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2025-05-19 City Council Agenda PacketCity of Albertville Council Agenda Monday, May 19, 2025 City Council Chambers 7 pm PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card.” Presentations are limited to five (5) minutes. 1.Call to Order 2.Pledge of Allegiance – Roll Call Pages 3.Recognitions – Presentations - Introductions 4.Public Forum – (time reserved 5 minutes) 5.Amendments to the Agenda 6.Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A.Approve May 5, 2025, regular City Council Meeting minutes as presented 3-6 B.Authorize the Monday, May 19, 2025, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. 7 C.Authorize the hiring of Jaxon Cagle for the position of Reserve Firefighter with the Albertville Fire Department. 8-9 D.Approve quote from Omann Contracting in the amount of $49,750 to overlay the parking lot at the Public Works Facility. 10-11 E Adopt Resolution No. 2025-13 accepting Local Road Improvement Program Grant Terms and Conditions For Main Ave Improvement Project. 12-37 F.Approve Payment Application to Greystone Construction in the amount of $74,860 for the Salt Shed. G.Approve Payment Application No. 21 to Gridor Construction in the amount of $101,204 for the Wastewater Systems Improvements 7.Public Hearing – None 8.Wright County Sheriff’s Office – Updates, reports, etc. 9.Department Business A.City Council 1.Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) City of Albertville City Council Agenda Monday, May 19, 2025 Page 2 of 2 B. Building – None C. City Clerk – None D. Finance – None E. Fire – None F. Planning and Zoning 1. Final Plat Approval for Albertville Plaza 3rd Addition 38-43 (Motion to adopt Resolution No. 2025-14 approving the final plat entitled Albertville Plaza 3rd Addition on 5953 Labeaux Avenue NE.) G. Public Works/Engineering 1. 2025 Central Park Playground Improvement Award 44-47 (Motion to adopt Resolution No. 2025-15 accepting the Low Bid for 2025 Central Park Playground Improvements project.) H. Legal 1. Albertville Plaza Third Addition Developer’s Agreement and Related Documents 48-140 Motion to approve the following Agreements: 1. Planned Unit Development Agreement Albertville Plaza Third Addition, Outlots A and B (Roden Development Agreement). 2. Planned Unit Development Agreement Albertville Plaza Third Addition, Lot 1, Block 1 (Insite Development Agreement). 3. Maintenance Agreement By And Between The City Of Albertville And The Owners Of Lots Within Albertville Plaza Additions For The Maintenance Of Real Property Located In The City Of Albertville, Wright County, Minnesota I. Administration 1. Compost Site Discussion 2. City Administrator’s Update 141-142 10. Announcements and/or Upcoming Meetings May 26 City Offices closed in observance of Memorial Day May 27 Joint Power Water Board, 6 pm (Tuesday) Parks Committee, 7 pm (Tuesday) June 2 City Council, 7 pm June 9 STMA Arena Board, 6 pm June 10 Planning Commission, 7 pm June 11-15 2025 Albertville Friendly City Days June 16 City Council, 7 pm 11. Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES May 5, 2025 – 7 pm Council Chambers Albertville City Hall 1.Call to Order Mayor Hendrickson called the meeting to order at 7:01 pm. 2.Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hayden, Olson, and Zagorski. Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, Planning Consultant Faulkner, Finance Director Lannes and City Clerk Luedke. 3. Recognitions – Presentations – Introductions – None 4.Public Forum Ms. Kaitlin Lougiu-Nelson, 10671 Karston Ave NE, said she was back to discuss backyard chickens. She indicated she was still interested in having chickens and provided information on other cities both locally and in the other areas of the country that allowed them. Ms. Lougiu- Nelson reported she contacted the Wright County Sheriff’s department and the Monticello Animal Control person, and they said there have been very few complaints regarding chickens. Mayor Hendrickson thanked Ms. Lougiu-Nelson for attending and added because this was open forum, the Council does not offer feedback. She recommended that Ms. Lougiu-Nelson stay in contact with City staff so that they can notify her if the Council discusses chickens in the future. 5.Amendments to the Agenda There were no amendments to the agenda. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the May 5, 2025, agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson, and Zagorski. Nays: None. The motion carried. 6.Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A.Approve the April 21, 2025, Local Board of Appeals and Equalization minutes as presented. B.Approve the April 21, 2025, regular City Council Meeting minutes as presented. C.Authorize the Monday, May 5, 2025, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of May 5, 2025 provided to City Council as a separate document and is available for public view at City Hall upon request. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve May 5, 2025, consent agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson, and Zagorski. Nays: None. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. There were no updates from the Wright County Sheriff’s Office. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Olson provided an update from the Joint Power Water Board meeting which included the acceptance of the 2024 audit and added the audit went well. B. Building – None C. City Clerk – None D. Finance – None E. Fire 1. I94 Dispatch Agreement for the Cities of Albertville and St. Michael Fire Chief Bullen presented the staff report which included background information on the current Memorandum of Understanding (MOU) between Albertville and St. Michael for incidents occurring on I94 between Mile Markers 201 and 205. He reported that the cities and their fire departments were requesting to formalize the MOU into a dispatch agreement for submission to the Wright County Sheriff’s Office Dispatch Center. He answered questions from Council. MOTION made by Councilmember Hayden, seconded by Councilmember Olson to approve the I94 Dispatch Agreement for the Cities of Albertville and St. Michael. Ayes: Cocking, Hayden, Hendrickson, Olson, and Zagorski. Nays: None. The motion carried. 2. Structure Fire Dispatch Agreement for the Cities of Albertville, Hanover, and St. Michael Fire Chief Bullen presented the staff report in which he said the Albertville Fire Department has currently been responding jointly with the St. Michael Fire Department to structure fires in both cities. Chief Bullen said that Albertville has responded to structures fires in Hanover as requested to provide aerial apparatus support. He added like the previous request; the cities and their fire departments were requesting to formalize the dispatch agreement for submission to the Wright County Sheriff’s Dispatch Center. He answered questions from Council. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of May 5, 2025 City Administrator Nafstad provided additional information on the agreement. MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to approve the Structure Fire Dispatch Agreement for the Cities of Albertville, Hanover, and St. Michael. Ayes: Cocking, Hayden, Hendrickson, Olson, and Zagorski. Nays: None. The motion carried. 3. Otsego Staffing Plan Discussion Fire Chief Bullen reported that the Otsego City Council and Emergency Service Director had a joint meeting regarding their Otsego Fire & Emergency Services Department Staffing Plan. He discussed his concerns with the staffing report and how it may affect the Albertville Fire Department in the future. Chief Bullen answered questions from Council. City Administrator Nafstad provided additional information and reported on his concerns regarding the staffing report. There was Council discussion regarding Otsego Fire & Emergency Services Department Staffing Plan. F. Planning and Zoning 1. Amend Zoning Code Related to the Regulations of Outdoor Bars Planning Consultant Faulkner presented the staff report and said this was a housekeeping item. She explained the background information on the proposed Ordinance and answered questions from Council. Planner Faulkner reported that the City Attorney recommended an amended to the proposed Ordinance in which the word “outdoor” should not be struck from the City Code. City Attorney Couri provided additional information on recommended Ordinance change. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt Ordinance No. 2025-02 and summary ordinance for publication, approving amendments to the City Code Appendix A Zoning Ordinance regulating outdoor bars and definition of bars and taverns as amended. Ayes: Cocking, Hayden, Hendrickson, Olson, and Zagorski. Nays: None. The motion carried. G. Public Works/Engineering – None H. Legal – None I. Administration 1. City Administrator’s Update City Administrator Nafstad presented the City Administrator’s Update which included information on upcoming projects and events within the City. He reported there was a change to the Administrator’s Update that the new recycling rate should be $5.30 instead of $4.95. City Administrator Nafstad said Albertville would be meeting with the City of Otsego to discuss the compost site. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of May 5, 2025 Announcements and/or Upcoming Meetings May 12 STMA Arena Board, 6 pm May 13 Planning Commission, 7 pm May 19 City Council, 7 pm May 26 City Offices closed in observance of Memorial Day May 27 Joint Power Water Board, 6 pm Parks Committee, 7 pm June 2 City Council, 7pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the meeting at 8:12 pm. Ayes: Cocking, Hayden, Hendrickson, Olson, and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 6 Mayor and Council Request for Action May 19, 2025 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, May 19, 2025, payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff have reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • List of Claims (under separate cover) Agenda Page 7 Mayor and Council Request for Action May 19, 2025 SUBJECT: CONSENT – FIRE – AUTHORIZE THE HIRING OF A RESERVE FIREFIGHTER RECOMMENDATION: It is respectfully requested that the Mayor and City Council authorize the following: MOTION TO: Authorize the hiring of the following individual for the position of Reserve Firefighter with the Albertville Fire Department: • Jaxon Cagle BACKGROUND: The Fire Department began its current hiring process in February 2025. The process has concluded with the request to approve the hiring of the above-named individual to the position of Reserve Firefighter. The applicant has met the requirements as outlined in Section 4.1.3 (Employment Eligibility - Requirements and Process) of the Albertville Fire Department’s (AFD) Standard Operating Policies and Procedures. They have also completed, and successfully passed, the complete AFD hiring process. This process includes, but is not limited to: a. Application b. Initial Interview c. Physical Ability Test d. Reference Checks e. Final Interview f. Conditional Job Offer g. MN BCA Background and Criminal History Checks h. Pre-Employment Medical Exams / Drug Testing i. Pre-Employment Psychological Exams and Interview The AFD is asking for Council authorization for the hiring of one new Reserve Firefighter. If approved by the Council, the new member will be sworn in on Thursday, May 22nd, at the Albertville Fire Department. KEY ISSUES: • The current AFD hiring process is ending. • One applicant has successfully completed the AFD hiring process. • If approved by the Council, the new member will be sworn in on Thursday, May 22nd, at the Albertville Fire Department. FINANCIAL CONSIDERATIONS: The costs associated with the hiring process are part of the annual Fire Department Operating budget. The Reserve Firefighter will start as a volunteer, unpaid, member of the Fire Department. Agenda Page 8 Mayor and Council Request for Action – May 19, 2025 Fire – Authorize Hiring of Reserve Firefighter Page 2 of 2 LEGAL ISSUES: The City Council has the authority to establish new positions and hire personnel. Responsible Person: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator - PWD Agenda Page 9 Mayor and Council Request for Action May 19, 2025 SUBJECT: CONSENT – PUBLIC WORKS – OVERLAY AT PUBLIC WORKS FACILITY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Approve quote from Omann Contracting in the amount of $49,750 to overlay the parking lot at the public works facility. BACKGROUND: The public works parking lot is over 20 years old and due for an overlay. As part of the WWTF improvements, it was necessary to extend utilities through the parking lot and patch the pavement. With Omann’s onsite paving as part of the WWTF treatment project staff believe it would be beneficial to complete the overlay at the same time. KEY ISSUES: • The lot is over 20 years old and ready for an overlay • The parking lot pavement needed to be patched as part of the WWTF project • The quoted amount is $49,750 to mill and overlay the public works parking lot FINANCIAL CONSIDERATIONS: The overlay will be paid out of the Wastewater Biosolids Improvement Project fund. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize municipal improvements, and to accept or reject quotes for municipal improvements. Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Quote from Omann Agenda Page 10 Albertville Public Works Mill and overlay Matt HoenemanAlbertville Omann Contracting Co mpanies 6551 La Beaux Ave. NE PO Box 120 Albertville, Mn. 55301 Job number Phone # (763)-497-8259 Fax # (763)-497-8261 Salesman ATT.: , MN Asphalt Paving / Concrete & Excavating OMANN Proposal Bid includes: 3796 SY of M&O 2" mill off of entire lot. Sweep clean Remove appropriate amount of gravel, patch base course in 2 areas that are currently flushed with gravel. Apply tack and install 2" SPWEA340B wear course **Owner will need to have all obstructions removed from bituminous area prior to milling operations starting.** **Striping availible upon request, price agreed upon with approved layout.** Bid does NOT include: Subgrade prep or soil corrections, Testing or inspections, Permits or fees, Gravel install or prep, Winter conditions, Staking or layout, Utility adjustments, Site signage or striping, Concrete curb or flatwork installation, Traffic control, Landscape restoration, Bond (If required, Add 1% to above pricing) *Bid with $450.00 per liquid ton B-oil and $3.50 per gallon fuel. Surcharges may apply at the time of installation. $49,750.00 ACCEPTANCE OF PROPOSAL & GUARANTEE OF PAYMENT: The above prices, specifications and conditions are satisfactory and are hereby accepted. I verify there are no current liens or judgments on above said property. You are authorized to do the work as specified. Payment will be made as outlined per contract. In the event that a contract is not issued, payment will be due upon receipt of invoice. SignatureAuthorized Signature Date (please print) This proposal may be rejected if not signed and returned within 15 days of date as listed below. Unless a standard contract agreement is issued Due to the volatile fuel prices, fuel surcharges may apply above and beyond this quote 1 5/9/2025 Agenda Page 11 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2025-13 RESOLUTION ACCEPTING LOCAL ROAD IMPROVEMENT PROGRAM GRANT TERMS AND CONDITIONS SAP 242-112-002 MNDOT AGREEMENT NO. 1059522 WHEREAS, the City of Albertville has applied to the Commissioner of Transportation for a grant from the Local Road Improvement Fund; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $1,500,000 by reason of the lowest responsible bid. NOW THEREFORE, be it resolved that the City of Albertville does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52, and will pay any additional amount by which the cost exceeds the estimate and will return to the Local Road Improvement Fund any amount appropriated for the project but not required. BE IT FURTHER RESOLVED, the Mayor, City Council Administrator, and City Clerk are hereby authorized and directed for and on behalf of the City to execute a grant agreement and any amendments thereto with the Commissioner of Transportation prescribing the terms and conditions of said state transportation funds as set forth and contained in “Minnesota Department of Transportation Agreement No.1059522. Adopted by the City Council of the City of Albertville on this 19th day of May 2025. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 12 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 2 LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT AGREEMENT This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to Minn. Laws 2023, Chapter 72- H.F. 669. The provisions in that section and the Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons signing below agree to fully comply with all of the requirements of this Agreement. This Agreement will be effective on the date State obtains all required signatures under Minnesota Statutes §16C.05, subdivision 2. 1.Public Entity (Grantee) name, address and contact person: __City of Albertville____________________ __5959 Main Avenue NE P.O. Box 9______ __Albertville, MN 55301________________ _____________________________________ Contact: _Adam Nafstad________________ 2.Project(s): Name of Project & Project Number (See Exhibit C for location) Amount of LRIP Funds Amount of Required Matching Funds Completion Date 242-112-002 $1,500,000 $6,293,32.91 6/30/2027 3.Total Amount of LRIP Grant for all projects under this Agreement: $_1,500,000________ 4.The following Exhibits for each project are attached and incorporated by reference as part of this Agreement: Exhibit A Completed Sources and Uses of Funds Schedule Exhibit B Project Schedule, Workforce Certificate, and Equal Pay Certificate Exhibit C Bond Financed Property Certification Exhibit D Grant Application Exhibit E Grantee Resolution Approving Grant Agreement Exhibit F General Terms and Conditions Agenda Page 13 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 3 5.Additional requirements, if any: NONE. 6.Any modification of this Agreement must be in writing and signed by both parties. (The remaining portion of this page was intentionally left blank.) Agenda Page 14 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 3 PUBLIC ENTITY (GRANTEE) The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: __________________________________ Title: ________________________________ Date: ________________________________ By: __________________________________ Title: ________________________________ Date: ________________________________ DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance as required by Minnesota Statutes § 16A.15 and 16C.05 By: __________________________________ State Aid Programs Manager (with delegated authority) Date: ________________________________ DEPARTMENT OF TRANSPORTATION CONTRACT MANAGEMENT By: __________________________________ Contract Administrator Date: ________________________________ Agenda Page 15 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 4 EXHIBIT A SOURCES AND USES OF FUNDS SCHEDULE SOURCES OF FUNDS USES OF FUNDS Entity Supplying Funds Amount Expenses Amount State Funds: Items Paid for with LRIP LRIP Grant $_1,500,000__ Grant Funds: Reconstruct Main $_1,500,000 Other: Avenue NE, grading, class 5, bituminous and curb. _ ___________ $__ ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ Subtotal $_1,500,000 __ Subtotal $_1,500,000___ Public Entity Funds: Items paid for with Non- Matching Funds $_6,293,932.91_ LRIP Grant Funds: Reconstruct Main Avenue, sanitary sewer, watermain, street lighting, landscaping and restoration. $_6,293,932.91_ Other: ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ $___________ ________________ $___________ Subtotal $_6,293,932.91_ Subtotal $_6,293,932.91_ TOTAL FUNDS $_7,793,932.91____ = TOTAL PROJECT COSTS $_7,793,932.91_ Agenda Page 16 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 5 EXHIBIT B PROJECT SCHEDULE, WORKFORCE CERTIFICATE, AND EQUAL PAY CERTIFICATE Award Date [INSERT DATE] Construction Start Date 7/7/2025 Construction Substantial Complete Date 6/5/2027 Contract Final Completion Date 6/30/2027 Agenda Page 17 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 6 Omann Contracting Companies, Inc. has certified that it is not subject to the Workforce Certificate and Equal Pay Certificate requirements in Statute 363A.36 and 363A.44 because Omann Contracting Companies, Inc employs fewer than 40 full time employees. Agenda Page 18 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 7 Omann Contracting Companies, Inc. has certified that it is not subject to the Workforce Certificate and Equal Pay Certificate requirements in Statute 363A.36 and 363A.44 because Omann Contracting Companies, Inc employs fewer than 40 full time employees. Agenda Page 19 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 8 EXHIBIT C BOND FINANCED PROPERTY CERTIFICATION State of Minnesota General Obligation Bond Financed Property Main Avenue Improvements SAP No. 242-112-002 The undersigned states that it has a fee simple, leasehold and/or easement interest in the real property located in the County of Wright, State of Minnesota that is generally described or illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the “Restricted Property”) and acknowledges that the Restricted Property is or may become State bond-financed property. To the extent that the Restricted Property is or becomes State bond-financed property, the undersigned acknowledges that: A.The Restricted Property is State bond-financed property under Minn. Stat. Sec. 16A.695, is subject to the requirements imposed by that statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; and B.The Restricted Property is subject to the provisions of the Local Road Improvement Program Grant Agreement between the Minnesota Department of Transportation and the undersigned dated ________________, 20___; and C.The Restricted Property shall continue to be deemed State bond-financed property for 37.5 years or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date:__________________, 20____ City of Albertville___ [name of Public Entity grantee], a political subdivision of the State of Minnesota By: ________________________________ Name: _______________________________ Title: _______________________________ By: ________________________________ Name: _______________________________ Title: _______________________________ By: ________________________________ Name: ______________________________ Title: ______________________________ Jilian Hendrickson Mayor Kristine A. Luedke City Clerk City Administrator Adam Nafstad Agenda Page 20 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 9 Attachment 1 to Exhibit C GENERAL DESCRIPTION OF RESTRICTED PROPERTY LRIP funds will be used for reconstruction of Main Avenue NE from County Road 37 (61st Street NE) to County Road 18 (50th Street NE). Agenda Page 21 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 10 EXHIBIT D GRANT APPLICATION See attached grant application for the project Agenda Page 22 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 11 EXHIBIT E GRANTEE RESOLUTION APPROVING GRANT AGREEMENT Agenda Page 23 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 12 EXHIBIT F GENERAL TERMS AND CONDITIONS FOR LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS Article I DEFINITIONS Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined) unless the context specifically indicates otherwise: “Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means the Local Road Improvement Program Grant Agreement between the Public Entity and the Minnesota Department of Transportation to which this Exhibit is attached. “Certification” - means the certification, in the form attached as Exhibit C, in which the Public Entity acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. “Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner” - means the Commissioner of Minnesota Management & Budget. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July 30, 2012, as it may be amended or supplemented. “Completion Date” - means the projected date for completion of the Project as indicated in the Agreement. “Construction Contract Documents” - means the document or documents, in form and substance acceptable to MnDOT, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor(s) for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” - means the work to be performed under the Construction Contract Documents. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to MnDOT when an Advance is requested, as referred to in Section 4.02. Agenda Page 24 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 13 “G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and any bonds issued to refund or replace such bonds. “Grant Application” - means the grant application that the Public Entity submitted to MnDOT which is attached as Exhibit D. “LRIP Grant” - means a grant from MnDOT to the Public Entity under the LRIP in the amount specified in the Agreement, as such amount may be modified under the provisions hereof. “LRIP” - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules relating thereto. “MnDOT” - means the Minnesota Department of Transportation. “Outstanding Balance of the LRIP Grant” - means the portion of the LRIP Grant that has been disbursed to the Public Entity minus any amounts returned to the Commissioner. “Project” - means the Project identified in the Agreement to be totally or partially funded with a LRIP grant. “Public Entity” - means the grantee of the LRIP Grant and identified as the Public Entity in the Agreement. “Real Property” - means the real property identified in the Agreement on which the Project is located. Article II GRANT Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and disburse the proceeds in accordance with the terms and conditions herein. Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter term as authorized by statute, and which cannot be modified or terminated early without the prior written consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends beyond the date that is 37.5 years from the Agreement effective date. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LRIP Grant solely to reimburse itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable activities: (i) preliminary, final construction and engineering and administration (ii) constructing or reconstructing city streets, county highways, or town roads with statewide or regional significance that have not been fully funded through other state, federal, or local funding sources; or (iii) capital improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage. The Public Entity shall not use the LRIP Grant for any other purpose, including but not limited to, any work to be done on a state trunk highway or within a trunk highway easement. Agenda Page 25 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 14 Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city street and for other uses customarily associated therewith, such as trails and utility corridors, and for no other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually determine that the Real Property is being used for the purposes specified in this Section and, upon written request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect. Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow another entity to use or operate the Real Property without the written consent of both MnDOT and the Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real Property, or any lease or contract that would allow another entity to use or operate the Real Property, must comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order regarding such sale or lease. Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and warrants to MnDOT that: A.It has legal authority to execute, deliver and perform the Agreement and all documents referred to therein, and it has taken all actions necessary to its execution and delivery of such documents. B.It has the ability and a plan to fund the operation of the Real Property for the purposes specified in Section 2.04, and will include in its annual budget all funds necessary for the operation of the Real Property for such purposes. C.The Agreement and all other documents referred to therein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. D.It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes described in this Agreement. E.All of the information it has submitted or will submit to MnDOT or the Commissioner relating to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct. F.It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into the Agreement or any document referred to herein, or to perform any of the acts required of it in such documents. G.Neither the execution and delivery of the Agreement or any document referred to herein nor compliance with any of the provisions or requirements of any of such documents is prevented by, is a breach of, or will result in a breach of, any provision of any agreement or document to which it is now a party or by which it is bound. Agenda Page 26 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 15 H.The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. I.The Project will be completed and the Real Property will be operated in full compliance with all applicable laws, rules, ordinances, and regulations of any federal, state, or local political subdivision having jurisdiction over the Project and the Real Property. J.All applicable licenses, permits and bonds required for the performance and completion of the Project and for the operation of the Real Property as specified in Section 2.04 have been, or will be, obtained. K.It reasonably expects to possess its ownership interest in the Real Property described in Section 2.02 for at least 37.5 years, and it does not expect to sell such ownership interest. L.It does not expect to lease out or enter into any contract that would allow another entity to use or operate the Real Property. M.It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully pay for the Project. N.The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date and all such items will be situated entirely on the Real Property. O.It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. P.It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either MnDOT or the Commissioner. Q. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant is and will be true and correct. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure to cure such event during such 30-day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default; however, in no event shall the time period to cure any Event of Default exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner. A.If any representation, covenant, or warranty made by the Public Entity herein or in any other document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. Agenda Page 27 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 16 B.If the Public Entity fails to fully comply with any provision, covenant, or warranty contained herein. C.If the Public Entity fails to fully comply with any provision, covenant or warranty contained in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all rules related thereto. D.If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in Section 2.03, the Grant Application, and in accordance with the LRIP. E.If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04. F.If the Public Entity fails to complete the Project by the Completion Date. G.If the Public Entity sells or transfers any portion of its ownership interest in the Real Property without first obtaining the written consent of both MnDOT and the Commissioner. H.If the Public Entity fails to provide any additional funds needed to fully pay for the Project. I.If the Public Entity fails to supply the funds needed to operate the Real Property in the manner specified in Section 2.04. Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon either MnDOT or the Commissioner giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce any or all of the following remedies. A.MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may make such disbursements after the occurrence of an Event of Default without waiving its rights and remedies hereunder. B.If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a third party beneficiary of the Agreement, may require that the Public Entity pay the amounts that would have been paid if there had been compliance with such provisions. For other Events of Default, the Commissioner may require that the Outstanding Balance of the LRIP Grant be returned to it. C.Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may enforce any additional remedies it may have in law or equity. The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that MnDOT or the Commissioner would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor Agenda Page 28 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 17 of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be terminated under the circumstances set forth in Section 2.11. Section 2.11 Termination of Agreement and Modification of LRIP Grant. A.If the Project is not started within five (5) years after the effective date of the Agreement or the LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed and the Public Entity is still obligated to complete the Project by the Completion Date. B.The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s ownership interest in the Real Property if such ownership interest is an easement. Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed. Article III COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695 AND THE COMMISSIONER’S ORDER Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only pay for a portion of the Project. Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A.It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as “bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Code Section 148. Agenda Page 29 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 18 B.It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such funds are used for payments for the Project. C.It will, upon written request, provide the Commissioner all information required to satisfy the informational requirements set forth in the Code, including Sections 103 and 148, with respect to the G.O. Bonds. D.It will, upon the occurrence of any act or omission by the Public Entity that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner, take such actions and furnish such documents as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” within the meaning of Code Sections 141(b) and 145(a). E.It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to take, any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take, as appropriate, any such action, it shall take all lawful actions necessary to correct such actions or omissions promptly upon obtaining knowledge thereof. Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn. Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. Article IV DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section 2.11 even if the entire LRIP Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been consented to, in writing, by the Commissioner. Agenda Page 30 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 19 It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula #1: Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 5.13 that have been disbursed) Formula #2: Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention to so store materials prior to their delivery and MnDOT has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. The final Draw Requisition shall not be submitted before completion of the Project, including any correction of material defects in workmanship or materials (other than the completion of punch list items). At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii)satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities and that all requisite certificates and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount of the requested Advance to the Public Entity. Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Agenda Page 31 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 20 Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in MnDOT's notice. Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A.MnDOT shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the LRIP Grant set forth in Section 1.01. B.No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. C.No determination shall have been made by MnDOT that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to MnDOT that sufficient funds are available. D.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E.The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and agrees as follows: A.Advances are not made prior to completion of work performed on the Project. B.All Advances are processed on a reimbursement basis. C.The Public Entity must first document expenditures to obtain an Advance. D.Reimbursement requests are made on a partial payment basis or when the Project is completed. E. All payments are made following the “Delegated Contract Process or State Aid Payment Request” as requested and approved by the appropriate district state aid engineer. Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own inspections and observations regarding the completion of the Project, and shall determine to its own satisfaction that all work done or materials supplied have been properly done or supplied in accordance with all contracts that the Public Entity has entered into regarding the completion of the Project. Agenda Page 32 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 21 Article V MISCELLANEOUS Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional named insured therein. Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements of this Section. Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year. Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn. Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto, and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public Agenda Page 33 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 22 Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such books and records for a period of six years after the date that the Project is fully completed and placed into operation. Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real Property upon reasonable request by MnDOT and without interfering with the normal use of the Real Property. Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusion from coverage in any insurance policy. Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project. No employee of the Public Entity or other person engaging in the performance of the Agreement or the Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on behalf of said employees or other persons out of employment or alleged employment, including claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT, the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner, or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 5.08 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the address of the party specified below or to such different address as may in the future be specified by a party by written notice to the others: To the Public Entity: At the address indicated on the first page of the Agreement. To MnDOT at: Minnesota Department of Transportation Office of State Aid 395 John Ireland Blvd., MS 500 Saint Paul, MN 55155 Attention: Marc Briese, State Aid Programs Engineer To the Commissioner at: Minnesota Management & Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Agenda Page 34 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 23 Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any of its rights or obligations under the Agreement without the prior written consent of the other party. Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation, performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued in the State of Minnesota District Court located in St. Paul, Minnesota. Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT whatever documentation MnDOT may request to substantiate the availability and source of any matching funds. Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the total cost of the Project and all of the funds that are available for the completion of the Project. The Public Entity will supply any other information and documentation that MnDOT or the Commissioner may request to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what is being done to satisfy such conditions. Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets forth the projected schedule for the completion of the Project. Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Agenda Page 35 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 24 Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may subsequently be amended or replaced from time to time. Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project and it shall fully comply with all of the provisions contained in Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time to time. Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may be amended or replaced from time to time with respect to the Project. Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project. Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or written, between the Public Entity and MnDOT on the subject matter hereof. Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order. Section 5.25 Telecommunications Certification. If federal funds are included in Exhibit A, by signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any contract related to this agreement. Section 5.26 Title VI/Non-discrimination Assurances. Public Entity agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs- public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are included in Exhibit A, Public Entity will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. MnDOT may conduct a review of the Public Entity’s compliance with this provision. The Public Entity must cooperate with MnDOT throughout the review process by supplying all requested information and documentation to MnDOT, making Public Entity staff Agenda Page 36 MnDOT Agreement No. 1059522 SAP No. 242-112-002 City of Albertville Resolution No. 2025-13 Meeting of May 19, 2025 Page 25 and officials available for meetings as requested, and correcting any areas of non-compliance as determined by MnDOT. Section 5.27 Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. Section 5.28 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or debarred from receiving federal or state awards. Agenda Page 37 Mayor and Council Request for Action May 19, 2025 SUBJECT: PLANNING – FINAL PLAT APPROVAL FOR ALBERTVILLE PLAZA 3rd ADDITION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2025-14 approving the final plat entitled Albertville Plaza 3rd Addition on 5953 Labeaux Avenue NE. BACKGROUND: On August 16, 2024, the City of Albertville approved a three-lot commercial preliminary plat and PUD/B-2A zoning district for a subdivision entitled Albertville Plaza 3rd Addition at 5953 Labeaux Avenue NE. The Albertville Subdivision code requires the applicant to submit a final plat within 100 days of preliminary plat approval. Failure to meet this timeframe voids the preliminary plat approval. On December 2, 2024, at the Applicant’s request, the City of Albertville approved an extension until April 30, 2025. On April 21, 2025, the preliminary plat was extended again until May 30, 2025. The applicant submitted their final plat application on May 7, 2025. The Applicant is nearing completion of the development documents and working towards purchasing/developing the property. This project is dependent on shared private roads with Albertville Plaza 1st and Albertville Plaza 2nd, and coordination between all parties is generally the cause of the delays. KEY ISSUES: •The City Council approved the Albertville Plaza 3rd Addition preliminary plat and a PUD zoning district in August 2024 with specific conditions that had to be satisfied. •The Albertville Plaza 3rd Addition is an extension of the previous Albertville Plaza subdivisions and is reliant on the extension of the private street and utility systems. The extension of the private street requires cross access easements between the Albertville Plaza 1st, 2nd, and 3rd Additions. •The original Albertville Plaza PUD required the establishment of a Business Association to manage, maintain and repair the private street and other common elements within the subdivision. The Association must be in place and active with this project and must include all the Albertville Plaza additions. •The following conditions were part of preliminary plat approval: 1.City approval of the Albertville Plaza 3rd Addition B-2A/PUD zoning district over the entire development site. (DONE) Agenda Page 38 Mayor and Council Report for Action – May 19, 2025 Planning – Final Plat Albertville Plaza 3rd Addition Page 2 of 3 2. A private street easement over the lots must be prepared by the applicant that defines the location and configuration of the private street. The Street easement must allow shared access to all the lots in Albertville Plaza 1st, 2nd, and 3rd Additions. The street easement shall be recorded simultaneously with the final plat. (CONDITION OF FINAL PLAT) 3. All lots within the Albertville Plaza 1st, 2nd and 3rd Additions shall be members of a business association that jointly manages and maintains the private streets. (CONDITION OF FINAL PLAT) 4. The applicant shall provide a copy of the business association document that outlines the terms for the management and maintenance of the private street and any common owned amenities. (CONDITION OF FINAL PLAT) 5. The plat proposes a right in/right out curb cut onto County Road 19. The curb cut will require an access permit from the County and subject to County requirements. (CONDITION OF FINAL PLAT) 6. The plat grading and drainage plan shall be subject to the review and approval of the City Engineer. (CONDITION OF FINAL PLAT) 7. The utility plan shall be subject to the review and approval of the City Engineer. (CONDITION OF FINAL PLAT) 8. Potable water and fire suppression will require separate service lines and valves leading into the building. (CONDITION OF FINAL PLAT) 9. All minor utilities shall be installed and located in a joint trench. (CONDITION OF FINAL PLAT) 10. The plat shall provide utility easements over all utilities, drainage ways and stormwater ponds serving the plat, the size and location shall be subject to the review and approval of the City Engineer. (CONDITION OF FINAL PLAT) 11. The applicant shall enter into a development agreement with the City for the required site improvements and the installation of the public utilities and private street. (CONDITION OF FINAL PLAT) POLICY/PRACTICES CONSIDERATIONS: Approval of the final plat will move this project one step closer to reality. There are several issues and documents that will be finalized prior to recording of the plat. FINANCIAL CONSIDERATIONS: The plat will further promote commercial development, creation of local job opportunities, expansion of daycare options for residents, and addition to the City's tax base. Agenda Page 39 Mayor and Council Report for Action – May 19, 2025 Planning – Final Plat Albertville Plaza 3rd Addition Page 3 of 3 LEGAL CONSIDERATIONS: The plat contains several conditions of approval. The City Attorney is working through the Development Agreement as well as the other private documents to be recorded to facilitate the proposed development on the lot. Responsible Person: Jenni Faulkner, Consultant City Planner, Bolton-Menk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Final Plat Exhibit • Resolution No. 2025-14 Agenda Page 40 N 89°28'41" E 561.00S 00°37'11" W 393.97 S 89°28'50" W 562.9212.86 6.56S 89°23'04" ECh. Brg. = N 0 8 ° 0 6 ' 2 7 " E C h . = 3 8 5 . 5 1 S 00°31'10" E 393.89N 89°28'50" E 301.88N 00°36'56" E 13.01286.57199.70344.0814.57191.877.44169.00 S 01°07'12" W Deed S 00°50'26" W 394.00 DeedSOUTH LINE OF THE NORTH 35.00 ACRESNORTH LINE OF THE NE 1/4 OF SEC. 2, TWP. 120, R. 24S 00°53'57" WS 89°42'05" W Deed 1336.98LOT 1OUTLOT AOUTLOT BBLOCK 1101714196.95 196.94 EAST LINE OF THE NE 1/4 OF SEC. 2, TWP. 120, R. 24 S 89°28'50" W 26.9712.40S 89°28'50" WN 89°28'41" EN 89°41'56" E DeedL=386.61 R=1 4 7 8 . 3 2 =14°59'02"NE CORNER OF THE NE 1/4 OFSEC. 2, TWP. 120, R. 24L=201. 5 6 R = 1 4 9 2 . 3 2 =07°44 ' 1 9 " L=184.66 R=1492.32 =07°05'24"Found WrightCounty Cast IronMonument54 100 102530 30 25 1010101515 10 10101082.0272745 40 190.00122.46101020.00S 89°28'50" WDrainage & Utility EasementDrainage & Utility EasementDrainage & Utility EasementWET LANDEdge of Wet Land 774.0674.73N 00°53'57" E 393.99 NORTH LINE OF THE NW 1/4 OFSEC. 1, TWP. 120, R. 24WESTERLY RIGHT-OF-WAY LINEPER WRIGHT COUNTY HIGHWAYRIGHT OF WAY PLAT No. 30101020 54 100UTILITY EASEMENT PER DOC. No. 6096091515 1660.52 N 00°53'57" E 20 C.S.A.H. NO. 19 (LA BEAUX AVE. NE)171538 10 30774.062020 Drainage & Utility EasementOF THE NE 1/4 OF SEC. 2, TWP. 120, R. 2460DEEDN 00°36'56" E L=386.22 R = 1 4 9 2 . 3 2 =14°49'43" S 00°37'11" W 394.00S 00°50'26" W DEED S 89°28'50" WN 89°28'42" E E X C E P T I O NN 89°41'56" E E 1/4 CORNER OF SEC. 2, TWP. 120, R. 24Found Wright County Cast Iron MonumentCITY COUNCIL, CITY OF ALBERTVILLE, MINNESOTAThis plat of ALBERTVILLE PLAZA THIRD ADDITION was approved and accepted by the City Council of the City of Albertville, Minnesota, at a regular meeting thereof held this______ dayof ______________________, 20______, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By ____________________________________________, Mayor By _______________________________________, City AdministratorWRIGHT COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this ______ day of _________________________, 20_______. _________________________________________ Wright County Surveyor WRIGHT COUNTY HIGHWAY ENGINEERThis plat was reviewed and recommended for approval this _________ day of _____________________________, 20_______. ___________________________________________ Wright County EngineerWRIGHT COUNTY LAND RECORDSPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20_______ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this ______ day of __________________________, 20_______. _________________________________________ Wright County Land Records AdministratorWRIGHT COUNTY RECORDERI hereby certify that this instrument was filed in the office of the County Recorder for record on this _________ day of _________________________, 20_____, at ________o'clock _____.M. and wasduly recorded in Cabinet No. __________________________, Sleeve __________________________, as Document No. _____________________________. _______________________________________ Wright County RecorderKNOW ALL PERSONS BY THESE PRESENTS: That Beatrice I. Roden, a single person, owner of the following described property situated in the County of Wright, State of Minnesota, to wit: That part of the North 35.00 acres of the NE 1/4 of Section 2, Township 120, Range 24, Wright County, Minnesota, lying South and East of the following described line: Commencing at the Northeast corner ofsaid NE 1/4; thence on an assumed bearing of S 1° 07' 12" W, along the East line of the said NE 1/4, a distance of 169.00 feet to the actual point of beginning of the line to be described; thence S 89° 42' 05" W,a distance of 1,336.98 feet; thence S 0° 50' 26" W, a distance of 394.00 feet to the South line of the North 35.00 acres of said NE 1/4 and terminating thereat. Excepting therefrom the following described premises: That part of the North 35.00 acres of the Northeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, described as follows: Commencing at the Northeast corner of said NortheastQuarter; thence South 1 degrees 07 minutes 12 seconds West, assumed bearing, along the East line of said Northeast Quarter, a distance of 169.00 feet; thence South 89 degrees 42 minutes 05 seconds West, adistance of 562.92 feet to the actual point of beginning; thence continue South 89 degrees 42 minutes 05 seconds West, a distance of 774.06 feet; thence South 0 degrees 50 minutes 26 seconds West, a distanceof 394.00 feet to the South line of the North 35.0 acres of said Northeast Quarter; thence North 89 degrees 41 minutes 56 seconds East along the said South line, a distance of 774.06 feet; thence North 0 degrees50 minutes 26 seconds East, a distance of 394.00 feet to the point of beginning.Has caused the same to be surveyed and platted as ALBERTVILLE PLAZA THIRD ADDITION and does hereby dedicate to the public for public use the public ways and the drainage and utility easements ascreated by this plat.In witness whereof said Beatrice I. Roden, a single person, has hereunto set her hand this_________ day of __________________________, 20____. By _____________________________________________ Beatrice I. RodenSTATE OF _________________________COUNTY OF _______________________This instrument was acknowledged before me this ______ day of ___________________________, 20________, by Beatrice I. Roden, a single person. __________________________________________ ________________________________________________ (Signature) (Printed name) Notary Public,___________________________ County,____________________________ My Commission Expires___________________I, Gregory R. Prasch, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correctrepresentation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; thatall water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled onthis plat.Dated this ____________day of ____________________, 20 ______. ______________________________________ Gregory R. Prasch, Licensed Land Surveyor Minnesota License No. 24992STATE OF MINNESOTACOUNTY OF HENNEPINThe foregoing Surveyor's Certificate was acknowledged before me on this ______ day of ___________________, 20________, by Gregory R. Prasch, Licensed Land Surveyor, Minnesota License No. 24992. __________________________________________ ________________________________________________ (Signature) (Printed name) Notary Public, Hennepin County, Minnesota My Commission Expires___________________ALBERTVILLE PLAZA THIRD ADDITIONSec. 2, Twp. 120, R. 24Vicinity MapNo ScaleNW 1/4SW 1/4SE 1/4 NE 1/4SITESCALE IN FEET0100501501 INCH = 50 FEETLA BAUEX AVE. NE BEARING REFERENCE:FOR THE PURPOSES OF THIS PLAT THE EAST LINE OF THENE 1/4 OF SEC. 2, TWP. 120, R. 24 IS ASSUMED TO BEARSOUTH 00°53'57" WEST.DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET ANDMARKED BY LICENSE NUMBER 24992, UNLESS OTHERWISE NOTED.DENOTES FOUND OPEN END 1/2 INCH IRON PIPE MONUMENT,UNLESS OTHERWISE NOTED.KALLAND AVE. NE 57TH STREET NEJACKSON AVE NEC.S.A.H. No. 19 Agenda Page 41 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2025-14 RESOLUTION APPROVING FINAL PLAT ENTITLED ALBERTVILLE PLAZA 3RD ADDITION WITHIN THE CITY OF ALBERTVILLE WHEREAS, InSite Development Services LLC submitted an application for preliminary and plat approval entitled Albertville Plaza 3rd Addition which was reviewed by the Planning Commission on June 2, 2024; and WHEREAS, the preliminary plat was reviewed and approved by the City Council with conditions on August 5, 2024, including a requirement that the final plat be submitted within 100 days (by November 24, 2024); and WHEREAS, at the request of the applicant on December 2, 2024, the date to submit final plat without voiding the preliminary plat approval was extended to April 30,2025, and then again on April 21, 2025 the timeframe to submit final plat was extended to May 30, 2025; and WHEREAS, the developer submitted for final plat on May 7, 2025; and WHEREAS, City Staff has reviewed submitted plans for consistency with the preliminary plat and satisfaction of conditions and prepared a Request for Council Action. NOW, THERFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota, hereby approves the final plat entitled Albertville Plaza 3rd Addition (Exhibit A) with the following conditions: 1. A private street easement over the lots must be prepared by the applicant that defines the location and configuration of the private street. The Street easement must allow shared access to all the lots in Albertville Plaza 1st, 2nd, and 3rd Additions. The street easement shall be recorded simultaneously with the final plat. 2. All lots within the Albertville Plaza 1st, 2nd and 3rd Additions shall be members of a business association that jointly manages and maintains the private streets. 3. The applicant shall provide a copy of the business association document that outlines the terms for the management and maintenance of the private street and any common owned amenities. 4. The plat proposes a right in/right out curb cut onto County Road 19. The curb cut will require an access permit from the County and subject to County requirements. 5. The plat grading and drainage plan shall be subject to the review and approval of the City Engineer. 6. The utility plan shall be subject to the review and approval of the City Engineer. Agenda Page 42 City of Albertville Resolution No. 2025-14 Meeting of May 19, 2025 Page 2 7. Potable water and fire suppression will require separate service lines and valves leading into the building. 8. All minor utilities shall be installed and located in a joint trench. 9. The plat shall provide utility easements over all utilities, drainage ways and stormwater ponds serving the plat, the size and location shall be subject to the review and approval of the City Engineer. 10. The applicant shall enter into a development agreement with the City for the required site improvements and the installation of the public utilities and private street. Adopted by the City Council of the City of Albertville on this 19th day of May 2025. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 43 Mayor and Council Request for Action May 19, 2025 SUBJECT: PUBLIC WORKS/ENGINEERING – 2025 CENTRAL PARK PLAYGROUND IMPROVEMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Adopt Resolution No. 2025-15 accepting the Low Bid for 2025 Central Park Playground Improvements project. BACKGROUND: The proposed improvement project was advertised and on May 7, 2025, the bids for the improvements were opened. A total of four (4) bids were received with proposals ranging from $994,752.36 to $1,226,104.78, as shown on the attached Bid Tab. The project includes removing the existing playground and constructing a new playground area with sidewalks, seat walls and other landscape elements. The project also includes a park entry plaza area with seat walls, trellis, and small water features. The site work generally includes earth work, concrete walks, stormwater drainage systems, decorative walls, trellis, and other landscaping materials and elements. As part of the project, but under separate contract is the purchase and installation of the playground equipment and soft surface play area. The project was bid as a Part A, which includes the playground area, and as Part A and B, which includes the playground area and the entry plaza. The low bid for Part A and B is $994,752.36. KEY ISSUES: • Low Bid for the project is $994,752.36 and includes the playground area and entry plaza • Low Bid received by Ebert Construction • Construction would begin late June and be completed Fall of 2025 FINANCIAL CONSIDERATIONS: The total cost of the proposed playground improvements is $1,887,882, which includes $994,752.36 for site work and landscaping elements, and 893,135.36 for playground equipment and soft play pavement. Funding for the project will include bond proceeds (approx. $2M), funds from gambling contributions (approx. $308K) to be used towards play equipment, Park Dedication funds (approx. $1M) and annual debt levy. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize municipal improvements, and to accept or reject bids for municipal improvements. Submitted Through: Adam Nafstad, City Administrator-PWD Agenda Page 44 Mayor and Council Request for Action – May 19, 2025 Public Works/Engineering – 2025 Playground Improvements Award Page 2 of 2 Attached: • Resolution No. 2025-15 • Bid Abstract On file with the Clerk: Construction Plans and Specifications Agenda Page 45 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2025-15 A RESOLUTION ACCEPTING LOW BID FOR THE 2025 CENTRAL PARK PLAYGROUND IMPROVEMENT PROJECT WHEREAS, plans and specifications for playground and park-related municipal improvements have been prepared by Bolton & Menk, Inc. and such plans and specifications have been presented to the Albertville City Council for approval; and WHEREAS, pursuant to an advertisement for bids for the proposed improvements, the bids were received, opened and tabulated; and WHEREAS, it appears that Ebert Construction is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: 1. The bid of Ebert Construction, said “Low Bidder”, in the amount of $994,752.36 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid. 2. Said bid of said Low Bidder is accepted. 3. The City Administrator and City Clerk are hereby authorized and directed to enter into a contract with said “Low Bidder” for the construction of said improvements for and on behalf of the City of Albertville. Adopted by the City Council of the City of Albertville on this 19th day of May 2025. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 46 H:\ALBT\0C1133892\6_Plans‐Specs\C_Bids Received\2025‐05‐07 133892 Bid Tabulation.docx                BID TABULATION    Project Location: City of Albertville Bid Day/Date: May 7, 2025  Project Title: Central Park Playground Improvements Bid Time: 10:00 AM  Project No.: 0C1.133892    Addendum(s): No. 1 – 04/16/25     No. 2 – 04/24/25        No. 3 – 04/24/25     No. 4 – 04/29/25         BIDDERS PART A TOTAL BID PARTS A & B TOTAL BID  1.  Ebert Construction $524,023.30 $994,752.36  2.  Custom Builders $554,218.00 $1,083,889.00  3.  Sunram Construction $598,342.00 $1,212,983.00  4.  Blackstone Contractors  $644,014.76 $1,266,104.78    Agenda Page 47 Mayor and Council Request for Action May 19, 2025 SUBJECT: LEGAL – ALBERTVILLE PLAZA THIRD ADDITION DEVELOPER’S AGREEMENT AND RELATED DOCUMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the following Agreements: 1. Planned Unit Development Agreement Albertville Plaza Third Addition, Outlots A and B (Roden Development Agreement). 2. Planned Unit Development Agreement Albertville Plaza Third Addition, Lot 1, Block 1 (Insite Development Agreement). 3. Maintenance Agreement By And Between The City Of Albertville And The Owners Of Lots Within Albertville Plaza Additions For The Maintenance Of Real Property Located In The City Of Albertville, Wright County, Minnesota BACKGROUND: This is a very complicated transaction that ultimately required the cooperation of the four owners in Albertville Plaza and Albertville Plaza 2nd Addition and the two owners in Albertville Plaza 3rd Addition. Beatrice Roden is platting property south of the Goodyear tire store on CSAH 19 into three lots: Outlots A and B and Lot 1, Block 1. Albertville, MN (Lot 1), LLC is purchasing Lot 1 for eventual use as a daycare, and Beatrice Roden will retain ownership of Outlots A and B which will eventually be developed for other commercial uses. Insite Real Estate (of which Albertville, MN (Lot 1) is related to) is acting as the developer of the property for purposes of installing sanitary sewer, water, storm sewer, roads and ponding for the daycare site. Insite and Beatrice Roden have separate development agreements as the two owners have different obligations under the agreements and separating the agreements more clearly defines what obligations the Beatrice Roden has and what obligations Insite has. The streets in this development will remain private in the same manner as the streets in Albertville Plaza and Albertville Plaza 2nd Addition developments (Culvers, KB Toys, Goodyear, etc.) are currently private streets. All eight of the lots in the three Albertville Plaza plats will join in a property owners’ association that will maintain the streets and storm sewers. The attached maintenance agreement requires the City to plow snow from the streets in all three Albertville Plaza plats, maintain the ponds and storm sewer on the Albertville Plaza and Albertville Plaza 2nd Addition plats, and bill the costs of such snowplowing and maintenance back to the eight property owners. The owners of the lots on Albertville Plaza 3rd Addition will maintain their own ponds and storm sewer. The City Attorney has spoken with Beatrice Roden’s daughter, who indicated that Beatrice understands what her obligations will be as the owner of Outlots A and B. Those lots will be listed for sale, and it is anticipated that Beatrice Roden will sell these lots for future commercial development. Agenda Page 48 Mayor and Council Request for Action – May 19, 2025 Legal – Albertville Plaza Third Addition Developer’s Agreement Page 2 of 3 KEY ISSUES: • Insite is installing all utilities and roads and will be providing a letter of credit to secure the installation of these improvements. • Beatrice Roden’s home will remain on the property until the lot is developed for commercial purposes. • Outlots A and B will eventually be replatted as numbered lots and blocks by the eventual purchasers of these lots. • The City will continue to plow the snow for the private streets and bill the costs back to the property owners. • The property owners will be responsible for all other street maintenance and all property owners will be members of a property owner’s association for purposes of street maintenance. • The City will maintain the two existing storm water ponds and bill the costs back to the property owners. • The City will maintain all municipal water and sanitary sewer lines at City expense, as it has been doing in the existing developments since they were platted. • The City can terminate the maintenance agreement with one year’s notice to the property owners. POLICY/PRACTICES CONSIDERATIONS: The Albertville Plaza 3rd Addition properties are integrating into the road maintenance agreement of the existing Albertville Plaza properties, which is otherwise similar in function to how the existing Albertville Plaza properties operate. The effect of the development on the City is mainly to extend the City’s snowplowing operations to another leg of the private road system and expand the City’s sewer and water utilities to the Roden property. FINANCIAL CONSIDERATIONS: Because the roads are privately owned, the City will only be maintaining these roads via contract and will bill those costs back to the property owners. The City will also bill back the cost of the pond and storm sewer maintenance on the existing Albertville Plaza developments. On the whole, the City will be incurring less costs than it would if the streets were dedicated to the public. The City will be receiving park dedication and trunk charges upon the platting of Lot 1, Block 1. Outlots A and B will not pay these charges until the lots are replatted into numbered lots and blocks. LEGAL CONSIDERATIONS: Other than the private roads, the development agreements are modeled after the City’s standard development agreements. The road maintenance agreement is patterned after the original road maintenance agreement that was approved in 2002, except that this agreement has a one-year termination clause. Department/Responsible Person: Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Agenda Page 49 Mayor and Council Request for Action – May 19, 2025 Legal – Albertville Plaza Third Addition Developer’s Agreement Page 3 of 3 Attachments: 1. Planned Unit Development Agreement Albertville Plaza Third Addition, Outlots A and B (Roden Development Agreement). 2. Planned Unit Development Agreement Albertville Plaza Third Addition, Lot 1, Block 1 (Insite Development Agreement). 3. Maintenance Agreement By And Between the City of Albertville and the Owners of Lots within Albertville Plaza Additions for the Maintenance of Real Property Located in the City of Albertville, Wright County, Minnesota Agenda Page 50 1 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT ALBERTVILLE PLAZA THIRD ADDITION – OUTLOTS A AND B THIS PLANNED UNIT DEVELOPMENT AGREEMENT (the “Agreement”), entered into this ___ day of __________ 2025 by and between Beatrice I. Roden, a single person, referred to herein as “Developer”, and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as “City”; WITNESSETH: WHEREAS, ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company, referred to herein as “InSite”, is the fee owner of the real property known as Lot 1, Block 1 of the Albertville Plaza Third Addition according to the plat of record as filed in the Office of the Wright County Recorder, Wright County, Minnesota, referred to herein as the “Insite Property”; WHEREAS, Developer is the owner of the real property known as Outlot A and Outlot B of Albertville Plaza Third Addition according to the plat of record as filed in the Office of the Wright County Recorder, Wright County, Minnesota (the “Developer’s Property”). WHEREAS, the real property known as Lot 1, Block 1, Outlot A, and Outlot B, Albertville Plaza Third Addition according to the plat of record as filed in the Office of the Wright County Recorder, Wright County, Minnesota shall hereafter collectively be referred to as “Said Plat”. Said Plat is attached hereto as Exhibit A; and WHEREAS, Developer and InSite have requested, and the City has given approval to, the following requests pursuant to the City’s Zoning and Subdivision Ordinances: A. The establishment of a three-lot subdivision consisting of three separate lots within Said Plat known as: (i) Lot 1, Block 1, (ii) Outlot A, and (iii) Outlot B, Albertville Plaza Third Addition; and Agenda Page 51 2 B. Planned Unit Development Zoning as set out in this Agreement and in City Ordinance; WHEREAS, the City’s approval of Developer’s requests is contingent upon Developer entering into this Planned Unit Development Agreement (hereafter, “Agreement”); and WHEREAS, as part of this Agreement, Developer affirms that Developer currently has no current plans nor is it seeking approval to plat or develop Outlot A or Outlot B of Said Plat into numbered lots and blocks. Should Developer wish to develop Outlot A and Outlot B of Albertville Plaza Third Addition at any future date, Developer shall be required to replat said properties as numbered lots and blocks and enter into a developer’s agreement for the development of such lots. Developer shall be solely responsible for the construction of all Municipal and Private Improvements as outlined in any future agreement, in accordance with the requirements of the City at the time of development. The obligation to construct such improvements shall be triggered upon the replatting of Outlot A and Outlot B, with all associated costs and installation to be incurred by Developer at that time; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party’s promises and considerations herein set forth, as follows: 1. Zoning/Subdivision Approvals. The following zoning-related items are hereby approved, subject to the following conditions: A. The proposed subdivision will create the following: (i) Lot 1, Block 1; (ii) Outlot A; and (iii) Outlot B, each as shown on the Final Plat of Albertville Plaza Third Addition attached as Exhibit A. B. Developer’s Property is zoned Albertville Plaza Third Addition B-2A/PUD, which shall allow all uses set forth in such Zoning District as it may be amended from time to time by the City of Albertville. C. The streets shown on the Site Plan attached as Exhibit B that run west from County Highway No. 19 and north to the northern border of Said Plat shall be private streets and shall not be maintained by the City unless the City, Developer, and all other lot owners obligated to maintain the street enter into a contract to have the City maintain such private streets for compensation. Agenda Page 52 3 D. A private street easement over the areas shown as private streets on the Site Plan attached as Exhibit B must be established that defines the location and configuration of the private streets and provides access to all such private streets by (i) Lot 1, Block 1, (ii) Outlot A, and (iii) Outlot B, of Said Plat. Said Easement is attached hereto as Exhibit C. In addition, Developer shall enter into permanent reciprocal easement agreement(s) with the lot owners of each lot in the Albertville Plaza and Albertville Plaza Second Addition plats (both plats being recorded at the Wright County, Minnesota Recorder’s Office) providing for all lots in Albertville Plaza, Albertville Plaza Second Addition, and Albertville Plaza Third Addition to have a non-exclusive perpetual right and easement to access all roads labeled and depicted on the Site Plan attached as Exhibit B. All such easements shall meet the approval of the City Attorney. Said easements shall be recorded at the Wright County Recorder’s Office immediately after the final plat of Developer’s Property. E. Upon 1) completion of the construction of the roads to be installed by Insite on Said Plat, and 2) resurfacing of the private streets located in the plats of Albertville Plaza and Albertville Plaza First Addition as recorded in the office of the Wright County Recorder, Wright County, Minnesota, Developer shall enter into that certain agreement entitled “Bylaws of Albertville Plaza Association” that will make Developer a member of the Albertville Plaza Association, said agreement attached hereto as Exhibit D, and which agreement provides for the maintenance and repair of all roads within the plats of Albertville Plaza, Albertville Plaza Second Addition and Said Plat unless such maintenance is provided for in another agreement or agreements acceptable to the City Attorney. In the event the Albertville Plaza Association fails to maintain the roads in Said Plat, all lots within Albertville Plaza Third Addition, including Developer’s Property, shall be responsible for maintaining said roads at the expense of the owners of the lots in Said Plat. F. Developer agrees that except for temporary and reasonable activities required in connection with any construction, maintenance, repair, and replacement, no obstruction which would prevent, restrict, or otherwise inhibit, the passage of pedestrians or vehicles over any portion of the private streets on the Site Plan attached as Exhibit B shall be erected, condoned, or permitted by the owner of any property benefited with the private streets, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which in any manner restrict the rights of the respective owners of any of the lots on Said Plat, their tenants, invitees and licensees to fully utilize the shared private streets for the purposes Agenda Page 53 4 permitted herein. However, in no event shall Developer allow any construction- related traffic that will cause damage to the private streets located on the plats of Albertville Plaza, Albertville Plaza Second Addition, or Albertville Plaza Third Addition (collectively, the “Albertville Plaza Properties”) to utilize the private streets, nor shall Developer allow traffic to use said private streets if such vehicles have a weight rating which exceeds the weight rating for which said private streets were designed and constructed. G. The uses of Developer’s Property shall comply with the terms and conditions of this Agreement and the City’s ordinances and applicable state law at all times. H. Pursuant to that Agreement between (“InSite”) and the City entitled City of Albertville Planned Unit Development Agreement Albertville Plaza Third Addition—Lot 1, Block 1 (“Insite Agreement”) , InSite is required to construct utilities on Said Plat including municipal water, storm sewer and sanitary sewer distribution and collection mains, all as shown on the Utility Plan attached as Exhibit E. Developer grants InSite permission to enter upon Developer’s Property as may be reasonably necessary to install such utilities on Developer’s Property as shown on the attached Exhibit E in accordance with the requirements of the InSite Agreement. Developer shall maintain in good working condition that portion of said storm sewer that is located on Developer’s Property. I. If required by the City upon future development of Developer’s Property, Developer shall construct and maintain a storm sewer collection system and a stormwater pond sufficient to comply with Federal, State and City of Albertville storm water runoff and water quality treatment standards. J. InSite may construct a multi-tenant pylon sign on Outlot B in the location shown on the Site Plan attached hereto as Exhibit B. Such sign shall be a maximum of 33’ in height, with three separate double- sided sign panels to be used for business identification purposes by Lot 1, Block 1, Outlot A, and Outlot B only, with a total of 250 square feet per sign face. Prior to construction of said pylon sign, Developer shall provide an easement to InSite for such sign thereby permitting InSite to erect such sign, and providing for the maintenance of such sign by the owners of Lot 1, Block 1, Outlot A, and Outlot B. K. Developer currently maintains a home on Outlot A of Said Plat that is connected to a well and septic system. Developer shall not be required to connect such home to the City’s municipal water system so long as the well remains in good working order and shall not be required to connect the home to the City’s sanitary Agenda Page 54 5 sewer system so long as Developer’s septic system remains in good working order. 2. Use of Property. Developer’s Property shall not be buildable until it is replatted into a numbered lot and block. 3. Future Development Related Fees and Credits. A. Sanitary Sewer Trunk Line Fee. Developer acknowledges that upon the replatting of either Outlot A or Outlot B into a numbered lot and block, Developer shall pay a Sanitary Sewer Trunk Line Fee that will be due on said numbered lots for all acres included in any numbered lot that is replatted. This per-acre charge is subject to change in accordance with modifications to the City Ordinance. The Sanitary Sewer Trunk Line Fee will be calculated based on the rates in effect at the time the Developer's Property, or any portion thereof, is replatted. B. SAC and WAC Charges. A Sewer Access Charge ("SAC") and Water Access Charge ("WAC")will be due upon application for a building permit. These charges will be based on the rates in effect at the time each building permit is submitted. C. Storm Water Utility Connection Charge. Developer acknowledges that the City’s Storm Water Utility Connection Charge Ordinance currently requires payment of a fee per acre for all lots upon which a building permit is applied for. The Storm Water Utility Connection Charge for Developer's Property will be determined based on the rates in effect at the time such building permits are applied for. 4. Temporary Easement Rights. Developer shall provide access to Developer’s Property at all reasonable times to the City or InSite for purposes of inspection or to accomplish any necessary work pursuant to this Agreement and pursuant to the Planned Unit Development Agreement Albertville Plaza Third Addition – Lot 1, Block 1. 5. Miscellaneous. Agenda Page 55 6 A. Developer agrees that all future costs and fees associated with the replatting of Developer’s Property and any future development shall be done at Developer’s expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Agreement. 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 Agreement shall not be a waiver or release. E. This Agreement shall run with the land and shall be recorded against the title to Developer’s Property. F. Developer represents to the City that Developer’s Property 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 Developer’s Property does not comply, the City may, at its option, refuse to allow construction or development work upon Developer’s Property until Developer so complies. Upon the City's demand, Developer shall cease all development work being performed by Developer on Said Plat, unless the City provides express written permission otherwise, until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on any portion of Developer’s Property, Developer shall provide the City with evidence of good and marketable title to all such portion(s) of Developer’s Property, provided that Developer shall provide an executed mortgage subordination agreement from all mortgage holders subordinating such mortgages to the terms of this Agreement. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. Agenda Page 56 7 H. Developer shall ensure any and all future compliance with all water management, ponding, and wetland-related restrictions, if applicable, as required by the Wright County Soil and Water Conservation District, the City, and any relevant State or Federal laws, regulations, or ordinances. This obligation applies to all future developments and shall be adhered to in accordance with the requirements in place at the time of development. I. Developer shall obtain all required driveway, utility and other permits applicable to Developer’s Property as required by either the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the Private Improvements. 6. Violation of Agreement. A. In the case of default by Developer, their successors or assigns, of any of the covenants and agreements herein contained that are to be performed by Developer under the terms and conditions of this Agreement, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail or national overnight courier service which provides written confirmation of delivery with a courtesy copy sent via email), 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 (1) a United States Post Office or mail receptacle; or (2) deposit with a national overnight courier service. Upon failure to cure by the defaulting Developer, the City may thence immediately and without notice or consent complete some or all of Developer’s obligations under this Agreement and bring legal action against Developer to collect any sums incurred by the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this Agreement. The City may also specially assess all said costs incurred upon default against the portion of Developer’s Property owned by such defaulting Developer pursuant to the terms of this Agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 6.A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good- faith, reasonable efforts to notify Developer as soon as is practicable of the default, the Agenda Page 57 8 projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Breach of any of the terms of this Agreement by Developer shall be grounds for denial of building permits to Developer’s Property. 7. Dedications to the City. A. Park Dedication. Park Dedication fees for Developer’s Property will be due upon the platting of Outlot A and Outlot B into a numbered lot and block. The fee amount will be calculated based on the park dedication fee rate in effect at the time Developer’s Property is replatted into a numbered lot and block. 8. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties claiming by or through Developer for damages sustained or costs incurred resulting from the future platting or development of Developer’s Property. Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims that Developer is responsible to indemnify above, including attorney's fees. Third parties shall have no recourse against the City under this Agreement. 9. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 10. Professional Fees. Developer, as to itself, will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement against Developer. 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 against Developer. Agenda Page 58 9 11 . Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by the plans applicable to Developer’s Property and responsible for implementation of said plans as herein incorporated. 12. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 13. Notification Information. Any notice, request, demand, approval or consent given or required to be given to the parties herein under this Agreement shall be in writing, delivered by hand or certified mail or by national overnight courier service which provides written confirmation of delivery, and will be deemed to have been given three (3) days after the date upon which the notice is deposited for mailing in a United States Post Office or mail receptacle with proper postage affixed in the case of certified mail, and one (1) business day after the date upon which the notice is deposited with a national overnight courier service with all fees and charges prepaid, and mailed to the City Clerk for the City or Developer at the addresses set forth below, or at the last changed address given by the City for Developer: If to the City: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 If to Developer: Beatrice I. Roden 5953 Labeaux Avenue NE Albertville, MN 55301 Agenda Page 59 10 Telephone: (763) 497-2937 Email: rodenbea@gmail.com Developer, or subsequent owner of Outlot A and/or Outlot B, may, at any time, change its notice address and/or add additional parties for purposes of delivery of notices by mailing, as provided above, at least ten (10) days before the effective date of such change, a notice stating the change and setting forth the new address. If any such notice requires any action or response by the recipient or involves any consent or approval solicited from the recipient, such fact will be clearly stated in such notice. Each successor in interest to an owner, shall within ten (10) days of acquiring fee simple title to any portion of Developer’s Property, file with the other owners any change in owner’s notice address for purposes of receiving notice in accordance with this Paragraph 13. The email addresses included are for information purposes only, and may not be used to satisfy the notification requirements in this Agreement. 14. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE By: ____________________________ Its Mayor By: ____________________________ Its Clerk Agenda Page 60 11 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ______ day of __________________, 2025, by Jillian Hendrickson 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 __________________, 2025, by Kris Luedke, 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 Agenda Page 61 12 BEATRICE IRENE RODEN ______________________________ Beatrice Irene Roden STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ______ day of __________________, 2025, by Beatrice Irene Roden. ______________________________ Notary Public DRAFTED BY: Couri & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 Agenda Page 62 13 EXHIBIT A Final Plat EXHIBIT B Site Plan EXHIBIT C Private Street Easements EXHIBIT D “[APA]” Agreement EXHIBIT E Utility Plan Agenda Page 63 N 89°28'41" E 561.00S 00°37'11" W 393.97S 89°28'50" W 562.9212.866.56S 89°23'04" ECh. Brg. = N 08°06'27" E Ch. = 385.51S 00°31'10" E 393.89N 89°28'50" E 301.88N 00°36'56" E13.01286.57199.70344.0814.57191.877.44169.00S 01°07'12" W DeedS 00°50'26" W 394.00 DeedSOUTH LINE OF THE NORTH 35.00 ACRESNORTH LINE OF THE NE 1/4 OF SEC. 2, TWP. 120, R. 24S 00°53'57" WS 89°42'05" W Deed 1336.98LOT 1OUTLOT AOUTLOT BBLOCK 1101714196.95196.94EAST LINE OF THE NE 1/4 OF SEC. 2, TWP. 120, R. 24S 89°28'50" W 26.9712.40S 89°28'50" WN 89°28'41" EN 89°41'56" E DeedL=386.61 R=1478.32 =14°59'02"NE CORNER OF THE NE 1/4 OFSEC. 2, TWP. 120, R. 24L=201.56 R=1492.32 =07°44'19"L=184.66 R=1492.32 =07°05'24"Found WrightCounty Cast IronMonument54100102530302510101015151010101082.027274540190.00122.46101020.00S 89°28'50" WDrainage & Utility EasementDrainage & Utility EasementDrainage & Utility EasementWET LANDEdge of Wet Land774.0674.73N 00°53'57" E 393.99NORTH LINE OF THE NW 1/4 OFSEC. 1, TWP. 120, R. 24WESTERLY RIGHT-OF-WAY LINEPER WRIGHT COUNTY HIGHWAYRIGHT OF WAY PLAT No. 3010102054100UTILITY EASEMENT PER DOC. No. 60960915151660.52N 00°53'57" E20C.S.A.H. NO. 19(LA BEAUX AVE. NE)1715381030774.062020Drainage & Utility EasementOF THE NE 1/4 OF SEC. 2, TWP. 120, R. 2460DEEDN 00°36'56" EL=386.22 R=1492.32 =14°49'43"S 00°37'11" W 394.00S 00°50'26" W DEEDS 89°28'50" WN 89°28'42" E E X C E P T I O NN 89°41'56" E E 1/4 CORNER OF SEC. 2, TWP. 120, R. 24Found Wright County Cast Iron MonumentCITY COUNCIL, CITY OF ALBERTVILLE, MINNESOTAThis plat of ALBERTVILLE PLAZA THIRD ADDITION was approved and accepted by the City Council of the City of Albertville, Minnesota, at a regular meeting thereof held this______ dayof ______________________, 20______, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By ____________________________________________, Mayor By _______________________________________, City AdministratorWRIGHT COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this ______ day of _________________________, 20_______. _________________________________________ Wright County Surveyor WRIGHT COUNTY HIGHWAY ENGINEERThis plat was reviewed and recommended for approval this _________ day of _____________________________, 20_______. ___________________________________________ Wright County EngineerWRIGHT COUNTY LAND RECORDSPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20_______ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this ______ day of __________________________, 20_______. _________________________________________ Wright County Land Records AdministratorWRIGHT COUNTY RECORDERI hereby certify that this instrument was filed in the office of the County Recorder for record on this _________ day of _________________________, 20_____, at ________o'clock _____.M. and wasduly recorded in Cabinet No. __________________________, Sleeve __________________________, as Document No. _____________________________. _______________________________________ Wright County RecorderKNOW ALL PERSONS BY THESE PRESENTS: That Beatrice I. Roden, a single person, owner of the following described property situated in the County of Wright, State of Minnesota, to wit: That part of the North 35.00 acres of the NE 1/4 of Section 2, Township 120, Range 24, Wright County, Minnesota, lying South and East of the following described line: Commencing at the Northeast corner ofsaid NE 1/4; thence on an assumed bearing of S 1° 07' 12" W, along the East line of the said NE 1/4, a distance of 169.00 feet to the actual point of beginning of the line to be described; thence S 89° 42' 05" W,a distance of 1,336.98 feet; thence S 0° 50' 26" W, a distance of 394.00 feet to the South line of the North 35.00 acres of said NE 1/4 and terminating thereat. Excepting therefrom the following described premises: That part of the North 35.00 acres of the Northeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, described as follows: Commencing at the Northeast corner of said NortheastQuarter; thence South 1 degrees 07 minutes 12 seconds West, assumed bearing, along the East line of said Northeast Quarter, a distance of 169.00 feet; thence South 89 degrees 42 minutes 05 seconds West, adistance of 562.92 feet to the actual point of beginning; thence continue South 89 degrees 42 minutes 05 seconds West, a distance of 774.06 feet; thence South 0 degrees 50 minutes 26 seconds West, a distanceof 394.00 feet to the South line of the North 35.0 acres of said Northeast Quarter; thence North 89 degrees 41 minutes 56 seconds East along the said South line, a distance of 774.06 feet; thence North 0 degrees50 minutes 26 seconds East, a distance of 394.00 feet to the point of beginning.Has caused the same to be surveyed and platted as ALBERTVILLE PLAZA THIRD ADDITION and does hereby dedicate to the public for public use the public ways and the drainage and utility easements ascreated by this plat.In witness whereof said Beatrice I. Roden, a single person, has hereunto set her hand this_________ day of __________________________, 20____. By _____________________________________________ Beatrice I. RodenSTATE OF _________________________COUNTY OF _______________________This instrument was acknowledged before me this ______ day of ___________________________, 20________, by Beatrice I. Roden, a single person. __________________________________________ ________________________________________________ (Signature) (Printed name) Notary Public,___________________________ County,____________________________ My Commission Expires___________________I, Gregory R. Prasch, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correctrepresentation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; thatall water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled onthis plat.Dated this ____________day of ____________________, 20 ______. ______________________________________ Gregory R. Prasch, Licensed Land Surveyor Minnesota License No. 24992STATE OF MINNESOTACOUNTY OF HENNEPINThe foregoing Surveyor's Certificate was acknowledged before me on this ______ day of ___________________, 20________, by Gregory R. Prasch, Licensed Land Surveyor, Minnesota License No. 24992. __________________________________________ ________________________________________________ (Signature) (Printed name) Notary Public, Hennepin County, Minnesota My Commission Expires___________________ALBERTVILLE PLAZA THIRD ADDITIONSec. 2, Twp. 120, R. 24Vicinity MapNo ScaleNW 1/4SW 1/4SE 1/4NE 1/4SITESCALE IN FEET0100501501 INCH = 50 FEETLA BAUEX AVE. NEBEARING REFERENCE:FOR THE PURPOSES OF THIS PLAT THE EAST LINE OF THENE 1/4 OF SEC. 2, TWP. 120, R. 24 IS ASSUMED TO BEARSOUTH 00°53'57" WEST.DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET ANDMARKED BY LICENSE NUMBER 24992, UNLESS OTHERWISE NOTED.DENOTES FOUND OPEN END 1/2 INCH IRON PIPE MONUMENT,UNLESS OTHERWISE NOTED.KALLAND AVE. NE57TH STREET NEJACKSON AVE NEC.S.A.H. No. 19EXHIBIT A Agenda Page 64 PROPOSED BUILDING 10,108 SQ. FT. FFE = 963.00 15 14 PROPOSED PROPERTY LINE (TYP)XXXXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXSTORMWATER DETENTION BASIN NWL = 954.42' WQVL= 955.25' 100 YR HWL = 957.89' ST-4 ST-3 S-3 CO-1 ST-2 S-2 MB GM ACW EMX XXX XXXX XXXX X XXXXX XXXXT C EX C T C UTILITY EASEMENT PER DOC. NO. 60960920 LA BEAUX AVENUE NE (CSAH 19)EXISTING BUILDING EXISTING BUILDING SHED 60TH STREET NE ' BUILDING SETBACK10 ' BUILDING SETBACK10 ' BUILDING SETBACK35' PARKING SETBACK5 ' PARKING SETBACK5 ' PARKING SETBACK20' BUILDING SETBACK35PROPERTY LINEPROPERTY LINE' PARKING SETBACK20WETWETWETWE T WETWETWETWET30'20'12'20'24'30' 12' FES-2 FES-1A 30'7.43'13' 8'24'30' COTG R10'9'70'R 1 0 ' 3' ST-5 ST-3A 24'6'8'8'8'9'R3'R3' R 3 'R3'R 3 ' R 1 0 ' R3'R3'R 3 ' 20' 6' 6' 6'30'6'60'10'31013-C3-SITE DATE DESCRIPTION BY PROJECT TITLE SHEET REVISION SCHEDULE PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\31000 PROJ\31000-31099\31013 CHILDCARE FACILITY ALBERTVILLE-ALBERTVILLE MN\31013 PRODUCTION FILES\31013 CIVIL 3D\PRODUCTION DWGS\31013-C3-SITE.DWG SAVED BY: ALEX.AMADEOSHEET NOT VALID UNLESS THIS TEXT IS COLOR. - 24-31013 05/14/2024 C3-10 SITE PLAN C3-10 SITE PLAN ---- ---- C3-10 MNALBERTVILLE 0 SCALE IN FEET 30 60 CHILDCARE FACILITY ALBERTVILLE PLAZA THIRD ADDITION PLOT DATE: 3/28/2025 10:28 AM09/13/24 SITE PLAN SUBMITTAL #1 ARA INSITE DEVELOPMENT SERVICES, L.L.C. LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PLOT DATE: 3/28/2025 10:28 AM11/21/24 BULLETIN 01 (CITY SUBMITTAL #2) ARA RYAN ANDERSON 09/13/2024 55938 11/21/24 BULLETIN 03 (CITY SUBMITTAL #3) ARA 02/10/24 BULLETIN 04 (CITY SUBMITTAL #4) ARA PAVEMENT LEGEND SYMBOL DESCRIPTION BITUMINOUS PAVEMENT CONCRETE PAVEMENT CONCRETE WALK AGGREGATE SURFACING TRASH ENCLOSURE (SEE ARCH. PLANS) GRAVEL ACCESS GATE (TYP) B618 (8") CONCRETE CURB AND GUTTER (TYP) CONCRETE TURNDOWN WALK (TYP) PLAYGROUND (SEE ARCH. PLANS) 7450 SQ. FT. TRAFFIC DIRECTION ARROW (TYP) HEAVY DUTY BITUMINOUS PAVEMENT OUTLOT B ZONING: B-2A PUD OUTLOT A ZONING: B-2A PUD LOT 1 ZONING: B-2A PUD 30' MULTI-TENANT PYLON SIGN (UNDER SEPARATE PERMIT) 6' HIGH FENCE (TYP) (SEE ARCH. PLANS) ACCESSIBLE PARKING SYMBOL (TYP) NO PARKING STRIPING ACCESSIBLE PARKING STALL SIGN (TYP) ACCESSIBLE AISLE NO PARKING SIGN (TYP) STOP BAR AND STOP SIGN (R1-1 STOP SIGN, PLACED WITH SQUARE TUBING AND DG3 REFLECTIVE SHEETING) BUILDING TO REMAIN BUILDING TO REMAIN PLAYGROUND AREA BITUMINOUS TRAIL BITUMINOUS RIGHT TURN LANE (CARRY 1% CROSS SLOPE TO GUTTER) (SEE DETAIL FOR PAVEMENT CROSS SECTION) PAINT TRAFFIC ARROWS - WHITE LATEX PAINT 6" WIDE SOLID STRIP - WHITE LAYTEX TRANSFORMER PAD (REFER TO ELECTRICAL) PAINT PARKING CROSSWALK STRIPING - WHITE LATEX PROPOSED BUILDING 4' WIDE CONCRETE VALLEY GUTTER TO CARRY STORMWATER DRAINAGE ACROSS INTERSECTION (SEE C4-10 GRADNIG PLAN) REVERSE PITCH CURB AND GUTTER (TYP) (SEE DETAIL) ONE-WAY ONLY SIGN (R6-2 ONE WAY SIGN, PLACED WITH SQUARE TUBING AND DG3 REFLECTIVE SHEETING) RIGHT LANE MUST TURN RIGHT SIGN (R3-7R ONE WAY SIGN, PLACED WITH SQUARE TUBING AND DG3 REFLECTIVE SHEETING) DRAINAGE & UTILITY EASEMENT DRAINAGE & UTILITY EASEMENT DRAINAGE & UTILITY EASEMENT DRAINAGE & UTILITY EASEMENT EXHIBIT B Agenda Page 65 PROPOSED BUILDING 10,108 SQ. FT. FFE = 963.00 15 14 PROPOSED PROPERTY LINE (TYP)XXXXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXSTORMWATER DETENTION BASIN NWL = 954.42' WQVL= 955.25' 100 YR HWL = 957.89' MB EX Serv GM ACW EMX XXX XXXX XXXX X XXXXX XXXXUEOE OE OE OE OE OEFBO FBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLT C EX C T C >>>>>>>>>>>>>> >>>>>>>II>>IUTILITY EASEMENT PER DOC. NO. 60960920EX 15''EX 6''EX 6''EX 12'' EX 12''IIIIEX STM CB R=965.92 I=961.72 I=961.76 EX STM CB R=966.02 I=961.94 >>>>EX 12''EX STM CB R=964.89 I=961.36 EX Sanitary Manhole R=953.36 I=934.77 EX SAN MH R=959.91 I=933.91 LA BEAUX AVENUE NE (CSAH 19)>>I=952.94 EX STM CB R=959.98 I=955.45 I=955.03 EX STM CB R=960.01 I=955.52 EXISTING BUILDING SHED 60TH STREET NE ' BUILDING SETBACK10 ' BUILDING SETBACK10 ' BUILDING SETBACK35' PARKING SETBACK5 ' PARKING SETBACK5 ' PARKING SETBACK20' BUILDING SETBACK35PROPERTY LINEPROPERTY LINE' PARKING SETBACK20WETWETWETWE T WETWETWETWET>>>>>>>>>IIIIIIIIIIIIIIIIII>>>>>>>>>>>>>>>>>>>>>>>>GGG G G G G G G G G G G G G G G G UTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT >>>>>>>>>>>>>>>>>>UEUEUEUE UE UE UE UE UE UE UE UE UE UEUEUE>>P-3 (18") P-2 (30") SP-3B1 12'x4" @ 2.00% SP-2 84'x8" @ 2.00% SP-3B 4'x8" @ 2.00% SP-3C1 34'x6" @ 2.00% P-4 (15") STM SERV. TO OUTLOT A (12") P-1 (15") SP-3B2 56'x4" @ 2.00% LOT B STORM STUB (15") SP-3A 138'x8" @ 2.00% SP-3A1 35'x6" @ 2.00% SP-3C 88'x8" @ 2.00% SP-1 24'x8" @ 2.00% P-5A (8") P-3A (24") P-5 (18")P-1AP-1AP-1AP-1AST-3 R=961.24 I=956.95 (15'') P-4 I=956.95 (8'') P-5A I=956.95 (18'') P-3 ST-2 R=960.21 I=955.66 (24'') P-3A I=955.66 (30'') P-2 FES-2 I=955.30 ST-4 R=961.24 I=957.02 (12'') STM SERV. TO OUTLOT A I=957.02 (15'') P-4 S-2 R=958.38 I=947.40 (8'') SP-3A I=947.40 (8'') SP-2 EX-SAN MH R=953.69 I=945.25 (8'') SP-1 CO-1 R=962.00 I=952.28 (4'') SP-3B2 I=952.28 (4'') SP-3B1 S-3 R=961.03 I=953.00 (6'') SP-3C1 I=952.00 (8'') SP-3C FES-1A I=954.26 COTG 8"X8" WYE ST-3A R=961.73 I=956.14 (18'') P-5 I=956.14 (18'') P-3 I=956.14 (24'') P-3A ST-5 R=959.98 I=956.71 (18'') P-5 S-1 R=955.80 I=945.72 (8'') SP-2 I=945.72 (8'') SP-1 6' X 8" WYE 4' X 8" WYE ST-1 R=958.01 I=952.50 (15'') P-1A I=954.42 (15'') P-1 FES-1 I=952.50 FES-LOT 2 I=957.65 P-6G (8") P-6B (8") P-6D (8") P-5E (8") P-5C (8") 8"X8" WYE STORM DRAIN APRON SCHEDULE APRON NO. FES-1 FES-1A FES-2 FES-LOT 2 APRON SIZE (IN) 15 15 30 15 APRON MATERIAL RC RC RC RC INVERT ELEVATION 952.50 954.26 955.30 957.65 PIPE NO. P-1A P-1 P-2 LOT B STORM STUB STORM DRAIN PIPE SCHEDULE PIPE NO. LOT B STORM STUB P-1 P-1A P-2 P-3 P-3A P-4 P-5 STM SERV. TO OUTLOT A DRAIN FROM FUT. OUTLOT B ST-1 FES-1 ST-2 ST-3 ST-3A ST-4 ST-5 OUTLOT A FUTURE STUB INLET ELEVATION 957.89 954.42 952.50 955.66 956.95 956.14 957.02 956.71 957.43 DRAIN TO FES-LOT 2 FES-1A ST-1 FES-2 ST-3A ST-2 ST-3 ST-3A ST-4 OUTLET ELEVATION 957.65 954.26 952.50 955.30 956.14 955.66 956.95 956.14 957.02 PIPE SIZE (IN) 15 15 15 30 18 24 15 18 12 MATERIAL HDPE HDPE HDPE HDPE HDPE HDPE HDPE PVC PVC PIPE GRADE 1.00% 0.98% 0.00% 0.51% 1.00% 0.40% 1.10% 0.30% 1.00% PIPE LENGTH (FT) 24 17 23 71 81 121 7 192 41 STORM DRAIN STRUCTURE SCHEDULE STRUCTURE NO. ST-2 ST-3 ST-3A ST-4 ST-5 STRUCTURE TYPE MnDOT 4020 MnDOT 4020 MnDOT 4020 CATCH BASIN (TYPE 1) MnDOT 4020 STRUCTURE SIZE (IN) 72 Ø 48 Ø 60 Ø 24 x 36 48 Ø STRUCTURE MATERIAL RC RC RC RC RC CASTING CURB CASTING CURB CASTING CURB CASTING CURB CASTING CURB CASTING * TOP OF CASTING ELEVATION 960.21 961.24 961.73 961.24 959.98 OUTLET INVERT 952.66 953.95 953.14 954.02 953.71 OUTLET PIPE P-2 P-3 P-3A P-4 P-5 SANITARY SEWER STRUCTURE SCHEDULE STRUCTURE NO. S-1 S-2 S-3 STRUCTURE TYPE MnDOT 4007C MnDOT 4007C MnDOT 4007C STRUCTURE SIZE (IN) 48 Ø 48 Ø 48 Ø STRUCTURE MATERIAL RC RC RC CASTING NEENAH R1733 "SANITARY SEWER" STAMP SELF CLEANING PICK HOLES NEENAH R-1733 "SANITARY SEWER" STAMP SELF CLEANING PICK HOLES NEENAH R-1733 "SANITARY SEWER" STAMP SELF CLEANING PICK HOLES STRUCTURE HEIGHT (LN FT) 10.08 10.98 9.03 TOP OF CASTING ELEVATION 955.80 958.38 961.03 INVERT ELEVATION 945.72 947.40 952.00 OUTLET PIPE SP-1 SP-2 SP-3C SANITARY SEWER PIPE SCHEDULE PIPE NO. SP-1 SP-2 SP-3A SP-3A1 SP-3B SP-3B1 SP-3B2 SP-3C SP-3C1 DRAIN FROM S-1 S-2 4' X 8" WYE OUTLOT B SAN STUB 4' X 8" WYE CO-1 COTG S-3 OUTLOT A SAN STUB INLET ELEVATION 945.72 947.40 950.16 952.83 950.24 952.28 953.40 952.00 953.68 DRAIN TO EX-SAN MH S-1 S-2 6' X 8" WYE 6' X 8" WYE 4' X 8" WYE CO-1 6' X 8" WYE S-3 OUTLET ELEVATION 945.25 945.72 947.40 952.13 950.16 952.05 952.28 950.24 953.00 PIPE SIZE 8" 8" 8" 6" 8" 4" 4" 8" 6" MATERIAL PVC PVC PVC PVC PVC PVC PVC PVC PVC PIPE CLASS SDR-35 SDR-35 SDR-35 SCH 40 SDR-35 SDR-35 SDR-35 SDR-35 SCH 40 PIPE GRADE 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% PIPE LENGTH (FT) 24 84 138 35 4 12 56 88 34 ROOF DRAIN SCHEDULE PIPE NO. P-5A P-5B P-5C P-5D P-5E P-6A P-6B P-6C P-6D P-6E P-6F P-6G SP-1 SP-2 SP-3B2 PIPE SIZE (IN) 8 8 8 8 8 8 8 8 8 8 8 8 8 8 4 MATERIAL PVC, SCH 40 PIPE LENGTH (FT) 45 32 93 5 47 13 62 6 56 27 6 73 24 84 56 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 31013-C3-UTILITY-OA DATE DESCRIPTION BY PROJECT TITLE SHEET REVISION SCHEDULE PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\31000 PROJ\31000-31099\31013 CHILDCARE FACILITY ALBERTVILLE-ALBERTVILLE MN\31013 PRODUCTION FILES\31013 CIVIL 3D\PRODUCTION DWGS\31013-C3-UTILITY-OA.DWG SAVED BY: ALEX.AMADEOSHEET NOT VALID UNLESS THIS TEXT IS COLOR. - 24-31013 05/14/2024 C3-20 UTILITY PLAN C3-20 UTILITY PLAN ---- ---- C3-20 MNALBERTVILLE 0 SCALE IN FEET 30 60 CHILDCARE FACILITY ALBERTVILLE PLAZA THIRD ADDITION PLOT DATE: 3/28/2025 10:37 AM09/13/24 SITE PLAN SUBMITTAL #1 ARA INSITE DEVELOPMENT SERVICES, L.L.C. LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PLOT DATE: 3/28/2025 10:37 AM11/21/24 BULLETIN 01 (CITY SUBMITTAL #2) ARA RYAN ANDERSON 09/13/2024 55938 11/21/24 BULLETIN 03 (CITY SUBMITTAL #3) ARA 02/10/24 BULLETIN 04 (CITY SUBMITTAL #4) ARA CONNECT TO 6" EXISTING WATER (VERIFY SIZE, DEPTH, AND LOCATION) CONNECT TO SANITARY SERVICE LINE EXISTING SANITARY MANHOLE VIA AN INSIDE DROP CONNECTION WITH A RELINER DROP BOWL, AND STAINLESS STEEL FASTENERS. (CONNECTION TO EXISTING MANHOLE SHALL BE CORE CUT AND BOOT SEALED) (CONTRACTOR TO VERIFY SIZE, DEPTH, AND LOCATION) CONSTRUCT WATER SERVICE TO WITHIN 5' OF BUILDING - CONTINUATION TO BUILDING BY OTHERS CAP 6" SANITARY SERVICE CAP 6" SANITARY SERVICE 6"X45° BEND 6"X45° BEND 4"X45° BEND 6" C900 PVC WATERMAIN CAP 6" C900 PVC WATERMAIN CAP 12" STORM SERVICE FIRE HYDRANT 4" C900 PVC FIRE SERVICE, MIN 7.5' BURY DEPTH 6" C900 PVC WATERMAIN CONNECT 6" SCH 40 PVC TO ROOF DRAIN CONNECT 6" SCH 40 PVC TO STORM PIPE WITH 8"X6" 45° WYE (TYP) (SEE DETAIL) 6" SUBDRAIN WITH PVC WYES AT BEND AND START OF RUNS CONNECT 6" SUBDRAIN TO 6" PVC SCH 40 STORM SEWER GAS METER TELECOM SERVICE (BY CENTURYLINK) CONDUIT (BY INSITE) GAS SERVICE (BY CENTERPOINT ENERGY) CONDUIT (BY INSUTE) GAS SERVICE CONNECTION BY CENTERPOINT ENERGY TELECOM. DEMARC CAP 6" C900 PVC WATERMAIN CAP 12" STORM SERVICE 6" C900 PVC WATERMAIN CONNECT TO 6" EXISTING WATER (VERIFY SIZE, DEPTH, AND LOCATION) XFMR(BY XCEL) XFMR PAD (BY INSITE) ELECTRIC METER PRIMARY SERVICE (BY XCEL ENERGY) OUTLOT B ZONING: B-2A PUD OUTLOT A ZONING: B-2A PUD LOT 3 ZONING: B-2A PUD 2" TYPE K WATER SERVICE, MIN 7.5' BURY DEPTH 2" CURB STOP & BOX * TOP OF CASTING ELEVATIONS ON CURB STYLE CATCH BASINS = FORM GRADE, NOT TOP BACK OF CURB BOX ELEVATION 8" ROOF DRAIN OUTLET INTO BASIN WITH 8" FLARED END SECTION AND RIPRAP INV = 958.00 6" C900 PVC WATER SERVICE, MIN 7.5' BURY DEPTH 6" GATE VALVE 6" GATE VALVE 6" GATE VALVE FIRE HYDRANT 10.4'WATER SERVICE AND STORM CROSSINGS: WATER ELEV = 955.00' STORM ELEV. = 958.50' SANITARY AND STORM CROSSING: SANITARY ELEV = 953.00' STORM ELEV. = 958.50' SANITARY, STORM AND WATER CROSSINGS: SANITARY ELEV = 950.80' WATER ELEV = 953.50' STORM ELEV = 956.25' SANITARY AND WATER CROSSING: SANITARY ELEV = 953.25' WATER ELEV = 951.50' STORM AND WATER CROSSING: STORM ELEV = 957.50' WATER ELEV = 953.00' 10.1' SANITARY AND STORM CROSSING: SANITARY ELEV = 952.35' STORM ELEV = 955.85' UTILITY ASTM STANDARDS TYPE MATERIAL STANDARD WATER C900 PVC ASTM D1784 / F477 WATER SERVICE TYPE K COPPER ASTM B88 SANITARY PVC, SDR-35 ASTM D3034 STORM ROOF DRAIN PVC, SCH 40 ASTM F441M STORM SEWER HDPE ASTM F714 / F894 STORM/SANITARY CROSSINGS OVER/UNDER WATER SERVICE AND WATER MAIN PVC, SCH 40 ASTM D1785 NOTES: ·ALL UTILITIES ARE TO BE CONSTRUCTED TO 5' OUTSIDE OF BUILDING AND ARE TO BE CONNECTED TO BUILDING BY MECHANICAL/PLUMBING CONTRACTOR. ·ENSURE 18" VERTICAL BETWEEN ALL PROPOSED & EXISTING WATER, STORM, & SANITARY. ·ALL STORM SEWER PIPING WITHIN 10 FEET OF THE BUILDING OR WATER SERVICE LINE SHALL BE TESTED PER SECTION 1107.0 OF THE MINNESOTA STATE PLUMBING CODE. ·ALL STORM AND AND SANITARY CROSSINGS OVER OR UNDER WATER SERVICE OR WATER MAINS SHALL BE PVC, SCH 40 THAT COMPLY WITH ASTM STANDARD D1785, D2665, F891, F1488, OR F1760. ·WATER NOTE #1: ALL WATER MAIN FITTINGS SHALL BE EPOXY COATED AND FITTINGS AND VALVES SHALL BE SECURED UTILIZING STAINLESS STEEL BOLTS, OR APPROVED EQUAL, WITH THE USE OF SACRIFICIAL ZINC ANODE CAPS. ·WATER NOTE #2: TRACER WIRE MATERIALS AND INSTALLATION SHALL BE PER MRWA SPECIFICATIONS AND STANDARDS. SEE OUTLET STRUCTURE DETAIL ON SHEET C0-22 SITE DETAILS DRAINAGE & UTILITY EASEMENT EXHIBIT E Agenda Page 66 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT ALBERTVILLE PLAZA THIRD ADDITION – LOT 1, BLOCK 1 THIS PLANNED UNIT DEVELOPMENT AGREEMENT (the “Agreement”), entered into this _____ day of ________ 2025 by and between ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company, referred to herein as “Developer”, and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as “City”; WITNESSETH: WHEREAS, Beatrice I. Roden, referred to herein as “Roden”, a private land owner, is the fee owner of the real property known as Outlot A and Outlot B of the Albertville Plaza Third Addition according to the plat of record as filed in the Office of the Wright County Recorder, Wright County, Minnesota, collectively referred to herein as the “Roden Property”; WHEREAS, an affiliate of Developer is the contract purchaser (and Developer may become the fee owner) of the real property known as Lot 1, Block 1, Albertville Plaza Third Addition according to the plat of record as filed in the Office of the Wright County Recorder, Wright County, Minnesota (the “Developer’s Property”). The real property known as Lot 1, Block 1, Outlot A, and Outlot B, Albertville Plaza Third Addition according to the plat of record as filed in the Office of the Wright County Recorder, Wright County, Minnesota shall hereafter collectively be referred to as “Said Plat”. Said Plat is attached hereto as Exhibit A; and WHEREAS, Developer has requested, and the City has given approval to, the following requests pursuant to the City’s Zoning and Subdivision Ordinances: A. The establishment of a three-lot subdivision consisting of three separate lots known as: (i) Lot 1, Block 1, (ii) Outlot A, and (iii) Outlot B, Albertville Plaza Third Addition; and B. Planned Unit Development Zoning as set out in this Agreement and in City Ordinance; WHEREAS, the City’s approval of Developer’s requests is contingent upon Developer entering into this Planned Unit Development Agreement (hereafter, “Agreement”); and WHEREAS, the City requires that Developer construct certain improvements (collectively, the “Municipal Improvements”) including, but not limited to: the installation of sanitary sewer, municipal water, fire hydrants, bituminous trail, bituminous turn lane, grading and installation of storm water ponding on Developer’s Property with such Municipal Improvements to be financed by, and installed by, Developer in accordance with the permits issued for such Municipal Improvements and in the manner more specifically set forth in the Approved Plans and Specifications (as such term is defined below); and Agenda Page 67 WHEREAS, the City requires the installation of Private Improvements on Developer’s Property including private streets, grading and installation of storm sewer, topsoil and sod, bituminous or concrete driveways and parking lots, landscaping, parking lot lighting, street cleanup during project development, erosion control, and other site-related items to be installed and financed by Developer as more specifically set forth in this Agreement; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party’s promises and considerations herein set forth, as follows: 1. Zoning/Subdivision Approvals. The following zoning-related items are hereby approved, subject to the following conditions: A. The proposed subdivision will create the following: (i) Lot 1, Block 1; (ii) Outlot A; and (iii) Outlot B, each as shown on the Final Plat of Albertville Plaza Third Addition attached as Exhibit A. B. Developer’s Property is zoned Albertville Plaza Third Addition B-2A/PUD, which shall allow all uses set forth in such Zoning District as it may be amended from time to time by the City of Albertville. C. The streets shown on the Site Plan attached as Exhibit C that run west from County Highway No. 19 and north to the northern border of Said Plat shall be private streets and shall not be maintained by the City unless the City, Developer, and all other lot owners within Said Plat obligated to maintain the street enter into a contract to have the City maintain such private streets for compensation. D. A private street easement over the areas shown as private streets on the Site Plan attached as Exhibit C must be established that defines the location and configuration of the private streets and provides access to all such private streets by (i) Lot 1, Block 1, (ii) Outlot A, and (iii) Outlot B, of Said Plat. In addition, Developer shall enter into permanent reciprocal easement agreement(s) with the lot owners of each lot in the Albertville Plaza and Albertville Plaza Second Addition plats (both plats being recorded at the Wright County, Minnesota Recorder’s Office) providing for all lots in Albertville Plaza, Albertville Plaza Second Addition, and Albertville Plaza Third Addition to have a non-exclusive perpetual right and easement to access all streets labeled and depicted on the Site Plan attached as Exhibit C. All such easements shall meet the approval of the City Attorney. Said easements shall be recorded immediately after the final plat of Developer’s Property at the Wright County Recorder’s Office. E. Developer’s predecessor in title to Developer’ Property entered into that certain agreement entitled “MAINTENANCE AGREEMENT FOR LOTS IN ALBERTVILLE PLAZA ADDITIONS” dated ___________ ____ 2025 and recorded ___________ ____ 2025 that has made Developer a member of the Albertville Plaza Association, said agreement attached hereto as Exhibit _____, and which agreement provides for the maintenance and repair of all streets within the plats of Albertville Plaza, Albertville Plaza Second Addition and Said Plat unless such maintenance is provided for in another agreement or agreements acceptable to the City Attorney. In the event the Albertville Plaza Association fails to maintain the streets in Said Plat, all lots within Albertville Plaza Third Addition, including Developer’s Property, shall be responsible for maintaining said streets at the expense of the owners of the lots in Said Plat. Agenda Page 68 F. Developer agrees that except for temporary and reasonable activities required in connection with construction, maintenance, repair, and replacement, no obstruction which would prevent, restrict, or otherwise inhibit, the passage of pedestrians or vehicles over any portion of the private streets on the Site Plan attached as Exhibit C shall be erected, condoned, or permitted by the owner of any property benefited with the private streets, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which in any manner restrict the rights of the respective owners of any of the lots on Said Plat, their tenants, invitees and licensees to fully utilize the shared private streets for the purposes permitted herein. However, in no event shall Developer allow any construction- related traffic that will cause damage to the private streets located on the plats of Albertville Plaza, Albertville Plaza Second Addition, or Albertville Plaza Third Addition (collectively, the “Albertville Plaza Properties”) to utilize the private streets, nor shall Developer knowingly allow traffic from Developer’s Property to use said private streets if such vehicles have a weight rating which exceeds the weight rating for which said private streets were designed and constructed. Notwithstanding the foregoing, Developer may allow construction-related traffic to use the private streets located within Albertville Plaza Third Addition during Developer’s initial development of Developer’s Property. G. On-site parking shall be limited to approved parking stalls only. Parking shall be prohibited on-street, within the drive lanes, loading areas, or unpaved surfaces except during initial construction of Developer’s Property. All parking spaces shall be designed and constructed to meet City parking standards in accordance with the Approved Plans and Specifications (as defined below). H. The landings and sidewalks adjacent to the exterior of any building on Developer’s Property shall be kept clear of obstructions and snow from the building doors to a drive aisle for emergency exit purposes. I. The uses of Developer’s Property shall comply with the terms and conditions of this Agreement and the City’s ordinances and applicable state law at all times. J. Subject to the terms and conditions of this Agreement, Developer shall develop Developer’s Property consistent with the plans and specifications as prepared for an affiliate of Developer, InSite Development Services, L.L.C by (i) ADA Architects, Inc., with an original issuance date of June 25, 2024 and as last revised as of the revision date shown on the Enumeration of Plans and Specifications attached hereto as Exhibit I (the “Enumeration of Plans”) and (ii) I & S Group, Inc., with an original issuance date of May 14, 2024 and last revised as of the revisions date shown on the Enumeration of Plans which are approved by the City and on file with the City Clerk (the foregoing (i) and (ii) are collectively, the “Approved Plans and Specifications”) - for clarification purposes the plans listed in the Enumeration of Plans for the proposed improvement of Developer’s Property are contained at City Hall. Developer shall comply with all site plan approval conditions accompanying the City Council approval except where affirmatively modified by this Agreement. K. All grading, drainage, utility and transportation issues that arise during development of Developer’s Property shall be subject to review and approval by the City Engineer. L. Developer shall maintain the storm sewer system that is to be constructed on Lot 1, Block 1 of Developer’s Property as required by paragraph 2 of this Agreement. Such maintenance Agenda Page 69 shall be subject to and done in accordance with the terms of the Storm Water Maintenance Agreement attached as Exhibit B to this Agreement. M. All private utilities installed on Developer’s Property shall be installed underground in a joint trench. N. Developer may construct a multi-tenant pylon sign on Outlot B in the location shown on the Site Plan attached hereto as Exhibit C. Such sign shall be a maximum of 33’ in height, with three separate double- sided sign panels to be used by Lot 1, Block 1, Outlot A, and Outlot B only, with a total of 250 square feet per sign face. Prior to construction of said pylon sign, Developer shall obtain an easement for such sign from the owner of said Outlot B permitting Developer to erect such sign, and providing for the maintenance of such sign by the owners of Lot 1, Block 1, Outlot A, and Outlot B. 2. Construction of Municipal Improvements. A. Developer shall construct, at Developer’s expense, all of the Municipal Improvements, which are to be located on Said Plat in the manner, and as detailed, in the Approved Plans and Specifications on file with the City Clerk, including the installation of municipal water main, fire hydrants, sanitary sewer main, bituminous right turn lane, bituminous trail, and the pond located on Lot 1, Block 1 of Said Plat (but not the ponds to be located on Outlots A and B of Said Plat) all as shown on the Site Plan, Utility Plan and Grading Plan attached as Exhibits C, D and E respectively. All the Municipal Improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless another date is approved by the City, said improvements shall be installed by March 15, 2026. Notwithstanding, in the event that the Municipal Improvements have not been completed on or before March 15, 2026 due to any factor outside the reasonable control of Developer, including, but not limited to, acts of god, epidemics, pandemics, quarantine restrictions, adverse weather, strikes, labor and/or material shortages, acts of third parties or governmental agencies, then Developer may, upon notice to the City, receive up to a 12- month extension, provided that Developer has initiated the construction of such Municipal Improvements and has made commercially reasonable efforts to continue the construction progress. B. Developer shall provide the City with record as-built drawings for all Municipal Improvements installed by Developer on Developer’s Property, consistent with City requirements and subject to review and approval of the City Engineer. Record as-built drawings shall be certified by a registered land surveyor or engineer that storm-water pond, emergency overflows (if any), and Municipal Improvements have been constructed on public easements. Such record as-built drawings shall be provided in paper and/or electronic formats as required by the City Engineer, and shall meet all applicable State requirements for such drawings. C. Developer shall warrant the Municipal Improvements to the City for a period of two years (the “Warranty Period”) from the date the City accepts the finished Municipal Improvements 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. Agenda Page 70 D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged by Developer to construct said Municipal Improvements on Developer’s Property. Should Developer fail to provide the City with all applicable lien waivers required under this Agreement within ninety (90) days after a certificate of occupancy is issued by the City for a building located on the lot owned by Developer, the City reserves the right, after giving Developer no less than thirty (30) days prior written notice and opportunity to cure such failure, to draw upon Developer’s surety posted by Developer to secure the performance of such Municipal Improvements and pay any contractors who performed and completed work for Developer on any of such Municipal Improvements and whom Developer has failed to fully pay for the performance of such work; provided, however, that Developer may instead deposit with the City cash for the applicable remaining unpaid amount due if Developer is unable to obtain any such lien waiver. E. The City shall, at its option, have the City Engineer present on Developer’s Property 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 reasonable costs incurred by the City during said inspections. 3. Construction of Private Improvements. A. Subject to the terms and conditions of this Agreement, Developer shall construct, at Developer’s expense, the following Private Improvements set forth in subsection (i)-(vi) below on Developer’s Property, all to be completed by March 15, 2026. Notwithstanding, in the event that the Private Improvements are not completed on or before March 15, 2026 due to any factor outside the reasonable control of Developer, including, but not limited to, acts of god, epidemics, pandemics, quarantine restrictions, adverse weather, strikes, labor and/or material shortages, acts of third parties or governmental agencies, then, Developer may, upon notice to the City, receive up to a 12-month extension, provided that Developer has initiated the construction of such Private Improvements and has made commercially reasonable efforts to continue the construction progress: i. Private streets, street lights, storm sewer, all as shown in the attached Exhibits C and D. In addition, Developer shall construct on Lot 1, Block 1 of Said Plat, at Developer’s expense, 29 bituminous paved parking stalls, bituminous paved drive aisles and parking lot lighting, all as shown in the attached Exhibit C. ii. Landscaping on Lot 1, Block 1 as shown on the Landscaping Plan attached as Exhibit F, shall cause the replacement of those plants that may from time to time die such that the landscaping shown on Exhibit F is maintained as long as the building shown on the Site Plan attached as Exhibit C is located on Developer’s Property. iii. Traffic signs, yard topsoil, sod and seed in all yards, street cleanup during project development, and erosion control on the portions of Outlot A and Outlot B of Said Plat disturbed by Developer in relation to its construction of the Municipal Improvements and the Private Improvements, all as required by City ordinance. All yard areas on Developer’s Property shall be sodded or seeded with grass or landscaped in accordance with the Landscaping Plan attached as Exhibit F. In all cases permanent turf or grass must be established over all areas of Developer’s Property not covered by a hard or impervious surface. Erosion control, drainage swales and berming, shall be installed upon initial grading of Developer’s Agenda Page 71 Property. The grading of Developer’s Property shall be performed in accordance with the Grading Plan for Developer’s Property attached hereto as Exhibit E. iv. A trash enclosure on the north end of the parking lot to be constructed on Lot 1, Block 1 with sufficient turnaround space for a 40-foot long semi-tractor and trailer as reflected on the Site Plan attached as Exhibit C. v. Outdoor lighting as depicted in the Photometric Plan attached as Exhibit G. vi. A 6 -foot tall ornamental steel fence as depicted in the Site Plan attached as Exhibit C. B. Notwithstanding the requirements of paragraph 3.A above, Developer shall install to the City's satisfaction said Private Improvements for Developer’s Property prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on Developer’s Property, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued if all Private Improvements except landscaping and sod have been installed. In such cases, Developer shall cause the required landscaping and sod to be installed by the first June 30th following the issuance of the occupancy permit. C. The City shall, at its option, have the City Engineer present on Developer’s Property for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Private Improvements. Developer agrees to pay for all reasonable costs incurred by the City during said inspections. D. Developer shall maintain the storm sewer located on Developer’s Property at all times in a manner that allows the storm sewer to function as designed. 4. Use of Property. Developer’s use of Said Plat shall be consistent with the following restrictions, which shall be effective until further modified or amended by rezoning or other amendment of the planned unit development by the City Council: A. Said Plat is part of a planned unit development (“PUD”). The provisions of the City’s B- 2A/PUD zoning district (as amended from time to time) apply to Said Plat, except as modified by this Agreement and except that the uses in Said Plat have been limited to the following unless otherwise agreed to by the City Council and Developer: i. Lot 1, Block 1 shall be limited to the following conditional use: daycare facility. 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations on the part of such applicable Developer under this Agreement shall be performed. Said letter of credit or surety shall be in the amount of $446,535.50, representing the sum of 100% of the estimated cost of the Municipal Improvements ($112,300), 100% of the cost of the following Private Improvements consisting of the storm sewer, and related erosion and sediment control for Lot 1, Block 1, and private streets in Said Plat, ($253,318), $1,500 per acre for erosion and Agenda Page 72 sediment control over 1.77 acres ($2,655) and 125% of the estimated cost for landscaping/screening materials ($78,262.50). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank (the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be available in its entirety to fulfill the express obligations on the part of Developer to perform under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless the issuer of the letter of credit provides written notice to the City at least 45 days prior to the expiration of the letter of credit of the issuer’s intent not to renew the letter of credit. Said letter of credit shall be provided to the City prior to the release of Said Plat for recording. B. Subject to the terms and conditions of this Agreement, the City may draw on said letter of credit or surety to complete work not performed by Developer including but not limited to Private Improvements, Municipal Improvements and Landscaping 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. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 5.A above or a lesser amount authorized by the City Council pursuant to paragraph 6.B below. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, 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 amount of utilized security, the City will, upon making said determination, refund to 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 specially assess or certify against Developer’s Property for collection with the real estate taxes any and all costs incurred by the City in enforcing any of the terms of this Agreement should Developer’s letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may expire or become null and void prior to the time at which all monetary or other obligations of Developer are paid or satisfied, it is agreed that Developer shall provide the City with a new letter of credit or 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 with respect to Developer and thence draw in part or in total, at the City's discretion, upon Developer’s expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. Developer shall maintain its applicable letter of credit in the amount required by the City at all times. F. In the event Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for Developer, the City may draw on Developer’s letter of credit or surety Agenda Page 73 in its full amount to secure its surety position. The City shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 6. Surety Release. A. Periodically, as payments are made by Developer for the completion of portions of the Municipal Improvements, Private Improvements or Landscaping, and when it is reasonably prudent, Developer may request of the City that Developer’s surety be proportionately reduced for that portion of the Municipal Improvements, Private Improvements or Landscaping which have been fully completed by Developer and payment made by Developer 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 Developer making such request. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the required improvements have been installed, the letter of credit or 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 or surety in the amount of 10% of the estimated construction price of the Municipal Improvements 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. iii. When all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plan for Developer’s Property attached as Exhibit F, the letter of credit or surety applicable to such improvements may be reduced by the dollar amount attributable to that portion of such landscaping improvements installed, except the City shall retain the letter of credit or surety in the amount of 25% of the estimated Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. iv. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The City shall act upon Developer’s letter of credit reduction request within 35 days of submission of a written request for reduction. The costs incurred by the City in processing any reduction request shall be billed to the requesting Developer and paid to the City within thirty (30) days of billing. 7. Abandonment of Project - Costs and Expenses. In the event Developer abandons the project applicable to Developer’s Property, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from Developer’s Property, or fails to leave the Agenda Page 74 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 taking whatever action is reasonably necessary to provide ground-cover and otherwise restore Developer’s Property to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Developer’s Property and to facilitate mowing of Developer’s Property. In the event that said costs are not paid, the City may withdraw funds from the above-mentioned surety deposited by Developer for the purpose of paying the costs referred to in this paragraph. 8. Developer to Pay City's Costs and Expenses. It is understood and agreed that Developer will be obligated to 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, the processing and approval of Said Plat, the establishment of the Planned Unit Development Zoning, as well as all reasonable engineering expenses incurred by the City in approving, and inspecting said Municipal and Private Improvements constructed by Developer as described in this Agreement. Additionally, the Developer shall be responsible for all legal, planning, and engineering fees and costs incurred by the City which are related to the initial preparation of the PLANNED UNIT DEVELOPMENT AGREEMENT ALBERTVILLE PLAZA THIRD ADDITION – OUTLOTS A and B (the “Roden Development Agreement”), provided that Developer shall not be responsible for any fees or costs related to any future replat of Outlot A or Outlot B of Said Plat or any future amendment and modification to the Roden Development Agreement or any future development of Outlots A and B. Developer agrees to pay all such costs it is obligated to pay pursuant to this Agreement within 30 days of billing by the City. If Developer fails to pay said amounts it is obligated to pay pursuant to this Agreement, Developer agrees to allow the City to reimburse itself from the applicable surety deposited by Developer and/or assess the amount owed against the applicable portion of Developer’s Property without objection. 9. Development Related Fees and Credits. A. Storm Water Utility Connection Charge. Developer agrees that the City’s Storm Water Utility Connection Charge Ordinance requires Developer to pay $1,500 per acre for all acres included in the lot upon which an application for a building permit has been made by Developer. Such per acre charge is subject to change by modification of the City Ordinance. The Storm Water Utility Connection Charge fee shall be calculated based on the per acre rate in effect at the time of building permit application and shall be due upon the submission of such building permit application. B. SAC and WAC Charges. Developer agrees that the City’s Sewer Access Charge (“SAC”) and Water Access Charge (“WAC”) ordinances require Developer to pay applicable SAC and WAC upon application for the building permit for Lot 1, Block 1 within Said Plat. Such SAC and WAC charges shall be based upon the rates in effect at the time each such building permit is applied for. C. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance currently requires the Developer to pay $2,055.00 per acre upon development of Developer’s Property. There Agenda Page 75 are 1.77 acres in Developer’s Property to which the Trunk Charges apply. Therefore, the Sanitary Sewer Trunk Line Fees for Developer’s Property is $3,637.35. D. Water Trunk Access Charge. Developer agrees that the City’s Water Trunk Access Charge Ordinance currently requires the Developer to pay $1,925.00 per acre upon the earlier of final plat approval and issuance of a building permit. There are 1.77 acres in Developer’s Property to which the Water Trunk Access Charge applies. Therefore, the Water Trunk Access Charge for Developer’s Property is $3,407.25. E. Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing Said Plat and this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements within Said Plat. The administrative fee for Said Plat is $3,930.50. 10. Erosion and Siltation Control. Developer shall implement all erosion control measures detailed in the Storm Water Pollution Prevention Plan (“SWPPP”) attached as Exhibit H and on the Grading and Drainage plan attached as Exhibit H in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer and shall abide by all erosion control requirements contained in the Albertville Subdivision ordinance and as required by the NPDES Construction Stormwater Permit for the project on the applicable lot in Said Plat that Developer owns and develops. The parties recognize that time is of the essence in controlling erosion. If Developer does not comply with the applicable erosion control plan and/or the requirements of the NPDES Construction Stormwater Permit, the City may take such action as it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon Developer’s Property and take such necessary erosion control actions. The City will endeavor to notify Developer in advance of any proposed action, but failure of the City to do so will not affect Developer's and City's rights or obligations hereunder. If Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days after written notice and invoice for such cost from the City, the City may draw down the letter of credit deposited by such applicable Developer to pay any costs related to Developer’s project or may specially assess Developer’s Property for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements applicable to such development. 11 . Drainage Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Developer’s Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements applicable to Developer’s Property, all at Developer’s applicable expense. 12. Maintain Public Property Damaged or Cluttered During 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, Agenda Page 76 curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during Developer’s development of the portion of Developer’s Property. Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place on the Developer’s Property. Developer agrees to clean the streets on a daily basis if required by the City during the period of installation of the Municipal Improvements and Private Improvements required by this Agreement, as well as during the development of Developer’s Property. Developer further agrees that any damage to public property occurring as a result of such construction activity will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any such damage to public property will be repaired within 14 days of notice to Developer provided by the City if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to Developer. If Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against Developer’s Property and/or take necessary legal action to recover such costs and Developer agrees that the City shall be entitled to attorney’s fees incurred by the City as a result of such legal action. 13. Temporary Easement Rights. Developer shall provide access to Developer’s Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 14. Miscellaneous. A. Developer agrees that all applicable construction items required under this Agreement are items for which Developer is responsible for completing and all such applicable work shall be done at Developer’s expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Agreement. C. If a building permit is issued for construction on Developer’s Property prior to the completion and acceptance of the Municipal Improvements, Developer assumes all liability and the costs resulting in delays in completion of Municipal Improvements and damage to Municipal Improvements caused by the City, Developer, Developer’s contractors, subcontractors, materialmen, employees, agents, or third parties. 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 Agreement shall not be a waiver or release. Agenda Page 77 E. This Agreement shall run with the land and shall be recorded against the title to Developer’s Property. F. Developer represents to the City that Developer’s Property and Developer’s related submissions for Developer’s Property being developed by Developer (including but not limited to the grading plan, utility plan, and site plan) 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 Developer’s Property does not comply, the City may, at its option, refuse to allow construction or development work in Said Plat until Developer so complies. Upon the City's demand, Developer shall cease all development work being performed by Developer on Said Plat, unless the City provides express written permission otherwise, until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on any portion of Developer’s Property owned (or to be owned) by Developer, Developer shall provide the City with evidence of good and marketable title to all such portion(s) of Developer’s Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. Developer shall obtain all required driveway, utility and other permits applicable to Developer’s Property as required by either the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the Private Improvements. 15. Violation of Agreement. A. In the case of default by Developer, their successors or assigns, of any of the covenants and agreements herein contained that are to be performed by Developer under the terms and conditions of this Agreement, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail or national overnight courier service which provides written confirmation of delivery with a courtesy copy sent via email), 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 (1) a United States Post Office or mail receptacle; or (2) deposit with a national overnight courier service. Upon failure to cure by the defaulting Developer, the City may thence immediately and without notice or consent complete some or all of Developer’s obligations under this Agreement and bring legal action against Developer to collect any sums incurred by the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this Agreement. The City may also specially assess all said costs incurred upon default against Developer’s Property owned by defaulting Developer pursuant to the terms of this Agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 15.A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may Agenda Page 78 immediately exercise all remedies available to it under this Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good- faith, reasonable efforts to notify Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 15.A of this Agreement shall not apply to any acts or rights of the City under paragraph 5.E of this Agreement, and no notice need be given to Developer as a condition precedent 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 the surety without waiving the City's right to draw upon the surety at a future time without notice to Developer. D. Breach of any of the terms of this Agreement by Developer shall be grounds for denial of building permits to Developer’s Property. 16. Dedications to the City. A. Municipal Improvement Dedications. The City shall accept the Municipal Improvements upon the occurrence of all of the following: i. Presentation to the City of evidence of good and marketable title to the Developer’s Property; ii. Completion of all construction work required to be performed by Developer under this Agreement; and iii. Payment in full to all contractors who installed such improvements or deposit of such amounts owed with the City; and iv. Issuance of an opinion by the City Engineer that the Municipal Improvements are constructed consistent with the Approved Plans and Specifications; and v. Developer providing the City with “As-Builts” (both in paper form and electronic form as required by the City Engineer) of all publicly dedicated utilities, storm water pond and other Municipal Improvements required under this Agreement. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. Developer shall remain responsible for the maintenance and repair of the ponds and storm sewer on Developer’s Property. B. Park Dedication. Park Dedication for Developer’s Property is due in the amount of $15,965.40, calculated at a rate of $9,020 per acre times 1.77 acres. Park Dedication shall be paid prior to the recording of the final plat for Developer’s Property. 17. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties claiming by or through Developer for damages sustained or costs incurred resulting from the platting or development of Developer’s Property. Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the Agenda Page 79 City may pay or incur in consequence of such claims that Developer is responsible to indemnify above, including attorney's fees. Third parties shall have no recourse against the City under this Agreement. 18. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 19. Professional Fees. Developer, as to itself, will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement against Developer. 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 against Developer. Developer will also pay all reasonable attorney’s fees and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by Developer as provided herein. 20. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by the plans applicable to Developer’s Property and responsible for implementation of said plans as herein incorporated. 21. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 22. Notification Information. Any notice, request, demand, approval or consent given or required to be given to the parties herein under this Agreement shall be in writing, delivered by hand or certified mail or by national overnight courier service which provides written confirmation of delivery, and will be deemed to have been given three (3) days after the date upon which the notice is deposited for mailing in a United States Post Office or mail receptacle with proper postage affixed in the case of certified mail, and one (1) business day after the date upon which the notice is deposited with a national overnight courier service with all fees and charges prepaid, and mailed to the City Clerk for the City or Developer at the addresses set forth below, or at the last changed address given by the City for Developer: If to the City: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 If to Developer: Agenda Page 80 ALBERTVILLE, MN (Lot 1) LLC c/o InSite Real Estate, L.L.C. 1400 16th Street, Suite 300 Oak Brook, IL 60523 Attn: Chief Legal Officer Telephone: (630) 617-9100 Email: laddison@insiterealestate.com With a copy to: ALBERTVILLE, MN (Lot 1) LLC c/o InSite Real Estate, L.L.C. 1400 16th Street, Suite 300 Oak Brook, IL 60523 Attn: Property Manager (Retail) Telephone: (630) 617-9100 Email: PropertyManagement@insiterealestate.com Developer, or subsequent owner of Lot 1, Block 1, may, at any time, change its notice address and/or add additional parties for purposes of delivery of notices by mailing, as provided above, at least ten (10) days before the effective date of such change, a notice stating the change and setting forth the new address. If any such notice requires any action or response by the recipient or involves any consent or approval solicited from the recipient, such fact will be clearly stated in such notice. Each successor in interest to an owner, shall within ten (10) days of acquiring fee simple title to any portion of Developer’s Property, file with the other owners any change in owner’s notice address for purposes of receiving notice in accordance with this Paragraph 22. The email addresses included are for information purposes only, and may not be used to satisfy the notification requirements in this Agreement. 23. Partial Release of Portions of This Agreement. The obligations of Developer set forth in the following paragraphs of this Agreement shall be released as set forth below: i. The obligations of Paragraph 2 shall be released at such time as all Municipal Improvements have been installed, accepted by the City, and the applicable warranties have been fully satisfied. ii. The obligations to construct the Private Improvements required by Paragraph 3 shall be released at such time as all Private Improvements have been installed, provided that the obligation to maintain such Private Improvements shall not be affected by such release. iii. The surety obligations set forth in paragraph 5 shall be released at such time as 1) all Municipal Improvements have been installed, accepted by the City, and the applicable warranties have been fully satisfied, and 2) all Private Improvements have been installed. iv. The obligation to pay the development related fees shall be released at such time as all such fees required by paragraphs 9 and 16B have been paid in full. The City shall issue a release of such obligations in recordable form in accordance with the terms of this paragraph upon the request of the Developer. All other obligations of Developer under this Agreement shall remain in force and shall be binding upon the owner of Developer’s Property. Agenda Page 81 24. Agreement Effect. Subject to the terms and conditions of this Agreement, this Agreement shall be binding upon and extend to the successors and assigns of the parties hereto. CITY OF ALBERTVILLE By: ____________________________ Its Mayor By: ____________________________ Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ______ day of __________________, 2025, by Jillian Hendrickson 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 __________________, 2025, by Kris Luedke, 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 Agenda Page 82 ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company ______________________________ By: Larissa A. Addison Its: Manager STATE OF ILLINOIS ) ) ss. COUNTY OF DUPAGE ) The foregoing instrument was acknowledged before me this ______ day of __________________, 2025, by Larissa A. Addison as Manager of ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company, on behalf of such limited liability company. ______________________________ Notary Public DRAFTED BY: Couri & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 Agenda Page 83 EXHIBIT A Final Plat See attached. Agenda Page 84 N 89°28'41" E 561.00S 00°37'11" W 393.97 S 89°28'50" W 562.9212.86 6.56S 89°23'04" ECh. Brg. = N 0 8 ° 0 6 ' 2 7 " E C h . = 3 8 5 . 5 1 S 00°31'10" E 393.89N 89°28'50" E 301.88N 00°36'56" E 13.01286.57199.70344.0814.57191.877.44169.00 S 01°07'12" W Deed S 00°50'26" W 394.00 DeedSOUTH LINE OF THE NORTH 35.00 ACRESNORTH LINE OF THE NE 1/4 OF SEC. 2, TWP. 120, R. 24S 00°53'57" WS 89°42'05" W Deed 1336.98LOT 1OUTLOT AOUTLOT BBLOCK 1101714196.95 196.94 EAST LINE OF THE NE 1/4 OF SEC. 2, TWP. 120, R. 24 S 89°28'50" W 26.9712.40S 89°28'50" WN 89°28'41" EN 89°41'56" E DeedL=386.61 R=1 4 7 8 . 3 2 =14°59'02"NE CORNER OF THE NE 1/4 OFSEC. 2, TWP. 120, R. 24L=201. 5 6 R = 1 4 9 2 . 3 2 =07°44 ' 1 9 " L=184.66 R=1492.32 =07°05'24"Found WrightCounty Cast IronMonument54 100 102530 30 25 1010101515 10 10101082.0272745 40 190.00122.46101020.00S 89°28'50" WDrainage & Utility EasementDrainage & Utility EasementDrainage & Utility EasementWET LANDEdge of Wet Land 774.0674.73N 00°53'57" E 393.99 NORTH LINE OF THE NW 1/4 OFSEC. 1, TWP. 120, R. 24WESTERLY RIGHT-OF-WAY LINEPER WRIGHT COUNTY HIGHWAYRIGHT OF WAY PLAT No. 30101020 54 100UTILITY EASEMENT PER DOC. No. 6096091515 1660.52 N 00°53'57" E 20 C.S.A.H. NO. 19 (LA BEAUX AVE. NE)171538 10 30774.062020 Drainage & Utility EasementOF THE NE 1/4 OF SEC. 2, TWP. 120, R. 2460DEEDN 00°36'56" E L=386.22 R = 1 4 9 2 . 3 2 =14°49'43" S 00°37'11" W 394.00S 00°50'26" W DEED S 89°28'50" WN 89°28'42" E E X C E P T I O NN 89°41'56" E E 1/4 CORNER OF SEC. 2, TWP. 120, R. 24Found Wright County Cast Iron MonumentCITY COUNCIL, CITY OF ALBERTVILLE, MINNESOTAThis plat of ALBERTVILLE PLAZA THIRD ADDITION was approved and accepted by the City Council of the City of Albertville, Minnesota, at a regular meeting thereof held this______ dayof ______________________, 20______, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By ____________________________________________, Mayor By _______________________________________, City AdministratorWRIGHT COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this ______ day of _________________________, 20_______. _________________________________________ Wright County Surveyor WRIGHT COUNTY HIGHWAY ENGINEERThis plat was reviewed and recommended for approval this _________ day of _____________________________, 20_______. ___________________________________________ Wright County EngineerWRIGHT COUNTY LAND RECORDSPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20_______ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this ______ day of __________________________, 20_______. _________________________________________ Wright County Land Records AdministratorWRIGHT COUNTY RECORDERI hereby certify that this instrument was filed in the office of the County Recorder for record on this _________ day of _________________________, 20_____, at ________o'clock _____.M. and wasduly recorded in Cabinet No. __________________________, Sleeve __________________________, as Document No. _____________________________. _______________________________________ Wright County RecorderKNOW ALL PERSONS BY THESE PRESENTS: That Beatrice I. Roden, a single person, owner of the following described property situated in the County of Wright, State of Minnesota, to wit: That part of the North 35.00 acres of the NE 1/4 of Section 2, Township 120, Range 24, Wright County, Minnesota, lying South and East of the following described line: Commencing at the Northeast corner ofsaid NE 1/4; thence on an assumed bearing of S 1° 07' 12" W, along the East line of the said NE 1/4, a distance of 169.00 feet to the actual point of beginning of the line to be described; thence S 89° 42' 05" W,a distance of 1,336.98 feet; thence S 0° 50' 26" W, a distance of 394.00 feet to the South line of the North 35.00 acres of said NE 1/4 and terminating thereat. Excepting therefrom the following described premises: That part of the North 35.00 acres of the Northeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, described as follows: Commencing at the Northeast corner of said NortheastQuarter; thence South 1 degrees 07 minutes 12 seconds West, assumed bearing, along the East line of said Northeast Quarter, a distance of 169.00 feet; thence South 89 degrees 42 minutes 05 seconds West, adistance of 562.92 feet to the actual point of beginning; thence continue South 89 degrees 42 minutes 05 seconds West, a distance of 774.06 feet; thence South 0 degrees 50 minutes 26 seconds West, a distanceof 394.00 feet to the South line of the North 35.0 acres of said Northeast Quarter; thence North 89 degrees 41 minutes 56 seconds East along the said South line, a distance of 774.06 feet; thence North 0 degrees50 minutes 26 seconds East, a distance of 394.00 feet to the point of beginning.Has caused the same to be surveyed and platted as ALBERTVILLE PLAZA THIRD ADDITION and does hereby dedicate to the public for public use the public ways and the drainage and utility easements ascreated by this plat.In witness whereof said Beatrice I. Roden, a single person, has hereunto set her hand this_________ day of __________________________, 20____. By _____________________________________________ Beatrice I. RodenSTATE OF _________________________COUNTY OF _______________________This instrument was acknowledged before me this ______ day of ___________________________, 20________, by Beatrice I. Roden, a single person. __________________________________________ ________________________________________________ (Signature) (Printed name) Notary Public,___________________________ County,____________________________ My Commission Expires___________________I, Gregory R. Prasch, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correctrepresentation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; thatall water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled onthis plat.Dated this ____________day of ____________________, 20 ______. ______________________________________ Gregory R. Prasch, Licensed Land Surveyor Minnesota License No. 24992STATE OF MINNESOTACOUNTY OF HENNEPINThe foregoing Surveyor's Certificate was acknowledged before me on this ______ day of ___________________, 20________, by Gregory R. Prasch, Licensed Land Surveyor, Minnesota License No. 24992. __________________________________________ ________________________________________________ (Signature) (Printed name) Notary Public, Hennepin County, Minnesota My Commission Expires___________________ALBERTVILLE PLAZA THIRD ADDITIONSec. 2, Twp. 120, R. 24Vicinity MapNo ScaleNW 1/4SW 1/4SE 1/4 NE 1/4SITESCALE IN FEET0100501501 INCH = 50 FEETLA BAUEX AVE. NE BEARING REFERENCE:FOR THE PURPOSES OF THIS PLAT THE EAST LINE OF THENE 1/4 OF SEC. 2, TWP. 120, R. 24 IS ASSUMED TO BEARSOUTH 00°53'57" WEST.DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET ANDMARKED BY LICENSE NUMBER 24992, UNLESS OTHERWISE NOTED.DENOTES FOUND OPEN END 1/2 INCH IRON PIPE MONUMENT,UNLESS OTHERWISE NOTED.KALLAND AVE. NE 57TH STREET NEJACKSON AVE NEC.S.A.H. No. 19 Agenda Page 85 EXHIBIT B Storm Water Maintenance Agreement See attached. Agenda Page 86 1 EXHIBIT B (Reserved for Recording Data) STORM WATER MAINTENANCE AGREEMENT This STORM WATER MAINTENANCE AGREEMENT (“Agreement”) made this __ day of _________________, 2025, by and between the CITY OF ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the(“City”) and ALBERTVILLE, MN (LOT 1) LLC, an Illinois Limited Liability Company (hereinafter referred to as the “Developer InSite”). WHEREAS, Developer InSite is the fee owner of certain real property situated in the City of Albertville, County of Wright, State of Minnesota known as Lot 1, Block 1, of the Albertville Plaza Third Addition (the “Developer InSite Property”), according to the plat on file at the Wright County Recorder’s Office, Wright County, Minnesota, which Developer InSite has obtained the approval of the City for the development thereof; and WHEREAS, the City has required that Developer InSite make provision for the construction, maintenance and repair of the Ponds (collectively “Stormwater Ponds”) located within the boundaries of the Developer InSite Property and shown on the attached Exhibit A, as the same is described and depicted in those certain construction plans drawn by ADA Architects, P.C. dated June 25, 2024 and ISG dated May 14, 2024 which are approved and permitted by the City and on file with the City Clerk (the “Approved Plans and Specifications”). WHEREAS, the City and Developer InSite desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Ponds and the responsibility relating to the costs of the repair and maintenance of the Stormwater Ponds. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction and Maintenance of Stormwater Ponds. Subject to the terms and conditions of this Agreement, Developer InSite agrees to construct the Stormwater Ponds in the manner set forth in the Approved Plans and Specifications and repair and maintain, or cause the repair and maintenance of, the Stormwater Ponds at its sole cost and expense. Maintenance of Agenda Page 87 2 the Stormwater Ponds shall mean (i) monthly inspections of the Stormwater Ponds and, if necessary, removal of all litter and debris, and replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy functioning plant life therein; and (ii) an annual inspection, and certification, by a qualified individual or company acceptable to the City that the Stormwater Ponds are functioning in accordance with the Approved Plans and Specifications and have maintained the proper operation of the stormwater treatment as Stormwater Ponds in according to this Agreement and the City’s ordinances and applicable state law. If, as a result of an inspection by a qualified individual or company acceptable to the City or City staff, it is determined that the Stormwater Ponds (1) have not been maintained in accordance with the terms of this Agreement and the City’s ordinances and applicable state law; or (2) are not functioning as originally designed and intended in the Approved Plans and Specifications; or (3) are in need of repair, the Developer InSite agrees to restore, or cause the restoration of, the Stormwater Ponds so that they function as they were designed and intended in the Approved Plans and Specifications. Developer InSite further agrees that it will not use the Stormwater Ponds for snow storage and will inform its snow removal contractors of this provision of the Agreement. Developer InSite, or the occupant of the Developer InSite Property, shall be solely responsible for the repair and maintenance of the Stormwater Ponds located on the Developer InSite Property, including all costs to repair and maintain said Stormwater Ponds. 2. Developer InSite’s Default. In the event of default by the Developer InSite as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer InSite’s failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and Developer InSite shall within 30 days of receipt of an invoice and reasonable substantiation of such costs, reimburse the City for any reasonable out-of-pocket expense incurred by the City to cure such default. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the Developer InSite Property for the performance of acts when so authorized under this Agreement. The City may, in addition to its other remedies, assess the reasonable out-of-pocket cost in whole or in part against the Developer InSite Property, certify the costs against the Developer InSite Property pursuant to Minn. Stat. 366.012, or take any other action authorized by law to collect such costs from Developer InSite or its successors and assigns, as applicable. 3. Terms and Conditions. This Agreement shall run with the land and shall be binding upon Developer InSite’s successors and assigns with respect to the Developer InSite Property. The terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. Agenda Page 88 3 CITY OF ALBERTVILLE BY:____________________________ _ ___ Jillian Hendrickson, Mayor AND ___________________________ _ __ Kris Luedke, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _______ day of ___________, 2025, by Jillian Hendrickson and by Kris Luedke, the Mayor and City Clerk, respectively, of the City of Albertville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _________________________________________ NOTARY PUBLIC Agenda Page 89 4 ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company By: Larissa A. Addison, Manager STATE OF ILLINOIS ) ) ss. COUNTY OF DU PAGE ) The foregoing instrument was acknowledged before me this ___ day of _____________, 202__, by Larissa A. Addison, a Manager of ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company, on behalf of such limited liability company. NOTARY PUBLIC This Instrument Drafted by: Mike Couri Couri & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 763-497-1930 Agenda Page 90 5 EXHIBIT “A” Approved Grading Plan, and Enumeration of All Approved Plans and Specifications See attached. Agenda Page 91 PROPOSED BUILDING 10,108 SQ. FT. FFE = 963.00 15 14 PROPOSED PROPERTY LINE (TYP)XXXXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXSTORMWATER DETENTION BASIN NWL = 954.42' WQVL= 955.25' 100 YR HWL = 957.89' MB GM ACW EMX XXX XXXX XXXX X XXXXX XXXXUEOE OE OE OE OE OEFBO FBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLT C EX C T C >>>>>>>>>>>>>> >>>>>>>III>>>>>>>>>>IIUTILITY EASEMENT PER DOC. NO. 60960920 IIII>>>>LA BEAUX AVENUE NE (CSAH 19)>>EXISTING BUILDING EXISTING BUILDING SHED 60TH STREET NE 960 965 958 959 961 962 963 964 966 966 966 967 967 967 968 969 955 95 5 9 6 0 960 9 6 5 965953954954956 9 5 6 957 9 5 7 9 5 8 958 9 5 9 959 9 6 1 9619 6 2 9629 6 3 9639 6 4 9649 6 6 96696 7 9 6 7 960965 965 965 9599619629639649669559609659 5 4 9549549569579589599619629639649669 6 7 PROPERTY LINEPROPERTY LINEWETWETWETWE T WETWETWETWET>>>>>>>>>IIIIIIIIIIIIIIIIII>>>>>>>>>>>>>>>>>>>>>>>>GGG G G G G G G G G G G G G G G G UTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT >>>>>>>>>>>>>>>>>>UEUEUEUE UE UE UE UE UE UE UE UE UE UEUEUE>>961.14962.23962.29962.23964.96964.66 962.23 9 6 1 . 1 4 9 6 2 . 2 3 9 6 5 . 3 6 9 6 5 . 1 6 9 6 1 . 3 9 965.26965.16965.569 6 5 . 5 2 960.88962.14962.20962.22962.31962.12962.12962.12962.8796 2 . 3 5 962. 3 5 96 2 . 3 2 96 2 . 2 9962.39962.94962.39962.829 6 3 . 3 3 962.81963.48964.7896 2 . 9 4 9 6 2 . 6 8 9 6 2 . 7 7 9 6 2 . 7 2 961.319 6 0 . 8 2961.09962.29964.829 6 5 . 2 8 9 6 5 . 0 4 965.23965.109 6 5 . 8 3 9 6 5 . 9 3 9 6 6 . 0 2 9 6 2 . 0 5 9 6 2 . 0 5 961.399 6 1 . 36 9 6 1 . 4 5 96 1 . 7 0961.789 6 2 . 5 3 961.51961.919 6 1 . 9 1 9 6 1 . 1 6 9 6 3 . 7 2 963.729 6 4 . 8 7MATCH 964.65MATC H 962 . 9 4 962 . 9 1 962 . 8 5 962 . 8 5 96 2 . 8 1 962.71MATC H963.76MATC H 9 6 3 . 9 8MA TCH 9 6 1 . 6 9 9 6 2 . 2 8 961.57 9 6 1 . 6 7 9 6 2 . 2 1 9 6 2 . 6 5 9 6 3 . 0 9 9 6 3 . 5 3 9 6 3 . 6 7 962.77963.41963.55961.48 961.34 961.72961.60961.51MATC H 961.43MATCH961.70963.07963.22963.379 6 4 . 1 2 9 6 1 . 0 7 963.52960.47962.12 962. 1 2 9 6 2 . 1 2962.87965 962963964 966 955 955 953 954 956 956 957 957 958 9589629 6 3 9 6 4 955 960 956957958959 961962 96196 1962963965 962963964966967955960 953954956957958 959 961962962 963 964 9 6 3 . 0 0 963. 0 0963.00 963.00955 960956 957 958 95 9 965963964961962-7.8%-3.6%-1.5%-1.0%- 3 . 3% - 3 . 3% -3.4%-3.2%-1.9%-2.5%-3. 8 %-1.8%-1.5%-2.6% -1.3% -3.1% -2 . 8 %-1.8%-2.3%-2.4 % -33.3%-33.3%-33.2% -33.3%-33.3%-25.0% -5.5%-33.2%-33.3%-29.3% -20.1%-7.6%9 6 0 . 7 1 960.21TPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPF-1.5%0.0%-1.5%-1.3%-1.4%-1.3%-1.1%-1. 8 %961.80962.00961.61 96 1 . 8 1 96 2 . 2 9 96 1 . 3 2 96 1 . 1 1 96 1 . 5 2 9 6 1 . 3 0 961.15-0.7%-0 .6%961.85961.85 96 2 . 1 7 962.06 96 1 . 6 7 96 1 . 3 7 961.18958.50958.50958.5031013-C4-GRADE DATE DESCRIPTION BY PROJECT TITLE SHEET REVISION SCHEDULE PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\31000 PROJ\31000-31099\31013 CHILDCARE FACILITY ALBERTVILLE-ALBERTVILLE MN\31013 PRODUCTION FILES\31013 CIVIL 3D\PRODUCTION DWGS\31013-C4-GRADE.DWG SAVED BY: ALEX.AMADEOSHEET NOT VALID UNLESS THIS TEXT IS COLOR. - 24-31013 05/14/2024 C4-10 GRADING PLAN C4-10 GRADING PLAN ---- ---- C4-10 MNALBERTVILLE 0 SCALE IN FEET 30 60 CHILDCARE FACILITY ALBERTVILLE PLAZA THIRD ADDITION PLOT DATE: 3/28/2025 10:39 AM09/13/24 SITE PLAN SUBMITTAL #1 ARA INSITE DEVELOPMENT SERVICES, L.L.C. LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PLOT DATE: 3/28/2025 10:39 AM11/21/24 BULLETIN 01 (CITY SUBMITTAL #2) ARA RYAN ANDERSON 09/13/2024 55938 11/21/24 BULLETIN 03 (CITY SUBMITTAL #3) ARA 02/10/24 BULLETIN 04 (CITY SUBMITTAL #4) ARA GRADING LEGEND EXISTING CONTOUR (MINOR INTERVAL) EXISTING CONTOUR (MAJOR INTERVAL) PROPOSED CONTOUR (MINOR INTERVAL) PROPOSED CONTOUR (MAJOR INTERVAL) PROPOSED SPOT ELEVATION PROPOSED TOP BACK OF CURB / TOP OF TURNDOWN WALK SPOT ELEVATION SURFACE GRADE / DIRECTION GENERAL GRADING NOTES PROPOSED CONTOURS SHOW FINISHED GRADE ELEVATIONS. BUILDING PAD AND PAVEMENT HOLD DOWNS ARE NOT INCLUDED. WHEN CONSTRUCTING BUILDING PADS WITH A HOLD DOWN, GRADE AREAS TO ENSURE POSITIVE BUILDING PAD DRAINAGE. REFERENCE SECTION 5.2.2 OF THE GEOTECH REPORT PREPARED BY ECS MIDWEST, LLC FOR COMPACTION FOR FILL PLACEMENT ON A SLOPE. 101 100 101 100 XXX.XXXXX.XX-X.X% REFERENCE SECTION 5.2.2 OF THE GEOTECH REPORT PREPARED BY ECS MIDWEST, LLC FOR COMPACTION FOR FILL PLACEMENT ON A SLOPE. NOTE: EXISTING WETLAND TO BE MITIGATED VIA PURCHASE OF OFFSITE CREDITS. CONTRACTOR TO VERIFY OWNER HAS PURCHASED WETLAND CREDITS PRIOR TO EARTHWORK OPERATIONS Agenda Page 92 6 Arch/Engr/Designer Sht # Description Original Issuance Date Revision Date ADA Architects, Inc. A-0.0 COVER SHEET 6/25/2024 1/29/2025 ADA Architects, Inc. A-0.1 EGRESS/EVACUATION PLAN 6/25/2024 1/29/2025 ADA Architects, Inc. AS-1.0 ARCHITECTURAL SITE PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. AS-1.1 PLAYGROUND PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. AS-1.2 PLAYGROUND DETAILS AND SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. AS-1.3 PLAYGROUND DETAILS AND SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-1.0 FLOOR PLAN 6/25/2024 10/14/2024 ADA Architects, Inc. A-1.1 FLOOR FINISH PLAN 6/25/2024 1/29/2025 ADA Architects, Inc. A-1.2 CASEWORK AND EQUIPMENT PLAN 6/25/2024 10/14/2024 ADA Architects, Inc. A-1.3 ENLARGED PLANS AND CASEWORK & EQUIPMENT SCHEDULES 6/25/2024 1/29/2025 ADA Architects, Inc. A-1.4 ENLARGED PLANS 6/25/2024 10/14/2024 ADA Architects, Inc. A-2.0 REFLECTED CEILING PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. A-3.0 ROOF PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. A-4.0 EXTERIOR ELEVATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.0 BUILDING SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.1 WALL SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.2 WALL SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.3 WALL SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-6.0 INTERIOR DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. A-7.0 INTERIOR ELEVATION DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. A-7.1 INTERIOR ELEVATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-7.2 INTERIOR ELEVATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-7.3 INTERIOR ELEVATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-8.0 DOOR AND WINDOW SCHEDULES 6/25/2024 10/14/2024 ADA Architects, Inc. A-9.0 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.1 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.2 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.3 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.4 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.5 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.6 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.7 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.8 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.9 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.10 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.11 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.12 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S1.0 GENERAL NOTES & SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S1.1 GENERAL NOTES & SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S2.0 FOUNDATION PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. S3.0 ROOF FRAMING PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. S4.0 TYPICAL FOUNDATION DETAILS AND SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S5.0 TYPICAL DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. S5.1 SHEARWALL DETAILS AND TRUSS PROFILES 6/25/2024 8/12/2024 ADA Architects, Inc. S6.0 SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S6.1 SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. M-0.1 MECHANICAL SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. M-0.2 MECHANICAL SCHEDULES 6/25/2024 8/12/2024 ADA Architects, Inc. M-0.3 MECHANICAL DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. M-0.4 MECHANICAL COMPLIANCE 6/25/2024 8/12/2024 ADA Architects, Inc. M-1.0 MECHANICAL PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. P-0.1 PLUMBING LEGENDS AND NOTES 6/25/2024 1/8/2025 ADA Architects, Inc. P-0.2 PLUMBING SCHEDULES 6/25/2024 1/8/2025 ADA Architects, Inc. P-0.3 PLUMBING DETAILS 6/25/2024 11/19/2024 ADA Architects, Inc. P-0.4 PLUMBING DETAILS 6/25/2024 1/8/2025 ADA Architects, Inc. P-0.5 PLUMBING SPECIFICATIONS 6/25/2024 1/8/2025 ADA Architects, Inc. P-1.1 SANITARY & VENT PLUMBING PLAN 6/25/2024 1/8/2025 ADA Architects, Inc. P-1.2 DOMESTIC WATER PLUMBING PLAN 6/25/2024 1/8/2025 ADA Architects, Inc. P-1.3 ROOF PLUMBING PLAN 6/25/2024 10/14/2024 ADA Architects, Inc. P-4.0 SANITARY & VENT RISER DIAGRAM 6/25/2024 1/8/2025 ADA Architects, Inc. P-4.1 DOMESTIC WATER RISER DIAGRAM 6/25/2024 1/29/2025 ADA Architects, Inc. P-4.2 STORM RISER DIAGRAM 6/25/2024 10/14/2024 ADA Architects, Inc. FP-0.1 FIRE PROTECTION LEGENDS AND NOTES 6/25/2024 8/12/2024 ADA Architects, Inc. FP-0.2 FIRE PROTECTION DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. FP-1.0 FIRE PROTECTION PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. E0.1 ELECTRICAL SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. E0.2 ELECTRICAL SITE PLAN 6/25/2024 11/19/2024 ADA Architects, Inc. E1.0 LIGHTING PLAN 6/25/2024 1/29/2025 ADA Architects, Inc. E1.1 POWER PLAN 6/25/2024 12/11/2024 ADA Architects, Inc. E1.2 COMMUNICATIONS PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. E1.3 MECHANICAL PLAN 6/25/2024 8/12/2024 Agenda Page 93 7 ADA Architects, Inc. E2.0 FIRE ALARM DESIGN CRITERIA 6/25/2024 8/12/2024 ADA Architects, Inc. E2.1 FIRE ALARM PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. E3.0 ONE LINE DIAGRAM SCHEDULES, DETAILS & LEGENDS 6/25/2024 11/19/2024 ADA Architects, Inc. E3.1 ELECTRICAL PANEL SCHEDULES 6/25/2024 8/12/2024 ADA Architects, Inc. E3.2 ELECTRICAL DETAILS 6/25/2024 8/12/2024 I & S Group, Inc. C0-20 SITE DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C0-21 SITE DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C0-22 SITE DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C0-23 SITE DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C1-10 SWPPP NARRATIVE 5/14/2024 2/10/2025 I & S Group, Inc. C1-11 SWPPP NARRATIVE 5/14/2024 2/10/2025 I & S Group, Inc. C1-20 SWPPP DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C1-30 PRE-CONSTRUCTION SWPPP 5/14/2024 2/10/2025 I & S Group, Inc. C1-40 SWPPP 5/14/2024 2/10/2025 I & S Group, Inc. C2-10 EXISTING SITE AND REMOVAL PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C3-10 SITE PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C3-11 TEMPORARY TRAFFIC CONTROL PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C3-20 UTILITY PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C4-10 GRADING PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C5-10 SITE RESTORATION PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C5-20 PLANTING PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C5-30 IRRIGATION PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C5-40 PLANTING DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C6-10 SITE PHOTOMETRIC PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C6-20 SITE PHOTOMETRICS DETAILS 5/14/2024 2/10/2025 Agenda Page 94 EXHIBIT C Site Plan See attached. Agenda Page 95 PROPOSED BUILDING 10,108 SQ. FT. FFE = 963.00 15 14 PROPOSED PROPERTY LINE (TYP)XXXXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXSTORMWATER DETENTION BASIN NWL = 954.42' WQVL= 955.25' 100 YR HWL = 957.89' ST-4 ST-3 S-3 CO-1 ST-2 S-2 MB GM ACW EMX XXX XXXX XXXX X XXXXX XXXXT C EX C T C UTILITY EASEMENT PER DOC. NO. 60960920 LA BEAUX AVENUE NE (CSAH 19)EXISTING BUILDING EXISTING BUILDING SHED 60TH STREET NE ' BUILDING SETBACK10 ' BUILDING SETBACK10 ' BUILDING SETBACK35' PARKING SETBACK5 ' PARKING SETBACK5 ' PARKING SETBACK20' BUILDING SETBACK35PROPERTY LINEPROPERTY LINE' PARKING SETBACK20WETWETWETWE T WETWETWETWET30'20'12'20'24'30' 12' FES-2 FES-1A 30'7.43'13' 8'24'30' COTG R10'9'70'R 1 0 ' 3' ST-5 ST-3A 24'6'8'8'8'9'R3'R3' R 3 'R3'R 3 ' R 1 0 ' R3'R3'R 3 ' 20' 6' 6' 6'30'6'60'10'31013-C3-SITE DATE DESCRIPTION BY PROJECT TITLE SHEET REVISION SCHEDULE PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\31000 PROJ\31000-31099\31013 CHILDCARE FACILITY ALBERTVILLE-ALBERTVILLE MN\31013 PRODUCTION FILES\31013 CIVIL 3D\PRODUCTION DWGS\31013-C3-SITE.DWG SAVED BY: ALEX.AMADEOSHEET NOT VALID UNLESS THIS TEXT IS COLOR. - 24-31013 05/14/2024 C3-10 SITE PLAN C3-10 SITE PLAN ---- ---- C3-10 MNALBERTVILLE 0 SCALE IN FEET 30 60 CHILDCARE FACILITY ALBERTVILLE PLAZA THIRD ADDITION PLOT DATE: 3/28/2025 10:28 AM09/13/24 SITE PLAN SUBMITTAL #1 ARA INSITE DEVELOPMENT SERVICES, L.L.C. LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PLOT DATE: 3/28/2025 10:28 AM11/21/24 BULLETIN 01 (CITY SUBMITTAL #2) ARA RYAN ANDERSON 09/13/2024 55938 11/21/24 BULLETIN 03 (CITY SUBMITTAL #3) ARA 02/10/24 BULLETIN 04 (CITY SUBMITTAL #4) ARA PAVEMENT LEGEND SYMBOL DESCRIPTION BITUMINOUS PAVEMENT CONCRETE PAVEMENT CONCRETE WALK AGGREGATE SURFACING TRASH ENCLOSURE (SEE ARCH. PLANS) GRAVEL ACCESS GATE (TYP) B618 (8") CONCRETE CURB AND GUTTER (TYP) CONCRETE TURNDOWN WALK (TYP) PLAYGROUND (SEE ARCH. PLANS) 7450 SQ. FT. TRAFFIC DIRECTION ARROW (TYP) HEAVY DUTY BITUMINOUS PAVEMENT OUTLOT B ZONING: B-2A PUD OUTLOT A ZONING: B-2A PUD LOT 1 ZONING: B-2A PUD 30' MULTI-TENANT PYLON SIGN (UNDER SEPARATE PERMIT) 6' HIGH FENCE (TYP) (SEE ARCH. PLANS) ACCESSIBLE PARKING SYMBOL (TYP) NO PARKING STRIPING ACCESSIBLE PARKING STALL SIGN (TYP) ACCESSIBLE AISLE NO PARKING SIGN (TYP) STOP BAR AND STOP SIGN (R1-1 STOP SIGN, PLACED WITH SQUARE TUBING AND DG3 REFLECTIVE SHEETING) BUILDING TO REMAIN BUILDING TO REMAIN PLAYGROUND AREA BITUMINOUS TRAIL BITUMINOUS RIGHT TURN LANE (CARRY 1% CROSS SLOPE TO GUTTER) (SEE DETAIL FOR PAVEMENT CROSS SECTION) PAINT TRAFFIC ARROWS - WHITE LATEX PAINT 6" WIDE SOLID STRIP - WHITE LAYTEX TRANSFORMER PAD (REFER TO ELECTRICAL) PAINT PARKING CROSSWALK STRIPING - WHITE LATEX PROPOSED BUILDING 4' WIDE CONCRETE VALLEY GUTTER TO CARRY STORMWATER DRAINAGE ACROSS INTERSECTION (SEE C4-10 GRADNIG PLAN) REVERSE PITCH CURB AND GUTTER (TYP) (SEE DETAIL) ONE-WAY ONLY SIGN (R6-2 ONE WAY SIGN, PLACED WITH SQUARE TUBING AND DG3 REFLECTIVE SHEETING) RIGHT LANE MUST TURN RIGHT SIGN (R3-7R ONE WAY SIGN, PLACED WITH SQUARE TUBING AND DG3 REFLECTIVE SHEETING) DRAINAGE & UTILITY EASEMENT DRAINAGE & UTILITY EASEMENT DRAINAGE & UTILITY EASEMENT DRAINAGE & UTILITY EASEMENT Agenda Page 96 EXHIBIT D Utility Plan See attached. Agenda Page 97 PROPOSED BUILDING 10,108 SQ. FT. FFE = 963.00 15 14 PROPOSED PROPERTY LINE (TYP)XXXXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXSTORMWATER DETENTION BASIN NWL = 954.42' WQVL= 955.25' 100 YR HWL = 957.89' MB EX Serv GM ACW EMX XXX XXXX XXXX X XXXXX XXXXUEOE OE OE OE OE OEFBO FBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLT C EX C T C >>>>>>>>>>>>>> >>>>>>>II>>IUTILITY EASEMENT PER DOC. NO. 60960920EX 15''EX 6''EX 6''EX 12'' EX 12''IIIIEX STM CB R=965.92 I=961.72 I=961.76 EX STM CB R=966.02 I=961.94 >>>>EX 12''EX STM CB R=964.89 I=961.36 EX Sanitary Manhole R=953.36 I=934.77 EX SAN MH R=959.91 I=933.91 LA BEAUX AVENUE NE (CSAH 19)>>I=952.94 EX STM CB R=959.98 I=955.45 I=955.03 EX STM CB R=960.01 I=955.52 EXISTING BUILDING SHED 60TH STREET NE ' BUILDING SETBACK10 ' BUILDING SETBACK10 ' BUILDING SETBACK35' PARKING SETBACK5 ' PARKING SETBACK5 ' PARKING SETBACK20' BUILDING SETBACK35PROPERTY LINEPROPERTY LINE' PARKING SETBACK20WETWETWETWE T WETWETWETWET>>>>>>>>>IIIIIIIIIIIIIIIIII>>>>>>>>>>>>>>>>>>>>>>>>GGG G G G G G G G G G G G G G G G UTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT >>>>>>>>>>>>>>>>>>UEUEUEUE UE UE UE UE UE UE UE UE UE UEUEUE>>P-3 (18") P-2 (30") SP-3B1 12'x4" @ 2.00% SP-2 84'x8" @ 2.00% SP-3B 4'x8" @ 2.00% SP-3C1 34'x6" @ 2.00% P-4 (15") STM SERV. TO OUTLOT A (12") P-1 (15") SP-3B2 56'x4" @ 2.00% LOT B STORM STUB (15") SP-3A 138'x8" @ 2.00% SP-3A1 35'x6" @ 2.00% SP-3C 88'x8" @ 2.00% SP-1 24'x8" @ 2.00% P-5A (8") P-3A (24") P-5 (18")P-1AP-1AP-1AP-1AST-3 R=961.24 I=956.95 (15'') P-4 I=956.95 (8'') P-5A I=956.95 (18'') P-3 ST-2 R=960.21 I=955.66 (24'') P-3A I=955.66 (30'') P-2 FES-2 I=955.30 ST-4 R=961.24 I=957.02 (12'') STM SERV. TO OUTLOT A I=957.02 (15'') P-4 S-2 R=958.38 I=947.40 (8'') SP-3A I=947.40 (8'') SP-2 EX-SAN MH R=953.69 I=945.25 (8'') SP-1 CO-1 R=962.00 I=952.28 (4'') SP-3B2 I=952.28 (4'') SP-3B1 S-3 R=961.03 I=953.00 (6'') SP-3C1 I=952.00 (8'') SP-3C FES-1A I=954.26 COTG 8"X8" WYE ST-3A R=961.73 I=956.14 (18'') P-5 I=956.14 (18'') P-3 I=956.14 (24'') P-3A ST-5 R=959.98 I=956.71 (18'') P-5 S-1 R=955.80 I=945.72 (8'') SP-2 I=945.72 (8'') SP-1 6' X 8" WYE 4' X 8" WYE ST-1 R=958.01 I=952.50 (15'') P-1A I=954.42 (15'') P-1 FES-1 I=952.50 FES-LOT 2 I=957.65 P-6G (8") P-6B (8") P-6D (8") P-5E (8") P-5C (8") 8"X8" WYE STORM DRAIN APRON SCHEDULE APRON NO. FES-1 FES-1A FES-2 FES-LOT 2 APRON SIZE (IN) 15 15 30 15 APRON MATERIAL RC RC RC RC INVERT ELEVATION 952.50 954.26 955.30 957.65 PIPE NO. P-1A P-1 P-2 LOT B STORM STUB STORM DRAIN PIPE SCHEDULE PIPE NO. LOT B STORM STUB P-1 P-1A P-2 P-3 P-3A P-4 P-5 STM SERV. TO OUTLOT A DRAIN FROM FUT. OUTLOT B ST-1 FES-1 ST-2 ST-3 ST-3A ST-4 ST-5 OUTLOT A FUTURE STUB INLET ELEVATION 957.89 954.42 952.50 955.66 956.95 956.14 957.02 956.71 957.43 DRAIN TO FES-LOT 2 FES-1A ST-1 FES-2 ST-3A ST-2 ST-3 ST-3A ST-4 OUTLET ELEVATION 957.65 954.26 952.50 955.30 956.14 955.66 956.95 956.14 957.02 PIPE SIZE (IN) 15 15 15 30 18 24 15 18 12 MATERIAL HDPE HDPE HDPE HDPE HDPE HDPE HDPE PVC PVC PIPE GRADE 1.00% 0.98% 0.00% 0.51% 1.00% 0.40% 1.10% 0.30% 1.00% PIPE LENGTH (FT) 24 17 23 71 81 121 7 192 41 STORM DRAIN STRUCTURE SCHEDULE STRUCTURE NO. ST-2 ST-3 ST-3A ST-4 ST-5 STRUCTURE TYPE MnDOT 4020 MnDOT 4020 MnDOT 4020 CATCH BASIN (TYPE 1) MnDOT 4020 STRUCTURE SIZE (IN) 72 Ø 48 Ø 60 Ø 24 x 36 48 Ø STRUCTURE MATERIAL RC RC RC RC RC CASTING CURB CASTING CURB CASTING CURB CASTING CURB CASTING CURB CASTING * TOP OF CASTING ELEVATION 960.21 961.24 961.73 961.24 959.98 OUTLET INVERT 952.66 953.95 953.14 954.02 953.71 OUTLET PIPE P-2 P-3 P-3A P-4 P-5 SANITARY SEWER STRUCTURE SCHEDULE STRUCTURE NO. S-1 S-2 S-3 STRUCTURE TYPE MnDOT 4007C MnDOT 4007C MnDOT 4007C STRUCTURE SIZE (IN) 48 Ø 48 Ø 48 Ø STRUCTURE MATERIAL RC RC RC CASTING NEENAH R1733 "SANITARY SEWER" STAMP SELF CLEANING PICK HOLES NEENAH R-1733 "SANITARY SEWER" STAMP SELF CLEANING PICK HOLES NEENAH R-1733 "SANITARY SEWER" STAMP SELF CLEANING PICK HOLES STRUCTURE HEIGHT (LN FT) 10.08 10.98 9.03 TOP OF CASTING ELEVATION 955.80 958.38 961.03 INVERT ELEVATION 945.72 947.40 952.00 OUTLET PIPE SP-1 SP-2 SP-3C SANITARY SEWER PIPE SCHEDULE PIPE NO. SP-1 SP-2 SP-3A SP-3A1 SP-3B SP-3B1 SP-3B2 SP-3C SP-3C1 DRAIN FROM S-1 S-2 4' X 8" WYE OUTLOT B SAN STUB 4' X 8" WYE CO-1 COTG S-3 OUTLOT A SAN STUB INLET ELEVATION 945.72 947.40 950.16 952.83 950.24 952.28 953.40 952.00 953.68 DRAIN TO EX-SAN MH S-1 S-2 6' X 8" WYE 6' X 8" WYE 4' X 8" WYE CO-1 6' X 8" WYE S-3 OUTLET ELEVATION 945.25 945.72 947.40 952.13 950.16 952.05 952.28 950.24 953.00 PIPE SIZE 8" 8" 8" 6" 8" 4" 4" 8" 6" MATERIAL PVC PVC PVC PVC PVC PVC PVC PVC PVC PIPE CLASS SDR-35 SDR-35 SDR-35 SCH 40 SDR-35 SDR-35 SDR-35 SDR-35 SCH 40 PIPE GRADE 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% PIPE LENGTH (FT) 24 84 138 35 4 12 56 88 34 ROOF DRAIN SCHEDULE PIPE NO. P-5A P-5B P-5C P-5D P-5E P-6A P-6B P-6C P-6D P-6E P-6F P-6G SP-1 SP-2 SP-3B2 PIPE SIZE (IN) 8 8 8 8 8 8 8 8 8 8 8 8 8 8 4 MATERIAL PVC, SCH 40 PIPE LENGTH (FT) 45 32 93 5 47 13 62 6 56 27 6 73 24 84 56 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 PVC, SCH 40 31013-C3-UTILITY-OA DATE DESCRIPTION BY PROJECT TITLE SHEET REVISION SCHEDULE PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\31000 PROJ\31000-31099\31013 CHILDCARE FACILITY ALBERTVILLE-ALBERTVILLE MN\31013 PRODUCTION FILES\31013 CIVIL 3D\PRODUCTION DWGS\31013-C3-UTILITY-OA.DWG SAVED BY: ALEX.AMADEOSHEET NOT VALID UNLESS THIS TEXT IS COLOR. - 24-31013 05/14/2024 C3-20 UTILITY PLAN C3-20 UTILITY PLAN ---- ---- C3-20 MNALBERTVILLE 0 SCALE IN FEET 30 60 CHILDCARE FACILITY ALBERTVILLE PLAZA THIRD ADDITION PLOT DATE: 3/28/2025 10:37 AM09/13/24 SITE PLAN SUBMITTAL #1 ARA INSITE DEVELOPMENT SERVICES, L.L.C. LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PLOT DATE: 3/28/2025 10:37 AM11/21/24 BULLETIN 01 (CITY SUBMITTAL #2) ARA RYAN ANDERSON 09/13/2024 55938 11/21/24 BULLETIN 03 (CITY SUBMITTAL #3) ARA 02/10/24 BULLETIN 04 (CITY SUBMITTAL #4) ARA CONNECT TO 6" EXISTING WATER (VERIFY SIZE, DEPTH, AND LOCATION) CONNECT TO SANITARY SERVICE LINE EXISTING SANITARY MANHOLE VIA AN INSIDE DROP CONNECTION WITH A RELINER DROP BOWL, AND STAINLESS STEEL FASTENERS. (CONNECTION TO EXISTING MANHOLE SHALL BE CORE CUT AND BOOT SEALED) (CONTRACTOR TO VERIFY SIZE, DEPTH, AND LOCATION) CONSTRUCT WATER SERVICE TO WITHIN 5' OF BUILDING - CONTINUATION TO BUILDING BY OTHERS CAP 6" SANITARY SERVICE CAP 6" SANITARY SERVICE 6"X45° BEND 6"X45° BEND 4"X45° BEND 6" C900 PVC WATERMAIN CAP 6" C900 PVC WATERMAIN CAP 12" STORM SERVICE FIRE HYDRANT 4" C900 PVC FIRE SERVICE, MIN 7.5' BURY DEPTH 6" C900 PVC WATERMAIN CONNECT 6" SCH 40 PVC TO ROOF DRAIN CONNECT 6" SCH 40 PVC TO STORM PIPE WITH 8"X6" 45° WYE (TYP) (SEE DETAIL) 6" SUBDRAIN WITH PVC WYES AT BEND AND START OF RUNS CONNECT 6" SUBDRAIN TO 6" PVC SCH 40 STORM SEWER GAS METER TELECOM SERVICE (BY CENTURYLINK) CONDUIT (BY INSITE) GAS SERVICE (BY CENTERPOINT ENERGY) CONDUIT (BY INSUTE) GAS SERVICE CONNECTION BY CENTERPOINT ENERGY TELECOM. DEMARC CAP 6" C900 PVC WATERMAIN CAP 12" STORM SERVICE 6" C900 PVC WATERMAIN CONNECT TO 6" EXISTING WATER (VERIFY SIZE, DEPTH, AND LOCATION) XFMR(BY XCEL) XFMR PAD (BY INSITE) ELECTRIC METER PRIMARY SERVICE (BY XCEL ENERGY) OUTLOT B ZONING: B-2A PUD OUTLOT A ZONING: B-2A PUD LOT 3 ZONING: B-2A PUD 2" TYPE K WATER SERVICE, MIN 7.5' BURY DEPTH 2" CURB STOP & BOX * TOP OF CASTING ELEVATIONS ON CURB STYLE CATCH BASINS = FORM GRADE, NOT TOP BACK OF CURB BOX ELEVATION 8" ROOF DRAIN OUTLET INTO BASIN WITH 8" FLARED END SECTION AND RIPRAP INV = 958.00 6" C900 PVC WATER SERVICE, MIN 7.5' BURY DEPTH 6" GATE VALVE 6" GATE VALVE 6" GATE VALVE FIRE HYDRANT 10.4'WATER SERVICE AND STORM CROSSINGS: WATER ELEV = 955.00' STORM ELEV. = 958.50' SANITARY AND STORM CROSSING: SANITARY ELEV = 953.00' STORM ELEV. = 958.50' SANITARY, STORM AND WATER CROSSINGS: SANITARY ELEV = 950.80' WATER ELEV = 953.50' STORM ELEV = 956.25' SANITARY AND WATER CROSSING: SANITARY ELEV = 953.25' WATER ELEV = 951.50' STORM AND WATER CROSSING: STORM ELEV = 957.50' WATER ELEV = 953.00' 10.1' SANITARY AND STORM CROSSING: SANITARY ELEV = 952.35' STORM ELEV = 955.85' UTILITY ASTM STANDARDS TYPE MATERIAL STANDARD WATER C900 PVC ASTM D1784 / F477 WATER SERVICE TYPE K COPPER ASTM B88 SANITARY PVC, SDR-35 ASTM D3034 STORM ROOF DRAIN PVC, SCH 40 ASTM F441M STORM SEWER HDPE ASTM F714 / F894 STORM/SANITARY CROSSINGS OVER/UNDER WATER SERVICE AND WATER MAIN PVC, SCH 40 ASTM D1785 NOTES: ·ALL UTILITIES ARE TO BE CONSTRUCTED TO 5' OUTSIDE OF BUILDING AND ARE TO BE CONNECTED TO BUILDING BY MECHANICAL/PLUMBING CONTRACTOR. ·ENSURE 18" VERTICAL BETWEEN ALL PROPOSED & EXISTING WATER, STORM, & SANITARY. ·ALL STORM SEWER PIPING WITHIN 10 FEET OF THE BUILDING OR WATER SERVICE LINE SHALL BE TESTED PER SECTION 1107.0 OF THE MINNESOTA STATE PLUMBING CODE. ·ALL STORM AND AND SANITARY CROSSINGS OVER OR UNDER WATER SERVICE OR WATER MAINS SHALL BE PVC, SCH 40 THAT COMPLY WITH ASTM STANDARD D1785, D2665, F891, F1488, OR F1760. ·WATER NOTE #1: ALL WATER MAIN FITTINGS SHALL BE EPOXY COATED AND FITTINGS AND VALVES SHALL BE SECURED UTILIZING STAINLESS STEEL BOLTS, OR APPROVED EQUAL, WITH THE USE OF SACRIFICIAL ZINC ANODE CAPS. ·WATER NOTE #2: TRACER WIRE MATERIALS AND INSTALLATION SHALL BE PER MRWA SPECIFICATIONS AND STANDARDS. SEE OUTLET STRUCTURE DETAIL ON SHEET C0-22 SITE DETAILS DRAINAGE & UTILITY EASEMENT Agenda Page 98 EXHIBIT E Grading Plan See attached. Agenda Page 99 PROPOSED BUILDING 10,108 SQ. FT. FFE = 963.00 15 14 PROPOSED PROPERTY LINE (TYP)XXXXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXSTORMWATER DETENTION BASIN NWL = 954.42' WQVL= 955.25' 100 YR HWL = 957.89' MB GM ACW EMX XXX XXXX XXXX X XXXXX XXXXUEOE OE OE OE OE OEFBO FBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLT C EX C T C >>>>>>>>>>>>>> >>>>>>>III>>>>>>>>>>IIUTILITY EASEMENT PER DOC. NO. 60960920 IIII>>>>LA BEAUX AVENUE NE (CSAH 19)>>EXISTING BUILDING EXISTING BUILDING SHED 60TH STREET NE 960 965 958 959 961 962 963 964 966 966 966 967 967 967 968 969 955 95 5 9 6 0 960 9 6 5 965953954954956 9 5 6 957 9 5 7 9 5 8 958 9 5 9 959 9 6 1 9619 6 2 9629 6 3 9639 6 4 9649 6 6 96696 7 9 6 7 960965 965 965 9599619629639649669559609659 5 4 9549549569579589599619629639649669 6 7 PROPERTY LINEPROPERTY LINEWETWETWETWE T WETWETWETWET>>>>>>>>>IIIIIIIIIIIIIIIIII>>>>>>>>>>>>>>>>>>>>>>>>GGG G G G G G G G G G G G G G G G UTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT >>>>>>>>>>>>>>>>>>UEUEUEUE UE UE UE UE UE UE UE UE UE UEUEUE>>961.14962.23962.29962.23964.96964.66 962.23 9 6 1 . 1 4 9 6 2 . 2 3 9 6 5 . 3 6 9 6 5 . 1 6 9 6 1 . 3 9 965.26965.16965.569 6 5 . 5 2 960.88962.14962.20962.22962.31962.12962.12962.12962.8796 2 . 3 5 962. 3 5 96 2 . 3 2 96 2 . 2 9962.39962.94962.39962.829 6 3 . 3 3 962.81963.48964.7896 2 . 9 4 9 6 2 . 6 8 9 6 2 . 7 7 9 6 2 . 7 2 961.319 6 0 . 8 2961.09962.29964.829 6 5 . 2 8 9 6 5 . 0 4 965.23965.109 6 5 . 8 3 9 6 5 . 9 3 9 6 6 . 0 2 9 6 2 . 0 5 9 6 2 . 0 5 961.399 6 1 . 36 9 6 1 . 4 5 96 1 . 7 0961.789 6 2 . 5 3 961.51961.919 6 1 . 9 1 9 6 1 . 1 6 9 6 3 . 7 2 963.729 6 4 . 8 7MATCH 964.65MATC H 962 . 9 4 962 . 9 1 962 . 8 5 962 . 8 5 96 2 . 8 1 962.71MATC H963.76MATC H 9 6 3 . 9 8MA TCH 9 6 1 . 6 9 9 6 2 . 2 8 961.57 9 6 1 . 6 7 9 6 2 . 2 1 9 6 2 . 6 5 9 6 3 . 0 9 9 6 3 . 5 3 9 6 3 . 6 7 962.77963.41963.55961.48 961.34 961.72961.60961.51MATC H 961.43MATCH961.70963.07963.22963.379 6 4 . 1 2 9 6 1 . 0 7 963.52960.47962.12 962. 1 2 9 6 2 . 1 2962.87965 962963964 966 955 955 953 954 956 956 957 957 958 9589629 6 3 9 6 4 955 960 956957958959 961962 96196 1962963965 962963964966967955960 953954956957958 959 961962962 963 964 9 6 3 . 0 0 963. 0 0963.00 963.00955 960956 957 958 95 9 965963964961962-7.8%-3.6%-1.5%-1.0%- 3 . 3% - 3 . 3% -3.4%-3.2%-1.9%-2.5%-3. 8 %-1.8%-1.5%-2.6% -1.3% -3.1% -2 . 8 %-1.8%-2.3%-2.4 % -33.3%-33.3%-33.2% -33.3%-33.3%-25.0% -5.5%-33.2%-33.3%-29.3% -20.1%-7.6%9 6 0 . 7 1 960.21TPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPF-1.5%0.0%-1.5%-1.3%-1.4%-1.3%-1.1%-1. 8 %961.80962.00961.61 96 1 . 8 1 96 2 . 2 9 96 1 . 3 2 96 1 . 1 1 96 1 . 5 2 9 6 1 . 3 0 961.15-0.7%-0 .6%961.85961.85 96 2 . 1 7 962.06 96 1 . 6 7 96 1 . 3 7 961.18958.50958.50958.5031013-C4-GRADE DATE DESCRIPTION BY PROJECT TITLE SHEET REVISION SCHEDULE PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\31000 PROJ\31000-31099\31013 CHILDCARE FACILITY ALBERTVILLE-ALBERTVILLE MN\31013 PRODUCTION FILES\31013 CIVIL 3D\PRODUCTION DWGS\31013-C4-GRADE.DWG SAVED BY: ALEX.AMADEOSHEET NOT VALID UNLESS THIS TEXT IS COLOR. - 24-31013 05/14/2024 C4-10 GRADING PLAN C4-10 GRADING PLAN ---- ---- C4-10 MNALBERTVILLE 0 SCALE IN FEET 30 60 CHILDCARE FACILITY ALBERTVILLE PLAZA THIRD ADDITION PLOT DATE: 3/28/2025 10:39 AM09/13/24 SITE PLAN SUBMITTAL #1 ARA INSITE DEVELOPMENT SERVICES, L.L.C. LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PLOT DATE: 3/28/2025 10:39 AM11/21/24 BULLETIN 01 (CITY SUBMITTAL #2) ARA RYAN ANDERSON 09/13/2024 55938 11/21/24 BULLETIN 03 (CITY SUBMITTAL #3) ARA 02/10/24 BULLETIN 04 (CITY SUBMITTAL #4) ARA GRADING LEGEND EXISTING CONTOUR (MINOR INTERVAL) EXISTING CONTOUR (MAJOR INTERVAL) PROPOSED CONTOUR (MINOR INTERVAL) PROPOSED CONTOUR (MAJOR INTERVAL) PROPOSED SPOT ELEVATION PROPOSED TOP BACK OF CURB / TOP OF TURNDOWN WALK SPOT ELEVATION SURFACE GRADE / DIRECTION GENERAL GRADING NOTES PROPOSED CONTOURS SHOW FINISHED GRADE ELEVATIONS. BUILDING PAD AND PAVEMENT HOLD DOWNS ARE NOT INCLUDED. WHEN CONSTRUCTING BUILDING PADS WITH A HOLD DOWN, GRADE AREAS TO ENSURE POSITIVE BUILDING PAD DRAINAGE. REFERENCE SECTION 5.2.2 OF THE GEOTECH REPORT PREPARED BY ECS MIDWEST, LLC FOR COMPACTION FOR FILL PLACEMENT ON A SLOPE. 101 100 101 100 XXX.XXXXX.XX-X.X% REFERENCE SECTION 5.2.2 OF THE GEOTECH REPORT PREPARED BY ECS MIDWEST, LLC FOR COMPACTION FOR FILL PLACEMENT ON A SLOPE. NOTE: EXISTING WETLAND TO BE MITIGATED VIA PURCHASE OF OFFSITE CREDITS. CONTRACTOR TO VERIFY OWNER HAS PURCHASED WETLAND CREDITS PRIOR TO EARTHWORK OPERATIONS Agenda Page 100 EXHIBIT F Landscaping Plan See attached. Agenda Page 101 PROPOSED BUILDING 10,108 SQ. FT. FFE = 963.00 15 14 PROPOSED PROPERTY LINE (TYP)XXXXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXSTORMWATER DETENTION BASIN NWL = 954.42' WQVL= 955.25' 100 YR HWL = 957.89' MB GM ACW EMX XXX XXXX XXXX X XXXXX XXXXUEOE OE OE OE OE OEFBO FBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLT C EX C T C >>>>>>>>>>>>>> >>>>>>>III>>>>>>>>>>IIUTILITY EASEMENT PER DOC. NO. 60960920 IIII>>>>LA BEAUX AVENUE NE (CSAH 19)>>EXISTING BUILDING EXISTING BUILDING SHED 60TH STREET NE PROPERTY LINEPROPERTY LINEWETWETWETWE T WETWETWETWET>>>>>>>>>IIIIIIIIIIIIIIIIII>>>>>>>>>>>>>>>>>>>>>>>>GGG G G G G G G G G G G G G G G G UTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT >>>>>>>>>>>>>>>>>>UEUEUEUE UE UE UE UE UE UE UE UE UE UEUEUE>>(2) GT-H (2) GT-H (1) GT-H (13) SH-P (4) SR-C (4) HP-I (6) SR-C 965962963964966967965 962 962 963 963 963 964 966 955 953 954 956957958 959 965961961962963964961 961 9 6 1 961 961 962 962 962962 963 963 963 963 963964964 964 964 (6) PG-D CODE QTY BOTANICAL / COMMON NAME SIZE ROOT EVERGREEN/CONFEROUS TREES PG-D 6 PICEA GLAUCA DENSATA / BLACK HILLS SPRUCE 6` HT. MIN.B & B SHADE TREES GT-H 5 GLEDITSIA TRIACANTHOS / HONEY LOCUST 3" CAL B & B DECIDUOUS SHRUBS HP-I 4 HYDRANGEA PANICULATA 'ILVOBO' / BOBO® PANICLE HYDRANGEA3 GAL CONT SR-C 10 SYMPHORICARPOS RIVULARIS / COMMON WHITE SNOWBERRY3 GAL CONT ORNAMENTAL GRASSES SH-P 13 SPOROBOLUS HETEROLEPIS / PRAIRIE DROPSEED 1 GAL CONT PLANT SCHEDULE 31013-C5-LAND DATE DESCRIPTION BY PROJECT TITLE SHEET REVISION SCHEDULE PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\31000 PROJ\31000-31099\31013 CHILDCARE FACILITY ALBERTVILLE-ALBERTVILLE MN\31013 PRODUCTION FILES\31013 CIVIL 3D\PRODUCTION DWGS\31013-C5-LAND.DWG SAVED BY: ALEX.AMADEOSHEET NOT VALID UNLESS THIS TEXT IS COLOR. - 24-31013 05/14/2024 C5-20 PLANTING PLAN C5-20 PLANTING PLAN ---- ---- C5-20 MNALBERTVILLE 0 SCALE IN FEET 30 60 CHILDCARE FACILITY ALBERTVILLE PLAZA THIRD ADDITION PLOT DATE: 3/28/2025 10:40 AM09/13/24 SITE PLAN SUBMITTAL #1 ARA INSITE DEVELOPMENT SERVICES, L.L.C. LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PLOT DATE: 3/28/2025 10:40 AM11/21/24 BULLETIN 01 (CITY SUBMITTAL #2) ARA RYAN ANDERSON 09/13/2024 55938 11/21/24 BULLETIN 03 (CITY SUBMITTAL #3) ARA 02/10/24 BULLETIN 04 (CITY SUBMITTAL #4) ARA ZONING LANDSCAPE REQUIREMENTS ZONING: B-2A INTERIOR PARKING LOT LANDSCAPING: 1. ALL PARKING LOTS SHALL BE DESIGNED TO INCORPORATE UNPAVED, LANDSCAPED ISLANDS AS REQUIRED BY THE CITY. 2. ALL LANDSCAPED ISLANDS SHALL CONTAIN A MINIMUM OF ONE HUNDRED EIGHTY (180) SQUARE FEET. 3. ALL LANDSCAPED ISLANDS SHALL BE PROVIDED WITH DECIDUOUS SHADE TREES, ORNAMENTAL OR EVERGREEN TREES, PLUS GROUND COVER, MULCH OR SHRUBBERY. 4. PARKING LOT LANDSCAPE TREES SHALL BE PROVIDED AT THE RATE OF ONE TREE FOR EACH FIFTEEN (15) PARKING SPACES, OR MAJOR FRACTION THEREOF. 5. PARKING LOT ISLANDS MUST HAVE A RAISED CONCRETE PERIMETER CURB FENCING AND SCREENING: 1. WHERE ANY BUSINESS OR INDUSTRIAL USE (I.E., STRUCTURE, PARKING OR STORAGE) ABUTS PROPERTY ZONED FOR RESIDENTIAL USE, THAT BUSINESS OR INDUSTRY SHALL PROVIDE SCREENING ALONG THE BOUNDARY OF THE RESIDENTIAL PROPERTY. SCREENING SHALL ALSO BE PROVIDED WHERE A BUSINESS OR INDUSTRY IS ACROSS THE STREET FROM A RESIDENTIAL ZONE, BUT NOT ON THAT SIDE OF A BUSINESS OR INDUSTRY CONSIDERED TO BE THE FRONT (AS DEFINED BY THIS ORDINANCE). 2. ALL FENCING AND SCREENING SPECIFICALLY REQUIRED BY THIS ORDINANCE SHALL BE SUBJECT TO SECTION 1000.8 OF THIS CHAPTER AND SHALL CONSIST OF EITHER A FENCE OR A GREENBELT PLANTING STRIP AS FOLLOWS: A GREENBELT PLANTING STRIP SHALL CONSIST OF EVERGREEN TREES AND/OR DECIDUOUS TREES AND PLANTS AND SHALL BE OF SUFFICIENT WIDTH AND DENSITY TO PROVIDE AN EFFECTIVE VISUAL SCREEN. THIS PLANTING STRIP SHALL BE DESIGNED TO PROVIDE COMPLETE VISUAL SCREENING TO A MINIMUM HEIGHT OF SIX FEET (6'). EARTH MOUNDING OR BERMS MAY BE USED BUT SHALL NOT BE USED TO ACHIEVE MORE THAN THREE FEET (3') OF THE REQUIRED SCREEN. THE PLANTING PLAN AND TYPE OF PLANTINGS SHALL REQUIRE THE APPROVAL OF THE COUNCIL. Agenda Page 102 EXHIBIT G Photometric Plan See attached. Agenda Page 103 PROPOSED BUILDING 10,108 SQ. FT. FFE = 963.00 15 14 PROPOSED PROPERTY LINE (TYP)XXXXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXSTORMWATER DETENTION BASIN NWL = 954.42' WQVL= 955.25' 100 YR HWL = 957.89'>>>>>>>>>IIIIIIIIIIIIIIIIII>>>>>>>>>>>>>>>>>>>>>>>>GGG G G G G G G G G G G G G G G G UTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT >>>>>>>>>>>>>>>>>>UEUEUEUE UE UE UE UE UE UE UE UE UE UEUEUE>>MB GM ACW EMX XXX XXXX XXXX X XXXXX XXXXUEOE OE OE OE OE OEFBO FBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLT C EX C T C >>>>>>>>>>>>>> >>>>>>>III>>>>>>>>>>IIUTILITY EASEMENT PER DOC. NO. 60960920 IIII>>>>LA BEAUX AVENUE NE (CSAH 19)>>EXISTING BUILDING EXISTING BUILDING SHED 60TH STREET NE PROPERTY LINEPROPERTY LINEWETWETWETWE T WETWETWETWETz z z z 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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DATE DESCRIPTION BY PROJECT TITLE SHEET REVISION SCHEDULE PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\31000 PROJ\31000-31099\31013 CHILDCARE FACILITY ALBERTVILLE-ALBERTVILLE MN\31013 PRODUCTION FILES\31013 CIVIL 3D\PRODUCTION DWGS\31013-C5-LIGHTING.DWG SAVED BY: ALEX.AMADEOSHEET NOT VALID UNLESS THIS TEXT IS COLOR. - 24-31013 05/14/2024 C6-10 SITE PHOTOMETRICS PLAN C6-10 SITE PHOTOMETRICS PLAN ---- ---- C6-10 MNALBERTVILLE 0 SCALE IN FEET 30 60 CHILDCARE FACILITY ALBERTVILLE PLAZA THIRD ADDITION PLOT DATE: 3/28/2025 10:41 AM09/13/24 SITE PLAN SUBMITTAL #1 ARA INSITE DEVELOPMENT SERVICES, L.L.C. LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PLOT DATE: 3/28/2025 10:41 AM11/21/24 BULLETIN 01 (CITY SUBMITTAL #2) ARA RYAN ANDERSON 09/13/2024 55938 11/21/24 BULLETIN 03 (CITY SUBMITTAL #3) ARA 02/10/24 BULLETIN 04 (CITY SUBMITTAL #4) ARA Agenda Page 104 EXHIBIT H SWPPP See attached. Agenda Page 105 PROPOSED BUILDING 10,108 SQ. FT. FFE = 963.00 PROPOSED PROPERTY LINE (TYP)XXXXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXSTORMWATER DETENTION BASIN NWL = 954.42' WQVL= 955.25' 100 YR HWL = 957.89' MBACWEM X XXX XXXX XXXX X XXXXX XXXXUEOE OE OE OE OE OEFBO FBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOFBOUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLUTLT C EX C T C >>>>>>>>>>>>>> >>>>>>>I>>UTILITY EASEMENT PER DOC. NO. 60960920 IIII>>LA BEAUX AVENUE NE (CSAH 19)>>EXISTING BUILDING SHED 60TH STREET NE 960 965 958 959 961 962 963 964 966 966 966 967 967 967 968 969 955 95 5 9 6 0 960 9 6 5 965953954954956 9 5 6 957 9 5 7 9 5 8 958 9 5 9 959 9 6 1 9619 6 2 9629 6 3 9639 6 4 9649 6 6 9669 6 7 9 6 7 960965 965 965 9599619629639649669559609659 5 4 95495495695795895996196 29639649669 6 7 PROPERTY LINEPROPERTY LINEWETWETWETWE T WETWETWETWET>>>>>>>>>IIIIIIIIIIIIIIIIII>>>>>>>>>>>>>>>>>>>>>>>>GGG G G G G G G G G G G G G G G G UTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT >>>>>>>>>>>>>>>>>>UEUEUEUE UE UE UE UE UE UE UE UE UE UEUEUE>>SF SF SF SF SF SFSFSFSF SF SF SF SF SF SFSFSFSF SF SF SF SF SFSFSFSFSFSFSFSFSFSFSFSF SF SF SF SF SFSFSFSF965 962963964966 955 955 953 954 956 956 957 957 958 958 955 9 5 5 955 960956 956956 957 957957 958958 958 9599629 6 3 9 6 4 955 960 956957958959 961962 96196 1962963965 962963964966967955960 953954956957958 959 961962962 963 964 TPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPF31013-C1-SWPPP DATE DESCRIPTION BY PROJECT TITLE SHEET REVISION SCHEDULE PROJECT NO. FILE NAME DESIGNED BY ORIGINAL ISSUE DATE DRAWN BY CLIENT PROJECT NO. REVIEWED BY WITHOUT PRIOR WRITTEN CONSENT. INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\31000 PROJ\31000-31099\31013 CHILDCARE FACILITY ALBERTVILLE-ALBERTVILLE MN\31013 PRODUCTION FILES\31013 CIVIL 3D\PRODUCTION DWGS\31013-C1-SWPPP.DWG SAVED BY: ALEX.AMADEOSHEET NOT VALID UNLESS THIS TEXT IS COLOR. - 24-31013 05/14/2024 C1-40 SWPPP C1-40 SWPPP ---- ---- C1-40 MNALBERTVILLE 0 SCALE IN FEET 30 60 CHILDCARE FACILITY ALBERTVILLE PLAZA THIRD ADDITION PLOT DATE: 3/28/2025 10:45 AM09/13/24 SITE PLAN SUBMITTAL #1 ARA INSITE DEVELOPMENT SERVICES, L.L.C. LIC. NO.DATE PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PLOT DATE: 3/28/2025 10:45 AM11/21/24 BULLETIN 01 (CITY SUBMITTAL #2) ARA RYAN ANDERSON 09/13/2024 55938 11/21/24 BULLETIN 03 (CITY SUBMITTAL #3) ARA 02/10/24 BULLETIN 04 (CITY SUBMITTAL #4) ARA TYPE III BARRIER EROSION CONTROL LEGEND SYMBOL DESCRIPTION SILT FENCE, PREASSEMBLED STORM DRAIN INLET PROTECTION CONCRETE WASHOUT AREA SEDIMENT CONTROL LOG TREE PROTECTION FENCE STABILIZED CONSTRUCTION EXIT EROSION CONTROL BLANKET, CATEGORY 20 TURF REINFORCEMENT MAT, CATEGORY 3 EXISTING DRAINAGE ARROW PROPOSED DRAINAGE ARROW EXISTING CONTOUR (MINOR INTERVAL) EXISTING CONTOUR (MAJOR INTERVAL) PROPOSED CONTOUR (MINOR INTERVAL) PROPOSED CONTOUR (MAJOR INTERVAL) SEE SITE RESTORATION PLAN FOR FINAL TURF ESTABLISHMENT. NOTE: SWPPP COVERAGE INCLUDES ELECTRIC, GAS, TELEPHONE, AND CABLE INSTALLATION. EACH COMPANY OR THEIR SUBCONTRACTOR IS RESPONSIBLE TO FOLLOW THE REQUIREMENTS OF THIS SWPPP INCLUDING PROVIDING THEIR OWN RESTORATION IF INSTALLATION OCCURS AFTER PRIMARY INSTALLATION OF SEEDING/SODDING/MULCHING DURING CONSTRUCTION OF EACH UTILITY. SF TPF TPF 101 100 101 100 ALL CONSTRUCTION TRAFFIC SHALL OCCUR FROM LABEAUX AVENUE AND NO OTHER LOCATIONS FOR CONSTRUCTION TRAFFIC OCCURRING IS ALLOWED PROJECT LOCATION RECEIVING WATER (WETLAND) 1-MILE RADIUS FROM PROJECT LOCATION TURF REINFORCEMENT MAT (SEE CITY STD DETAIL 3-201 ON C1-20 SWPPP DETAILS) Agenda Page 106 EXHIBIT I Enumeration of Plans Arch/Engr/Designer Sht # Description Original Issuance Date Revision Date ADA Architects, Inc. A-0.0 COVER SHEET 6/25/2024 1/29/2025 ADA Architects, Inc. A-0.1 EGRESS/EVACUATION PLAN 6/25/2024 1/29/2025 ADA Architects, Inc. AS-1.0 ARCHITECTURAL SITE PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. AS-1.1 PLAYGROUND PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. AS-1.2 PLAYGROUND DETAILS AND SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. AS-1.3 PLAYGROUND DETAILS AND SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-1.0 FLOOR PLAN 6/25/2024 10/14/2024 ADA Architects, Inc. A-1.1 FLOOR FINISH PLAN 6/25/2024 1/29/2025 ADA Architects, Inc. A-1.2 CASEWORK AND EQUIPMENT PLAN 6/25/2024 10/14/2024 ADA Architects, Inc. A-1.3 ENLARGED PLANS AND CASEWORK & EQUIPMENT SCHEDULES 6/25/2024 1/29/2025 ADA Architects, Inc. A-1.4 ENLARGED PLANS 6/25/2024 10/14/2024 ADA Architects, Inc. A-2.0 REFLECTED CEILING PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. A-3.0 ROOF PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. A-4.0 EXTERIOR ELEVATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.0 BUILDING SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.1 WALL SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.2 WALL SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.3 WALL SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-6.0 INTERIOR DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. A-7.0 INTERIOR ELEVATION DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. A-7.1 INTERIOR ELEVATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-7.2 INTERIOR ELEVATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-7.3 INTERIOR ELEVATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-8.0 DOOR AND WINDOW SCHEDULES 6/25/2024 10/14/2024 ADA Architects, Inc. A-9.0 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.1 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.2 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.3 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.4 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.5 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.6 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.7 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.8 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.9 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.10 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.11 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.12 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S1.0 GENERAL NOTES & SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S1.1 GENERAL NOTES & SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S2.0 FOUNDATION PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. S3.0 ROOF FRAMING PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. S4.0 TYPICAL FOUNDATION DETAILS AND SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S5.0 TYPICAL DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. S5.1 SHEARWALL DETAILS AND TRUSS PROFILES 6/25/2024 8/12/2024 ADA Architects, Inc. S6.0 SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. S6.1 SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. M-0.1 MECHANICAL SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. M-0.2 MECHANICAL SCHEDULES 6/25/2024 8/12/2024 ADA Architects, Inc. M-0.3 MECHANICAL DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. M-0.4 MECHANICAL COMPLIANCE 6/25/2024 8/12/2024 ADA Architects, Inc. M-1.0 MECHANICAL PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. P-0.1 PLUMBING LEGENDS AND NOTES 6/25/2024 1/8/2025 ADA Architects, Inc. P-0.2 PLUMBING SCHEDULES 6/25/2024 1/8/2025 ADA Architects, Inc. P-0.3 PLUMBING DETAILS 6/25/2024 11/19/2024 ADA Architects, Inc. P-0.4 PLUMBING DETAILS 6/25/2024 1/8/2025 ADA Architects, Inc. P-0.5 PLUMBING SPECIFICATIONS 6/25/2024 1/8/2025 ADA Architects, Inc. P-1.1 SANITARY & VENT PLUMBING PLAN 6/25/2024 1/8/2025 ADA Architects, Inc. P-1.2 DOMESTIC WATER PLUMBING PLAN 6/25/2024 1/8/2025 ADA Architects, Inc. P-1.3 ROOF PLUMBING PLAN 6/25/2024 10/14/2024 ADA Architects, Inc. P-4.0 SANITARY & VENT RISER DIAGRAM 6/25/2024 1/8/2025 ADA Architects, Inc. P-4.1 DOMESTIC WATER RISER DIAGRAM 6/25/2024 1/29/2025 ADA Architects, Inc. P-4.2 STORM RISER DIAGRAM 6/25/2024 10/14/2024 ADA Architects, Inc. FP-0.1 FIRE PROTECTION LEGENDS AND NOTES 6/25/2024 8/12/2024 ADA Architects, Inc. FP-0.2 FIRE PROTECTION DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. FP-1.0 FIRE PROTECTION PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. E0.1 ELECTRICAL SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. E0.2 ELECTRICAL SITE PLAN 6/25/2024 11/19/2024 ADA Architects, Inc. E1.0 LIGHTING PLAN 6/25/2024 1/29/2025 ADA Architects, Inc. E1.1 POWER PLAN 6/25/2024 12/11/2024 ADA Architects, Inc. E1.2 COMMUNICATIONS PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. E1.3 MECHANICAL PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. E2.0 FIRE ALARM DESIGN CRITERIA 6/25/2024 8/12/2024 ADA Architects, Inc. E2.1 FIRE ALARM PLAN 6/25/2024 8/12/2024 Agenda Page 107 27 ADA Architects, Inc. E3.0 ONE LINE DIAGRAM SCHEDULES, DETAILS & LEGENDS 6/25/2024 11/19/2024 ADA Architects, Inc. E3.1 ELECTRICAL PANEL SCHEDULES 6/25/2024 8/12/2024 ADA Architects, Inc. E3.2 ELECTRICAL DETAILS 6/25/2024 8/12/2024 I & S Group, Inc. C0-20 SITE DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C0-21 SITE DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C0-22 SITE DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C0-23 SITE DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C1-10 SWPPP NARRATIVE 5/14/2024 2/10/2025 I & S Group, Inc. C1-11 SWPPP NARRATIVE 5/14/2024 2/10/2025 I & S Group, Inc. C1-20 SWPPP DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C1-30 PRE-CONSTRUCTION SWPPP 5/14/2024 2/10/2025 I & S Group, Inc. C1-40 SWPPP 5/14/2024 2/10/2025 I & S Group, Inc. C2-10 EXISTING SITE AND REMOVAL PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C3-10 SITE PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C3-11 TEMPORARY TRAFFIC CONTROL PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C3-20 UTILITY PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C4-10 GRADING PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C5-10 SITE RESTORATION PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C5-20 PLANTING PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C5-30 IRRIGATION PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C5-40 PLANTING DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. C6-10 SITE PHOTOMETRIC PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C6-20 SITE PHOTOMETRICS DETAILS 5/14/2024 2/10/2025 Agenda Page 108 MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF ALBERTVILLE AND THE OWNERS OF LOTS WITHIN ALBERTVILLE PLAZA ADDITIONS FOR THE MAINTENANCE OF REAL PROPERTY LOCATED IN THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA Agenda Page 109 2 CITY OF ALBERTVILLE MAINTENANCE AGREEMENT FOR LOTS IN ALBERTVILLE PLAZA ADDITIONS THIS MAINTENANCE AGREEMENT FOR LOTS IN ALBERTVILLE PLAZA ADDITIONS (this “Agreement”), made this ______ day of_____________ 2025, by and between EXCELSIOR PROPERTY, LLC, a Minnesota limited liability company, JKZ HOLDINGS, LLC, a Minnesota limited liability company, PHOENIX RENTALS IV, LLC, a Minnesota limited liability company, REICHERT PROPERTIES LLC, a Minnesota limited liability company, and BEATRICE RODEN, a single individual (collectively, “Owners”) and the CITY OF ALBERTVILLE, a municipality of the State of Minnesota (“City”). 1. DEFINITIONS. The following terms, unless elsewhere defined specifically in this Agreement, shall have the meanings as set forth below: a. OWNERS. “Owners” initially shall mean Excelsior Property, LLC, JKZ Holdings, LLC, Phoenix Rentals IV, LLC, Reichert Properties LLC, and Beatrice Roden, collectively. It is acknowledged that the Owners may sell the lots in the Plats referred to herein. Each and all subsequent assignees of the Property or any portion thereof shall collectively be deemed to be an Owner for the purpose of this Agreement. If any portion of the Property becomes subject to a contract for deed, the contract for deed vendee shall be deemed to be the Owner unless the contract for deed specifies otherwise and notice thereof is given to the City. In the event of an assignment, transfer or conveyance of the ownership of any of the Property without retaining any beneficial interest other than under the terms of a mortgage or without simultaneously acquiring a new interest in such parcel by way of leasehold, life estate or other possessory interest, then the obligations hereunder will be deemed assigned, transferred and conveyed to such transferee, assignee, or grantee; the obligations will be deemed assumed by such transferee, assignee or grantee with the interest so acquired and the assignor, transferor, or grantor shall be deemed released from its obligations and liabilities hereunder effective as of the date of such assignment, transfer and conveyance. Notwithstanding the foregoing, any mortgagee who takes title to such parcel by foreclosure or deed in lieu of foreclosure shall be liable to perform the obligations burdening such Property pursuant to this Agreement. b. PLAT. “Plat” means the combined plats of Albertville Plaza, Albertville Plaza Second Addition and Albertville Plaza Third Addition, all of which are on file and of record in the office of the Wright County Recorder comprised of real property Agenda Page 110 3 located in the City of Albertville, Wright County, Minnesota (collectively, the “Plat”). c. PROPERTY. Property means Lots 1, 2, and 3 of Block 1 Albertville Plaza, and Lots 1 and 2 of Block 1, Albertville Plaza Second Addition, and Lot 1 of Block 1 and Outlots A and B, Albertville Plaza Third Addition (collectively, the “Property”), according to the plats on file at the Wright County Recorder’s Office, Wright County, Minnesota. d. SANITARY SEWER. “Sanitary Sewer” shall mean all sanitary sewer mains constructed in the Plat, but shall not include the stubs to the individual lots within the Plat. The legal description for the easement area of the portion of the Plat for Sanitary Sewer is set forth on the attached Exhibit A. e. STREETS. “Streets” shall mean the three roadways constructed within the Plat (“Streets”). The legal description for the area comprising the Streets is set forth on the attached Exhibit B. f. STORM SEWER. “Storm Sewer” shall mean all storm sewer pipes and appurtenances constructed in the Albertville Plaza plat and the Albertville Plaza Second Addition plat. The legal description for the easement area of the portion of the Storm Sewer is set forth on the attached Exhibit C. The storm sewer located in the Albertville Plaza Third Addition plat shall not be considered as part of the Storm Sewer that is governed by this Agreement. g. STORM WATER PONDS. Storm Water Ponds shall mean those portions of the Albertville Plaza Second Addition plat which have been set aside as ponds into which storm water drains (“Storm Water Ponds”). The legal description for the Storm Water Ponds is set forth on the attached Exhibit D. Ponds constructed in the Albertville Plaza Third Addition plat shall not be considered as part of the Storm Water Ponds that are governed by this Agreement. h. WATER MAIN. “Water Main” shall mean the municipal water pipes and appurtenances constructed in the Plat but shall not include the stubs to the individual lots within the Plat. The legal description for the easement area of the portion of the Plat for Water Main is set forth on the attached Exhibit A. 2. MAINTENANCE OF STREETS, UTILITIES AND PONDING. a. STREETS. The City shall provide snow and ice control services to the Streets identified on Exhibit B at the Owners’ expense as set forth in paragraph 3.a below. i. The Owners, via the Albertville Plaza Association, a property owners’ association (“Association”), shall provide paving, seal coating, pothole patching, crack sealing, curb repair and replacement, road Agenda Page 111 4 reconstruction and other non-snow and non-ice control maintenance to such Streets at their own expense. A copy of the Articles of Incorporation of the Albertville Plaza Association is attached hereto as Exhibit E. ii. The Owners shall maintain such Streets in a commercially reasonable manner, similar to the condition that the City maintains public streets abutting commercial businesses elsewhere in the City. iii. Notwithstanding the foregoing provisions of this §2.a, neither shall the owner nor their successors or assigns of the following lots be responsible for any deferred maintenance of the streets in Albertville Plaza and/or Albertville Plaza Second Addition, or any costs, expenses, fees or the like associated therewith (“Deferred Maintenance Costs”) as set forth in Schedule 1 hereto: (1) Lot 1, Block 1, Albertville Plaza Third Addition; (2) Outlot A, Albertville Plaza Third Addition and (3) Outlot B, Albertville Plaza Third Addition. b. SANITARY SEWER AND WATER MAIN. The City shall maintain, as a regular expense of the City’s utility funds, the Sanitary Sewer main and municipal Water Main that are located in the Streets described on Exhibit B, provided, however, that in the event the City must excavate in the Streets to maintain the sewer or water line, the City shall restore that portion of the Streets that are disturbed to grade in gravel form and the Owners shall be responsible for patching the bituminous pavement or replacing curb that had to be removed. The City reserves the right to determine how replacement of the Sanitary Sewer and Water Mains may be paid for in the future should such replacement be needed. The City’s policy at the time of the execution of this Agreement is that such replacement is paid for with City utility funds. However, the parties recognize that this funding policy may change in the future, and this Agreement shall not be interpreted to bind the City to pay for the replacement of Sanitary Sewer and Water Mains described in this paragraph. Rather, whether such replacement costs are to be paid for using City utility funds or are specially assessed to the abutting property owners shall be determined at the time such replacement may occur. It is the expectation of the parties that at the time of such future replacement, the City will endeavor to apply the same funding policy that it has applied to the then immediately prior two instances of Sanitary Sewer and Water Main replacement. STORM SEWER AND PONDING. The City shall maintain, repair, and replace the Storm Sewer, and Storm Water Ponds (including cleaning such Storm Water Ponds) located on the Albertville Plaza and Albertville Plaza Second Addition plats in the same manner and with the same degree of care as if such items were owned Agenda Page 112 5 by the City, but such maintenance shall be at the expense only of the owners of lots in the Albertville Plaza and Albertville Plaza Second Addition plats as set forth in paragraph 3.b below. Such maintenance shall include periodic dredging of the Storm Water Ponds but not mowing the grass around such Storm Water Ponds. In the event the City must excavate to maintain the Storm Sewer lines, the City shall restore that portion of the Storm Sewer line that had improvements located above it to grade in gravel form and the Albertville Plaza and Albertville Plaza Second Addition owners shall be responsible for patching concrete or bituminous pavement or replacing any structures that had to be removed. The owners of the ponds in Albertville Plaza Third Addition shall each maintain the storm sewer and ponds located on their own lots in good working condition at all times at their own expense. 3. MAINTENANCE COSTS. a. Streets Maintenance Cost. The City will bill the Owners for the costs of performing the street maintenance services under this Agreement on a quarterly basis, provided, however, that the City may forward such billing to the Association to which all properties subject to this Agreement are currently members, at the request of all such members. In such case, the Association shall pay such billing, but the City retains the right to seek payment from the Owners in the event the Association fails to fully pay such billing in a timely manner. Such costs shall be reasonable and in proportion to the actual costs of the City performing such services. Initially, the City’s cost for each time it snowplows the Streets shall be $_______. The City may change the initial per snowplowing charge as its costs of performing such service change. Such cost modifications for the next winter snowplowing season shall be provided to the Owners in writing by September 30th immediately prior to the winter snowplowing season that such cost changes will be effective. The total costs of maintenance of the Streets, and any Deferred Maintenance Costs set forth on Schedule 1 shall be allocated among the lots in proportion to their square footage as listed on Schedule 2 attached hereto. b. Storm Sewer and Storm Water Ponds Maintenance Cost. The City will bill the owners of lots in Albertville Plaza and Albertville Plaza Second Addition for the costs of performing the Storm Sewer and Storm Water Ponds maintenance services under this Agreement on a quarterly basis. Such costs shall be reasonable and in proportion to the actual costs of the City performing such services. The total costs of maintenance of the Storm Sewer and Storm Water Ponds shall be allocated among the Albertville Plaza and Albertville Plaza Second Addition lots in proportion to their square footage as listed on Schedule 2 attached hereto. c. Terms of Payment. Agenda Page 113 6 Such charges shall be invoiced to the Owners and shall be due and payable by the Owners within sixty (60) days after invoicing (“Due Date”) by the City. Bills not paid by the Due Date shall incur the standard penalty and interest established by the City for utility bills within the City. If any such payment is not made in full when due, the City may certify to Wright County the amounts due and payable with real estate taxes in the next calendar year; the parties agree that such certifications may be made under Minnesota Statutes, Chapter 444 or Chapter 429, in a manner similar to certifications for unpaid utility bills, or pursuant to Minn. Stat. §366.012. Notwithstanding the foregoing, the Owners shall have thirty (30) days after receipt of the bills referenced above to object to the amounts stated thereon. Such objections shall be made directly to the Albertville City Administrator. If an Owner fails to raise a timely objection, then said Owner shall be deemed to have waived any and all procedural and substantive objections to the imposition of such charges on the respective lots. Furthermore, the Owners will be deemed to have waived any and all procedural and substantive objections to special assessments for the aforementioned reasonable costs, including, but not limited to, notice and hearing requirements, and any claims that the charges or special assessments exceed the benefits to the lot. The Owners waive any appeal rights otherwise available pursuant to Minn. Stat. §429.081 if any such rights are not exercised within thirty (30) days of the adoption of such special assessment by the City Council. 4. INDEMNIFICATION OF CITY. Owners shall indemnify, defend and hold the City, its council, agents, employees, attorneys, and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties, and attorney’s fees, that the City incurs or suffers which arise out of, result from, or relate to the City’s performance of its duties hereunder unless the claimed damages are a direct result of the negligence of the City and its employees, agents, and/or contractors. 5. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time by giving the Owners 365 days written notice of such termination. The Owners may terminate this Agreement by giving the City 365 days written notice of such termination, provided such notice is signed by all Owners. Notwithstanding the foregoing 365-day written notice requirement, the City may terminate this Agreement if, after 30 days written notice to the Owners that Streets are not being maintained in a commercially reasonable manner, the Owners fail to remedy such maintenance deficiencies. 6. NOTICES. All notices given or required to be given if directed to the City shall be directed to: City of Albertville, c/o City Clerk, P. O. Box 9, Albertville, Minnesota 55301. All notices to the Owners shall be to the addresses to which real estate tax statements are sent to each of the Owners as such addresses are on file with the Wright County Auditor’s Office at the time such notices are sent. As of the date of this Agreement, the Owners addresses for notice purposes are shown on Exhibit F. Agenda Page 114 7 7. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties pertaining to maintenance and supersedes, replaces, terminates and releases all prior maintenance agreements affecting the lots within the Plat including, but not limited to, that certain agreement entitled “Maintenance Agreement by and Between the City of Albertville and the Owners of Lots within Albertville Plaza Addition for the Maintenance Of Real Property Located In the City of Albertville, Wright County, Minnesota” recorded in the Office of the Wright County Recorder as Document Number 733279 on March 6, 2001 as further amended by that certain agreement entitled “Amendment to Maintenance Agreement for Albertville Plaza Amending the Maintenance Agreement Recorded With Wright County Recorder as Document No. 733279” recorded as Doc. No. A 1028678 in the Office of the Wright County Recorder on October 10, 2006. This Agreement shall not supersede, replace, terminate or release any portion of the Developer’s Agreements governing the Plat, such agreements recorded as document numbers 733277 and 1026216, at the Wright County Recorder’s Office, Wright County, Minnesota. The document number assigned the Developer’s Agreement for Albertville Plaza Third Addition once it is recorded shall be attached hereto as Exhibit G. This Agreement shall be governed by Minnesota law. It is the intention of the parties that this Agreement be recorded with the Wright County Recorder and that this Agreement shall run with the Property and all Owners and subsequent Owners of the Property shall be bound by the terms and conditions of this Agreement. [Remainder of page left intentionally blank; signature pages follow.] Agenda Page 115 8 CITY OF ALBERTVILLE a Municipality of the State of Minnesota By_______________________________________ Jillian Hendrickson Its Mayor and By_______________________________________ Kris Luedke Its Clerk STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of _________________, 2025, by Jillian Hendrickson, the Mayor of the City of Albertville, a municipality under the laws of the State of Minnesota, on behalf of the City of Albertville. __________________________________________ Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of _____________ , 2025, by Kris Luedke, the Clerk of the City of Albertville, a municipality under the laws of the State of Minnesota, on behalf of the City of Albertville. __________________________________________ Notary Public Agenda Page 116 9 EXCELSIOR PROPERTY, LLC a Minnesota Limited Liability Company By_______________________________________ _______________________ Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of ____________, 2025, by ________________, the Chief Manager of EXCELSIOR PROPERTY, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________________________ Notary Public Agenda Page 117 10 JKZ HOLDINGS, LLC, a Minnesota limited liability company By_______________________________________ _______________________ Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of _____________, 2025, by ________________, the Chief Manager of JKZ HOLDINGS, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________________________ Notary Public Agenda Page 118 11 PHOENIX RENTALS IV, LLC, a Minnesota limited liability company By_______________________________________ _______________________ Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of _____________, 2025, by ________________, the Chief Manager of PHOENIX RENTALS IV, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________________________ Notary Public Agenda Page 119 12 REICHERT PROPERTIES LLC, a Minnesota limited liability company By _______________________ Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of _______________, 2025, by ________________, the Chief Manager of REICHERT PROPERTIES LLC, a Minnesota limited liability company, on behalf of the limited liability company. ________________________ Notary Public Agenda Page 120 13 Beatrice Irene Roden, an individual ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this _________ day of __________________, 2025, by Beatrice Irene Roden. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Couri & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 763-497-1930 Agenda Page 121 14 EXHIBIT A LEGAL DESCRIPTION FOR THE EASEMENT AREA FOR THE SANITARY SEWER AND WATER MAIN Albertville Plaza [Insert legal description for the easement area for the sanitary sewer and water main]. Albertville Plaza Second Addition [Insert legal description for the easement area for the sanitary sewer and water main]. Albertville Plaza Third Addition OUTLOT A Easement for drainage and utility purposes over, under and across that part of Outlot A, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota lying between the lot lines of said Outlot A and the following described line: Commencing at the northeast corner of said Outlot A; thence South 89 degrees 28 minutes 50 seconds West, assumed bearing, along the north line of said Outlot A a distance of 11.81 feet; thence South 00 degrees 31 minutes 10 seconds East 5.00 feet to the point of beginning of said line; thence South 89 degrees 28 minutes 50 seconds West 141.27 feet; thence South 00 degrees 31 minutes 10 seconds East 5.00 feet; thence South 89 degrees 28 minutes 50 seconds West 181.00 feet; thence South 00 degrees 31 minutes 10 seconds East 146.94 feet; thence North 89 degrees 28 minutes 50 seconds East 17.00 feet; thence South 00 degrees 31 minutes 10 seconds East 15.00 feet; thence North 89 degrees 28 minutes 50 seconds East 268.59 feet; thence along a non-tangential curve concave to the East 171.01 feet a radius of 1502.32 feet and a central angle of 06 degrees 31 minutes 20 seconds to the point of beginning and there terminating. OUTLOT B Easement for drainage and utility purposes over, under and across that part of Outlot B, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota lying between the lot lines of said Outlot B and the following described line: Commencing at the Southeast corner of said Outlot B; thence South 89 degrees 28 minutes 41 seconds West, assumed bearing, along the south line of said Outlot B 10.00 feet to the point of beginning of said line; thence North 00 degrees 36 minutes 56 seconds East 13.01; thence 154.19 feet along a tangential curve concave to the East with a radius of 1502.32 feet and a central angle of 05 degrees 52 minutes 50 seconds to a point 30 feet south of the north line of said Outlot B; thence South 89 degrees 28 minutes 50 seconds West 260.78 feet; thence South 00 degrees 31 minutes 10 seconds East 10.00 feet; thence South 89 degrees 28 minutes 50 seconds West 17.00 feet; thence South 00 degrees 31 minutes 10 seconds East 156.95 feet to the south line of said Outlot B and there terminating. LOT 1, BLOCK 1: Easement for drainage and utility purposes over, under and across that part of Lot 1, Block 1, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota lying between the lot lines of said Lot 1 and the following described line: Commencing at the northeast corner of said Lot 1; thence South 89 degrees 28 minutes 50 seconds West, assumed bearing, along the north line of said Lot 1, 10.00 feet; thence South 00 degrees 31 minutes 10 seconds East 5.00 feet to the point of beginning of said line to be described; thence South 89 degrees 28 minutes 50 seconds West 176.97 feet; thence South 00 degrees 37 minutes 11 seconds West 288.95 feet; thence North 89 degrees 28 minutes 41 seconds East 110.71 feet; thence South 00 degrees 31 minutes 10 seconds East 46.00 feet; thence North 89 degrees Agenda Page 122 15 28 minutes 41 seconds East 72.00 feet; thence North 00 degrees 31 minutes 10 seconds West 212.42 feet; thence South 89 degrees 28 minutes 50 seconds West 10.00 feet; thence North 00 degrees 31 minutes 10 seconds West 10.00 feet; thence North 89 degrees 28 minutes 50 seconds East 10.00 feet; thence North 00 degrees 31 minutes 10 seconds West 112.46 feet to the point of beginning and there terminating. Agenda Page 123 16 EXHIBIT B LEGAL DESCRIPTION FOR THE AREA OF THE STREETS Existing Roadway Easement (i.e. Albertville Plaza): An easement for roadway purposes over, under and across those parts of Lots 1, 2 and 3, Block 1, Albertville Plaza and Lots 1 and 2, Block 1, Albertville Plaza Second Addition according to the record plats thereof, Wright County, Minnesota being a 48.00 foot wide strip of land, the center of said strip is described as follows: Beginning at the northeast corner of said Lot 1, Block 1, Albertville Plaza Second Addition; thence northwesterly along the northerly line of said Lots 1 and 2, Block 1, Albertville Plaza Second Addition, a distance of 349.07 feet, more or less, to the most westerly corner of said Lot 3, Albertville Plaza; thence northwesterly on an assumed bearing of North 65 degrees 23 minutes 25 seconds West along the northerly line of said Lots 1 and 2, Block 1, Albertville Plaza Second Addition, a distance of 75.86 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 100.00 feet, a central angle of 83 degrees 58 minutes 58 seconds and a distance of 146.58 feet to a point of reverse curvature; thence northerly along a tangential curve concave to the west, having a radius of 269.00 feet, a central angle of 28 degrees 04 minutes 03 seconds a distance of 131.78 feet; thence North 09 degrees 28 minutes 30 seconds West, tangent to said last described curve, a distance of 24.02 feet to the intersection with a line 35.40 feet northerly of, measured at a right angle to and parallel with the south line of said Lot 1, Albertville Plaza said point hereinafter referred to as "Point A"; thence continue North 09 degrees 28 minutes 30 seconds West, a distance of 40.00 feet and said center line there terminating. Together with an easement for roadway purposes over, under and across the above-described property, being an 80.00 foot wide strip of land, the center line of which is described as follows: Beginning at the aforementioned said "Point A"; thence North 80 degrees 31 minutes 30 seconds East and parallel with the south line of said Lot 1, Albertville Plaza a distance of 185.79 feet to the east line of said Lot 1 and said center line there terminating. The sidelines of said easements are to be lengthened or shortened so as to begin on the east line of said Lot 3, Albertville Plaza and Lots 1 and 2, Block 1, Albertville Plaza Second Addition and to terminate on the east line of said Lots 1 and 2, Albertville Plaza. Existing Roadway Easement (i.e. Albertville Plaza Second Addition): An easement for ingress and egress purposes over, under and across those parts of Lots 1 and 2, Block 1, ALBERTVILLE PLAZA SECOND ADDITION, according to the recorded plat thereof, Wright County, Minnesota, said easement being a 34.00 foot wide strip of land which Agenda Page 124 17 lies southwesterly of the northeasterly 24.00 feet of said Block 1 and which has a center line described as the common line between said Lots 1 and 2. The sidelines of said easement are to be prolonged or shortened so as to begin on the south line of said Block 1. Together with an easement for ingress and egress purposes over and across said Lot 2, which lies northwesterly of the northwesterly line of the aforedescribed strip of land, which lies southwesterly of a line 24.00 feet southwesterly of and parallel with the northeasterly line of said Block 1 and which lies easterly of a curve concave to the west having a radius of 10.00 feet. Said curve is tangent to said parallel line and said northwesterly line. Proposed Roadway Easement (i.e. Lot 1, Block 1, Albertville Plaza Third Addition): Easement for ingress and egress purposes over that part of Lot 1, Block 1, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota described as follows: Beginning at the northeast corner of said Lot 1; thence South 89 degrees 28 minutes 50 seconds West, assumed bearing, along the north line of said Lot 1 a distance of 21.50 feet; thence South 01 degrees 09 minutes 54 seconds East 342.35 feet; thence North 88 degrees 50 minutes 06 seconds East 17.65 feet to the east line of said Lot 1; thence North 00 degrees 31 minutes 10 seconds West along the east line of said Lot 1 a distance of 342.13 feet to the point of beginning and there terminating. Proposed Roadway Easement (i.e. Outlot A, Albertville Plaza Third Addition): Easement for ingress and egress purposes over that part of Outlot A, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota described as follows: Beginning at the northwest corner of said Outlot A; thence North 89 degrees 28 minutes 50 seconds East, assumed bearing, along the north line of said Outlot A, 19.84 feet; thence South 01 degrees 09 minutes 54 seconds East 171.04 feet; thence southeasterly 7.85 feet along a tangential curve concave to the northeast having a radius of 5.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence North 88 degrees 50 minutes 06 seconds East, tangent to last described curve, 278.76 feet to the east line of said Outlot A; thence Southeasterly along said east line 24.39 feet to the southeast corner of said Outlot A; thence South 89 degrees 28 minutes 50 seconds West along the south line of said Outlot A 301.88 feet to the southwest corner of said Outlot A; thence North 00 degrees 31 minutes 10 seconds West along the west line of said Outlot A, 196.94 feet to the point of beginning and there terminating. Proposed Roadway Easement (Outlot B, Albertville Plaza Third Addition): Agenda Page 125 18 Easement for ingress and egress purposes over that part of Outlot B, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota described as follows: Commencing at the southwest corner of said Outlot B; thence North 00 degrees 31 minutes 10 seconds West, assumed bearing, along the west line of said Outlot B, 51.76 feet to the point of beginning of said easement; thence North 88 degrees 50 minutes 06 seconds East 23.69 feet; thence North 01 degrees 09 minutes 54 seconds West 119.50 feet; thence 7.85 feet along a tangential curve concave to the southeast having an interior angle of 90 degrees 00 minutes 00 seconds and a radius of 5.00 feet; thence North 88 degrees 50 minutes 06 seconds East, tangent to said curve, 272.21 feet to the east line of said Outlot B; thence Northeasterly along said east line 17.47 feet to the northeast corner of said Outlot B; thence South 89 degrees 28 minutes 50 seconds West 301.88 feet along the north line of said Outlot B to the northwest corner of said Outlot B; thence South 00 degrees 31 minutes 10 seconds East along the west line of said Outlot B 145.19 to the point of beginning and there terminating. Agenda Page 126 19 EXHIBIT C LEGAL DESCRIPTION FOR THE EASEMENT AREA OF THE STORM SEWER Agenda Page 127 20 EXHIBIT D LEGAL DESCRIPTION FOR THE EASEMENT AREA OF THE STORM WATER PONDS Agenda Page 128 21 EXHIBIT E ARTICLES OF INCORPORATION FOR ALBERTVILLE PLAZA ASSOCIATION Agenda Page 129 22 Agenda Page 130 23 Agenda Page 131 24 Agenda Page 132 25 Agenda Page 133 26 EXHIBIT F OWNERS’ NOTICE ADDRESSES ALBERTVILLE PLAZA Lot 1, Block 1 PID: 101-078-001010 STREET ADDRESS: 11011 61st Street NE Albertville MN, 55301 LOT OWNER: Excelsior Property LLC 444 2nd Street, Suite C Excelsior, MN 55331 Lot 2, Block 1 PID: 101-078-001020 STREET ADDRESS: N/A LOT OWNER: JKZ Holdings, LLC 5429 Nelmark Avenue NE St. Michael, MN 55376 Lot 3, Block 1 PID: 101-078-001030 STREET ADDRESS: 11025 61st Street NE Albertville MN 55301 LOT OWNER: Phoenix Rentals IV, LLC 11025 61st Street NE Albertville, MN 55301 ALBERTVILLE PLAZA SECOND ADDITION Lot 1, Block 1 PID: 101-117-001010 STREET ADDRESS: 11019 61st Street NE Albertville MN, 55301 Agenda Page 134 27 LOT OWNER: JKZ Holdings, LLC 5429 Nelmark Avenue NE St. Michael, MN 55376 Lot 2, Block 1 PID: 101-117-001020 STREET ADDRESS: N/A LOT OWNER: Reichert Properties LLC 12787 39th Street NE St. Michael, MN 55376-3099 ALBERTVILLE PLAZA THIRD ADDITION Lot 1, Block 1 PID: TBD, pending recordation of plat STREET ADDRESS: TBD, pending development/permitting LOT OWNER: Beatrice I. Roden 5953 Labeaux Avenue NE Albertville, MN 55301 Telephone: (763) 497-2937 Email: rodenbea@gmail.com With a copy to: Beatrice I. Roden 5953 Labeaux Avenue NE Albertville, MN 55301 Telephone: (763) 497-2937 Email: rodenbea@gmail.com Outlot A PID: TBD, pending recordation of plat [currently 101-500-021-101] STREET ADDRESS: 5953 Labeaux Avenue NE Albertville, MN 55301 LOT OWNER: Beatrice I. Roden Agenda Page 135 28 5953 Labeaux Avenue NE Albertville, MN 55301 Telephone: (763) 497-2937 Email: rodenbea@gmail.com OUTLOT B PID: TBD, pending recordation of plat STREET ADDRESS: TBD, pending development/permitting LOT OWNER: Beatrice I. Roden 5953 Labeaux Avenue NE Albertville, MN 55301 Telephone: (763) 497-2937 Email: rodenbea@gmail.com Agenda Page 136 29 EXHIBIT G DEVELOPER’S AGREEMENT FOR ALBERTVILLE PLAZA THIRD ADDITION The number assigned to the Developer’s Agreement for Albertville Plaza Third Addition by the Wright County Recorder’s Office is ______________________. Agenda Page 137 30 SCHEDULE 1 DEFERRED MAINTENANCE COSTS AS OF MAY 19, 2025 See attached. Agenda Page 138 31 Attachment to Schedule 1 Deferred Maintenance Costs as of Monday, May 19, 2025 = $0.00 Agenda Page 139 32 SCHEDULE 2 STREETS MAINTENANCE COSTS ALLOCATION Lot 1, Block 1, Albertville Plaza 17.30% Lot 2, Block 1, Albertville Plaza 10.79% Lot 3, Block 1, Albertville Plaza 10.72% Lot 1, Block 1, Albertville Plaza Second Addition 14.30% Lot 2, Block 1, Albertville Plaza Second Addition 14.44% Lot 1, Block 1, Albertville Plaza Third Addition 12.65% Outlot A, Albertville Plaza Third Addition 10.36% Outlot B, Albertville Plaza Third Addition 9.44% TOTAL 100% STORM SEWER, STORM WATER PONDS, AND DEFERRED MAINTENANCE COSTS ALLOCATION Lot 1, Block 1, Albertville Plaza 25.61% Lot 2, Block 1, Albertville Plaza 15.98% Lot 3, Block 1, Albertville Plaza 15.87% Lot 1, Block 1, Albertville Plaza Second Addition 21.16% Lot 2, Block 1, Albertville Plaza Second Addition 21.38% TOTAL 100% Agenda Page 140 City Administrator’s Update May 15, 2025 GENERAL ADMINISTRATION Planning Commission Vacancy: Due to moving out of the City, Commissioner Jason Pinski has submitted his resignation for the Planning Commission. The vacancy will be posted on the City’s website and Facebook page. Albertville THC Licenses: Due to inquiries from Albertville THC licensees, the City contacted the Office of Cannabis Management (OCM) regarding THC licenses. According to the OMC, the Minnesota cannabis rules were adopted on April 15, 2025, and the registration system for hemp-derived cannabinoid products (THC) has transitioned to the State’s licensing system. I-94 West Chamber of Commerce First Responders Luncheon: The 2025 First Responders Luncheon is scheduled for Tuesday, May 20, 2025, from 10:30 am to 1 pm at Clam Corporation in Rogers. Please let me know if you would like to attend. Albertville Fire Department: The Albertville Fire Department is planning an Open House on Saturday, June 14, 2025, from 9 am to noon during this year’s Friendly City Days Festival. Albertville Friendly City Days Social: In the past, the City held a social on the Thursday night of Friendly City Days in the Beer gardens by the Main Stage. Thursday night is the Albertville Firemen’s Relief Craft Beer night. This year, the event would be held on Thursday, June 12, 2025. Staff would like to know if the Council is interested in continuing to hold the social event on the Thursday night, or another night? Compost Site: Included on the agenda is discussion regarding the compost facility. For the last 15 years or so, Albertville and Otsego residents have had 24/7 access to the site. Today the site is being extensively used by non-residents and illegally used by contractors and others. The cost to chip and haul is costing the cities thousands of dollars annually. Staff has developed options to regulate the use of the facility and will be seeking Council direction. Summer Newsletter: The Summer newsletter should hit residents’ mailboxes by the week of next week. Guardian Angels: Staff is working with Guardian Angels on a possible Phase 2 Engel Haus expansion project that would likely begin in 2025. Mold Tech: The application to expand and purchase the adjacent city owned lot will be presented to Council in June. Potter Property: There is a purchase agreement on the Potter Property and staff is working with the prospective developer on an anticipated development application. Agenda Page 141 City Administrator’s Update Page 2 of 2 May 15, 2025 League of Minnesota Cities 2025 Annual Conference: This event will be held on Wednesday, June 25 through Friday, June 27, 2025, at the Duluth Entertainment Convention Center. Registration is now open for the event. Please let me know if you would like to attend this year. Custodian/Building Maintenance Positions: Staff is working to fill this position. Code/Zoning Enforcement: The City is working on several properties regarding zoning ordinance and/or nuisance ordinance violations. Generally, the violations include outdoor storage of vehicles, materials, and/or equipment, and typically include junk accumulation and illegal structures. ENGINEERING/PUBLIC WORKS Main Avenue Reconstruction: Included in your packet is a resolution and MnDOT agreement for the $1,500,000 grant. Central Park Playground: Bids were opened on May 14, and the item will be presented at the Council meeting on Monday. CSAH 137: Staff is reviewing the partnership agreement and the updated cost split for the project, which be presented to Council at an upcoming meeting. Public Works Salt Storage: The project is complete. Linwood Park Sport Courts: This project will resume in the next few weeks. City Stormwater Modeling: The City received a $71,848 grant from the MPCA Small Communities Planning Grants for Stormwater, Wastewater, and Community Resilience Program. The funds will be used to update the City’s stormwater model and stormwater management plan. Staff is working with the MPCA to execute the grant agreement and begin work on the project. The total cost of the work proposed by Bolton and Menk is $79,832 and the City match is 10% or $7,984. WWTF Improvements: The project is substantially complete and the contractor is working on punchlist items and likely closing the project out this summer. Generator Improvements: Work is progressing at both the Fire Hall and Villa’s lift station. The generators have been set at both locations and ready for gas service hook ups. It is expected both locations will be complete and operation in the few weeks. Street Capital Improvement Plan: Staff is updating the Street CIP and will present the updated plan early in the year. Agenda Page 142