1994-01-18 Indemnification Agreement
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INDEMNIFICATION AGREEMENT
WHEREAS,. Kenco construction, Inc. and Kent Roessler
(collectively referred to as "Developer") has duly platted that
subdivision named Parks ide Second Addition within the city of
Albertvil+e ("City"); and
WHERBAS/..De~,~lope:r has entered into a Developer's Agreement
dated. 1.-1~-'1"1- ~ . . ,with the City in order to regulate the
constructJ.on ~ lind . development occurring within Parks ide Second
Addition; and
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 permi t lots, provided the sani tary 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 addi tion,
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
injuryresl.11ts 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 ~()r 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 parkside 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.
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Indemnification Agreement
Page Two
The parties agree that the hold harmless and indemnity
provisions in paragraph one above shall also apply to any
dam.age suffered in regard to the non-issuance of occupancy
permits for structures that do not mee.t the requirements of
this paragraph.
Dated: 11.21- /qr
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CITY OF ALBERTVILLE
~y: ~fJ;tJ.
May~ ~
Attest: ........ /< ... ...~......... .... · ....
CIty Clerk .
By:
STATE OF MINNESOTA )
) SSe
COUNTY OF WRIGHT )
~he fOr"9oing ~nt was aCknOw,. ledged before m, ethis
~Lf-tt;; day of ' '. , 1994, by Michael Potter as
Mayor of the ci y of Albertville, a Minnesota municipal
corporation, on behalf of the city and pursuant to the authority of
the city Council.
~---m. U-OL
Notary Public
STATE OF MINNESOTA )
) SSe
COUNTY OF WRIGHT )
,...;.;:;>-:""::::... LaNetta M. Van. Dale
~! .J.' . "NOTARYPUBUC-MlHNESOTA
WRIGHT COUNTY
MJ Commis8lolt Elcp/nIIl June 29. 1994
,T.he . fore.g Oing,~' st r, ument was acknowledged before me thI'S
;;24 Gr. '.. day of .' '. ' 1994, by Linda Houghton, as
clerk of . the ci of A ertville, a Minnesota municipal
corporation, on behalf of the city and pursuant to the authority of
the City Council.
~..gl.aJL
Notary 'blic
,--:P"':.-:..... LaNetta M. Van Dale
(t-~.J.J.I I..' NOTARYPUBUC-MlNNESOTA
\~ . WRIGHT COUNTY
. My CommI$sIon ExpinlsJune 29.1994
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STATE OF MINNESOTA )
) SSe
COUNTY OF WRIGHT )
T~... .foreqOin. q ins
rH. . d.ay 'of
individually and as pr
Inc.
ant was acknowledqed before me this
, 1994, by Kent Roessler,
ent a ecretary of Kenco Construction,
Q~~j~
Notary pUblic
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PAlltICIA PAA1T
NOrARv PUBI.e..........
ANOKA COUNTY
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