2025-06-27 PUD Agreement Albertville Plaza Third Addition Outlot A and B-RecordedDOCUMENT #: A1580977
07-15-2025 at 12:01 PM
Certified filed and or recorded on above date
TANYA WEST
WRIGHT COUNTY RECORDER
WRIGHT COUNTY, MN
Pages: 50 Fee Amount: $46.00 By: CB
This document has been electronically recorded.
Return To: First American Title Insurance Company - NCS K
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 .2-1 day of 'v v\_ _ 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 I 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 hcreto 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
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.
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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) OutlotA, 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
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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 ("Incite 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
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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 1nSite 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.
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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.
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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.
1. 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
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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.
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:
If to Developer:
City of Albertville c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497.3384
Beatrice I. Roden
5953 Labeaux Avenue NE
Albertville, MN 55301
I
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:
�It Mayor
Bq�� -tk�
Its Clerk
10
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.
r
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
MICHAEL C. COURI
+ NOTARY PUBLIC
MINNESOTA
i Commission Expires Jan. 31, 2030
The foregoing instrument was acknowledged before me this I day of
_ 17uO e , 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
MICHAEL C. COURI
+ ; NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31.2030
11
BEATRICE IRENE RODEN
Beatrice Irene Roden
STATE OF MINNESOTA )
) SS.
COUNTY OF(LAh " 0
Kelly A Kolbinger
(*my
Notary PublicMinnesota Commission Expires January 31, 2030
The fore oing instrument was acknowledged before me this
2025, by Beatrice Irene Roden.
Notary Public
DRAFTED BY:
Couri & Ruppe Law Office
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
�� day of
12
EXHIBIT A
Final Plat
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EXHIBIT B
Site Plan
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EXHIBIT C
Private Street Easements
OPERATION AND EASEMENT AGREEMENT
ALBERTVILLE PLAZA THIRD ADDITION
THIS OPERATION AND EASEMENT AGREEMENT FOR ALBERTVILLE PLAZA
THIRD ADDITION, (hereinafter the "OEA"), is entered into and made as of this day of
, 2025, by ALBERTVILLE, MN (Lot 1) LLC, a limited liability company organized under the
laws of the State of Illinois ("Lot I Owner") and BEATRICE I. RODEN, a widow, individually ("Roden
Owner").
WITNESSETH:
WHEREAS, Lot 1 Owner is the owner in fee simple of the land described on Exhibit A attached
hereto and by reference made a part hereof ("Lot I Property") located in the Albertville Plaza Third
Addition in Albertville, Minnesota; and
WHEREAS, the Roden Owner is the owner in fee simple of the land described on Exhibit B attached
hereto and by reference made a part hereof ("Outlot A Property") and the land described on Exhibit C
attached hereto and by this reference made a part hereof ("Outlot B Property") located in the Albertville
Plaza Third Addition in Albertville, Minnesota; and
WHEREAS, the parties desire to make integrated use of the Lot I Property, the Outlot A Property
and the Outlot B Property in the location shown on the site plan (the "Site Plan") attached hereto as Exhibit
D and by this reference trade a part hereof. The Lot 1 Property, the Outlot A Property and the Outlot B
Property are sometimes collectively referred to herein as the "Albertville Plaza Third Addition"; and
WHEREAS, the parties desire to establish for the benefit of the Albertville Plaza Third Addition
certain easements, covenants, conditions and restrictions relating to the development and use of the
Albertville Plaza Third Addition; and
WHEREAS, it is desired that each parcel of the Albertville Plaza Third Addition shall be burdened
and benefited by the terms of this OEA,
NOW, THEREFORE, in consideration of the foregoing, and the covenants and declarations, as
hereinafter set forth, it is agreed and declared as follows:
ARTICLE I
As used hereinafter in this OEA, the following terms shall have the following respective meanings:
A. ACCESS DRIVES. The proposed private streets depicted and labeled as "Proposed Roadway
Easement" on the Site Plan which are to be constructed and located within those portions of the Lot 1
Property, Outlot A Property, and the Outlot B Property legally described on Exhibit E, Exhibit F, and
Exhibit G respectively (referred to collectively and singly herein as "Access Drives") for the
purposes of providing access, ingress and egress to and from the Tracts within Albertville Plaza Third
Addition to and from Labeaux Ave. NE and to and from the adjacent existing private streets located
within Albertville Plaza Second Addition and Albertville Plaza.
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Albertville Plaza Third Addition
OEA Agreement v la.iii
B. EFFECTIVE DATE. The term "Effective Date" means the date that this OEA is recorded in Wright
County, Minnesota where Albertville Plaza Third Addition is located.
C. MORTGAGEE AND MORTGAGE. The term "Mortgagee" refers to and shall include a
mortgagee, trustee and beneficiary under any deed of trust or mortgage, and the term "Mortgage"
shall include any indenture of mortgage, deed of trust, and to the extent applicable, a sale and lease
back transaction.
D. OCCUPANT. The term "Occupant" refers to and means any "Person" (as hereinafter defined) from
time to time entitled to the use and occupancy of any portion of Albertville Plaza Third Addition
whether by lease, deed, agreement to purchase or other instrument.
E. PARTY OR PARTIES. The term "Party" or "Parties" refers to and means the owner of fee simple
title from time to time of Albertville Plaza Third Addition or any portion thereof.
F. PERMITTEES. The term "Permittees" refers to and means all Occupants and their respective
officers, directors, managers, members, partners, employees, agents, contractors, customers, visitors,
invitees, licensees, subtenants and concessionaires.
G. PERSON. The word "Person" refers to and shall include individuals, partnerships, limited liability
companies, firms, associations and corporations, or any other form of business or government entity,
and the use of the singular shall include the plural.
FI. TRACT. The term "Tract" refers to and means the tract of land within Albertville Plaza Third
Addition owned by a Party.
ARTICLE II
EASEMENTS
A. NONEXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS AND INCIDENTAL USES.
Each of the Lot I Owner and the Roden Owner, for itself, and on behalf of each of their successors
and assigns, hereby grants to each other and each of their successors and assigns, and reserves for
their respective use and for the use of their respective Permittees in common with all others entitled
to use the same, mutual, reciprocal and perpetual non-exclusive easements to, over, across, and
through the Access Drives, and to, over, across, and through the parking areas as they exist from time
to time on each Tract, for vehicular and pedestrian ingress, egress and access to and from each Tract
within Albertville Plaza Third Addition to Labeaux Ave. NE and to and through the private streets in
the approximate location shown on the Site Plan and labeled thereon the "Existing Roadway
Easement" within adjacent Albertville Plaza Second Addition and Albertville Plaza.
Subject only to temporary closures permitted under this OEA, no Party shall change the location of
the Access Drives without the consent of the other Parties unless required by governmental authority
or incident to a reconstruction after a taking in eminent domain, and, except for temporary closures
permitted under this OEA, no Party shall erect or permit any barrier or obstacle to exist which would
prohibit or inhibit the free flow of pedestrian and vehicular traffic within Albertville Plaza Third
Addition or ingress and egress by way of the Access Drives.
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Albertville Plaza Third Addition
OEA Agreement la.iii
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B. SIGNAGE.
(a) Shared Sign Easement. Roden Owner hereby (i) grants to Lot 1 Owner, its successors and
assigns, and the Occupants of the Lot I Property; and (ii) reserves for itself, its successors
and assigns, and its Occupants, of (a) the Outlot A Property, and (b) the Outlot B Property, a
non-exclusive, perpetual easement in, to, over, under and across that part of Outlot B
Property legally described and depicted on Exhibit H (the "Shared Sign Easement Area")
for the purposes of constructing, maintaining, repairing and replacing a freestanding multi -
tenant pylon sign and such electrical lines serving such sign (collectively, the "Shared
Sign") within the Shared Sign Easement Area, Such Shared Sign shall be: (i) a maximum of
33' in height, with three separate double -sided sign panels containing an aggregate total of
250 square feet of sign face and shall be allocated for use in the following manner: (a) the
top panel shall consist of 130 square feet of sign face and shall be for the exclusive use of the
Lot 1 Property; (b) the middle panel shall consist of 60 square feet of sign face and shall be
for the exclusive use of the Outlot A Property; and (c) the bottom panel shall consist of 60
square feet of sign face and shall be for the exclusive use of the Outlot B Property; (ii)
constructed by the Lot 1 Owner in the approximate configuration shown on Exhibit I
attached hereto; (iii) used only by the Owners and Occupants of Albertville Plaza Third
Addition to display the name, branding and/or logo of any business being operated on such
applicable Tract in Albertville Plaza Third Addition; and (iv) each Owner and/or Occupant
of the applicable Tract shall maintain, repair and replace the sign panel allocated for its
exclusive use at their sole cost and expense. The grantees of the easement rights for the
Shared Sign set forth herein shall have the right to access across portions of the Outlot B
Property for access to, and from, the Shared Sign Easement Area for any purpose not
inconsistent with the casement rights granted herein.
(b) Maintenance of Shared Si . The Lot 1 Owner or Occupant of the Lot 1 Property, shall, at
its sole cost and expense, be solely responsible for the maintenance, repair, and replacement,
of the Shared Sign structure (but not the sign panel(s) which shall be maintained in
accordance with the provisions of (a) above, including all costs of electrical service serving
the Shared Sign.
(c) Performance of Work —Shared Sinn. All work on the Shared Sign (including the sign
panels) shall be performed by the Owner or Occupant having responsibility for same, its
agents, employees and contractors, in and about the Shared Sign Easement Area shall be
conducted with the least possible inconvenience or interference to the Owner of Outlot B
and the Occupants of Outlot B. Upon the completion of any such world, the applicable
Owner or Occupant conducting such work shall promptly remove all debris, materials and
equipment and restore the surface of the Shared Sign Easement Area to the same condition
as existed prior to such work.
(d) In no event shall any billboard type sign be located on any Tract within Albertville Plaza
Third Addition. In no event shall any pylon or monument sign contain the name of any
business not being operated in, or located within, Albertville Plaza Third Addition. The
foregoing shall not be deemed to prohibit the installation of construction signs or "coming
soon" type signs on any Tract. Except for the Shared Sign, all signs located on any Tract,
including store front, directional, information and parking signs, and freestanding signs, shall
be operated, repaired, replaced and maintained in good order by the Owner of such Tract or
the Occupant(s) of such Tract, shall be fully operational if internally lit and shall otherwise
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Albertville Plaza Third Addition
oEA Agreement v I a.iii
3
be maintained in accordance with the standards of a first class neighborhood shopping center
and in compliance with applicable laws.
C. NONEXCLUSIVE EASEMENTS FOR STORM WATER AND DRAINAGE.
Lot 1 Owner, for itself and on behalf of its successors and assigns, hereby grants and conveys to
the Roden Owner, and its successors and assigns, for the non-exclusive use and benefit of the
Outlot A Property, a perpetual non-exclusive easement for the purpose of providing the Outlot A
Property Owner, its successors and assigns and its Permittees, a right to install a connection to,
and drain storm sewer and storm water drainage from Outlot A, into the stormwater drain pipe to
be constructed by the Lot 1 Owner under and through that portion of real property located within
Outlot A and legally described on Exhibit J attached hereto and made a part hereof by reference
(the "Drainage Easement Area") and related storm water drainage system to be constructed and
installed by the Lot 1 Owner, The Owner of Outlot A, at such Party's sole cost and expense, may
construct and install such connection to the stormwater drain pipe within the Drainage Easement
Area, together with other surface water and/or underground or other storm water facilities to
serve the Outlot A Property, in accordance with applicable local, state, and federal ordinances,
laws, regulations, statutes, and guidelines on or under Outlot A for the sole purpose of draining
storm water and surface water from Outlot A.
The Roden Owner and its successors and assigns in using the easement granted herein shad avoid
any damage to, or material interference with, the stormwater drainpipe and related storm water
drainage system constructed by the Lot I Owner. The Roden Owner and its successors and
assigns shall not make any changes to the Drainage Easement Area (including, without limitation,
to the grading of, or any improvements within, the Drainage Easement Area) without the Lot I
Owner's prior written consent, which will not be unreasonably withheld, conditioned or delayed.
Each Owner shall be responsible, at their sole cost an expense, for the maintenance, repair and
replacement of any storm sewer and storm water drainage facilities located on or under their
Tract.
D. NONEXCLUSIVE UTILITY EASEMENT FOR ELECTRIC AND GAS SERVICE FOR LOT 1.
The Roden Property Owner, for itself and on behalf of its successors and assigns, hereby grants
and conveys to the Lot 1 Owner, and its successors and assigns, for the non-exclusive use and
benefit of the Lot 1 Property, a perpetual non-exclusive easement to construct, reconstruct,
operate, maintain, repair, and replace (i) electric lines and all necessary supporting apparatus and
equipment for the transmission and distribution of electric energy; and (ii) gas lines for the
transportation of gas in all of its forms and other substances, including substances to test and
maintain the gas lines, and all appurtenant facilities necessary and related thereto (the "Lot 1
Utility Facilities"). The Lot 1 Utility Facilities will be constructed and maintained by the Lot 1
Owner, at its sole cost and expense, under and through that portion of real property located within
Outlot B and legally described on Exhibit K attached hereto and made a part hereof by reference
(the "Utility Easement Area") to serve the Lot 1 Property and shall be constructed in accordance
with applicable local, state, and federal ordinances, laws, regulations, statutes, and guidelines.
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0
ARTICLE III
CONSTRUCTION OF IMPROVEMENTS
A. BARRIERS AND TRAFFIC CONTROL. Except for temporary obstructions, as permitted under
Article II, and those required by governmental regulations, no walls, fences or barriers of any sort or
kind shall be constructed or maintained in the Access Drives or any portion thereof. No Party or
Occupant shall take any action that would cause the traffic circulation on any portion of the Access
Drives within Albertville Plaza Third Addition to be changed.
ARTICLE IV
OPERATION MAINTENANCE AND INSURANCE
A. STANDARDS. From and after the date of the completion of construction on a Tract, the Owner or
Occupant(s) of such Tract shall operate and maintain or cause to be operated and maintained the
improvements on such Tract, including without limitation, any building, parking areas, sidewalks,
landscaping and signage in good order, condition and repair. Without limiting the generality of the
foregoing, the Owner or Occupant(s) of such Tract shall do the following: (i) maintain the surface of
parking areas and sidewalks level, smooth and evenly covered with the type of surfacing material
originally installed thereon, or such substitute therefor as shall in all respects equal or exceed the
quality, appearance, and durability of the original; (ii) regularly remove paper, debris, filth and refuse
from the Tract and wash or sweep paved areas within such Tract as required; (iii) maintain in good
condition and repair, parking area entrances, exits and directional signs, markers and lights installed
within such Tract; (iv) repaint striping, markers, directional signs, etc., as necessary to maintain the
Tract in first-class condition; (v) maintain landscaping as necessary to keep the Tract in a first-class
condition; (vi) remove snow and ice within such Tract as necessary; (vii) seal coat surface paving
within such Tract whenever necessary; (viii) maintain suitable and adequate lighting within the
Tract including the parking areas; and (ix) repave parking areas as needed in the reasonable
discretion of the Owner of such Tract to maintain the parking areas in first-class condition.
B. GOVERNMENTAL REGULATIONS. Each Party shall comply with all applicable laws, rules,
regulations and requirements of all public authorities with respect to the use and operation of its Tract
and shall indemnify, defend and hold each other Party harmless from and against all claims,
demands, losses, damages, liabilities and expenses of all suits, actions and judgments (including, but
not limited to, costs and reasonable attorneys' fees including costs of appeal) arising or accruing from
the use, occupation or maintenance, or any act or omission on or related to such other Parry's Tract.
The Parties against whom a claim is made or a suit or action commenced, shall give prompt and
timely notice of any such claim, suit or action to the Party whose indemnity is required under this
OEA.
C. CASUALTY INSURANCE. Each Party shall at all times cause all improvements situated on
such Parry's Tract to be insured against loss or damage by fire, tightening, and such other risks as
are from time to time included in the "fire and extended coverage" or "special form" insurance
policy issued in Minnesota, in an amount equal to at least one hundred percent (100%) of the
replacement cost of such improvements (said amount may exclude foundation and excavation
costs and costs of underground flues, pipes and drains), each policy of property damage insurance
shall also include a replacement cost endorsement.
D. LIABILITY INSURANCE. Each Party will, or will cause its Occupant(s), at all times, at its sole
cost and expense, to maintain, or cause to be maintained, Commercial General Liability
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Insurance, which includes premises/operations, contractual liability, personal/advertising injury,
against claims for personal injury or death and property damage occasioned by an incident
occurring upon, in or about Albertville Plaza Third Addition. Such insurance in each case will
have a minimum limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate,
which limits may be obtained through a combination of primary and umbrella or excess policies.
E. REQUIREMENTS FOR INSURANCE. All insurance required to be maintained under this OEA
shall be issued by insurers qualified or licensed to do business in Minnesota and having a
minimum A. M. Best Company, Inc. (or any successor rating organization) general policyholder's
rating of A-: VIII or better, and shall contain a deductible of no more than $25,000.00 per
occurrence and shall be primary and noncontributing. Such insurance may be maintained under a
blanket insurance policy or policies covering other premises, property or insureds, provided such
policy or policies otherwise comply with this Article IV. Certificates of insurance shall be
delivered to each Party and to the Mortgagee of such Party upon request. Any liability insurance
required to be maintained hereunder shall name the other Parties and their Mortgagees as
additional insureds as their respective interests may appear and all policies shall provide that such
policy shall not be canceled, materially changed or non -renewed without at least thirty (30) days
prior written notice to each other Party.
F. INDEMNIFICATION. Each Party shall defend, indemnify and save each other Party and the
Occupants of any Tract harmless from and against all claims for injury or damage (including
attorneys' fees and court costs plus the costs of appeal incurred by the indemnified Party) arising
from, related to, or in any way connected with the use or occupancy of the indemnifying Parry's
Tract, unless such injury, loss, claim or damage is attributable to the negligent or intentional act
of the indemnified Person or its agents, employees or contractors.
G. WAIVER OF SUBROGATION. Anything in this OEA to the contrary notwithstanding, each
Party, on behalf of itself and its Occupants, by accepting an interest in the Property comprising a
portion of Albertville Plaza Third Addition, does hereby waive any and all rights of recovery,
claim, action or cause -of action, against the other Parties, their respective Occupants, and their
respective employees, agents or contractors for any loss or damage that may occur to the Tract of
such Party, or any improvements thereon, or any property of such Party therein, by reason of fire,
the elements, or any other cause which can be insured against under the terms of standard fire and
extended coverage or special form property damage insurance policies, regardless of cause or
origin, including negligence of the other Party, its agents, employees or contractors and covenants
that no insurer shall have any right of subrogation against such other Party.
I. CONSTRUCTION DISRUPTION. Any construction, maintenance, repair or reconstruction on a
Tract, shall be done in such a manner as to cause as little disturbance in the use of Albertville Plaza
Third Addition as is practical under the circumstances and shall be diligently pursued to completion
after commencement in order to minimize the period of disturbance.
REAL ESTATE TAXES. Each Party shall pay or cause to be paid all real property taxes, other
special taxes and assessments levied against such Party's Tract, and the buildings and improvements
thereon (herein called "Taxes").
K. RECONSTRUCTION AFTER DESTRUCTION. In the event that any improvements located within
Albertville Plaza Third Addition shall be damaged or destroyed by fire or other casualty, the owner of
the Tract upon which such improvements are located shall promptly, with due diligence, repair,
rebuild and restore such building to a complete architectural unit or alternatively said Party shall
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C
promptly clear, clean and raze the damaged improvements and seed and maintain its Tract in a neat
and clean condition.
ARTICLE V
FAILURE TO PERFORM
A. GENERAL. If there is a failure by any Party to perform, fulfill or observe any agreement contained
in this OEA, which shall continue for thirty (30) days after written notice from any other Party, or in
the event of eminent danger to the health or safety of Persons in, on or about Albertville Plaza Third
Addition after reasonably diligent efforts to contact such Party, the requesting Party may cure such
failure or breach on behalf of the defaulting Party. Any amount which the Party so electing to cure
shall expend for such purpose or which shall otherwise be due from any Party to the others, shall be
paid to the Party, to whom due on demand, upon delivery of an invoice, together with interest at the
rate of interest provided in this OEA. The provisions of this paragraph shall be in all respects subject
and subordinate to the lien of any Mortgage on the land of the defaulting Party and the rights of the
holder or holders of any Mortgage of record at the time any lien is filed.
B. OTHER REMEDIES. In addition to the right of self help set forth above, if any Party defaults in the
performance of any provision of this OEA, which default continues for a period of thirty (30) days
after notice, with respect thereto, any other Party may institute legal action against the defaulting
Party for any legal or equitable remedy available. The remedies and hens provided herein and the
enforcement thereof as herein provided shall be in addition to and not in substitution for or exclusion
of any other rights and remedies which the parties may have under this OEA or at law or in equity.
Except that in no event shall any remedy include the right to terminate this OEA.
C. LIENS. Liens provided for herein shall be effective when filed of record as a claim of lien in the real
property records of Wright County which claim of lien shall contain the following as well as any
other information required by law in order to cause the lien to be effective: (i) a statement of the
unpaid amount of costs and expenses; (ii) a description sufficient for identification of the property of
the defaulting Party which is the subject of the lien; (iii) the last known name and address of the
Party owning the property which is the subject of the lien; and (iv) the name and address of the lien
claimant. A curing Parry's right to record a lien as provided herein shall not be impaired by an
intervening sale or other disposition of the affected Tract by the defaulting Party, however, such lien
shall be subordinate to the interest of any prior recorded Mortgagee or of any Occupant (other than
the defaulting Party) of the defaulting Party's Tract. The lien shall be for the benefit of the curing
Party, and may be enforced by any remedies afforded lien claimants under applicable law or
otherwise, including, without limitation, causing a notice of foreclosure to be recorded against the
defaulting Party's Tract and thereafter causing the Tract to be sold or assigned in the manner provided
by applicable law. The curing Party shall have the right to purchase the interest of the defaulting
Party at such foreclosure sale. Upon payment in full of the amount due to the curing Party (prior to a
foreclosure sale) together with interest due thereon and attorneys' fees relating thereto, the curing
Party shall promptly cause to be recorded a notice stating the satisfaction and release of the lien
against the defaulting Party's Tract.
D. INJUNCTIVE RELIEF. In the event of any violation or threatened violation by any Party or
Occupant of any of the terms, restrictions, covenants or conditions of this OEA, any Party or
Occupant, shall have the right to enjoin such violation or threatened violation in a court of competent
jurisdiction.
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7
ARTICLE VI
USES
A. USE OF ALBERTVILLE PLAZA THIRD ADDITION. Without the prior written approval of
each Party owning a Tract within Albertville Plaza Third Addition, no Party shall do any of the
following or permit any of the following to be done on its Tract: (i) close, restrict or otherwise
alter the entrances to Albertville Plaza Third Addition from adjacent rights -of -way, streets and/or
access easements except as provided in Article II hereof; or (ii) change the size, configuration
and/or location of the Access Drives in Albertville Plaza Third Addition.
ARTICLE VII
MISCELLANEOUS
A. AMENDMENT. Any amendment of this OEA shall not be binding on any Party whose interests
hereunder occurred prior to the date of such amendment unless such Party shall acknowledge in
writing such Parry's consent thereto.
B. ATTORNEYS' FEES. In the event any Party, Parties or Occupant, shall institute any action or
proceeding against another or others relating to the provisions of this OEA, or any default thereunder,
then, and in that event, the unsuccessful litigant in such action or proceeding shall reimburse the
successful litigant therein the reasonable costs of attorneys' fees and disbursements incurred therein
by the successful litigant.
C. BENEFITS. Each and all of the provisions of this OEA on the Parties' part to be performed (whether
affirmative or negative in nature) are intended to and shall inure to the benefit of and bind each and
every Party, their successors and assigns and shall inure to the benefit of and bind every Occupant,
and their respective successors in title or interest.
D. BINDING ON FUTURE PARTIES. This OEA shall run with the land and be binding upon all
Tracts within Albertville Plaza Third Addition and shall bind each and every Party having any
interest in any part of Albertville Plaza Third Addition at any time and from time to time.
E. BREACH SHALL NOT DEFEAT MORTGAGE. A breach of any of the terms, conditions,
covenants or restrictions of this OEA shall not affect the lien of any Mortgage, but such terra,
condition, covenant or restriction shall be binding upon and effective against any Person who
acquires title to a Tract encumbered by a Mortgage by foreclosure, trustee's sale or otherwise. No
Mortgagee shall be personally liable for any breach hereunder unless and until such Mortgagee takes
title to a Tract encumbered by said Mortgage and then only for breaches which occur after the date
such Mortgagee takes title.
F. ESTOPPEL CERTIFICATE. Any Party having rights under this OEA shall, upon written request of
any other Party, issue to such Party, or to any Mortgagee, or any other Person specified by such
requesting Party, within thirty (30) days, an estoppel certificate stating: (i) whether the Party to
whom the request has been directed knows of any default under the OEA by the requesting Party, and
if there are known defaults specifying the nature thereof; (ii) whether to its knowledge the OEA has
been modified or amended in any way (and if it has, then stating the nature thereof); and (iii) that to
the Parry's knowledge the OEA as of that date is in full force and effect. Such statement shall act as a
waiver of any claim by the famishing Party to the extent such claim is based upon facts contrary to
those asserted in the statement, however, such statement shall in no event subject the furnishing Party
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OEA Agreement v I a.iii
to any liability whatsoever, notwithstanding the negligent or otherwise inadvertent failure of such
Party to disclose correct and/or relevant information.
H. GOVERNING LAWS. This OEA shall be cotistrued in accordance with the laws of the State of
Minnesota.
NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of Albertville Plaza Third Addition to the general public or for any public
purpose whatsoever, it being the intention of the Parties hereto that this OEA shall be strictly limited
to and for the purposes herein expressed.
NOTICES. Notices required under this OEA shall be in writing and deemed to be properly served
on receipt thereof or date of first attempted delivery if sent by certified or registered snail or the
following day after being sent by a national courier service to the following addresses or at such
other address as may hereafter be specified by the Parties:
Lot I Owner;
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)
and
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
Roden Owner:
BEATRICE I. RODEN
5953 Labcaux Ave NE
Albertville, MN 55301
K. INTEREST. If pursuant to this OEA any Party is compelled or elects to pay any sum of money or do
any act(s) which require the payment of money by reason of any other Party's failure to perform
under this OEA, or if any amount otherwise payable by any Party to any other Party pursuant to the
terms and provisions of this OEA shall not be paid when due, the defaulting Party shall promptly
upon demand, reimburse the paying Party for such amounts, and all such amounts shall bear interest
at the rate of three percent (3%) per annum over the then existing prime rate of interest per annum as
stated in the Wall Street Journal or its successor (but in no event exceeding the maximum rate
permitted by law) from the date of expenditure until the date of reimbursement. If repayment shall
not be made within ten (10) days after demand for same, the Party having so paid shall have the right
to deduct the amount thereof, together with interest as aforesaid, without liability, from any sums
then due or thereafter becoming due from it to the defaulting Party hereunder. Any deduction made
by the Party having so paid pursuant to the provisions of this Article shall not constitute a default in
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OEA Agreement v la.iii
9
the payment thereof unless such Party fails to pay the amount of the balance of such sum to the Party
to whom the sum is awing in a timely manner. The option given in this Article is for the sole
protection of the Party so paying and its existence shall not release the defaulting Party from the
obligation to perform the terms, provisions, covenants and conditions herein provided to be
performed or deprive the Party so paying of any legal rights which such Party may have by reason of
any default.
M. SEVERABILITY. If any term or provision of this OEA shall, to any extent, be determined by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this OEA (or the
application of such term, provision or condition to Persons or circumstances other than those in
respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, provision
and condition of this OEA shall be valid and enforceable to the fullest extent permitted by law.
N. TIME OF ESSENCE. Time is of the essence with respect to the performance of each of the
covenants and agreements contained in this OEA.
O. WAIVER OF DEFAULT. No waiver of any default by any Party to this OEA shall be implied from
any omission by any other Party to take any action in respect of such default if such default continues
or is repeated. No payment by any Party or receipt by any other Party of an amount less than the Ul
payment due hereunder shall be deemed or construed to be other than a payment or receipt on
account of the earliest amount due, and no such partial payment shall be deemed an accord and
satisfaction. No express waiver of any default shall affect any default or cover any period of time
other than the default and period of time specified in such express waiver. One or more waivers of
any default in the performance of any term, provision or covenant shall not be deemed to be a waiver
of any subsequent default in the performance of the same term, provision or covenant. The consent
or approval by any Party to or of any act or request by any other Party requiring consent or approval
shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent
similar acts or requests. The rights and remedies given to any Party by this OEA shall be cumulative
and no one of such rights or remedies shall be exclusive of any other, or of any right or remedy at law
or in equity which any Party might otherwise have by virtue of a default under this OEA, and the
exercise of one right or remedy by any Party shall not impair such Party's standing to exercise any
other right or remedy.
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OEA Agreement v I a.iii
[,SIGNATURES ON FOLLOWING PAGES].
10
IN WITNESS WHEREOF, Roden Owner and Lot l Owner have caused this OEA to be executed as
of the date first written above.
RODEN OWNER:
By: 4'WA'�%Z
Name: Beatrice I. Roden, widow
ACKNOWLEDGMENT
F,@7 7KellyAKolbingeSTATE OF MINNESOTA } blic
)ss. ta
COUNTY OF WRIGHT ) nuary 3 .
This instr=ent was acknowledged before me
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OEA Agreement v 1 a. iii
(amyCommissInn
Kelly A KolbingerNo#ary PublicMinnesota Expires January 3t, 2030
11 ! A p 0-1"-,, 2025 by Beatrice I. Roden, widow.
11
LOT 1 OWNER:
ALBERTVILLE, MN (LOT 1) LLC, an Illinois limited liability company
By:�
Name: Laris0aA.Addison, Manager
ACKNOWLEDGMENT
STATE OF ILLINOIS }
) ss.
COUNTY OF DUPAGE )
This instrument was acknowledged before me on _ 2025 by Larissa A. Addison, a
Manager of ALBERTVILLE, MN (LOT 1) LLC, an Illinois limited liability company, on behalf of the
limited liability company.
-Notaryllblic, State of Illinois
My Commission Expires:
9-OFFICAL SEAL
ELIZABETH ANN IRVING
Notary Public, State of flfinois
Commission No. 190021
My Commission Expires
0 November 17, 2028
This instrument prepared outside the State of Minnesota by Larissa A. Addison, Esq., InSite Real Estate,
L.L.C., Legal Department, 1400 16th Street, Oak Brook, IL 60523,
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OI A Agreement v Ia.iii
12
EXHIBIT A
Legal Description of the Lot I Pro er
Real property in the City of Albertville, County of Wright, State of Minnesota, described as
follows:
Lot 1, Block 1, Albertville Plaza Third Addition, Wright County, Minnesota.
(Abstract Property)
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13
EXHIBIT B
Legal Description of Oulot A Property
Real property in the City of Albertville, County of Wright, State of Minnesota, described as
follows:
Outlot A, Albertville Plaza Tbird Addition, Wright County, Minnesota.
(Abstract Property)
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14
EXHIBIT C
Legal Description -of the Oudot B Property
Real property in the City of Albertville, County of Wright, State of Minnesota, described as
follows:
Outlot B, Albertville Plaza Third Addition, Wright County, Minnesota.
(Abstract Property)
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15
EXHIBIT D
Site flan
EASEMENT FXHI BIT FOR:
INSITE REAL. ESTATE. INVESTMENT
PROPERTIES, L.T-;,C.
SHOWING THE LOCATION OF ENIST1NG & PROPOSED
rT- ROADWAY EASENIFNT
ci-
I i z
IE [�
I 1
l \
'Exkaling Roadway Easement
I I
I I
1 I
I I
SCALE 1" = 150'
Proposed' Roadway Easement
t 1
3 ----------------
t
I
I -,
i
I —ody that this survey. Phan, or report was piepa<ed by me o[ under my
d4ect sopewl ion and that € am a duty Licensed Land Surveyor under
'.
s krr r
the 1—ortheState nr
F.B. No. 1132-66 PronResna
1 No. 90653O
,r
Prepared thK511h1dNovember 2024.
/�,�®®E
ARaLAND
SaRVEYING 5ENGINEERING
/eat 73N Avenue Nattn (7631 WO-X93
Mk�neapola. Mlm�esota 5647e DemarcW.-
-
�'� N 0 039
c , hi�nn Reg_ No 24992
- - 1 _ . ^�y'!i- - --'. 1. , ._ I-IL',C%1
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OEA Agreement v Ia,iii
16
404111.11.39.M 31
Legal Description of the Proposed Roadway of the Lot 1 Proper
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.
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17
EXHIBIT F
Leeal Description of the Proposed Roadway of the Outiot_A Property
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.
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18
EXHIBIT G
Legal Description of the Pro osed RoadwaV of the Outlot B Property
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.
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19
EXHIBIT H
Legal Description -and Depiction of the Shared Sign Easement Area
l= ASE1Nff`iT FD=1T FOR
DSITE REM.. ESTATE ENT-ESTIiEN'T
PROPERTIES. L_L_C.
aF OWa , G UiE LOCATIO v AND DESMPTIO`» OF
`
THE FPOPOSED SIGN i k 524EN
PID No.. TBD
A,kl-=_s, L irassgr.,:d a6ldnass. Akce�-Ale, LIN
L eCal: OvJ z B, 41-er. to Plaza - d Ad&f�n
N 69`28"0" E 301.88
`per-,
_
is
'J
Lu
O
Ci�
,, CT
C`7
co
.J
2 ,W7
_
N 89 28'41" E 561.00
Ease'r�,7 fox s gn purpss s owE, pa+S of Cht,c B, ALBER72ILLE :PLAZA 7, 4I?D A-0,7710h1- `Wngn,i Ct-un.:r.
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Ccm-enefng A .h= : ort--a5 comsr of =_a=d D *y F: :he esst >ne a said Orr?- B .F 3 Yam: 2a
the main? r.f hev nrA.n€ of sad ea_-em,_-M- r South H Jed•ee�s 23 .^nmAes 53 5 _ 1ccrAs'eliest, aLzu.-7=d bear,2
pa`alW _e the r'.rh 1'..7'R V.said 6:W0'_ E 17.41 feet; *hence South Un �.-�= a9 ,rm -ems C� s� n� ' ei=st 12.Gp f
aw, cew La c-,h Bit degee5 ?B mr.,,dss 50 seconds East 1C,2P Peet to a poor., can the east See rf sold Oust B: t r---
Plor erly a'cgg said east line S' Cie f--c- to f--e pu,.nt of bgnm g and era Wirer tng-
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Sheet 4 of 4 Sheets
5/ 15/2025
Albertville Plaza Third Addition
OEA Agreement Ia.iii
20
5/15/2025
Albertville Plaza Third Addition
OEA Agreement v i a.iii
EXHIBIT I
Approximate Configuration of Shared_Si n
E TO
ING COLOR
21
EXHIBIT J
Legal Description of the Drainage Easement Area
EASEMENT E-'�anIT FORZ
SITE REAL ESTATE LWEST_riENT
PROPERTIES_ L.L.C.
SH0\1T1,TG TY.E LOCATIOI: AD DESCRIPTIO'e' OF
THE PROPOSED C t�II.rrY �4SE?ai T
Owner. Beatree I iRoden
PIE, No.: 10150CIJ21101
Address: 5953 L aBeau-? Ave_ NE, ASberwd' MN
Legal: Outot n, Afber:viile Playa Third Addition
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Easement for utility purposes- orer. under and across that part of Oudol A, ALBE9-PALLE PLA2 THIRD ADDITION.
,'right County, Minnesota described as follows:
Beginning at the northwest comer of said Outict A; thence South 00 degrees I", nanums 10 seconds East. assumed
tearing, along the 'nest Me of said Ovtot A 127.1 t fee: to the point of hegin,imng of said easement: thence North 68
degrees 50 m nutes 003 seconds East 31,27 reel: thence South 01 degrees 09 minutes 54 secordr East 15 03 fit thence
South 6p degrees 50 minutes 06 cecondw'Alest 31 441 feet to a paint on the west the of sa-d Crutiot A, thence North, Ory
degrees 31 nt rutes 10 seconds West a#ong said crest ;ins of outtot A 15.00 feet to We paint of beg nnmtg and there
temunating.
I ce_Mf, thal. 11,< surrey. G'an, O' n-pai vas pr;par� ny rr_ or urd� ray
- d"'TEct su.�4 na Gwij bread Lard _.3r;eyvr
larr5 e L" tMa &, V; rL=scZ
F.B. No. 1 132-65 Proj. No. 505F�D f f — Prepared this Str1 da -cf November 2024_
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Ifi�nrnn„ctl.. .Iri.�nl. nr.a13 rrar irr_cera Sheet 2 of 4 Sheets
5/15/2025
Albertville Plaza Third Addition
OEA Agreement v ta.iii
22
EXHIBIT K
Legal Description of the Utility Easement Area
F-4�EIv,` NT E3a-BBIT FOR
INSITE REAL E S T?.TE I_`tiVE S T IEN T
PROPERTIES. L.L.C,
SHOihTvG THE LOCAUO?: A\TD DESCRIPTION' OF
Owner Beatrice I Roden THE PROPOSFD UTILiTl zASEN'=, �4TT
P!D No.. TO[)
Addre,s' Unassigned address, Al::ertville, MN
Leaal: Outlot B. Albenvilte Plaza Third Additian
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UTILITY EASEMENT DESCRIPTIONS
Ear-enient for utility purposes aver. under and across mat pert of Ou;rot B, ALBERT:+iLLE PLAZA THIRD ADDIT1011 Viltight
County, Minnesota descnbed as fo;iows:
Commencing at the northwest corner of said Outlot 6: thence South 00 degrees 3: minutes 10 secrrA,- East, assumed beanng,
along the inert Eire of said Outfot B, 14.68 feet to the point of beginning of said easement, thence Nonh 86 degrees 50 minutes
06 seconds East 300.31 feet to a point on the east line of said Outlot B. said Point beina 11 41 feet 5-�udh of the nord-east
cornet thereof as measured along said east line; thence 5ovtherto; along the east !be of said Ou"ot B 15.15 felt; thence Soul'
&B degrees 50 minutes 06 secanSv Welt 299,34 fee: to the •crest Line of said Outot B. thence Uortn Gil degrees 31 na::tlutes 10
seconds West along said west litre 15.00 .`eel to the point of':)egrnning and 4here tem,,inaling-
/ -IAir
F.B. No. 1 132-66 Pr0j. No. 93653D
DEMARC
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5/15/2025
Albertville Plaza Third Addition
OEA Agreement v la.iii
I n r fy that i. ,•jr.ey, Flan, or repr-,j v.a< p�i=arn- G'yrrr'- +Ir urd-r my
c-`, -t and dPai I � a d— y Lx ,d iurie'� carder
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Prepared this 51h djy of November 2024
t rr Reg rlo ar+_
Sheet 3 of 4 Sheets
23
EXHIBIT D
"[APA]" Agreement
ALBERTVILLE PLAZA ASSOCIATION MEMBERSHIP AGREEMENT
This Albertville Plaza Association Membership Agreement ("Agreement") is made as of
, 2025 by and between _, the owner of Lot
Block Albertville Plaza _ Addition ("Member") and the Albertville Plaza
Association, a Minnesota nonprofit corporation, with respect to real estate located in Albertville
(Wright County), Minnesota ("Association").
RECITALS
WHEREAS, on March 2, 2001, Albertville Plaza, LLC ("Developer") and the City of Albertville,
entered into a Developer's/Planned Unit Development Agreement (Document No. 733277) ("2001
Development Agreement") with respect to the development of certain real estate in Albertville,
Wright County, Minnesota thereafter identified as Albertville Plaza ("Albertville Plaza" or "Plat").
The Development Agreement included a provision declaring that the "streets, curb, gutter,
municipal water, sanitary sewer, stoma sewer, and ponds in Said Plat shall remain private and the
cost of maintenance of these items must be borne by the lots in Said Plat in accordance with the
terms of the Maintenance Agreement...."
WHEREAS, on March 2, 2001, the Developer and the City of Albertville entered into that certain
Maintenance Agreement for Lots in Albertville Plaza Addition (Document No. 733279).
WHEREAS, on September 11, 2006, Developer and the City of Albertville entered into a
Developer'slPlauned Unit Development (PUD) Agreement for the plat identified as Albertville
Plaza Second Addition (Document No. A1026216) ("2006 Development Agreement"). Albertville
Plaza Second Addition consists of the two parcels of land previously identified as "Dutlot A" in
the 2001 Development Agreement.
WHEREAS, on September 7, 2006, Developer and the City of Albertville executed the
Amendment to Maintenance Agreement for Albertville Plaza (Document No. A1028678)
("Amended Maintenance Agreement"). The Amended Maintenance Agreement expanded the
original Maintenance Agreement to include Albertville Plaza Second Addition.
WHEREAS, on April 30, 2021, the city of Albertville notified the owners of the lots
comprising Albertville Plaza and Albertville Plaza Second Addition that the Amended
Maintenance Agreement expired thereby triggering the obligation of the lot owners to
create an association to maintain the streets, ciarb, gutter, sanitary sewer, storm sewer, and
ponding within both Albertville Plaza and Albertville Plaza Second Addition_
WHEREAS, on May 31, 2024, the owners of the Iots located in Albertville Plaza and Albertville
Plaza Second Addition incorporated Albertville Plaza Association as its nonprofit private road
association and passed the Association's Bylaws.
WHEREAS, the City of Albertville has requested that the developer and owners of the Albertville
Plaza Third Addition join the Albertville Plaza Association and contribute to the maintenance,
repair and replacement of all of the .Private Roads (as defined in the Association's Bylaws),
excluding any fees, costs, expenses or the like for or associated with any deferred maintenance
required thereto.
NOW THEREFORE, in consideration of the promises and covenants contained herein, as well
as other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties do agree as follows:
The Member listed below has (i) made application to join Association and (ii) has agreed
to be bound by the terms and conditions of the Association's Bylaws, as may be amended
from time to time, until such time as the Member sells said lot(s):
Lot , Block , Albertville Plaza Addition
If checked, the legal description of the Member's additional lot(s) is attached hereto
as Exhibit 1.
2. This Agreement constitutes a legally binding agreement between Member and Association
and governs the Member's access to, and use of, the Association's services (the
"Membership Services") as defined in the Association's Bylaws.
1 Upon the addition of each new Member to the Association, the pro rata share of all
Members shall be revised by dividing the square footage of each Member's lot(s) by the
total square footage of all lots within the Association. The pro rata share for Member is as
follows:
Sq. Ft. within .Lot , Block Albertville Plaza Addition /
Total Sq. Ft. within the Association = %
If checked, the square footage and resulting pro rata share of each Member's Streets
Maintenance Cost Allocation is attached hereto as Exhibit 2.
4. Member acknowledges that membership in the Association is a requirement for approval
of Member's Developer's/ Planned Unit Development plan for Albertville Plaza Third
Addition.
This Agreement shall be construed and enforced in accordance with the laws of the State
of Minnesota. Any proceedings relating to the interpretation or enforcement of this
Agreement shall be brought in state or federal courts located in the State of Minnesota_ The
Member hereby consents and submits to the jurisdiction of such courts.
6. This Agreement shall terminate as follows:
a. Upon either party providing the other with a written notice of the Member's intent to
terminate membership in the Association.
If either party breaches this Agreement, and said breach is not corrected within thirty
(30) days of the breaching party receiving written notice of said breach.
G. Upon the death of a Member, the inability of the Member to pay the fees required, the
liquidation, dissolution, or discontinuance of the Association by the Association in
any manner, or the filing of any petition by or against the Association under federal
or state bankruptcy or insolvency laws.
Member agrees to bold the Association, its owners, affiliates, and representatives, harmless
from any damage, whether tangible or intangible, which may happen to Member while
participating in the Membership Services.
Member agrees and verifies that all of the information they have given the Association, and
its representatives is accurate, up to date, and without the omission of any requested
information.
This Agreement constitutes the entire understanding between the Member and the
Association with respect to any and all use of the Membership Services. This Agreement
supersedes and replaces all prior or contemporaneous agreements or understandings,
written or oral, regarding the parties' relationship.
10. This Agreement may be executed in counterparts, all of which shall constitute a single
agreement. The Agreement shall be effective as of the date set forth. above.
11. Any provision of this Agreement which by its terms imposes continuing obligations on
either of the parties shall survive termination of this Agreement.
12. If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or
competent arbitrator, the remaining parts and sub -parts will be enforced to the maximum
extent possible. In such condition, the remainder of this Agreement shall continue in full
force.
13. All notices, requests, consents, claims, demands, waivers, and other communications
hereunder ("Notice") shall be in writing and addressed to the parties at the addresses set forth
below;
� 1 i
TO ASSOCIATION: ALBERTVILLE PLAZA ASSOCIATION
c/o Lawrence P. Adams
5429 Nelmark Ave. NE
St Michael, MN 55376
All notices shall be delivered by email or at the address which the parties may designate to
each other, personal delivery, nationally recognized overnight courier (with all fees
prepaid), or certified or registered mail (return receipt requested, postage prepaid). Except
as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party
has received the Notice and (b) the party giving the Notice has complied with the
requirements of this Section.
[Signature Page to Follow]
IN WITNESS WHE1R.EOF, the Member has executed this Agreement as of the day and year
first above written.
eta'" mm':71
Date: By:
Name:
Title:
ALBERTVILLE PLAZA ASS®CI ATION
Date: By:
Name:
Title:
EXHIBIT I
Member's Legal Description
Lot , Block , Albertville Plaza Addition
FYJH SIT 2
Members' Pro Rata Cost Sbaring for Streets Maintenance upon Approval of New
Member(s)
Sq. Ft. within Lot 1, Block L Albertville Plaza I
Sq. Ft. within the Association = %
Sq. Ft. within Lot 2, Block 1, Albertville Plaza /
Sq. Ft. within the Association = %
Sq. Ft. within Lot 3, Block 1, Albertville Plaza 1
Sq. Ft. within the Association = %
Total
Total
Total
Sq. Ft. within Lot 1, Block 1, Albertville Plaza Second Addition /
Total Sq. Ft. within the Association — %
Sq. Ft. within Lot 2, Block 1, Albertville Plaza Second Addition I
Total Sq. Ft. within the Association — %
Sq. Ft. within Lot , Block , Albertville Plaza Third Addition /
Total Sq. Ft. within the Association = %
Sq. Ft. within Lot , Block , Albertville Plaza Third Addition 1
Total Sq. Ft. within the Association = %
Sq. Ft. within Lot , Block , Albertville Plaza Third Addition /
Total Sq. Ft. within the Association = %
Members' Total Pro Rata Shares = 100 %
EXHIBIT E
Utility Plan
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