uses set forth in Sccctians 1 and ~ hereof, the -fat}owing limitat~om shall gc~ve~n tie use of the easements ' created herein: a. ~rive~ray Eas~nent -The Driveway Easement shall be used for ingress and egress far pedestrian and vesicular traffic. Except as otherwise authorized herein, the Driveway sent sh~Il. nt~t be used for parking purposes,. and no improvements, including, but not limit~i to, fence ar structures shall be constructed on ar in the Driveway Easement. b. Parking :Easement- The P Easement shall be used solely foir the parl~ing of automobiles, including motorcycles, +cars, non-cornrnereial vans, sport utility vehiel and non-commercial pickup trucks. Parking of other vehicles such as semi-tractor trailers, .canereial trucks and. commercial vans shall.. be limited to a reas~e-nable time, nut tc7 exceed four (4) hours and shall not unreasonably interfere: with the use of the Parking Easement car the Driveway Easement. In no case shall any vehicle use ~ Parleing' Easement for more than twenty-four (24} consecutive hours. Upon nnanimt-us consent of the owners of -the cement Parcels, parking spaces maybe reserved for exclusive use in connection with the respective buildings located: adjacent to the Easement Parcels. The parlaes' .use of the Parking Easement shall be subject to reasonable regulatioris from time to time adopt+~i by all of the .owners Hof the. Easer~nent Parcels for the control of traffic safety, loading and unloading of trucks-and vans, --and reservation of parking spaces. c. Burdened i'arcels C~zerally - -..The porti©ns of the Easement Parcels burdened by the easerr~ents created herein, shall not ~ used or dedicated as a public roadway or thoroughfare. Except during necessary maintenance ..and repairs to any of the ements herein created, no crt~mer of the Easement Parcels shall permit any activity an their respective EasErnent Parcel, that may.. interf with or obstruct the easements created herein. The joint driveys andparking areas located on :the Easement Parcels may be reconfigured only won unanimous. sent of the owners of the Easement ...Parcels and upon the prior written coat of the City of Albertville, which shall not be unreasonably withheld. The use of the joint drivc~vays and parking areas shall be subject to reasonable mgulatioa~s from time to time adopted by all of the owners of the Easement Parcels f©r the corrtrol,of traffic, safety, loading and unloading of trucks and vans. d. Maintenance ~ Each owner-of an Easennent Parcel sha11 be responsible to maintaist the Access and Parking-Areas on its own parcel in a commercially reasonable manner. e. Replat o Qutlt~t B -1f and when. Outlot B .vf the L.aBeaux Station plat is replatted the Driveway Easement and the Parking -Easement granted pursuant to Sectians l and 2 of this ~~t shall apply to the platted lots but will not apply to any outlot created by such repeat unless approved by the City of Albertville. 8. Efitive llatc 'T'his instrument shall become .effective upon the date of execution h~eaf. 9. Hea i The° headings of the paragraphs.. contained herein are intended far reference purposes only. and shy not be used to interpret the agreements contained herein or the rights granted hereby. 10. Counter~ar~ Air +ents. This Easem~t may be executed in any number of coun#.~parts and shall be binding urn eh party executing the same or a counterpart hereof. 11. ` Governer Law. This E~se~ment shall be construed in accordance ..with and governed by the laws of the Mate ofl'~~innesota. TN WITNESS WH11kt.EflF, the parties hereto have-exec~teci this instrument the day and ..year f rst above written. ~--,-' CAS E I ~„0 ---.-._ ,__,~ . Y' STATE QF MINAIESOTA ) )~ C©UNTX OF ~~~~--~--w~--~ ~ The f©reg+~ing instrument wss acknowledged this ~~ day of }'G~ ~ , 2006, by ~~~ ~ ~~` ~ ~ ~~ f2.r5 ~~~~ ,the.. ~~~.,~ ~~... of Cascade Il Land Co: LLC a Minnesotnkmt~l liability co y. A~-Esc--- r~r P~~~ IvaTAR~ Pu Ic ~~r s "'~"~={/ Gfly Comr~issian ExpaesJar~ 31, ~t1Q~ C41~1MQAl ACGESS EASEMENT p TH1S Ct3MM0N ACCESS EASEMENT ("Easement") -is entered .into as of the day of ~,pt'L~ 1, 2~U6, by CASCADE II LAND CO, LLC, a lviir~nest~ta limited liability pony, whose.: is 21025 Commerce Boulevard, Suite 90fl, Rogers, Minnesota 55374 ("owner"} ~TJITN~E~S ETH: WHEREAS, flvvner is the. over of two tracts or parcels of land situated in the City of .Albertville, County of Wright, State af)1~ianescata, identifretl crn the site plan'attached hereto as Exhibit A: (1) LaBeaux Station legally 'bed uzt l/xh it B• d (2') Albertville Crossing 3rd Addition legally described an F:tlubtt.~ ("Easement Parcels"); and. WHEREAS, Qwner d+res to establish of record certain permanent non-exclusive easements for common ass pprposes aver and across those portions of the Easement Parcels identi#ied as the "Access Asrea" can Exhibit A (the "Access Areas"). NG-W THEREFORE,. Ckner hereby establishes the following easements pursuant to the tenn~ and conditions set forth heinrbe~,ow: A permanent non-cxeiusive eentent fnr ingress,- egress`over and across the Access Area for access to anal from Easement Parcels subject to the fallowing terms and conditions: l : Use of :~ cCess Axea. °S`he ingress and egress rights granted hereby may be used non-exclusively by C3wner its successors and their residents, .employees, contxactars, agents and invitees associated with the legal. use ~f the Easement Parcels ("Access. Easement"). Nothing herein shad be construed to limit ur r 'ct the. ingress ar egress associated with the :Easement Parcels or any part hereof 2: ` Iindemnafication. The trwner of each Easement Parcel.. will indemnify and save the other owners of Easement Parcels -Mess from any and all liability, damage, expense, causes of action, suits, claims, oir jud,~ents arising. from personal injury, death, or property damage. and occurring on or from its Own parcel, except if ~useed by the:-act. or negligence of another owner of an Easement Parcel. 3. Relocation. The fez- reserves ~e right to n~dify or relczcate the Access Area provided such modification or relocation does nut xnat~'ialiy ar unreasonably modify restrict or preuent ingress and to grid fronn the Easement Parcelsk Any modification ar relocation of the Access Areas will be sub, to the approval of the City 4f Albertville. 4. Public Grant. Nothing cantasnecl herein shall be used or construed as a <grant of any rights to any public or g~averrt{nental authority or agency; 5. Duxation. The ~reement5 t~ntained herein and the .rights granted hereby shall nun with the titles to the Easement Peels and the Access Area and. shall bind .and inure to the benefit of the parties hereto argil their respective, ~acscessors, xnd assigns. 6. Use of Easer~s. Tn add~tiorr to the restrictions on the: purpose and uses set forth in Sections I arni ~ hf, tl'ft~lowing limitation shall govern the use of the easements created herein: a.. - Driveway ~ _ The Driveway. Easement shall be used fc~r ingress and egress for pedestrian and vehicular traffic. Except as "otherwise authorized herein, the- Driveway Easement shall nom; be use fnr perking purposes, and no improvements, including, but not Iinaited tog fences or siructures :shall be constructed on or in the Driveway Easement. sair, ic-ading and unloading of trucks and vans, and reservation of parking spaces. b. Burdened l~'arcels ;, arer}eraily -The portions of the Easement Parcels burdened by me easements created herein,' shall not be used or dedicated as a public roadway or thamughfare. Except during necessary maintenance and repairs to any of the easements herein created, n© owner of the Easement Parcels shall permit any activity on their respective Easement Par9eel, that may interfere with or obstruct the easements created herein. The joint driveways and~parking areas. located on the Easement Parcels may be rea~nfigured only upon unanit~ous consent of the owners of the Easement Parcels acid upon the pri€~ writt~ consent of the City of Albertville, which shall not'be unreasonably. withheld. The use of the joint driveways and parking areas shall be subject to reasonable regulations fmm time to time. adopted by all of the owners of the Easement'Pls fqr the control. cif traffic,, safety, loading..and unloading of trucks .and vans. c. Maintenance = each owner of an Easerner~t Parcel shall be responsible to maintain the Access Areas on its own parcel in a commercially reasonable manner. 7. Effective Date. Tk~is .instrument shall become effective upon the date of execution hereof.. S. Headinss. The h gs of the paragraphs contained herein .are it;tended for reference purposes only and shall not be deed to :interpret the agreements contained herein or the .rights granted hereby. 9. Counterpart Aments. This Easement may be executed in any nurriber of counterparts and .shall he binding ~n tech party executing the same or a counterpart hereof..: 10. Gaverning~Law. Trzis Easement shall be ~tru~ci in accordance with and governed by the laws of the State of IViirinest~ta. IN WITl~S ~?'HEREf~F, t~ie:Farties her~c~ have e~eauted this instrument the day anal..year first above written. CASC II CO By" STATE OF A~ilNhIESC~TA ) ~ )~ COt~1~1TY OF 9'~t~J ~ ~ ; ) The fare wing instrument eras ~cknowleci~eci this ~ ~ J day of ~ _~, 2UOb, by i C~r`i .T- ~-~ 5~t`.~. , .the ~~l-` 4yr,~et~.~.. of Cascade II Land Cn. LLC a Miittie~ta limited liability ~ pang. ~- A .~ NQTARY P JBLIC ~, THIS INSTRUMEItiI'T WA5 DRAFTED BY: °- -~~ ,~° ~.. ~~; S~t~DY !.. SCHNEi{~Ei~ w , Natary Plat-?iIC Laxl~in Haffinan Daly & Lindgren Ltd. ~ I~iinnesata I5fl0't~ells Fairga Plaza ~ My carraniss~r+Expr~s,lan.31.2008 79fl4 Xerxes Avenue South ` Minneapolis, Minnta 5543I (952) 835-3$OU 1038283.2 4 ~ ~{ t ~ Y ~ 3 1 4 ' ~3f ~ ~ ~~ { a '~'1~ _..- 4 ~f t ~~ ~ f 4u ~' ~ ~ ~ ..Y~~ !- ' ' ~'~i W's*R sx.Y_as~x43 9 ""_ ~I.j ~" ~~ s.:s 1 ..-m...~y~~~" i ! ~"~ {- ~~g~9 {~ t ,~ G4 ~ ~ tl y ~ ~ ~~: ~ - ~~ ~ x ~ s ---~;Y~ ~ ~ ~ { ..~..~{. ., ^F~~` ~ ~ £ ,: Y ~ ~. t, .; %' 1 Sly f~FS'gYwlf '~~ '{Ki ~ ~ '{~t~ t i _~tbN,..,. S ~ .1.1.1 .kUi gg~ ~ i {{ aRy 4 1 4` ~' ~ ~ E 4 ~ ~ ~ ~~ T S y (~ ~ ~~[f 1~ t ~ T .. .. i ~ ~ # t ~ ~ `~ " 4 ~ i ~ ~~ 9. ~ ., _ s ~ --___ ~ ~ r:,-.. --~•~ ~x: c. _:. .~ d ~ '~ ``I ~ r ~ IFS .._ ,~. " N.,. ~~ { ~ ~ i ~~ .' ~ {~' f :WARRANTY DEED +CORPORATiON TO CORPURATl4N I~fi© delinquent taxes and ~ enter+~d; Certificate of real. estate value ~ }filed.. ~ )not required; Certificate of Real E Valve Number County Auditor by ~~ STATE DEED TAX DUE: $ / ~ ~ , 2006 ; FOR VAI,UABI.E CO1tiISIDERATIO~I,,C II Lei Co,, , a Minnesota. limited liability company, Grantor, hereby cc~nve3's to t~ City of.~ib~ertville, Crrant,~, ~ municipal corporation under the laws of the State c-f - in Wright Cawaty, described as follows: Outlot A, LaB~tux Statism,, ac~rding to the pit of r~ fled irr the Wright County Recorders O#~'ice, Wright bounty, ' together with all redatamenta and aut~~ big thereto. Seller certifies tla~t ~ ate tu~.~ a~ the STATE OF MINNESOTA } ~3UNTY OF _~~ ~~ j ~ ~ ~' The fore u ae#novrrl 'bfor~ rrte his ~-'! ~ ~, ~y ~t~ ~ ~'~, ~ day of ~~'~~..il~ . of Gascadc II Land Co., LLC, t~i~~tor. ~` =° SANDY L. SGHNE~ER ,~...~, . ~ Ptat~ic - ~ I~innesc~ ~~, :idc84r" AA~.~CI~~fl~3t~fESv~~1.3~~ ",~! N PlllJllc THIS INSTRLtI'vIENT C~tAS DRAFT-B"Y: T eras for tl~ real property Couri, MacArthur & Ruppe PLLP clribed in this i~ts~umer~t should P.t3. Box 3fi9, 705 Central Avenue E be sent to: St. Michael, Minresota 353T6 City ©f Albertville P.d. Box 9 Albertville, MN 55301 PAR'TdAL I~ELEAS~ ~~ ME?R~T~A~E Date: April 26, 200b FOR VALUABLE CONSIi~ER~'F'ICJ2~1, tl~e rc~d p~ap~rty' in Wright County,' MiQnesot~, legally described ~ follflws: (h~tlflt A, LaBeau~c Static, i~ tci tie prat ©f record filed in the Wright ~'ounty Recorder's O~iice, VVrgl~t ~Co~r, ` i~ hereby relea~d firom tl~ liens of thhe f+~llc~wing ~rt owned by the undersigr~d, executed by C~cade II Land Cow, LLC, a cc~~o~atipn Lrntier the laws of ~ :Stye of'Minr~sota, as m~.#gagar, t+~ 2 Z Century Bank, as mortgagee:. A nortgage did July i, 2tME33 and filed for z~~ July 3, 2043 ae document number ~59i 86 in the office of the- recorder of Wri t Cc- Sl- u~ty, Mi~u~ota; A fieaticm agrrertt dam}. duly i2, ~ .filed for record July i 5, 2404 as do ~tumber 91 S'T34 in o~~ crf'tt~ e~aua ©f Wright County, , A modificatiotz agreement dated . Murk 1, 2{f46 and filed for record March ?, 2Q06 as document number 1000596 ~ #~ ~e df the ' y ..recorder of Wright County, Minnesota; A corrective mortgage d March 1, 2f1~ aid filed fur record M~~ch 7, 2006 es doc~nent number 1000597 in the +o~ice a-ftl~ c~wgrty of'~~rght C;ou,~rtiy, Minuota and A mortgage dated March 1, 2tt30b aid fil+pd fc~r reed dz ?, 2046 as dbeumerrt cumber 1000585 in t}re ®ffice of the ccuuny r+ df W ' C",o~nty, Mn~satn. 1sT ~~~~ B~ .- ~- "'~ -:~1u~. STATE. t3F Mn~'~~OTA ) ~ ss. COUNTY OF ~~~tc~ ) Tie fare oing instrument ~ ~~ i~f®re me his ~b~ day of ~~ ~ 2t?06 b Ja~ra.~~ ~ ~a lpk~~. , ~ i~r ~'~s;~:tnf 2I~ Cen ~~' y ~' , or$~zed under the iav~ of the state of Mumesota, on behalf said 21 ~` Bask. Nary Public ... ~ .._ ~- -.w.._~. , .THIS INSTRUMENT WAS U~"I°EL1 ~t'~: ~~tis,~,~ SAh1~Y L. SGH~EtflER Cvuri, MacArthur & Ruppe PLLI' ~'' "~ ~ " i~cs~ery ~:+blic PA. Box 369 ~: ~, :- ~ ~dliranesota '745 Cell Avenue East Mg C4rnmission Expires Jan. 31 ~ 200$ St. I~hael,ll~ixtne~a 55376 1 T3~.#e: April 2~, 20 Ft~R VALUABLE +COi~I`SI~ETIUI~, the undersid hemby subordinates the liens on real prQpy in'writ bounty, hti~mes~te, dosrTbec as follows: Lc~s T and 2, Block 1; ` . C~tlots A and B :. LaBeaux Station, acci ~ plax of record on file in the Wright Gouty Recc~dex's Office, '4~right Ca-~ty, A~nest~ta; which is ebidenecd hS' a Ma~tg daybed July 1, 2{3(}3., and filed for record July 3, 2003, as Document hTo. ~5~ Tg6, ux ~-e Ofe ~fthe +County Iteecxder of the above County, as rnadif etl by Docure~ ATo. 91873, as earrrect~d by I3ocurnent No. A T000596 and as n~c-dfi,®d by t No:1.t359.7 and by a ntgage dated i~Iarch 1, 2006 and Bled Sor reGOrd a March's, 2{16, as D+rcumer~t No. 1000595, in the Office of the Gourtty Recorder of above Comity, to that eerr`taiti document titled Cityaf Albertville Master Pl Unit Develnent! Conditia~al Use Agr L~Beaux Station D$~v~lop~r'sJPlcxl Unit Development Agre~nent, dated ch 1, 2006 and sul~~c~~~ra#13~` filexi f ~ as Document Number in the Office of'the +~aunty ~;d~der of the abEave County. 21~ CEl'JTTJRY B ~: , y „ ilr~ fts ~ ~-- STA`l"'E OF MINNESOTA } - } ~. coul~rT O~ wRI~xT The foregoing ' ent was acknowledged before me this ~ ~ ~ day of 20a~ ~( ~, by _ lJ~~~ f" dal, the ~1`~-e 1°r~~rde~' of 2T~` C~~t~ Bank, organized tn~rder tae lames of the state of Minnese~ta on behalf of said ~~.~.~ ,,; SAI~~Y L. SCHNEtD~R .Signature of P san TalkJn~ A.e~v~lerlgment ~ t~ot~ry F'obtie .....Minnesota ~r• ~+ ~h+Commi~sion Expires Jars. 31, 2t TI'~-ry. INSTR~ XYli~ ~CTEi~ B i Ccruri, MacArthur & Ruppe PLLP , ' 745 Central Avenue .East P.£) Box 369 St. Midi, Mi~T S53'75-03+6 _1