A-526313 1993-04-02 Developer's AgreementI
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DEVELOPERrS AGREEMENT
Westwind Third Addition
THIS AGREEMENT, entered into this /2nd day °U April, 1993
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by and between John Weicht, Paul V nc� andooS0reer Development Partnership, collectively referred to herein as
"Developer"; John George, Inc"Mortgagee ("Mortgagee"); and the
CITY OF ALBERTVILLE, County of Wright, state of Minnesota,
hereinafter referred to as "city $I;
WITHESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel
or parcels of land described in Exhibit "A", attached hereto and
incorporated herein by reference, a portion of which parcels of
land are proposed to be subdivided and platted ;or development, and
which subdivision, which is the subject of this agreement, is
intended to bear the name "Westwind Third Addition" and may
sometimes hereinafter be referred to as the "Subject Property" or
"Said Plat"; and
WHEREAS, the Developer proposes to construct two seventy-five
unit apartment buildings upon the Subject Property; and
WHEREAS, the City has given preliminary approval of
Developerfs plat of Westwind Third Addition contingent upon
compliance with certain city requirements including, but not
limited to, matters set forth herein; and
WHEREAS, the city requires that certain public improvements
including, but not limited to, sanitary sewer, water and storm
sewer be installed to serve the Subject Property and other
properties affected by the development of Developers land, to be
financed by the Developer or through assessments levied upon the
Subject Property under chapter 429 of Minnesota Statutes; and
WHEREAS, the city further requires that certain on- and off -
site improvements be installed by the Developer within the Subject
Property, which improvements consist of sod, trees, and other like
landscaping items, bituminous or concrete driveway approaches and
parking lot, drainage swales, berming, street signs, parking lot
lighting, street cleanup during project development, overflow storm
retention pond, and other site -related items, and which
improvements to the Subject Property shall be referred to herein as
"Escrow Items"; and
WHEREAS, this Agreement is entered into for the purpose of
setting forth and memorializing for the parties and subsequent
owners, the understandings and agreements of the parties concerning
the development of the Subject Property;
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NOW, THEREFORE, IT 18 HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein
set forth, as follows:
1. Letition for Improvements, Developer herein petitions the
City to construct those improvements (hereinafter referred to
as "Petition Items") set forth in the Petition attached as
Exhibit "Boat and as detailed in the Feasibility Study for
westwind Third Addition, as prepared by Meyer-Rohlin, Inc.,
and dated December 1991, attached hereto and marked Exhibit
"C", including all street and drainage grading.
2• WnivOr. Developer waives all right to a public hearing and
other statutory rights granted to a property owner under
Chapter 429 of Minnesota Statutes as the said rights therein
granted relate to Petition Items as described in Exhibits "B"
and "C",
3. Letit. Jon -Items,
A. The city may construct, at its discretion, all or a
portion of the Petition Items as shown on Exhibit lien
pursuant to its regular methods of making public
improvements. The Developer agrees that special
assessments for said improvements may be levied by the
City* without Developerrs objection, after construction
is commenced. Thereafter, the expense incurred or to be
incurred in making the improvement shall be calculated
under the direction of the Council. The Developer
further agrees that the City may recover its costs and
expenses related to the development of Westwind Third
Addition (as set out in paragraph nine below) as well as
the costs of the construction, of petition items,
including legal, planning, fiscal, bonding,
administrative, engineering and other professional fees
relating to We3twind Third Addition, by levy of said
special assessments to be payable in equal principal
installments together with interest thereon from the date
of the resolution levying the assessment as determined by
the City over a period of not more than twelve (12)
years.
B. Prior to the advertisement for bids by the City for the
construction of Petition Items, Developer shall provide
the City with evidence of good and marketable title to
all of Subject Property. Evidence of good and marketable
title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an
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abstract of title updated by an abstract company
registered under the laws of the State of Minnesota.
Petition 6
e - sarety,
A. The Developer agrees to pay sufficient amounts of special
assessments each year, if not already paid in prior
years, for properties lying within Said Plat :o enable
the city to pay any debt service payments incurred as a
result of the development of the subject property and
construction of the Petition Items, including
and interest, as such a principal
payments came due. Any
deficiencies in the amount
paid by the Developer for
special assessments causing a shortage of funds with
which the City may timely pay the required debt service
payment(s) shall be supplemented with funds withdrawn by the City from the Developer's approved irrevocable letter
of credit or other surety furnished to the City. An of
said surety or guaranty of funds referred to herein that
are withdrawn will be used by the City for Payment of its
herein referred debt service payment when due. Upon the
Developer paying the delinquent special assessments, the
city will repay to the surety, to the extent that the
delinquent special assessments have been paid, the surety
monies withdrawn, less any costs incurred by the City in
conjunction with the said delinquent special assessments.
B. The Developer shall provide the City with cash, approved
irrevocable letter of credit or other satisfactory surety
in the amount of $28,2501 representing twenty-five
percent (25%) of the estimated total assessment resulting
from the Petition Item improvements. The said twenty-
five percent (25%) surety is the guarantee referred to
earlier in this section that sufficient revenue is
annually produced by the payment of special assessments
to enable the City to pay the required debt s:Irvice
payment. The City may draw on said surety for cash flow
purposes to supplement the Developers payments when
Developer is delinquent in the payment of said special
assessments or for other purposes as enumerated elsewhere
in this agreement.
On a -6 v
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A. Developer shall perform all on- and off -site improvements
including installation of sod on all unimproved portions
of the plat, front -yard trees, berming upon all
boundaries of Said Plat bordering single fami,y Uses
said berming to consist of raised soil and tree plantings
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substantially similar to that installed in the
multifamily lot immediately to the East of Said Plat,
grading control, bituminous or
approaches -concrete driveway
, drainage swales, street•, and site cleanup
during project development, erosion control and
installation of a storm water retention
ond (if not
constructed by City), all as detailed in attached Exhibit
I'D#'
B. Developer shall, at its own expense, cause the following
items to be installed within the development, all such
items to be installed under ground, within the street
right of way, accessible to all lots and in compliance
with all applicable state and local regulations:
i• Electrical power supply, to be provided by Northern
States Power or other such carrier;
ii. Natural gas supply, to be provided by Minnegasco or
other such carrier;
Telephone service, to be provided by United
Telephone Company;
iv. Cable television service, to be provided by Jones
Intercable Company or other such carrier.
In addition, the Developer shall, at its own expense,
cause street lights and street signs to be of such type
and to be installed at such locations as approved by the
City Engineer.
C. For those improvements listed in Paragraph 5A and 5B
above, which improvements to the Subject Property shall
be referred to herein as 'Escrow Items", Developer will
provide the City with cash, irrevocable letter of credit
or other satisfactory surety in the sum of $3,750 which
represents 25* of the estimated cost of the installation
and completion of Escrow Items. The said surety shall be
a guaranty to the City that the construction and
completion of the Escrow Items by the Developer, to the
City's satisfaction, will be completed on or before June
30, 1994. If not so completed, the Developer hereby
authorizes the City to enter upon Said Plat and complete
said improvements using funds withdrawn from the surety
required by this paragraph.
D• That portion of said cash, irrevocable letter of credit
or other surety with respect to the
and off -site improvements shall brf ereleased�"upon
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certification of the City Engineer and approval of the
City Council that such items are satisfactorily completed
pursuant to this Agreement. Periodically,as
aents
are made by the Developer for the completon of portions
of the items described under "Escrow Items,11 and when it
is reasonably prudent, the Developer may request of the
City that the surety be reduced for that portion of the
Escrow Items which have been fully completed and payment
made therefor. The Cityls cost for processing reduction
request(s) shall be billed to the Developer. Such cost
shall be paid to the City within thirty (30) days of the
_date of mailing of the billing.
flurety Release.
A• The developer may request of the City a reduction or
release of any surety provided for in conjunction with
the Petition Items (described in Exhibits B and C) and
on- and off -site improvements (listed in paragraph five
above) as follows:
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B.
i. When another acceptable surety is furnished to the
City to replace a prior surety.
ii. When the final cost amount minus previous
becomes less than the surety payments
allowing the surety 'to be reducedvito a tsum
commensurate with the remaining amount of the
project.
No reduction shall be made which would result in
the surety held being less than thirty-five percent
(35%) of the original surety until the final costs
are known.
iv. The Developer may petition the City Council for a
reduction or release of that portion of the surety
attributable to the Petition items at such time as
both 75-unit apartment buildings are constructed
and both are leased at a minimum occupancy rate of
eighty-five percent (85%). The city Council may
consider such a request, but the Council shall have
the right to deny such request in the exercise of
its discretion.
The City,,s cost for processing reduction requests) shall
be billed to the Developer. such cost shall be paid to
the City within thirty (30)'days of the date of mailing
of the billing.
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7•Surety Deficiency*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, the Developer
agrees that upon being billed by the City, Developer will pay
within thirty (30) days of the mailing -of said billing, the
said deficient amount. If there should be an overage in the
amount of utilized security, the City will, upon making said
determination, refund to the Developer any monies which the
City has in its possession which are in excess of the actual
costs of the project as paid by the City. All monies
deposited with the City shall be used by the City at the
City's discretion to defray the City's costs and expenses,
related to the project(s) referred to herein.
8 • ct °MO ahl -Expenoon, In the event
Developer
should abandon the proposed development of the
Y j Property, perty, the City s costs and expenses related to
r planner's fees, attorneys fees, professional review, drafting
V of this Agreement, preparation of the feasibility report,
plans and specifications, and any other expenses undertaken in
reliance upon Developer's various assertions shall be'. 'paid by
said Developer within thirty (30) days after receipt of a bill
for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in art, ceases
substantial field work for more than nine (9) months, or fails
to provide sufficient ground -cover to prevent continuing soil
erosion from the Plat, Developer agrees to pay all costs the
City may incur in taking whatever action is reasonably
necessary to provide ground -cover and otherwise restore Said
Plat to the
point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent
continuing soil erosion from the Platted properties. In the
event that said costs are not paid, the City may withdraw
funds from any of the above -mentioned escrow funds for the
purpose of paying the S costs referred to in this paragraph.
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g'By cluil-s2stIt is understood
and agreed that the Developer will reimburse the City for all
administrative, legal, and professional costs incurred in the
creation, administration, enforcement or execution of this
Agreement, and that these costs shall be added to the costs of
construction of petition items and assessed against the
Subject Property according to the terms of paragraph three
above.
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10.ErRsion and Siltation Co 0
A. Finan_cial Ggrantee Before any grading is started on
any site, allerosioncontrol measures as shown on the
approved erosion control plan shall be installed.- In
addition, a financial guarantee shall be provided to the
City to insure compliance during construction. The
financial guarantee for this purpose shall be the same
surety as described in paragraph five above. No portion
of this surety shall be returned until all disturbed
areas have permanent vegetation re-established.
B. All erosion control measures recommended by the City
Engineer shall be strictly complied with as set forth in
Exhibit "D", which is hereto attached and herein
incorporated by reference.
C. Developer shall cause to be constructed upon the Westerly
portion of said Plat a detention pond for run off of
storm waters from the developed plat. Said pond shall
conform with all requirements set forth by the City as
shown in Exhibit "E", attached hereto and herein -
incorporated by reference. Developer shall c+amply with
all requirements concerning length of time of water
retention, design of the pond and location and size of
outlets, all as specified by the city Engineer.
Developer shall so contour the land such that the pond
stores storm water prior to its drainage into the ditch
adjacent to County Road 37. said pond shall not be
dedicated to the City, and Developer or his successor in
title to Said Plat agree to maintain the pond in good
repair.
11. c
One a
ruck on, Developer agrees to assume full financial
responsibility for any damage which may occur to public
property including but not limited to streets, street sub-
base, base, bituminous surface, curb, utility system.
(including but not limited to watermain), sanitary sewer or
storm sewer when said damage occurs as a result of the
activity which takes place during the development of Said
Plat. The Developer further agrees to pay all costs required
to repair the streets and/or .utility systems damaged or cluttered with debris when occurring as a direct or indirect
result of the construction that takes place in Said Plat. In
the event the Developer fails to clean up, maintain or repair.
the damaged public property mentioned above, the City shall,
provide the Developer with a Notice of its intent tn niaA_
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repair, or maintain such public property. Developer shall
have thirty (30) days from the date of mailing of such notice
to effect such clean up, repair or maintenance of said public
property to the satisfaction of. the City Council. In the
event that Developer fails to so clean up, repair or maintain
said public property, the City may undertake making or causing
it to be cleaned up, repaired or maintained. When the city
undertakes such activity, the Developer shall reimburse the
Citl for all of its expenses within thirty (30) days of its
billing to the Developer. If the Developer fails to pay said
bill within thirty (30) days, funds sufficient to pay the bill
may be withdrawn by the City from either surety described
above.
12. Temp",
o ar arid a ma ent Usemant Right-13—L Developer shall
Provide access to the subject 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. Developer agrees to provide the City with any
easements, temporary and permanent, as may be necessary to
install the Petition Items and, if necessary, the on- and off --
site improvements described above.
13 • Xisaguaneom. Developer agrees that all items listed in this
section are items for which it is responsible for completing
and all work shall be done at Developer's expense:
A. Developer shall comply with all requirements set forth
for drainage into any county ditch through which water
from Subject 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, all at Developer's expense.
B. If any portion, section, subsection, sentence, clause,
paragraph or phrase of this contract is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Contract.
C• If building permits are issued prior to the completion
and acceptance of public improvements, the Developer
assumes all liability and the costs resulting -in delays
in completion of public improvements and damage to public
improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees,
agents, or third parties.
D. The action or inaction of the City shall not constitute
a waiver or amendment to the provisions of this Contract.
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To be binding, amendments or waivers shall be in writing,
Signed by the parties and approved by written resolution
of the City Council. The cityls failure to promptly take
legal action to enforce this Contract shall not act as a
waiver or release.
B. This Contract shall run with the land and may be recorded
against the title to the property.
F. The Developer shall provide "As-Builts,, of all ponds,
water and sewer lines, gas pipelines, electrical, cable
and phone installations.
G. The parties acknowledge that the City's wastewater
treatment plant is near capacity, that the City is
currently in the process of expanding its wastewater
treatment facility, and that the Minnesota Pollution
Control Agency (11MPCA11) will not permit additional
hookups to the Albertville sewer system until such time
as the City has expanded its wastewater treatment plant
capacity. While expansion of the wastewater treatment
Plant capacity is expected to be completed in mid -summer
Of 1993, Developer and Mortgagee acknowledge that there
may be unexpected delays in the completion of said
expansion, which in turn may delay hookup of Developer to
the City sewer system or may delay permits issued by the
MPCA. Developer and Mortgagee agree to hold the City
harmless from any loss incurred by Developer, its
successors or assigns, or Mortgagee as a result of delays
which may occur in the completion of said plant capacity
expansion, provided the City acts in good faith in
pursuing the completion of said expansion.
14.
retor
other form of guarantee referred to herein isein thent auform of
an irrevocable letter of credit, which by its terms may become
null and void prior to the time at which all monetary or other
obligations of the Developer are paid or completed, it is
agreed that -the 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
expiring letter of credit. If a new letter of credit is not
received as required above, the City may declare a default in
the terms of this Agreement and thence draw in part or "in
total, at the city"s discretion, upon the expiring letter of
credit to avoid the loss of surety for the continued
obligation. Such irrevocable letter of credit must contain a
provision requiring the issuer of the letter of credit to
notify the City within sixty (60) days prior to the expiration
Of said irrevocable letter of credit. The form of said
irrevocable letter of credit shall be approved by the City
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Attorney prior to its issuance.
15•-V'olMt1OL_09 Aminent.
A. In the case of default by the Developer, its successoi*s
or assigns, of any of the covenants and agreements herein
contained, the City shall give Developer thirty (30) days
mailed notice thereof, and if such default is not cured
within said thirty (30) day period, the City
granted the right and privilege to is hereiy
deficiencies governed by this Agreement due and p any
to the city in full. The thirty (30day notPayable
shall be deemed to run from the dateofepositeofessaid
notice in the united States Mail.
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immediate) and The city may thence
or
Developer use all itofuttheotice depositedcoescrow of the
irrevocable letter of credit or other suret funds'
complete the Developerfs Petition items or on-fordoffto
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site improvements, and to bring legal action against the
Developer to collect any sums due to the this Agreement, City pursuant to
plus all costs and attorneys fees
incurred in enforcing this agreement.
B. The notice provision of Paragraph 15 A to any acts or rights of the city under r shpararh
all not apply
above, and no notice need be given to the Developer sale
condition precedent to the City declaring a default or
drawing upon the expiring irrevocable letter of credit as
therein authorized. The city may elect to give notice to
Developer of Cityes intent to draw upon the surety
without waiving the city's right to draw upon the surety
at a future time without notice to the Developer.
C. Breach of any of the terms of this Contract by the
Developer shall be grounds for denial of building
permits.
16. e o o
s e
17.
The Developer agrees to pay park dedication fees of $170.00
per dwelling unit for which plat approval is
Developers plans as of the time of the signing Under this
document, Developer will be required to
($170.00 x 75 dwelling units pay $25,5fl0.00
Payment of these amounts shall fulfill building
Developer's dings) .
dedication requirements.park
�9.�eV6lnflmAr♦
preliminary Plat=heI C3h a plat is a phase of a multi -phased
Y y refuse to approve final plats
10
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,rs'r
�. � v� � {$.',•� d r � s sS ; � }76 ,r i 3 t t � k r f r. xr���. ..� _ y FrCs�'
,1, f
`�� y; h., ss•x� i;4 t 1 i.` Yhr s 4r r t, ' "ysi �- yrttj•f,,
tl ,j ,.,j+�s s 'a, e. p 1. 1 � s �,! s s i i•, ,,,
fYl4 Krr1a,xr .'• tr ° r,t4 { s s t, `F r L {� r r
+ �3,i I I P v '�' � � x a i �t.'sr t "�'•� 1 t 3' z j4r
� r! Y ��� tt r r r tr i ' - �.. 1 t i '-i�c' r r r s i �' R `r' '.s _ri � : Ks , 51 ' •- r ! i�.t�
r. i s s ,r �• � r
of subsequent phases until public improvements for all prior
Phases have been satisfactorily completed. Development of
subsequent phases may not proceed until Development Contracts
for such phases are approved by the City. Approval of this
phase of the Development shall not be construed as approval of
future phases nor shall approval of this phase bind the City
to approve future Development phases. All future Development
phases within said Plat shall be governed by the Cityrs
Comprehensive Plan, Zoning ordinance, Subdivision ordinance,
and other ordinances in effect at the time such future
Development phases are approved by the City (this provision
applies only to that plat known as Westwind Third Addition,
and shall not act to bind future plat additions to the
Westwind development). Developer acknowledges that it must
obtain the.. necessary approval from the City relating to
building design and specifications, and that this agreement
shall not be construed as granting such approval.
1B • em tv. Developer shall hold the City and its officers and
employees harmless from claims made by itself and third
Parties for damages sustained or costs incurred resulting from
Plat approval and development. The Developer shall indemnify
the City and its officers and employees for all costs, damages
or expenses which the City may pay or incur in consequence of
such claims, including attorneyls fees. Third parties shall
have no recourse against the City under this contract.
19. e e o a ou o f
on behalf of Developer (and the Developer, hif theose rDevel pties er is
a different entity than said parties) shall be personally
liable for the fulfillment of all obligations under this
Contract. The obligations of the Developer (and the parties
signing on behalf of Developer) under this Contract cannot be
assigned without the express written consent of the City
Council through Council resolution.
20, g �� . The Developer will
attorneys fees incurred by the City and as fixedlby theCourtin the event a suit or action is brought to enforce the terms
of this Agreement. The Developer will also pay all reasonable
attorneyts fees incurred by the City in the event an action is
brought upon a bond or letter of credit furnished by the
Developer as provided herein.
21. o Mortgagee hereby consents to the terms
of this agreement and its Exhibits, including but not limited
to the assessment of the costs of petition Items against Said
Plat, but nothing in this agreement shall be construed as
requiring Mortgagee to personally assume any of
obligations the of Developer arising from this agreement.
11
61
P1
22. ° ° t ° Any notices to the parties herein
shall be in writing, delivered by hand (to the City Clerk for
the City) or registered mail (addressed as follows) to the
following parties:
City of Albertville
c/o City Clerk
P.O. Box 131
Albertville, MN 55301
Telephone: (612) 497-3384
John George, Inc.
7535 N.E. River Road
Elk River, MN 55330
Telephone (612) 441-3700
School Street Development Partnership
c/o John Weicht
P.O. Box 368
Elk River, MN 55330
Telephone (612) 441-4112
23. an" Effeete
This agreement shall be binding upon and
extend to the rresentatives, heirs ors and assigns
of the parties hereto. , success
CITY OF ALBERTVILLE,
y: By C�
Its Mayor A -------
By
Its e
s
12
DEVELOPER,
School Street Develonnant
MORTGAGEE,
John George, Inc.
STATE OF MINNESOTA }
COUNTY OF WRIGHT � ss.
The foregoing i strument was acknowledged before me t
Z day of ,-� I _ his
„ of the CRY of Alberto lie, a M nnesota m�uciP$ayor
behalf of the city and pursuant to
the:corporation, on
Council, authority of the City
LaNettk M. van
1NOTARY PU"-Mp4dW=
WRIGHT COUNTY . Notai y Publ c
uy c°� E*"Juft giteas
M1
STATE OF MINNESOTA )
COUNTY OF WRIGHT ) sr..
The foregoing instrument was acknowledged before me this
day of
2- day � by Linda Houghton,
Clerk of the city of Alberto Ile, a Minnesota municipal
corporations on behalf of the city and pursuant to the authority of
the city Council.
LaNetta M. VOW&
vo
NOTARYPUBW-M
WRIGHT CG
1Jy Comr "9N E�
STATE OF MINNESOTA )
COUNTY OF WRIGHT
Notar�97&
e foregoing instrument was acknowledged before me this
day of 4 Z - , 1992, by John'..WWeicht,
nd v dually and as general partner of School Street Dei
Partnership. elapment
• NMMMW.
�A►�nr�i6�rA M2%103 Notary Publ c
STATE OF MINNESOTA )
COUNTY OF WRIGHT ) ss.
om ki:ly `, ,t!11 ry1
r� ii+r�T yid' I
Is,,.r ryl r 't
it 1' L
- f I •� r r J t i( ' r 4 '
e Ai
,;T.:^r':ari`:�';_:. k_j� ;z�t..r, :.... �..4,. ..•.�',,:.1 W. ril �. s :�.';..,. Z�... '-� ,Fs..?F:r 1 �: . :v-, .. .'-- i''1°�.,1 ,.'_!.:
LH
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
e foregoing instrum t was acknowledged before me this
day of _ , 1992, by John Darkenwald,
of John George, Inc.
EOTARY
CHAL C. COURI
ME=
f
WROff Loop Notary Pub1 c
m�at9e STATE OF MINNESOTA )
COUNTY OF WRIGHT } ss.
The foregoing instrIMmen.4.was acknowledged before ma this
Z day of , 1992, by George Yankoupe,
of John George, Inc.
� e
MICHAEL C. COURI atary Publ c
NOTARY PiD UC-MINNESOTA
WREHTCOUNlY
�hr Conm. 6sDlres M� 41I�93
15
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A
EXHIBIT A
WESTWIND THIRD ADDITION
Legally Described as:
That part of the Southeast ..�i�
Quarter of Section 35, Township 121,
Range 24, Wright County, Minnesota, lying south of the Burlington
Northern Railroad, described as follows:
inninat the
southwest corner of Lot 1, Block 1, Westwind, according to the plat
thereof on file and of record in the office of the County Recorder,
Wright County, Minnesota; thence S 15 211 10" W r.'
plat bearing,
along the west line of Lot 21 Block 1 of said Westwind, a distance
of 211,0o feet to the southwest corner of said Lot 2, Block 1;
thence N 74 031 45" W, a distance of 224.00 feet; thence N 84 54
00" W, a distance of 363.50 feet; thence N 0 161 43" E, a distance
of 356.00 feet; thence N 7 451 35° g
thence N 24 00P 00" E, a distance of 195.00 feetanca thece6.66
N 29f e11,.;aS1M
06" E, a distance of 83.00 feet to;the southerly right of way line
Of Burlington Northern Railroad; thence S 60 48, 54" E, along said
right of way line, a distance of 730.00 feet to the northeasterly
r;
extension of the west line of said Lot 1, Block 1; thence S 28 49'
50" W along said northerly extension and along the west line of Lot }'1.
1, Block 1, a distance of 293.00 feet to the point of beginning.
Containing 9.44 acres and subject to the right of way of Wright
County State Aid
thereof. Highway No. 37 over the northeasterly 66.Oo feet
'v- Frrj'i •:
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—41
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'�I..+:+trr)S'{7�"flr'�'�d.��.e+::�u.�,,y.�'�'''YrYf•F✓is� 'tir�assyd i+,�''` tli r� �y r.`� .tirr,y�rrt )r �4r _. h i
sad.riS..J�SW�La�s�x..�i,5 an'St'r.3'.�l,..�,.....�ss�wS.9�i��C:�*C{i4�a^a►a.,s �..� rq.}�.# ,��,..�)17.i 'v'!: S'if[i..'°�'.... i+..: ... j'.,.
EXHIBIT B
CITY OF ALBERTVILLE
WEBTWIND THIRD ADDITION
Petition For Local Improvement and Agreement To Be Assessed
John Weicht, Paul Vincent, and School Street Development
Partnership, collectively referred to herein as "Developer", owners
Of 100% of the property known as Westwind Third Addition and
described in Exhibit "All to the Developer's Agreement between
Developer and the City of Albertville said property situated in
the County of Wright, State of Minnesota, hereby petition that the
above described property be improved and be assessed 1Ook of the
cost of the improvements, including construction costs, engineering
fees, bonding fees and expenses, attorneys fees, and other costs
incurred by the City of Albertville relating to the improvements to
the above described property, consisting of installation of
municipal water facilities, sanitary sewer facilities, storm sewer
facilities, storm water detention ponding, and other such
improvements to the land carried out by the City of Albertville.
Further, it is understood by and between the Developer and the
City of Albertville that the construction improvements will benefit
the property. The benefit to the property will be greater than the
construction costs as set out above.
Further, Developer hereby waives any objection to being
assessed 10Q$ of the cost of the project against the above
described property.
Developer hereby waives its right of appeal to the District
Court herein, pursuant to Minnesota Statute 429.081.
Further, the spreading of the assessment against the above
described property shall be in the best interest of the City of
Albertville. The assessment shall be against the above described
property as a whole. However, if mutually agreed, a division of
assessment may be made against the property with the consent of the
Developer herein and the City of Albertville.
Developer will submit to the City of Albertville a bond or
irrevocable letter of credit in an amount to be determined by the
City Council prior to the signing of a Developer's Agreement
between the Developer and the City. The bond or irrevocable letter
of credit shall be approved by the City Attorney and submitted to
the city Council to insure that the assessments are paid each and
every year when due and payable.
Further, Developer, for value received, guarantees thepayment
of the assessment due and payable ini'a"ach and ever y
time thereafter, and hereby agrees and consents y to aallr of the
stipulations contained herein.
I��
YY '"ti r'�/FFr'"�i �irfi� �1�•Y'�Ikf M f' jita j,'4.3
r? r• -t } 1 f r :. old;-� r ti i .
a 1 lytE s t.. f r - E t- '. x �� i s , r - ` S a s• t r y
1-
�� y�r G t +�. f r'r r Y a'ti r •l f f �'� • � r. r .C. -� tom..' •� � f ��_ ' ��j�y' i 1 V •�t ti�6:
�1{.u• : j r� r �. ' Ok-T??4.. s " j✓ �, - r r ' %V i r � 1 t � 'r i^
ci�"1•f r r�k,.. >,��4� t��%�. 1� r.1.'xti.+ir, 3$iq}�ti'i �Y it i'f' � +9a •�rdl b y },-, �4 .,.. rLt r yj r
I t ► !qr i r.,.�i3��15 `��'; �''.1�.`,��,4,f',(s`rr"„lei'+i,ir�.�fi:.::c'�4�i��L'.�Ik'ss,���ar }. �7.::: +11' �'{��r �•'�'kt'Us R;• 7.>ry =r +�' v r
Further, Developer agrees to
provide the- with any
easements, temporary and
Permanent, as may be neck nary to instal? �'+'•
the above described improvements.
Dated AC (1ho- 6 R Y i C* r 1992
School Street Development Partnership,
d*/
:..Jo—hnWe-fc—ht
.; by:
t;.
en
Iridiula'1lalit, i
This petition is hereby consented to in all respects by John
George, Inc. t.
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7
11111+a-aJILi y
Feasibility Study
For The
Albertville,, Minnesota
MEYER-RONuN, INC.
wor4errta •won st,�„f� m, � � � �a �n aua PAon+ bia • as •nr t
December, '199.1
E-9101 L
n0i
Sol
a,AW
NOV
i7 f.l ;�l�^11f1 x� z` J'�'. Vij.1 j� + 1 , �f4+ x •+' , t''si J may- dy , [y �, k } Nit':
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Dti;' C }, ; �a� .J� � J {1 " r i wr�r �Cr�n'►T�^•..r�`T.h
�a ....-.rt�...�1....,_'+—r.w V�r.wqc+l5lr{jLSyiwrM�ii.•.rii�..h,+.f� ��, y N %� r r 1 1.
FEASIBILITY STUDY
FOR THE
wESTWIND III ADDITION
ALBERTVILLE# MINNESOTA
i
December, 19rg1
E-9101-L
I hereby certify that this plant specification
or report was prepared by me or
suAervIsion and that r under is direct
Profej1% 717
al E a duly Registered
��r under the laws of the _ S ate Minnesota,
P
Reg. No. 6218
I&
C e s r
lG� siYl i.�li Vµ 5 �r't j. r b -" l t{ k J-1 - C � 1 r't s -+ f � .� � F s r •.:
�5�5ls<,,..+e �r�;,{'r it It 'rrs si�`r{ �` ` f �'• I rig 1 1 7�r r ' lA f ,
Y �i4+k�.M'�ai i7y� tf^k. •r'r •i1�'�x_ry�?�rl�f^4 ,,;JI r{ -I* �.i {'�G',°i' 11r F f' r i,P� '+'•+i
Sirl.[�.{r,�.1._:G.xr. +.r'?..!:'v a;.• _r.,� 5�;:.r�.sr.!. ».i �-•{•; tr..,..r
December 11, 1991
City of Albertville
o/o Linda Houghton, Clerk
PO Box 131
' Albertville, MN 55301
Re: Westwind Ill Addition
Utility Pciftsibility Study
Honorable Mayor and Council Members:
AB requested, we have completed the feasi.bOl ty study for .the
exte. ion of utilities to the Westwilld III Addition in the city of
Albertville
PROJECT LOCATION
The project is located in the northwesterly portion of the city of
Albertville, south of Country Road #37, abutting the westerly
boundary of the Wesiwirid Addition and the northerly boundary of the
Westwind II Addition, This addition is within part of the
southeast quarter of Section 35, Township 122 North, Range 24 West.
(see attachment No. 1)
SANITARY SEWER
The sani.t;aFy sewer is an extension of the existing 12,1 trunkline
along 'the south s idP of Cr unty Road ;37 , The sanitary sewer will
consist; of 730 lineal feet of 1211 PVC, approximately 12 1--141 deep.
Sower services will be to the two proposed 75-unit apartment
buildings and wili consist of 5,, pVC, (See attachment No. 2)
WATERMAIN
The WiEermain Will be an extension of the existing water trrunk
located in the south right-of-way of County Road #37, The proposed
extension will consist, of 730 lineal feet of 1211 DIP. The service
connections to the two 75-unit apartment buildings 4111 be 611 Dip
with 611 gate valve curb boxes. An all DIP will serve an interior
fire hydrant located between the garages, (See attachment. #2)
STORM SEWER
The existing- drainage from this area is to the north into the
County Road #37 roadside ditch, The area of drainage and direction
of drainage will remain the same; however, the runoff from the
developed site will be Inoreasad dramat.ically due to the buildings
and parking/driveway hard -surfaced areas, sufficient storm water
dotention ponding in the south Country Road #37 roadside ditch
Fj
rxrm wv'r tivn a � rr t
arf Y'x��5iER4-i�r�
'�4 �r }5551��f�.���7`s"���'S'��^try/"aa^�`5��4���'.R 9•
41�I �A 1,_ti sita tali�.ni•`tk,r fi,°rr r+ r err.,;, .^ err
C � r i . I it '4,l,i,s. s• f ! � r.#( -n
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kiilrl Sf{+if.44iyi��f L(1ta}Y[ rrt. Ta l;:1'�r art t,I,r4, r`11�t�t{_`rY+t'tta W�
P i e �Jrt SC f d{� q ( Djr r I .r, rt Sr e yhi sy 'r •K
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41
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ry-
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tS;�l.�',
i ,,t J.� y .fin y�7S y7 A,ti.�r•a{j `w'_y{�� r� t f � 1 iP, r, �,�. k `� / t:i, ri. rrLr +
��� �r}1�t�"��� r f �,{"`t, l/a 1���'��1 �•:r� ,L F 1 ,r ,... 1 t. x.+
4�1f�[2, 1'Ix�rx� .. %,�i:t j.�'r.�,y � �rca:a.:�v.c,�c:..w �cx yrr •4.,..�..Rv. 's e,x.+c.sa.t.�.�s. �:,
na + � �: �'S".^r"R +.^e*+..e.f•eT^r+ I�"�r 11'e�re7Y�^ t --r-; <^� w=r
�•y t siF � Y6I) :� e Y r ti r 1 r n {r t r a y I ,I
cannot; be realized. Therefore, a series Of culvert crossings and
ditch cleanoutS will be required to assure no flooding during the
100-year storm event. A new 2711 RCP will be required tinder, County
Road #37 and a now 241, HCP will be required under the railroad. The
new 241, culvert under the railroad will align with the existing 2411
culvert under Interstate 94, draining to the north. The existing
roadside ditches along County Road #37 and the railroad will need
to be deepened, widened and cleaned out with the removal of brush
that has grown up over the past; many years. Financial assistance
Will be requested from both Wright Courity and Burlington Northern
known
Railroad; however, to what extent this cooperation will be is not;
Goon a Roadie time. Wright County will not allow 'open cuttingo of
tY #37; therefore, both new ckil'!erts w11.1 need to be
Jack -bored under the roadbeds. (See attachment No. 3 )
STREETS AND SITE GRADING}
No streets or dyi:e - grading are included 'in th r3
entrance to the two 75-unit t�partment houses will be proae°t' The
common driveway installed at the time theParY private
constructed. The site grading will be done, in ci.gQnlwith the
building construction, anjunc
COST ESTIMATES
The ` 0 1071ng are the estimated costs for the above -described
improvements. The costs are based on this
project
itself, Some $ravings could be realized ifthis being bid rby
e
combined with other al"Illrar projects. project were
Sanitary Sewer $23,500
Watermains $33,000
Storm Drainge: $27 900
Contingencies $6/1400.00
Engineering 4,200.00
15y000 dD
PRDJXCT COST _
$103,600.00
Legal and financing COSLS (bond cost, capitalized interest, etc,)
must be added to the above figure to provide a total
_ project cost.
CONCLUSION
In conc usiop, the above -described improvements are feasible and
would be a benefit to the properties herein described.
If You have any questions, please reel fr�Pe to contact me.
Sincerely,
MI:YSTI-Fj 461N , INC.
rAcre Meyer
Professional
CC: File E-9101-L
V .�
10 CSsed WEST
14 HIRE ADDITION
%ISO
01 0-1
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X
173 y
ALBERTVILLE
Attachment 1
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EXHIBIT E
Said drainage pond or ponds shall be of a type known as a "dry
Pond" constructed in sufficient volume to meet the storage and
drainage requirements as set by the Wright County Highway
Department or such other Wright County officials, and such ponds
must be built to the satisfaction of the City Engineer. The ponds
shall be entirely or partially located on the Western portion of
Westwind Third Addition. A portion of one pond may be located on
the land adjacent to the Western edge of Westwind Third Addition,
said land currently owned by John George, Inc, it being agreed that
John George, Inc. shall provide a drainage easement to Developer as
necessary for the construction and maintenance of said drainage
pond (said easement attached as Exhibit E--2). Said ponds shall not
be dedicated to the City, but shall be perpetually maintained by
the Developer. Said Ponds are to be constructed according to the
specifications in attached Exhibit E-1.
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EXHIBIT R_1
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RCP ; 1 0.2ox I(90-41.
RCP apron it 0.26X
John Gotta 6 7 N L4� F ivtor 11n4 to 4
'Elk Rivet.7-55330
44
IN
Total Lois. 9
Total Acres A 9.44 Ac.
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EXHIBIT E--2
AGREEMENT TO PROVIDE EASEMENTS
WHEREAS, School Street Development is the owner of that land
comprising Westwind Third Addition ("First Property,,) located in
the City of Albertville, Minnesota and John George, Inc. is the
owner of land ("Second Property") located adjacent to and
immediately to the West of said Westwind Third Addition; and
WHEREAS, both School Street Development and John George wish
to provide for the proper drainage of their respective utilizing a "dry pond" drainage system; and lands
WHEREAS, said dry pond shall be most effective if placed
partially on First Property and partially on second Property;
THEREFORE,
�. John George, Inc., in exchange for $1.00 and other valuable
consideration, hereby agrees to provide Paul Vincent and John
Weicht, d/b/a School Street Development Partnership with a
drainage easement necessary to enable School Street
Development Partnership to construct and maintain a "dry pond"
over a portion of Westwind Third Addition and a portion of
Second Property owned by John George, Inc. Said drainage
easement shall be perpetual in nature and shall be limited to
that portion of land necessary for the construction and
maintenance of the pond, said easement to be determined by the
City of Albertville Engineer based on the drainage needs of
the,Westwind Third Addition plat. It is estimated at the time
Of this agreement that the drainage pond will occupy
approximately 30,000 square feet, of which approximately
18000 square feet may be placed upon the Second Property.
2• Paul Vincent and John Weicht, d/b/a School Street Development
Partnership, in exchange for $1.00 and other valuable
consideration, hereby agree to provide John George, Inc. with
a drainage easement necessary to enable John George, Inc. to
construct and maintain a "dry pond" over a portion of First
Property and a portion of Second Property. easement shall be perpetual in nature and shall be limitedato
that portion of land necessary .for the construction and
maintenance of the pond, said easement to be determined by the
City of Albertville Engineer based on the drainage needs of
the Westwind Third Addition plat. It is estimated at the time
Of this agreement that the drainage pond will occupy
approximately 30,000 square feet, of which approximately
18,000 square feet may be placed upon the First Property.
ZIP
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^gyp. Dated: October �% , 1992
:lyIVSS�
School Street Develonment
-12
JOHN GEORGE, IVC.
STATE OF MINNESOTA
COUNTY OF WRIGHT ) ss.
The foregoing ins ument was acknowledged before me this
day of , 1992 by John Weicht
nd v dually and as general partner of School Street Development
Partnership.
Notary Pu c -----------------------
MEI CHEN J. DALEMAN
2
STATE OF MINNESOTA )
fi ) ss.
COUNTY OF WRIGHT )
Th foregoing instrument was acknowledged before me this
.06 day of �1� r'
v dually and as general partner of School�Stre t DevelopmenPaul t
IndiPartnership
MEI CHEN d, OALLMAN
NOTARY Plfd!!C - IYAFSQril J
� � Notar
Y fL�
STATE OF MINNESOTA )
COUNTY OF WRIGHT ) ss.
Th foregoing instr ent was acknowledged before me this
2 day of
1992, by John Darkenwald,
o John George, Inc.
11 r
STATE OF MINNESOTA )
COUNTY OF WRIGHT ) ss.
a-azL cn�"'
Notary Publ J. c
Th foregoing in5str nt was acknowledged before me this
day of , 1992, by George Yankoupe,
of John George, Inc.
hP M
Notary Publ c
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