1999-05-05 PUD Agreement
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CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
Cottages of Albertville Two
TillS AGREEMENT, entered into this .5 i\t day of -1n~1999 by and
between Cottages of Albertville, LLC, 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 parcels of land
described in Exhibit "A", attached hereto and incorporated herein by reference, a portion
of which parcels of land are proposed to be subdivided and platted for owner-occupied
development, and which subdivision, which is the subject of this agreement, is intended
to bear the name "Cottages of Albertville Two" 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 plat of
Cottages of Albertville Two 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, water, storm sewer and streets (hereafter "Municipal
Improvements") be installed to serve the Subject Property, to be installed and fmanced by
Developer; and
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
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
drainage swales, berming, street signs, street cleanup during project development,
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erosion control, and other site-related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and agreements
of the parties concerning the development of the Subject Property;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth,
as follows:
1. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on
and off Said Plat as detailed in the Plans and Specifications for Cottages of
Albertville Two, as prepared by Boonestroo, Williamson and Kotsmith,
dated December 9th, 1998, as on file with the City Clerk, including
performing all work as shown on Grading and Draining Plan attached as
Exhibit B, said improvements to include installation of water mains,
sanitary and storm sewers, and curb and gutter. All such improvements
shall be constructed according to the standards adopted by the City, along
with all items required by the City Engineer. Unless a later date is
specified by the City Engineer, said improvements shall be installed by
October 15, 1999.
B. The Developer warrants to the City for a period of two years from the date
the City accepts the project by resolution that all such Municipal
Improvements 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 warranty to apply both to
poor materials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements. 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 work on any Municipal Improvements and whom Developer has
failed to fully pay for the performance of said work. Developer shall
receive written notice of the City's intent to pay contractors and/or
subcontractors with the surety and shall have the right to contest such
payment in good faith. Developer shall have 30 days to respond to
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the written notice. No payment shall b~ made by the City until such
dispute is resolved
D. Developer shall grade all lots at the same time as the street grading is
performed, and shall grade such lots in a manner which will allow for
adequate drainage from the lot. .
E. The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times as the City may deem
necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs incurred by the City
during said inspection.
F. Developer shall be responsible for all maintenance (including snow
plowing) on all private streets in Said Plat. Developer shall keep all private
streets in said plat in good repair at all times, and shall keep said streets
open so as to allow unhindered access for emergency vehicles at all times.
Removal of excess snow shall occur within 12 hours after 2 inches of
snowfall has accumulated. Such snow may be stored on site but shall not
be stored in a manner in which the height of the pile of snow exceeds 10
feet nor shall snow be stored in a manner so as to block windows of homes
or vehicular visibility.
G. Developer agrees that all private streets within the development shall be
constructed in accordance with City standards, except that width of the
private streets shall be a minimum of 24 feet wide.
2. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of boulevards, street signs, traffic signs, yard top soil, sod in all
front and side yards, grass seeding in back yards, grading control per lot,
bituminous or concrete driveway approaches, bituminous parking areas and
private streets, drainage swales, berming, and like items as necessary, street
cleanup during project development, and erosion control. Said on- and Off-
site improvements shall be installed no later than October 15, 2000, with
the exception of erosion control, drainage swales and berming, which shall
be installed upon initial grading of Subject Property. Developer shall also
comply with th~ landscaping plan as provided in this document.
B.
Developer shall, at its own
expense, cause the following items to be
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installed within the development, all suqh items to be installed under
ground, within the street right of way, accessible to all lots and in
compliance with all applicable state and local regulations:
1. Electrical power supply, to be provided by Northern States Power or
other such carrier;
11. Natural gas supply, to be provided by Minnegasco or other such
carner;
111. Telephone service, to be provided by SprintlUnited Telephone
Company or other such carrier;
IV. Cable television, to be provided by a local carrier.
In addition, the Developer shall, at its own expense, cause street lights 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. The sign sizes and design shall be as
follows:
1. For each dwelling unit, one name/address plate shall be pennitted
not exceeding two (2) square feet.
n. The owner occupied development and the renter occupied development
shall be allowed up to a combined total of one (1) overall project identification
signs up to forty (40) square feet. Sign plans must be submitted for review and
approval by the City Planner and City Building Inspector.
C. Developer has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached and incorporated herein as
Exhibit C. Developer agrees to have all utilities installed according to this
plan.
D. Developer shall install silt fencing as deemed necessary by the City
Engineer.
E. Notwithstanding the requirements of subparagraph 2A above, the Developer
shall install to the City's satisfaction the improvements for each lot
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or parcel within sixty (60) days of the d~te that a certificate of occupancy
(temporary or permanent) is issued by the City for a building located on the
lot, unless the certificate of occupancy is issued after October 1st and
before March 30th in any given year, in which case said improvements shall
be so completed by the following June 15th.
F . Developer shall comply with the Landscaping Plan attached as Exhibit D.
3. Intended Use of Subdivision Lots.
D.
E.
A.
It is the Developer's and City's intent that 16 owner-occupied attached
single family quad homes and 4 owner-occupied attached single family
duplex homes (for a total of 20 dwelling units) be constructed on the lots in
Said Plat. Developer agrees that it shall not construct any units other than
said owner-occupied single-family attached dwelling units on the land in
Said Plat, and all such units shall be constructed in the approximate location
as shown on the attached Exhibit C.
B.
Developer shall record a Declaration of Common Interest Community for
the Cottages of Albertville Two. Said Declaration of Common Interest
Community shall among other things, specify age restrictions consistent
with this agreement, establish a Home Owner's Association, and shall be in
a form and with content acceptable to the City Attorney.
C.
The Cottages of Albertville Two shall be a seniors-only development. At
least one resident in each unit must be age 55 or older, and no residents
under the age of eighteen are permitted.
No more than two units within Said Plat may be occupied by employees of
the Homeowner's Association, or their family members, who are under the
age of 55. All employees under the age of 55 must perform substantial
duties directly related to housing management or maintenance in order to be
eligible to live on site.
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The Homeowner's Association must publish and adhere to policies and
procedures that demonstrate an intent to maintain a seniors-only
development. Such an intent shall be evidenced by procedures, approved by
the City, related to the following areas:
. The manner in which the development is described to prospective
residents
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. The nature of any advertising design~d to attract prospective residents
. Age verification procedures
. Lease provisions
. Written rules and regulations
. Actual practices of the owner or manager in enforcing relevant lease
provisions and relevant rules or regulations.
F. The Developer must comply with rules issued by the Secretary of Housing
and Urban Development for verification of age of occupants. Such
verification shall be made by reliable surveys and affidavits.
G. The development must contain significant facilities and services specifically
designed to meet the physical or social needs of older persons. Significant
facilities and services may include, but are not limited to:
. social and recreational programs
. continuing education
. information and counseling
. recreational, homemaker, outside maintenance and referral services
. accessible physical environment
. emergency and preventative health care programs
. congregate dining facilities
. transportation to facilitate access to social services, and
. services designed to encourage and assist residents to use the services
and facilities available to them
Significant facilities and services do not include off-site facilities and
services. However, significant facilities and services do include the use of a
Community Room located in the rental portion of the Cottages of
Albertville subdivision by the residents of the Subject Property. The
owner-occupied Homeowner's Association shall have reasonable access to
the Community Room to comply with the requirements of this subsection.
The Homeowner's Association shall submit a Compliance Proposal to the
City annually demonstrating the significant facilities and services being
offered to meet the physical or social needs residents and to comply with
this paragraph 3G.
H. No person under age 18 may stay overnight with a person over the age of
55 who resides in Albertville Cottages Two longer than 14 total number of
nights in any period of 4 months. In no case may a person under the age of
18 stay overnight with a person over the age of 55 who resides in
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Albertville Cottages more than 28 night~ in a twelve month period.
4. Surety ReQuirements.
A. Developer will provide the City with a surety acceptable to the City Attorney as
security that the obligations of the Developer under this contract shall be
performed. The surety must be in the amount of $43,976 (representing 100%
of the estimated cost of the Municipal Improvements and bituminous t
pavement). Said surety must meet the approval of the City attorney as to
and issuing bank.
B. The City may draw on said surety to complete work not performed by
Developer (including but not limited to on- and off-site improvements,
Municipal Improvements described above, 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.
C. In the event that any surety referred to herein is ever utilized and found to be
deficient in amount to payor reimburse the City in total as required herein, the
Developer agrees that upon being billed by the City, Developer will pay within
thirty (30) days of the mailing of said billing, the said deficient amount. If
there should be an overage in the amoWlt of utilized security, the City will,
upon making said determination, refund to the Developer any monies which the
City has in its possession which are in excess of the actual costs of the project
as paid by the City. '
D. Developer hereby agrees to allow the City to assess Developer's property for
any and all costs incurred by the City in enforcing any of the terms of this
agreement should Developer's surety prove insufficient or should Developer
fail to maintain said surety in the amount required above within 30 days of
mailing of written request by the City. Should the City assess Developer's
property for said costs, Developer agrees not to contest or appeal such
assessment and waives all statutol)' rights of appeal under Minnesota Statutes,
including Minnesota Statute 429.081.
5. Surety Release.
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A. That portion of said surety with respect to the performance of Site
hnprovements shall be released upon certification of the City Engineer and
approval of the City Council that all such items are satisfactorily completed
pursuant to this Agreement.
B. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal hnprovements, 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 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.
C. The Developer may request of the City a reduction or release of any surety as
follows:
1. When another surety is furnished to the City to replace a prior surety.
11. When all or a portion of the Municipal Improvements or the on- and
off-site improvements have been installed, the surety may be reduced by
the dollar amount attributable to that portion of improvements so
installed, except that the City shall retain the letter of credit in the
amount of 10% of the estimated construction price of the Municipal
hnprovements 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.
lli. As to all requests brought under this paragraph A, the City Council shall
have complete discretion whether to reduce or not to reduce said surety.
D. The costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of billing.
6. Sanitary Sewer Trunk Line Fees.
Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
requires the Developer to pay $3,640.00 ($1,400.00 per acre times (x) 2.6 acres) in
sanitary sewer trunk line fees as part of the platting of the Subject property.
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7. Abandonment ofProiect - Costs and Exnenses. In the event Developer
abandons the proposed development of the Subject Property, the City's costs and
expenses, including attorney's fees, professional review, drafting of this
Agreement, preparation of the feasibility report, plans and specifications, and any
other expenses undertaken in reliance upon Developer's various representations,
shall be paid by said Developer within thirty (30) days after receipt of a bill for
such costs from the City. In addition, in the event the Developer abandons the
project, in whole or in part, ceases substantial field work for more than nine (9)
months, or fails to provide sufficient ground-cover to prevent continuing soil
erosion from the Plat, Developer agrees to pay all costs the City may incur in
taking whatever action is reasonably necessary to provide ground-cover and
otherwise restore Said Plat to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion
from Said Plat. If such costs are not paid, the City may withdraw funds for the
purpose of paying the costs referred to in this paragraph from any surety posted by
Developer with regard to the Subject Property.
8. Develoner To Pay City's Costs and Exnenses. It is understood and agreed that
the Developer will reimburse the City for all reasonable administrative, legal,
planning, engineering and other professional costs incurred in the creation,
administration, enforcement or execution of this Agreement and the approval of
the Cottages of Albertville Two plat, as well as all reasonable engineering
expenses incurred by the City in designing, approving, installing, and inspecting
said Improvements described above. Developer agrees to pay all such costs within
30 days of billing by the City. If Developer fails to pay said amounts, Developer
agrees to allow the City to reimburse itself from said surety and/or assess the
amount owed against any or all of the Said Plat without objection. Developer has
the right to request time sheets or work records to verify said billing prior to
payment.
9. Erosion and Siltation Control. Before any grading is started on any site, all
erosion control measures as shown on the approved Grading and Drainage Plan
shall be strictly complied with as set forth in the attached Exhibit B. Developer
shall also install all erosion control measures deemed necessary by the City
Engineer should the Grading and Drainage Plan prove inadequate in any respect.
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10. Ditch Cleanim!. Developer shall comply with all requirements set forth for
drainage into any county ditch or other ditch thTough which water from Subject
Property may drain, and shall make any necessary improvements or go through
any necessary procedures to ensure compliance with all federal, state, county or
city requirements, all at Developer's expense.
11. Maintain Public Property Dama!!ed or Cluttered Durin!! Construction.
Developer agrees to assume full financial responsibility for any damage which
may occur to public property including but not limited to streets, street sub- base,
base, bituminous surface, curb, utility system (including but not limited to water
main), sanitary sewer or storm sewer when said damage occurs as a result of the
activity which takes place during the development of Said Plat. The Developer
further agrees to pay all costs required to repair the streets and/or utility systems
damaged or cluttered with debris when occurring as a direct or indirect result of
the construction that takes place in Said Plat. In the event the Developer fails to
clean up, maintain or repair the damaged public property mentioned above, the
City shall provide the Developer with a Notice of it~ intent to clean up, repair, or
maintain such public property. Developer shall have thirty (30) days from the date
of mailing of such notice to effect such clean up, repair or maintenance of said
public property to the satisfaction of the City Council. In the event that Developer
fails to so clean up, repair or maintain said public property, the City may
undertake making or causing it to be cleaned up, repaired or maintained. When
the City undertakes such activity, the Developer shall reimburse the City for all of
its expenses within thirty (30) days of its billing to the Developer. If the
Developer fails to pay said bill within thirty (30) days, funds sufficient to pay the
bill may be withdrawn by the City from the surety described above and/or assessed
against any or all of Said Plat.
12. Temporarv Easement Ri!!hts. Developer shall provide access to the Subject
Property during its development at all reasonable times to the City or its
representatives for purposes of inspection or to accomplish any necessary work
pursuant to this agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this agreement
are items for which Developer is responsible for completing and all work
shall be done at Developer's expense.
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B. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Contract is for any reason held invalid, such decision shall not affect
the validity of the remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance of
public improvements by City Council resolution, the Developer assumes all
liability and the costs resulting in delays in completion of public
improvements and damage to public improvements caused by the City,
Developer, its contractors, subcontractors, materialmen, employees, agents,
or third parties. No one may occupy a building for which a building permit
is issued on either a temporary or permanent basis until the streets needed
for access have class five gravel and concrete curbing installed, unless a
specific exception is approved by the City.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments
or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
E. This Contract shall run with the land and shall be recorded against the title
to the property. After the Developer has completed all work and
obligations required of it under this Contract (including the expiration of
the warranty period), at the Developer's request, the City will execute and
deliver to the Developer a release of its obligations under this agreement,
except that the entire Paragraph 3, Intended Use of Subdivision Lots, shall
remain in effect as to the land at all times. If developer transfers its interest
in the Subject Property, Developer shall be deemed formally released of its
obligations herein, provided developer has completed all obligations under
this Agreement, and provided that the successor in interest must comply
with, and is bound by, Paragraph 3, Intended Use of Subdivision Lots.
F. The Albertville City Council reserves the right to allocate wastewater treatment
capacity in a manner it finds to be in the best interests of the public health,
safety and welfare.
G. The Developer represents to the City that Said Plat complies with all City,
county, state and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations.
If the City determines that the plat does not comply, the City may, at its
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option, refuse to allow construction or development work in the plat until
the Developer so complies. Upon the City's demand, the Developer shall
cease work until there is compliance.
H. Prior to the execution of this agreement and prior to the start of any
construction on the Subject Property, Developer shall provide the City with
evidence of good and marketable title to all of Subject Property. Evidence
of good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or title opinion from
an attorney of Developer's choice based on an abstract of title to the
Subject Property updated by an abstract company registered under the laws
of the State of Minnesota.
I. Developer agrees not to build on Lot No.5, Block 1 and Lot No. 17, Block 2.
Developer agrees that said lots shall be maintained by the Homeowner's
Association.
14. Draw on Surety. In the event a surety referred to herein is in the form of a surety
which by its terms may become null and void prior to the time at which all monetaty
or other obligations of the Developer are paid or completed, it is agreed that the
Developer shall provide the City with a new surety, acceptable to the City, at least
forty-five (45) days prior to the expiration of the expiring surety. If a new surety is not
received as required above, the City may declare a default in the terms of this
Agreement and thence draw in part or in total, at the City's discretion, upon the
expiring surety to avoid the loss of surety for the continued obligation. The form of
said surety must be approved by the City Attorney prior to its issuance.
15. Violation of A!!reement.
A. In the case of default by the Developer, its successors or assigns, of any of
the covenants and agreements herein contained, the City shall give
Developer thirty (30) days mailed notice thereof (via certified mail), and if
such default is not cured within said thirty (30) day period, the City is
hereby granted the right and the privilege to declare any deficiencies
governed by this Agreement due and payable to the City in full. The thirty
(30) day notice period shall be deemed to run from the date of deposit in
the United States Mail. Upon failure to cure by Developer, the City may
thence immediately and without notice or consent of the Developer use all
of the deposited cash, irrevocable letter of credit or other surety funds to
complete the Developer's obligations under this agreement, and to bring
legal action against the Developer to collect any sums due to the
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City pursuant to this Agreement, plus all costs and attorney's fees incurred
in enforcing this agreement. '
B. Paragraph 15A shall not apply to any acts or rights of the City under
paragraph 14 above, and no notice need be given to the Developer as a
condition precedent to the City declaring a default or 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 the surety
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
C. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits.
16. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and
marketable title to Subject Property, and upon completion of all
construction work and certification of completion by the City Engineer,
shall dedicate all sanitary sewers, storm sewers, water mains, and trails to
the City. Prior to dedication, Developer shall provide to the City "As
Builts" of all sewers, water mains and roads. Acceptance by City of any
dedication shall occur upon passage of a resolution to such effect by the
City Council. Said dedications shall occur by June 30, 2000, or at such
later time as determined by the City Council.
B. The Developer is not dedicating park land with this plat. As a result,
Developer and City have agreed that the park dedication requirement shall
be paid to the City in the form of cash in the amount of $26,000.00 ($1,300
times (x) 20 units). Payment of this fee shall occur prior to release of the
final plat.
16. Zonim! Standards. Developer shall adhere to the City's R-4 zoning standards, except
for the following items which shall be allowed in this Planned Unit Development:
A. Private streets shall be 24 feet wide.
B. Two car garages shall be provided.
18. Phased Development. If the plat is a phase of a multi-phased preliminary plat,
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the City may refuse to approve final plats of subsequent phases until public
improvements for all prior phases have been satisfactorily completed.
Development of subsequent phases may not proceed until Development Contracts
for such phases are approved by the City. Approval of this phase of the
Development shall not be construed as approval of future phases nor shall
approval of this phase bind the City to approve future Development phases. All
future Development phases shall be governed by the City's Comprehensive Plan,
Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the
time such future Development phases are approved by the City.
19. Indemnitv. Developer shall hold the City and its officers and employees harmless
from claims made by Developer and third parties for damages sustained or costs
incurred resulting from plat approval and development. The Developer shall
indemnify the City and its officers and employees for all costs, damages or
expenses which the City may payor incur in consequence of such claims,
including attorney's fees. Third parties shall have no recourse against the City
under this contract.
20. Assi{!nment of Contract. The obligations of the Developer under this Contract
cannot be assigned without the express written consent of the City Council
through Council resolution.
21. Professional Fees. The Developer will pay all reasonable professional fees
incurred by the City as a result of City efforts to enforce the terms of this
Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and
any other professional fees incurred by the City in attempting to enforce the terms
of this Agreement. The Developer will also pay all reasonable attorney's and
professional fees incurred by the City in the event an action is brought upon a
letter of credit furnished by the Developer as provided herein.
22. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (612) 497-3384
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Cottages of Albertville Two, LLC
c/o Steve Feneis
10 11 2nd Street North
Suite 109
P.O. Box 1802
St. Cloud, MN 56302
(320)202-8000
23. A2reement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
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DEVELOPER,
~iLL~
ts anager .
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
15
e foregoing instrument
1999, b
Minnesota . cipal corporatio
the City Council.
as ac1m wledged before me this ~ ~ day of
W as'Mayor of the City of Albertville, a
on behalf of the city and pursuant to the authority of
-
'LINDA M. HOUGHTON ,-
NOTARY PUBlIC.MIN NESOTA
WRIGHT COUNTY
Ill' My Commission Expires Jan. 3f, 2000
The foregoing instrument was acknowledged before me this ~ day of
Jil () u- ' 1999, by Linda Goeb, as Clerk of the City of Albertville, a
~eiOta municipal corporation, on behalf of the city and pursuant to the authority of
the City Council.
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
~JyJ1 (J 1) 11 f/ae I; J(JfU~LJ1A-:,
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
eDEB'::tBBr:II
WR8I1'COUNTY
1Irt' lLf~.__
...,11.2OllO
The foregoing instrument was acknowledged before me this fj.,?:f!2
~\, ' 1999, bYUon.c. \E'.M"'c:;. , as Manager of
~e5-. oC A\be.r-\v; \\e,LL.c.. .
day of
40,J.~. '--1'Y\. ~ocQ
Notary Public
DRAFTED BY:
Couri & MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
612 497-1930
e DEBRA M. KERFELD
. .' Notay PublIc-MInnesota
~. Benton County
My Commission Expns Jan 31, 2000
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EXHIBIT A TO DEVEWPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows (prior to the
filing of the Cottages of Albertville Two plat):
Outlots A and B, Center Oaks, according to the plat thereof: on file and of record in the Office
of the County Recorder, Wright County, Minnesota.
The Real Property subject to the Developer's Agreement is legally described as follows (after the filing
of the Cottages of Albertville Two Plat):
Lots 1-5, Block 1
Lots 1-17, Block 2
Cottages of Albertville Two, according to the plat thereof on file and of record in the Office of
the County Recorder, Wright County, Minnesota.
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