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2003-01-30 Assignment Agreement ASSIGNMENT AGREEMENT Cecfa-v Cvee I=- $ov fit 7 r4 This Assignment Agreement dated this 3o}t,day of January, 2003, by and between Pilot Land. Development Company (hereinafter referred to as "Assignor"), and Woodside {teaav (y€e~ J U"C. , (hereinafter referred to as "Assignee"), , Whereas, Assignee has acquired certain assets of Assignor including, but not limited to, certain real property, pursuant to an Asset Purchase Agreement dated December 16, 2002; and Whereas, pursuant to the terms of said Asset Purchase Agreement, Assignor is required to assign its interest in that certain Development Agreement by and between Assignor and the City of ~, ("City") dated /V6l1em6ey ~~drecordedas document # 7f&i7S7; and .. Whereas, the assignment of the Development Agreement requires the consent and approval of the City; and Whereas Assignor represents that the Development Agreement is valid, binding, in full force and . - effect and not in default, and NOW, THEREFORE, in consideration of the mutual covenants, a~eements and promises contained herein, the parties agree as follows: 1. Assignor assigns all right, title, interest and entitlements in the Development Agreement, subject to the requirements, conditions and covenants set forth in the Asset Purchase Agreement to Assignee; and 2. Subject to the terms and conditions of the parties' Asset Purchase Agreement, Assignees assume all rights, duties, obligations, surety requirements and entitlements in . Assignor's interest in the Development Agreement. ill witness whereof, Assignor and Assignee have executed this Assignment Agreement the day and year fIrst written above. ASSIGNEE Woodside ~ (kek-I- LL(! , ASSIGNOR Pilot Land Development Company By: CONSENT TO ASSIGNMENT The City hereby consents and agrees to !he above-refe~enced assignment of that certain Development Agreement by and between AssIgnor and the CIty dated'1114<.AJ'L.h~ /~ .:2-~~,1 . I Dated: ~;~ ~. ~ I ~~/ ~~ @PFDesktop\::ODMAlGRPWISElGWDMPLS.GWPOMPLS.MPLSLIB1:101615.1 .. 769757 l!- , .; I '''i i{ I i;\ ,j pI-' 1-'''' ;ie r"! r-" ""', n{J i.fGCr'jO ,ii ['1.1, $35.00 ck #29535 NS/CWr!BG /3) CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT \, ..:.-/ Cedar Creek South Seventh Addition THIS AGREEMENT, entered into this /;:IU day of y~, 2001 by and between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, which parcel(s) of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar Creek South Seventh Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Cedar Creek South Seventh Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, sanitary sewer, municipal water, stonn sewer (hereafter "Municipal Improvements") be installed to serve the Subject Property and, further, to be financed by Developer; WHEREAS, the City further requires that certain on- and off-site improvements be installed by the Developer within the Subject Property, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete Return to: 1 Pilot Land Development Company 13736 Johnson Street NE Ham Lake, MN 55304