1993-10-08 Idemnification Agreement
J.~-05-1993 04:01pr1
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FROM RRDZWILLLRWOFFICE
TO
7574094
P.02
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INDEMNIFICATION AGREEHEN~
WHEREAS, Kenco Construction, Inc. and Kent Roessler
(collectively referred to as ItDeveloper") has duly platted that
subdivision named parkside First Addition within the city of
Albertville ("citylt); and
WHEREAS, Developer has entered into a Developer's Agreement
dated september 22, 1993, with the city in order to regulate the
construction and development occurring within Parkside First
Addition; and
WHER.EAS, the parties wish to supplement the Developer's
Agreement to allow the Developer to obtain building permits prior
to that time usually allowed by the City with no additional
liability to the city for any loss or damage which may occur due to
the issuance of such building permits;
NOW, THEREFORB, The City and Developer hereby agree as
follows:
1. The city hereby agrees to allow Developer to obtain building
permits for any lots in Parks ide First Addition (provided all
requirements for said permits are met) prior to the
installation of curb, gutter and the gravel 'Pase for the
street abutting the permit lots, provided the sanitary and
storm sewers and the water mains nave been installed. In
return, Developer hereby agrees to hold the city harmless from
any and all damages sustained by Developer, its successors and
assigns, and any parties with whom Developer may contract,
where such injury or damage results, in whole or in part, from
the issuance of building permits prior to installation of all
municipal improvements as described above. In addition,
Developer agrees to indemnify the city for any and all damages
the City may incur from third party claims and any injuries
suffered directly by the city (including all attorney's fees,
court costs and expert witness fees), where such damage or
injury results in whole or in part from the issuance of
building permits prior to the installation of all municipal
improvements as described above.
2. Developer understands and agrees that no oooupancy permits
will be issued for any structures in Parks ide first Addition
until the capacity of the Wastewater Treatment Plant is
expanded to approximately 315,000 gallons per day and the
curb, gutter and gravel base for the streets is installed
adjacent to the lot containing the building to be ocoupied.
The parties agree that the 001q harmless apd indemnity
bt.!!Jflore9oin9 in~~ acknowledqed pefore lIIS this
day of . (' .., 1993, by Kent Roessler,
rndividually and as Pres~dent and Secretary of Kenco construction,
Inc. //~). .
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.;a' 'If{;A ~:-y -.4 . ..-'
Notary Pub c
1~~05-1993 04:02PM FROM RRDZW1LLLHWUrrlLc
ow
STATE OF MINNESOTA )
) SSe
COUNTY OF WRIGHT )
.- PATRIOIA PRATT
nul~RY PUBlIC. MlNNEsoa
.... ANOKA COUNTY
-, Comm. &p. ~12.1998
..
/
TOTAL P.04
II ~05-1993 04:02PM FROM RADZWILLLAWOFFICE
TO
7574094 P.03
Indemnification Agreement
Page Two
prov~s~ons in paragraph one above shall also apply to any
damage suffered in regard to tpe non-issuance of occupancy
permits for structures th~t qo pot meet the requirements of
this paragraph.
Dated; (U(/~~ & 199-~
/
CITY OF ALBERTVILLE
By; ~~
Mayo //:
Attest';
By;
j>4=tr
I<ENCO
personally
~,
STATE OF MINNESOTA )
) 55.
COUNTY OF WRIGHT )
.t'l'pe foregoing ~trument was acknowledged pefore me this
May~~t#, of t::Y ~it~o~~bertvill~, 19:3, ~~:eisc~~el ;~~r~ip:~
corporation, on behalf of the city and pursuant to the authority of
the City council.
@......LaNettaM.VanDaIe
!.~ NOTARY PUBLIC-MINNESOTA
l~ WRIGHT COUNlY
My CammiIIIon ~June 29. 1994
~~ t!{~ ~J.-
Notary Public
S
COUNTY OF WRIGHT
) ss.
)
~e foregoing tIJ. t@m~nt was acknowledged before me this
r). day of ~-&-I'f&t) , 1993, by Linda Houghton, as
Clerk of the city of Albertville, a Minnesota municipal
corporation, on behalf of the city and pursuant to the authority of
the city Council. . (:\
~A 74~ V~
Notary Publ~c
laNetta M. Van Dale
NOTARY PUBLIC-MINNESOTA
WRIGHT COUNTY
My Commission Exp/resJune 29.1994
INDEMNIFICATION AGREEMENT
WHEREAS, Kenco Construction, Inc. and Kent Roessler
( collectively referred to as "Developer") has duly platted that
subdivision named Parks ide Second Addition wi thin the city of
Albertville ("City"); and
WHEREAS,
dated
construction and
Addition; and
Developer has entered into a Developer's Agreement
, with the City in order to regulate the
development occurring within Parks ide Second
WHEREAS, the parties wish to supplement the Developer's
Agreement to allow the Developer to obtain building permits prior
to that time usually allowed by the city with no additional
liability to the city for any loss or damage which may occur due to
the issuance of such building permits;
NOW, THEREFORE, The city and Developer hereby agree as
follows:
1. The City hereby agrees to allow Developer to obtain building
permits for any lots in Parks ide Second Addition (provided all
requirements for said permits are met) prior to the
installation of curb, gutter and the gravel base for the
street abutting the permit lots, provided the sanitary and
storm sewers and the water mains have been installed. In
return, Developer hereby agrees to hold the City harmless from
any and all damages sustained by Developer, its successors and
assigns (including the purchasers of any houses that are
constructed within said Plat), and any parties with whom
Developer may contract, where such injury or damage results,
in whole or in part, from the issuance of building permits
prior to installation of all municipal improvements as
described above or where such injury or damage results, in
whole or in part, from the issuance of occupancy permits prior
to the paving of streets within said Plat. In addition,
Developer agrees to indemnify the City for any and all damages
the city may incur from third party claims and any injuries
suffered directly by the City (including all attorney's fees,
court costs and expert witness fees), where such damage or
injury resul ts in whole or in part from the issuance of
building permits prior to the installation of all municipal
improvements as described above or where such injury or damage
results, in whole or in part, from the issuance of occupancy
permits prior to the paving of streets within said Plat.
2. Developer understands and agrees that no occupancy permits
will be issued for any structures in Parks ide Second Addition
until the capacity of the Wastewater Treatment Plant is
expanded to approximately 315,000 gallons per day and the
curb, gutter and gravel base for the streets are installed
adjacent to the lot containing the building to be occupied.
Indemnification Agreement
Page Two
The parties agree that the hold harmless and indemnity
provisions in paragraph one above shall also apply to any
damage suffered in regard to the non-issuance of occupancy
permits for structures that do not meet the requirements of
this paragraph.
Dated:
CITY OF ALBERTVILLE
KENCO CONSTRUCTION, INC.
Mayor
By:
President and Secretary
By:
Attest:
KENT ROESSLER, personally
city Clerk
Kent Roessler
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1994, by Michael Potter as
Mayor of the City of Albertville, a Minnesota municipal
corporation, on behalf of the city and pursuant to the authority of
the City Council.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1994, by Linda Houghton, as
Clerk of the city of Albertville, a Minnesota municipal
corporation, on behalf of the city and pursuant to the authority of
the City Council.
Notary Public
"
..
STATE OF MINNESOTA )
) SSe
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1994, by Kent Roessler,
individually and as President and Secretary of Kenco Construction,
Inc.
Notary Public