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2025-06-27 PUD Agreement Albertville Plaza Third Addition Lot 1, Block 1-RecordedDOCUMENT #: A1582315 08-01-2025 at 10:30 AM Certified filed and or recorded on above date TANYA WEST WRIGHT COUNTY RECORDER WRIGHT COUNTY, MN Pages: 80 Fee Amount: $46.00 By: MF 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 — LOT 1, BLOCK 1 THIS PLANNED UNIT DEVELOPMENT AGREEMENT (the "Agreement"), entered into this day of TLLLL,e-- 2025 by and between ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company, referred to herein as "Developer", and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Beatrice 1. Roden, referred to herein as "Roden", a private land owner, is the fee owner of the real property known as Outlot A and Outlot B of the Albertville Plaza Third Addition according to the plat of record as filed in the Office of the Wright County Recorder, Wright County, Minnesota, collectively referred to herein as the "Roden Property"; WHEREAS, an affiliate of Developer is the contract purchaser (and Developer may become the fee owner) of the real property known as Lot 1, Block 1, Albertville Plaza Third Addition according to the plat of record as filed in the Office of the Wright County Recorder, Wright County, Minnesota (the "Developer's Property"). The real property known as Lot 1, Block 1, Outlot A, and Outlot B, Albertville Plaza Third Addition according to the plat of record as filed in the Office of the Wright County Recorder, Wright County, Minnesota shall hereafter collectively be referred to as "Said Plat". Said Plat is attached hereto as Exhibit A; and WHEREAS, Developer has requested, and the City has given approval to, the following requests pursuant to the City's Zoning and Subdivision Ordinances: A. The establishment of a three -lot subdivision consisting of three separate lots known as: (i) Lot 1, Block 1, (ii) Outlot A, and (iii) Outlot B, Albertville Plaza Third Addition; and B. Planned Unit Development Zoning as set out in this Agreement and in City Ordinance; WHEREAS, the City's approval of Developer's requests is contingent upon Developer entering into this Planned Unit Development Agreement (hereafter, "Agreement"); and WHEREAS, the City requires that Developer construct certain improvements (collectively, the "Municipal Improvements") including, but not limited to: the installation of sanitary sewer, municipal water, fire hydrants, bituminous trail, bituminous turn lane, grading and installation of storm water ponding on Developer's Property with such Municipal Improvements to be financed by, and installed by, Developer in accordance with the permits issued for such Municipal Improvements and in the manner more specifically set forth in the Approved Plans and Specifications (as such term is defined below); and WHEREAS, the City requires the installation of Private Improvements on Developer's Property including private streets, grading and installation of storm sewer, topsoil and sod, bituminous or concrete driveways and parking lots, landscaping, parking lot lighting, street cleanup during project development, erosion control, and other site -related items to be installed and financed by Developer as more specifically set forth in this Agreement; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: Zoning/Subdivision Approvals. The following zoning -related items are hereby approved, subject to the following conditions: A. The proposed subdivision will create the following: (i) Lot 1, Block 1; (ii) Outlot A; and (iii) Outlot B, each as shown on the Final Plat of Albertville Plaza Third Addition attached as Exhibit A. B. Developer's Property is zoned Albertville Plaza Third Addition B-2A/PUD, which shall allow all uses set forth in such Zoning District as it may be amended from time to time by the City of Albertville. C. The streets shown on the Site Plan attached as Exhibit C that run west from County Highway No. 19 and north to the northern border of Said Plat shall be private streets and shall not be maintained by the City unless the City, Developer, and all other lot owners within Said Plat obligated to maintain the street enter into a contract to have the City maintain such private streets for compensation. D. A private street easement over the areas shown as private streets on the Site Plan attached as Exhibit C must be established that defines the location and configuration of the private streets and provides access to all such private streets by (i) Lot 1, Block 1, (ii) Outlot A, and (iii) Outlot B, of Said Plat. In addition, Developer shall enter into permanent reciprocal easement agreement(s) with the lot owners of each lot in the Albertville Plaza and Albertville Plaza Second Addition plats (both plats being recorded at the Wright County, Minnesota Recorder's Office) providing for all lots in Albertville Plaza, Albertville Plaza Second Addition, and Albertville Plaza Third Addition to have a non-exclusive perpetual right and easement to access all streets labeled and depicted on the Site Plan attached as Exhibit C. All such easements shall meet the approval of the City Attorney. Said easements shall be recorded immediately after the final plat of Developer's Property at the Wright County Recorder's Office. E. Developer's predecessor in title to Developer' Property entered into that certain agreement entitled "Maintenance Agreement By And Between The City Of Albertville And The Owners Of Lots Within Albertville Plaza Additions For The Maintenance Of Real Property Located In The City Of Albertville, Wright County, Minnesota" dated S,.L - e_ 9 J__1 2025 and recorded :j �,ti L V5 2025 that has made Developer a member of the Albertville 2 Plaza Association, said agreement attached hereto as Exhibit T, and which agreement provides for the maintenance and repair of all streets within the plats of Albertville Plaza, Albertville Plaza Second Addition and Said Plat unless such maintenance is provided for in another agreement or agreements acceptable to the City Attorney. In the event the Albertville Plaza Association fails to maintain the streets in Said Plat, all lots within Albertville Plaza Third Addition, including Developer's Property, shall be responsible for maintaining said streets at the expense of the owners of the lots in Said Plat. F. Developer agrees that except for temporary and reasonable activities required in connection with construction, maintenance, repair, and replacement, no obstruction which would prevent, restrict, or otherwise inhibit, the passage of pedestrians or vehicles over any portion of the private streets on the Site Plan attached as Exhibit C shall be erected, condoned, or permitted by the owner of any property benefited with the private streets, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which in any manner restrict the rights of the respective owners of any of the lots on Said Plat, their tenants, invitees and licensees to fully utilize the shared private streets for the purposes permitted herein. However, in no event shall Developer allow any construction- related traffic that will cause damage to the private streets located on the plats of Albertville Plaza, Albertville Plaza Second Addition, or Albertville Plaza Third Addition (collectively, the "Albertville Plaza Properties") to utilize the private streets, nor shall Developer knowingly allow traffic from Developer's Property to use said private streets if such vehicles have a weight rating which exceeds the weight rating for which said private streets were designed and constructed. Notwithstanding the foregoing, Developer may allow construction -related traffic to use the private streets located within Albertville Plaza Third Addition during Developer's initial development of Developer's Property. G. On -site parking shall be limited to approved parking stalls only. Parking shall be prohibited on -street, within the drive lanes, loading areas, or unpaved surfaces except during initial construction of Developer's Property. All parking spaces shall be designed and constructed to meet City parking standards in accordance with the Approved Plans and Specifications (as defined below). H. The landings and sidewalks adjacent to the exterior of any building on Developer's Property shall be kept clear of obstructions and snow from the building doors to a drive aisle for emergency exit purposes. L 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. Subject to the terms and conditions of this Agreement, Developer shall develop Developer's Property consistent with the plans and specifications as prepared for an affiliate of Developer, InSite Development Services, L.L.0 by (i) ADA Architects, Inc., with an original issuance date of Tune 25, 2024 and as last revised as of the revision date shown on the Enumeration of Plans and Specifications attached hereto as Exhibit I (the "Enumeration of Plans") and (ii) I & S Group, Inc., with an original issuance date of May 14, 2024 and last revised as of the revisions date shown on the Enumeration of Plans which are approved by 3 the City and on file with the City Clerk (the foregoing (1) and (ii) are collectively, the "Approved Plans and Specifications") - for clarification purposes the plans listed in the Enumeration of Plans for the proposed improvement of Developer's Property are contained at City Hall. Developer shall comply with all site plan approval conditions accompanying the City Council approval except where affirmatively modified by this Agreement. K. All grading, drainage, utility and transportation issues that arise during development of Developer's Property shall be subject to review and approval by the City Engineer. L. Developer shall maintain the storm sewer system that is to be constructed on Lot 1, Block 1 of Developer's Property as required by paragraph 2 of this Agreement. Such maintenance shall be subject to and done in accordance with the terms of the Storm Water Maintenance Agreement attached as Exhibit B to this Agreement. M. All private utilities installed on Developer's Property shall be installed underground in a joint trench. N. Developer may construct a multi -tenant pylon sign on Outlot B in the location shown on the Site Plan attached hereto as Exhibit C. Such sign shall be a maximum of 33' in height, with three separate double- sided sign panels to be used by Lot 1, Block 1, Outlot A, and Outlot B only, with a total of 250 square feet per sign face. Prior to construction of said pylon sign, Developer shall obtain an easement for such sign from the owner of said Outlot B permitting Developer to erect such sign, and providing for the maintenance of such sign by the owners of Lot 1, Block 1, Outlot A, and Outlot B. 2. Construction of Municipal Improvements. A. Developer shall construct, at Developer's expense, all of the Municipal Improvements, which are to be located on Said Plat in the manner, and as detailed, in the Approved Plans and Specifications on file with the City Clerk, including the installation of municipal water main, fire hydrants, sanitary sewer main, bituminous right turn lane, bituminous trail, and the pond located on Lot 1, Block 1 of Said Plat (but not the ponds to be located on Outlots A and B of Said Plat) all as shown on the Site Plan, Utility Plan and Grading Plan attached as Exhibits C, D and E respectively. All the Municipal Improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless another date is approved by the City, said improvements shall be installed by March 15, 2026. Notwithstanding, in the event that the Municipal Improvements have not been completed on or before March 15, 2026 due to any factor outside the reasonable control of Developer, including, but not limited to, acts of god, epidemics, pandemics, quarantine restrictions, adverse weather, strikes, labor and/or material shortages, acts of third parties or governmental agencies, then Developer may, upon notice to the City, receive up to a 12- month extension, provided that Developer has initiated the construction of such Municipal Improvements and has made commercially reasonable efforts to continue the construction progress. B. Developer shall provide the City with record as -built drawings for all Municipal Improvements installed by Developer on Developer's Property, consistent with City 0 requirements and subject to review and approval of the City Engineer. Record as -built drawings shall be certified by a registered land surveyor or engineer that storm -water pond, emergency overflows (if any), and Municipal Improvements have been constructed on public easements. Such record as -built drawings shall be provided in paper and/or electronic formats as required by the City Engineer, and shall meet all applicable State requirements for such drawings. C. Developer shall warrant the Municipal Improvements to the City for a period of two years (the "Warranty Period") from the date the City accepts the finished Municipal Improvements that all such Municipal Improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged by Developer to construct said Municipal Improvements on Developer's Property. Should Developer fail to provide the City with all applicable lien waivers required under this Agreement within ninety (90) days after a certificate of occupancy is issued by the City for a building located on the lot owned by Developer, the City reserves the right, after giving Developer no less than thirty (30) days prior written notice and opportunity to cure such failure, to draw upon Developer's surety posted by Developer to secure the performance of such Municipal Improvements and pay any contractors who performed and completed work for Developer on any of such Municipal Improvements and whom Developer has failed to fully pay for the performance of such work; provided, however, that Developer may instead deposit with the City cash for the applicable remaining unpaid amount due if Developer is unable to obtain any such lien waiver. E. The City shall, at its option, have the City Engineer present on Developer's Property for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all reasonable costs incurred by the City during said inspections. 3. Construction of Private Improvements. A. Subject to the terms and conditions of this Agreement, Developer shall construct, at Developer's expense, the following Private Improvements set forth in subsection (i)-(vi) below on Developer's Property, all to be completed by March 15, 2026. Notwithstanding, in the event that the Private Improvements axe not completed on or before March 15, 2026 due to any factor outside the reasonable control of Developer, including, but not limited to, acts of god, epidemics, pandemics, quarantine restrictions, adverse weather, strikes, labor and/or material shortages, acts of third parties or governmental agencies, then, Developer may, upon notice to the City, receive up to a 12-month extension, provided that Developer has initiated the construction of such Private Improvements and has made commercially reasonable efforts to continue the construction progress: i. Private streets, street lights, storm sewer, all as shown in the attached Exhibits C and D. In addition, Developer shall construct on Lot 1, Block 1 of Said Plat, at 5 Developer's expense, 29 bituminous paved parking stalls, bituminous paved drive aisles and parking lot lighting, all as shown in the attached Exhibit C. ii. Landscaping on Lot 1, Block I as shown on the Landscaping Plan attached as Exhibit F, shall cause the replacement of those plants that may from time to time die such that the landscaping shown on Exhibit F is maintained as long as the building shown on the Site Plan attached as Exhibit C is located on Developer's Property. iii. Traffic signs, yard topsoil, sod and seed in all yards, street cleanup during project development, and erosion control on the portions of Outlot A and Outlot B. of Said Plat disturbed by Developer in relation to its construction of the Municipal Improvements and the Private Improvements, all as required by City ordinance. All yard areas on Developer's Property shall be sodded or seeded with grass or landscaped in accordance with the Landscaping Plan attached as Exhibit F. In all cases permanent turf or grass must be established over all areas of Developer's Property not covered by a hard or impervious surface. Erosion control, drainage swales and berming, shall be installed upon initial grading of Developer's Property. The grading of Developer's Property shall be performed in accordance with the Grading Plan for Developer's Property attached hereto as Exhibit E. iv. A trash enclosure on the north end of the parking lot to be constructed on Lot 1, Block 1 with sufficient turnaround space for a 40-foot long semi -tractor and trailer as reflected on the Site Plan attached as Exhibit C. V. Outdoor lighting as depicted in the Photometric Plan attached as Exhibit G. vi. A 6-foot tall ornamental steel fence as depicted in the Site Plan attached as Exhibit C. B. Notwithstanding the requirements of paragraph 3.A above, Developer shall install to the City's satisfaction said Private Improvements for Developer's Property prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on Developer's Property, unless the certificate of occupancy is issued after October I st and before March 30th in any given year, in which case a certificate of occupancy shall be issued if all Private Improvements except landscaping and sod have been installed. In such cases, Developer shall cause the required landscaping and sod to be installed by the first ,tune 30th following the issuance of the occupancy permit. C. The City shall, at its option, have the City Engineer present on Developer's Property for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Private Improvements. Developer agrees to pay for all reasonable costs incurred by the City during said inspections. D. Developer shall maintain the storm sewer located on Developer's Property at all times in a manner that allows the storm sewer to function as designed. 2 4. Use of Property. Developer's use of Said Plat shall be consistent with the following restrictions, which shall be effective until further modified or amended by rezoning or other amendment of the planned unit development by the City Council: A. Said Plat is part of a planned unit development ("PUD"). The provisions of the City's B- 2A/PUD zoning district (as amended from time to time) apply to Said Plat, except as modified by this Agreement and except that the uses in Said Plat have been limited to the following unless otherwise agreed to by the City Council and Developer: Lot 1, Block 1 shall be limited to the following conditional use: daycare facility. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations on the part of such applicable Developer under this Agreement shall be performed. Said letter of credit or surety shall be in the amount of $446,535.50, representing the sum of 100% of the estimated cost of the Municipal Improvements ($112,300), 100% of the cost of the following Private Improvements consisting of the storm sewer, and related erosion and sediment control for Lot 1, Block 1, and private streets in Said Plat, ($253,318), $1,500 per acre for erosion and sediment control over 1.77 acres ($2,655) and 125% of the estimated cost for landscaping/screening materials ($78,262.50). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank (the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be available in its entirety to fulfill the express obligations on the part of Developer to perform under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless the issuer of the letter of credit provides written notice to the City at least 45 days prior to the expiration of the letter of credit of the issuer's intent not to renew the letter of credit. Said letter of credit shall be provided to the City prior to the release of Said Plat for recording. B. Subject to the terms and conditions of this Agreement, the City may draw on said letter of credit or surety to complete work not performed by Developer including but not limited to Private Improvements, Municipal Improvements and Landscaping Improvements described above, erosion control, and other such measures, to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the Warranty Period, or to otherwise fulfill the obligations of Developer under this Agreement. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 5.A above or a lesser amount authorized by the City Council pursuant to paragraph 63 below. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, Developer agrees that upon being billed by the City, Developer will pay 7 within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess or certify against Developer's Property for collection with the real estate taxes any and all costs incurred by the City in enforcing any of the terms of this Agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may expire or become null and void prior to the time at which all monetary or other obligations of Developer are paid or satisfied, it is agreed that Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may, without notice to Developer, declare a default in the terms of this Agreement with respect to Developer and thence draw in part or in total, at the City's discretion, upon Developer's expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. Developer shall maintain its applicable letter of credit in the amount required by the City at all times. F. In the event Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for Developer, the City may draw on Developer's letter of credit or surety in its full amount to secure its surety position. The City shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 6. Surety Release. A. Periodically, as payments are made by Developer for the completion of portions of the Municipal Improvements, Private Improvements or Landscaping, and when it is reasonably prudent, Developer may request of the City that Developer's surety be proportionately reduced for that portion of the Municipal Improvements, Private Improvements or Landscaping which have been fully completed by Developer and payment made by Developer therefor. All such decisions shall be at the discretion of the City Council, The City's cost for processing reduction request(s) shall be billed to Developer making such request. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the required improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. When all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plan for Developer's Property attached as Exhibit F, the letter of credit or surety applicable to such improvements may be reduced by the dollar amount attributable to that portion of such landscaping improvements installed, except the City shall retain the letter of credit or surety in the amount of 25% of the estimated Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. iv. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The City shall act upon Developer's letter of credit reduction request within 35 days of submission of a written request for reduction. The costs incurred by the City in processing any reduction request shall be billed to the requesting Developer and paid to the City within thirty (30) days of billing. 7. Abandonment of Project - Costs and Expenses. In the event Developer abandons the project applicable to Developer's Property, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from Developer's Property, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Developer's Property to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Developer's Property and to facilitate mowing of Developer's Property. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety deposited by Developer for the purpose of paying the costs referred to in this paragraph. Developer to Pay City's Costs and Expenses. It is understood and agreed that Developer will be obligated to reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement, the processing and approval of Said Plat, the establishment of the Planned Unit Development Zoning, as well as all reasonable engineering expenses incurred by the City in approving, and inspecting said Municipal and Private Improvements constructed by Developer as described in this Agreement. 9 Additionally, the Developer shall be responsible for all legal, planning, and engineering fees and costs incurred by the City which are related to the initial preparation of the PLANNED UNIT DEVELOPMENT AGREEMENT ALBERTVILLE PLAZA THIRD ADDITION ---- OUTLOTS A and B (the "Roden Development Agreement"), provided that Developer shall not be responsible for any fees or costs related to any future replat of Outlot A or Outlot B of Said Plat or any future amendment and modification to the Roden Development Agreement or any future development of Outlots A and B. Developer agrees to pay all such costs it is obligated to pay pursuant to this Agreement within 30 days of billing by the City. If Developer fails to pay said amounts it is obligated to pay pursuant to this Agreement, Developer agrees to allow the City to reimburse itself from the applicable surety deposited by Developer and/or assess the amount owed against the applicable portion of Developer's Property without objection. 9. Development Related Fees and Credits. A. Storm Water Utility Connection Charge. Developer agrees that the City's Storm Water Utility Connection Charge Ordinance requires Developer to pay $1,500 per acre for all acres included in the lot upon which an application for a building permit has been made by Developer. Such per acre charge is subject to change by modification of the City Ordinance. The Storm Water Utility Connection Charge fee shall be calculated based on the per acre rate in effect at the time of building permit application and shall be due upon the submission of such building permit application. B. SAC and WAC Charges. Developer agrees that the City's Sewer Access Charge ("SAC") and Water Access Charge ("WAC") ordinances require Developer to pay applicable SAC and WAC upon application for the building permit for Lot 1, Block I within Said Plat. Such SAC and WAC charges shall be based upon the rates in effect at the time each such building permit is applied for. C. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance currently requires the Developer to pay $2,055.00 per acre upon development of Developer's Property. There are 1.77 acres in Developer's Property to which the Trunk Charges apply. Therefore, the Sanitary Sewer Trunk Line Fees for Developer's Property is $3,637.35. D. Water Trunk Access Charge. Developer agrees that the City's Water Trunk Access Charge Ordinance currently requires the Developer to pay $1,925.00 per acre upon the earlier of final plat approval and issuance of a building permit. There are 1.77 acres in Developer's Property to which the Water Trunk Access Charge applies. Therefore, the Water Trunk Access Charge for Developer's Property is $3,407.25. E. Administrative Fee. 10 A fee for City administration of this project shall be paid prior to the City executing Said Plat and this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements within Said Plat. The administrative fee for Said Plat is $3,930.50. 10. Erosion and Siltation Control. Developer shall implement all erosion control measures detailed in the Storm Water Pollution Prevention Plan ("S)APPP") attached as Exhibit H and on the Grading and Drainage plan attached as Exhibit H in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer and shall abide by all erosion control requirements contained in the Albertville Subdivision ordinance and as required by the NPDES Construction Stormwater Permit for the project on the applicable lot in Said Plat that Developer owns and develops. The parties recognize that time is of the essence in controlling erosion. If Developer does not comply with the applicable erosion control plan and/or the requirements of the NPDES Construction Stormwater Permit, the City may take such action as it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon Developer's Property and take such necessary erosion control actions. The City will endeavor to notify Developer in advance of any proposed action, but failure of the City to do so will not affect Developer's and City's rights or obligations hereunder. If Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days after written notice and invoice for such cost from the City, the City may draw down the letter of credit deposited by such applicable Developer to pay any costs related to Developer's project or may specially assess Developer's Property for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements applicable to such development. 11. Drainage Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Developer's Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements applicable to Developer's Property, all at Developer's applicable expense. 12. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub -base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during Developer's development of the portion of Developer's Property. Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place on the Developer's Property. Developer agrees to clean the streets on a daily basis if required by the City during the period of installation of the Municipal Improvements and Private Improvements required by this 11 Agreement, as well as during the development of Developer's Property. Developer further agrees that any damage to public property occurring as a result of such construction activity will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any such damage to public property will be repaired within 14 days of notice to Developer provided by the City if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to Developer. If Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against Developer's Property and/or take necessary legal action to recover such costs and Developer agrees that the City shall be entitled to attorney's fees incurred by the City as a result of such legal action. 13. Temporary Easement Rights. Developer shall provide access to Developer's Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 14. Miscellaneous. A. Developer agrees that all applicable construction items required under this Agreement are items for which Developer is responsible for completing and all such applicable work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Agreement. C. If a building permit is issued for construction on Developer's Property prior to the completion and acceptance of the Municipal Improvements, Developer assumes all liability and the costs resulting in delays in completion of Municipal Improvements and damage to Municipal Improvements caused by the City, Developer, Developer's contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. E. This Agreement shall ran with the land and shall be recorded against the title to Developer's Property. F. Developer represents to the City that Developer's Property and Developer's related submissions for Developer's Property being developed by Developer (including but not limited to the grading plan, utility plan, and site plan) complies with all City, county, state 12 and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Developer's Property does not comply, the City may, at its option, refuse to allow construction or development work in Said Plat until Developer so complies. Upon the City's demand, Developer shall cease all development work being performed by Developer on Said Plat, unless the City provides express written permission otherwise, until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on any portion of Developer's Property owned (or to be owned) by Developer, Developer shall provide the City with evidence of good and marketable title to all such portion(s) of Developer's Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. Developer shall obtain all required driveway, utility and other permits applicable to Developer's Property as required by either the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the Private Improvements. 15. Violation of Agreement. A. In the case of default by Developer, their successors or assigns, of any of the covenants and agreements herein contained that are to be performed by Developer under the terms and conditions of this Agreement, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail or national overnight courier service which provides written confirmation of delivery with a courtesy copy sent via email), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in (1) a United States Post Office or mail receptacle; or (2) deposit with a national overnight courier service. Upon failure to cure by the defaulting Developer, the City may thence immediately and without notice or consent complete some or all of Developer's obligations under this Agreement and bring legal action against Developer to collect any sums incurred by the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this Agreement. The City may also specially assess all said costs incurred upon default against Developer's Property owned by defaulting Developer pursuant to the terms of this Agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 15.A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may 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 13 makes good- faith, reasonable efforts to notify Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 15.A of this Agreement shall not apply to any acts or rights of the City under paragraph 5.E of this Agreement, and no notice need be given to Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to Developer. D. Breach of any of the terms of this Agreement by Developer shall be grounds for denial of building permits to Developer's Property. 16. Dedications to the City. A. Municipal Improvement Dedications. The City shall accept the Municipal Improvements upon the occurrence of all of the following: i. Presentation to the City of evidence of good and marketable title to the Developer's Property; ii. Completion of all construction work required to be performed by Developer under this Agreement; and iii. Payment in full to all contractors who installed such improvements or deposit of such amounts owed with the City; and iv. Issuance of an opinion by the City Engineer that the Municipal Improvements are constructed consistent with the Approved Plans and Specifications; and V. Developer providing the City with "As-Builts" (both in paper form and electronic form as required by the City Engineer) of all publicly dedicated utilities, storm water pond and other Municipal Improvements required under this Agreement. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. Developer shall remain responsible for the maintenance and repair of the ponds and storm sewer on Developer's Property. B. Park Dedication. Park Dedication for Developer's Property is due in the amount of $15,965.40, calculated at a rate of $9,020 per acre times 1.77 acres. Park Dedication shall be paid prior to the recording of the final plat for Developer's Property. 17. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties claiming by or through Developer for damages sustained or costs 14 incurred resulting from the platting or development of Developer's Property. Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims that Developer is responsible to indemnify above, including attorney's fees. Third parties shall have no recourse against the City under this Agreement. 18. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 19. Professional Fees. Developer, as to itself, will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement against Developer. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement against Developer. Developer will also pay all reasonable attorney's fees and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by Developer as provided herein. 20. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by the plans applicable to Developer's Property and responsible for implementation of said plans as herein incorporated. 21. Integration Clause, Modification by Written Agreement Only. This Agreement represents the frill and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 22. Notification Information. Any notice, request, demand, approval or consent given or required to be given to the parties herein under this Agreement shall be in writing, delivered by hand or certified mail or by national overnight courier service which provides written confirmation of delivery, and will be deemed to have been given three (3) days after the date upon which the notice is deposited for mailing in a United States Post Office or mail receptacle with proper postage affixed in the case of certified mail, and one (1) business day after the date upon which the notice is deposited with a national overnight courier service with all fees and charges prepaid, and mailed to the City Clerk for the City or Developer at the addresses set forth below, or at the last changed address given by the City for Developer: If to the City: IRI If to Developer: With a copy to: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 ALBERTVILLE, MN (Lot 1) LLC c/o InSite Real Estate, L.L.C. 1400 16th Street, Suite 300 Oak Brook, IL 60523 Attn: Chief Legal Officer Telephone: (630) 617-9100 Email: laddison@i.nsiterealestate.com ALBERTVILLE, MN (Lot 1) LLC c/o InSite Real Estate, L.L.C. 1400 16th Street, Suite 300 Oak Brook, IL 60523 Attn: Property Manager (Retail) Telephone: (630) 617-9100 Email: PropertyManagement@insiterealestate.com Developer, or subsequent owner of Lot 1, Block 1, may, at any time, change its notice address and/or add additional parties for purposes of delivery of notices by mailing, as provided above, at least ten (10) days before the effective date of such change, a notice stating the change and setting forth the new address. If any such notice requires any action or response by the recipient or involves any consent or approval solicited from the recipient, such fact will be clearly stated in such notice. Each successor in interest to an owner, shall within ten (10) days of acquiring fee simple title to any portion of Developer's Property, file with the other owners any change in owner's notice address for purposes of receiving notice in accordance with this Paragraph 22. The email addresses included are for information purposes only, and may not be used to satisfy the notification requirements in this Agreement. 23. Partial Release of Portions of This Agreement. The obligations of Developer set forth in the following paragraphs of this Agreement shall be released as set forth below: i. The obligations of Paragraph 2 shall be released at such time as all Municipal Improvements have been installed, accepted by the City, and the applicable warranties have been fully satisfied. 16 ii. The obligations to construct the Private Improvements required by Paragraph 3 shall be released at such time as all Private Improvements have been installed, provided that the obligation to maintain such Private Improvements shall not be affected by such release. iii. The surety obligations set forth in paragraph 5 shall be released at such time as 1) all Municipal Improvements have been installed, accepted by the City, and the applicable warranties have been fully satisfied, and 2) all Private Improvements have been installed. iv. The obligation to pay the development related fees shall be released at such time as all such fees required by paragraphs 9 and 16B have been paid in full. The City shall issue a release of such obligations in recordable form in accordance with the terms of this paragraph upon the request of the Developer, All other obligations of Developer under this Agreement shall remain in force and shall be binding upon the owner of Developer's Property. 24. Agreement Effect. Subject to the terms and conditions of this Agreement, this Agreement shall be binding upon and extend to the successors and assigns of the parties hereto. CITY OF ALBERTVILLE By; ,jjIts Mayor Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 21Wday of uae , 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. atary Public STATE OF MINNESOTA) ) ss. r sr MICHAEL C. COURI + NOTARY PUBLIC ` MINNESOTA My Commission Expires Jan. 31.2030 COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 2�j day of , 2025, by Kris Luedke, as Clerk of the City of lbertville, a Minnesota municipal corporation, on behalf of th city and pursuant to the authority of the City icil.. �sniar Notary Public°�' G MICHAEL C. COURI + ,g NOTARY PUBLIC ;= MINNESOTA 17 N • 01, My Commission Expires Jan, 31, 2030 ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company n By: Larissa A. Addison Its: Manager STATE OF ILLINOIS ) ) ss. COUNTY OF DUPAGE ) The foregoing instrument was acknowledged before me this "2--1 day of JtA-Vv- 2025, by Larissa A. Addison as Manager of ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company, on behalf of such limited liability company. Te OFFICIAL SEAL ELIZABETH ANN IWNG Notary Public, State of Winois Commission No, 190021 My Commission Expires November 17, 2028 DRAFTED BY: Court & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 19 EXHIBIT A Final Plat See attached. s HgIi P g dsd 04W .i p k se 5 i p a€ I £ Y f 5 MA$ is i-IU ? E 81 1 1 \\ io I `6• . ... __ 61'ONCJ -. ~ ' ----__ antlXfltl3B►n) J `J` i _ : _:�aF.:, or'e.e 3 f --_ 61.y9,y-toi .b.6>.siNxF'iBof �t ey:� N P i ¢ _- r 4 Wza96r_-,�'r,--__'—_.__ Y• =�._ __—_ ' _~ v � _� 2 gA LU 1 � � —___�:+ 9ze un.ev9Ys3=1 �, •'k.,z—_ �, p ! ul 0= w I , n f r N �s ' m e 56461 ° I ____....---__ . nal -- w46f3Al:iE.oss --- F �: osi � 1 ._ _-__--- --_-- __....._________—___._____—. I !1 tsesc Ix.u.ee.ms f of {? e °1 F v nl All__... NO {1 lc) x3 !°+ {' .._—_—_— —_- c smS 1 EXHIBIT B Storm Water Maintenance Agreement See attached. (Reserved for Recording Data) STORM WATER MAINTENANCE AGREEMENT This STORM WATER MAINTENANCE AGREEMENT ("Agreement") made this _ day of , 2025, by and between the CITY OF ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the("City") and ALBERTVILLE, MN (LOT 'I) LLC, an Illinois Limited Liability Company (hereinafter referred to as the "Developer InSite"). WHEREAS, Developer InSite is the fee owner of certain real property situated in the City of Albertville, County of Wright, State of Minnesota known as Lot 1, Block 1, of the Albertville Plaza Third Addition (the "Developer InSite Property"), according to the plat on file at the Wright County Recorder's Office, Wright County, Minnesota, which Developer InSite has obtained the approval of the City for the development thereof; and WHEREAS, the City has required that Developer InSite make provision for the construction, maintenance and repair of the Ponds (collectively "Stormwater Ponds") located within the boundaries of the Developer InSite Property and shown on the attached Exhibit A, as the same is described and depicted in those certain construction plans drawn by ADA Architects, P.C. dated June 25, 2024 and ISG dated May 14, 2024 which are approved and permitted by the City and on file with the City Clerk (the "Approved Plans and Specifications"). WHEREAS, the City and Developer InSite desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Ponds and the responsibility relating to the costs of the repair and maintenance of the Stormwater Ponds. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction and Maintenance of Stormwater Ponds. Subject to the terms and conditions of this Agreement, Developer InSite agrees to construct the Stormwater Ponds in the manner set forth in the Approved Plans and Specifications and repair and maintain, or cause the repair and maintenance of, the Stormwater Ponds at its sole cost and expense. Maintenance of the Stormwater Ponds shall mean (i) monthly inspections of the Stormwater Ponds and, if necessary, removal of all litter and debris, and replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy functioning plant life therein; and (ii) an annual inspection, and certification, by a qualified individual or company acceptable to the City that the Stormwater Ponds are functioning in accordance with the Approved Plans and Specifications and have maintained the proper operation of the stormwater treatment as Stormwater Ponds in according to this Agreement and the City's ordinances and applicable state law. If, as a result of an inspection by a qualified individual or company acceptable to the City or City staff, it is determined that the Stormwater Ponds (1) have not been maintained in accordance with the terms of this Agreement and the City's ordinances and applicable state law; or (2) are not functioning as originally designed and intended in the Approved Plans and Specifications; or (3) are in need of repair, the Developer InSite agrees to restore, or cause the restoration of, the Stormwater Ponds so that they function as they were designed and intended in the Approved Plans and Specifications. Developer InSite further agrees that it will not use the Stormwater Ponds for snow storage and will inform its snow removal contractors of this provision of the Agreement. Developer InSite, or the occupant of the Developer InSite Property, shall be solely responsible for the repair and maintenance of the Stormwater Ponds located on the Developer InSite Property, including all costs to repair and maintain said Stormwater Ponds. 2. Developer InSite's Default. In the event of default by the Developer InSite as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer InSite's failure to cure such default within such time -frame, except in an emergency as determined by the City, the City may, at its option, perform the work and Developer InSite shall within 30 days of receipt of an invoice and reasonable substantiation of such costs, reimburse the City for any reasonable out-of-pocket expense incurred by the City to cure such default. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the Developer InSite Property for the performance of acts when so authorized under this Agreement. The City may, in addition to its other remedies, assess the reasonable out-of-pocket cost in whole or in part against the Developer InSite Property, certify the costs against the Developer InSite Property pursuant to Minn. Stat. 366.012, or take any other action authorized by law to collect such costs from Developer InSite or its successors and assigns, as applicable. 3. Terms and Conditions. This Agreement shall run with the land and shall be binding upon Developer InSite's successors and assigns with respect to the Developer InSite Property. The terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY OF ALBERTVILLE M f , D STATE OF MINNESOTA j ( ss. COUNTY OF WRIGHT ) Jillian Hendrickson, Mayor Kris Luedke, City Clerk The foregoing instrument was acknowledged before me this ) 2025, by Jillian Hendrickson and by Kris Luedke, the Mayo respectively, of the City of Albertville, a Minnesota municipal corporation, corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC day of r and City Clerk, on behalf of the ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company By: STATE OF ILLINOIS ) ss. COUNTY OF DU PAGE Larissa A. Addison, Manager The foregoing instrument was acknowledged before me this _ day of , 202_, by Larissa A. Addison, a Manager of ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited liability company, on behalf of such limited liability company. This Instrument Drafted by: Mike Couri Couri & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 763-497-1930 NOTARY PUBLIC 4 EXHIBIT "A" Approved Grading Plan and Enumeration of All Approved Plans and Specifications See attached. s r � Z O Z I Gpq \I m a eal - r N Al © m V s rn ADA Architects, Inc. A-0.0 COVER SHEET 6/25/2024 1/29/2025 ADA Architects, Inc. A-0.I EGRESSIEVACUATION PLAN 6/25/2024 I/29/2025 ADA Architects, Inc. AS-1.0 ARCHITECTURAL SITE PLAN U25/2024 8/12/2024 ADA Architects, Inc. AS-l.I PLAYGROUND PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. AS-1.2 PLAYGROUND DETAILS AND SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. AS-1.3 PLAYGROUND DETAILS AND SECTIONS 6/25/2024 8A212024 ADA Architects, Inc. A.ix FLOOR PLAN W2512024 10/14/2024 ADA Architects, Inc. A-1.1 FLOOR FINISH PLAN 625/2024 1/29/2025 ADA Architects, Inc. A-1.2 CASEWORK AND EQUIPMENT PLAN 6/25i=4 10/14/2024 ADA Architects, Inc. A-l.3 ENLARGED PLANS AND CASEWORK & EQUIPMENT 6/25/2024 1/29/2025 SCHEDULES ADA Architects, Inc. A-1.4 ENLARGEDPLANS 6/25/2024 10/14/2024 ADA Architects, Inc. A-2.0 REFLECTED CEILING PLAN 6/25/2024 9/12/2024 ADA Architects, Inc. A-3.0 ROOF PLAN 6/25/2024 8/122024 ADA Architects, Inc. A4.0 EXTERIOR ELEVATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.0 BUILDING SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-5.1 WALL SECTIONS 6/2512024 8/12/2024 ADA Architects, Inc. A-5.2 WALL SECTIONS :6/25/2024 8/12/2024 . ADA Architects, Inc. A-5.3 WALL SECTIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-6.0 INTERIOR DETAILS 6/25/2024 8/122024 ADA Architects, Inc. A-7.0 INTERIOR ELEVATION DETAILS 6/25/2024 8/12/2024 ADA Architects, Inc. A-7.1 INTERIOR ELEVATIONS 15/23/2024 8112/2024 ADA Architects, Inc. A-7.2 INTERIOR ELEVATIONS 0/25/2024 8/12/2024 ADA Architects, Inc. A-7.3 INTERIOR ELEVATIONS - 6125/2024 8/12/2024 ADA Architects, Inc. A-8.0 DOOR AND WINDOW SCHEDULES 6125/2024 10A412024 ADA Architects, Inc. A-9.0 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.1 SPECIFICATIONS 15/2512024 9/1212024 ADA Architects, Inc. A-9.2 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.3 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.4 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.5 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.6 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.7 SPECIFICATIONS 6/25/2024 9/12/2024 ADA Architects, Inc. A-9.8 SPECIFICATIONS 6/25/2024 8/12/2024 ADA Architects, Inc. A-9.9 SPECIFICATIONS 6125/2024 8/12/2024 "ADA Architects, Inc. A-9.10 SPECIFICATIONS 6/25/2024 8/122024 ADA Architects, Inc. A-9. It SPECIFICATIONS 6/25/2024 8/122024 ADA Architects, Inc. A-9.12 SPECIFICATIONS 6I2512024 8/1212024 ADA Architects, Inc. S 1.0 GENERAL NOTES & SPECIFICATIONS 6/25/2024 8/122024 ADA Architects, Inc. SLI GENERAL NOTES & SPECIFICATIONS 6/25/2024 8/12J2024 ADA Architects, Inc. S2.0 FOUNDATION PLAN 6/25/2024 81122024 ADA Architects, Inc. S3.0 ROOF FRAMING PLAN 6/25/2024 8112/2024 ADA Architects, Inc. S4.0 TYPICAL. FOUNDATION DETAILS AND SECTIONS 6/25/2024 8/I22024 ADA Architects, Inc. S5.0 TYPICAL DETAILS 6/252024 8/122024 ADA Architects, Inc, S5.1 S14EARWALL DETAILS AND TRUSS PROFILES 6/25/2024 8/122024 ADA Architects, Inc. S6.0 SECTIONS 6/25/2024 8/1212024 ADA Architects, Inc. S6.1 SECTIONS 6/25/2024 8/122024 ADA Architects, Inc. M-0.I MECHANICAL SPECIFICATIONS 6252024 5/122024 ADA Architects, Inc. M-0.2 MECHANICAL SCHEDULES 6252024 8/12/2024 ADA Architects, Inc. M-0.3 MECHANICAL DETAILS 6/25/2024 8/1212024 ADA Architects, Inc. M-0.4 MECHANICAL COMPLIANCE 6/252024 8/122024 ADA Architects, Inc. M-1.0 MECHANICAL PLAN 625/2024 - 8/12/2024 ADA Architects, Inc. P-0.1 PLUMBING LEGENDS AND NOTES 6/25/2024 t/812025 ADA Architects, Inc. P-0.2 PLUMBING SCHEDULES 6/25202d 1/9/2025 ADA Architects, Inc. P-0.3 PLUMB1NGDETAILS 612512024 11/19/2024 ADA Architects, Inc. P-0.4 PLUMBING DETAILS 625/2024 1/$2025 ADA Architects, Inc. P-0.5 PLUMBING SPECIFICATIONS 6/252024 1/8/2025 ADA Architects, Inc. P-].1 SANITARY & VENT PLUMBING PLAN 6252024 1/8/2025 ADA Architects, Inc. P-1.2 DOMESTIC WATER PLUMBING PLAN 625/2024 1/912025 ADA Architects, Inc. P-1.3 ROOF PLUMBING PLAN 6/252024 IU114/2024 ADA Architects, Inc. P-4.O SANITARY & VENT RISER DIAGRAM 6/252024 1/8/2025 ADA Architects, Inc. P-4.1 DOMESTIC WATER RISER DIAGRAM 6/25/2024 1 /292025 ADA Architects, Inc. P-4.2 STORM RISER DIAGRAM 0/25/2024 10/14/2024 ADA Architects, Inc. FP-0.1 FIRE PROTECTION LEGENDS AND NOTES 6/25/2024 8/122024 ADA Architects, Inc. FP-0.2 FIRE PROTECTION DETAILS 025/2024 8/12/2024 ADA Architects, Inc. FP-1.0 FIRE PROTECTION PLAN 6/25/2024 8/12/2024 ADA Architects, Inc. E0.1 ELECTRICAL SPECIFICATIONS 6/25/2024 8/1212024 ADA Architects, Inc. E0,2 ELECTRICAL SITE PLAN 6/25/2024 11/19/2024 ADA Architects, Inc. E1.0 LIGHTING PLAN 6/25/2024 1/29/2025 ADA Architects, Inc, ELL POWERPLAN 625/2024 12111/2024 ADA Architects, Inc. E1.2 COMMUNICATIONS PLAN &25/2024 8/12/2024 ADA Architects, Inc. E1.3 MECHANICAL PLAN 6125/2024 8/12/2024 ADA Architccts, Inc. E2.0 FIRE ALARM DESIGN CRITERIA 6/2512024 SAD2024 ADA Architects, in, Ell FIRE ALARM PLAN 625/2024. 8/12/2024 ADA Architects, Inc. E3,0 ONE LINE DIAGRAM SCHEDULES, DETAILS & LEGENDS . 6/25/2024 11/19/2024 ADA Architects, Inc- E3.1 ELECTRICAL PANEL SC14EDULES 625/2024 8/12/2024 ADA Architects, I., E3.2 ELECTRICAL DETAILS 6/25/2024 9/12/2024 1 & S Group, Inc. CO-20 SITE DETAILS 5114/2024 2/10/2025 I & S Group, Inc.. ` CO-21 SITE DETAILS 5/14/2024 21i 012025 I & S Group, Inc. CO-22 SITE DETAILS 5/14/2024 2/10/2025 I & S Group, Inc. CU-23 SITE DETAILS 5/14/2024 2/1OI2025 I & S Group, Inc. CI-10 SWPPP NARRATIVE 5/14/2024 2/10/2025 I & S Group, Inc. CI-11 SWPPP NARRATIVE 5/14/2024 2/tO/2025 1 & S Group, Inc. ' C1-20 SWPPP DETAILS 5114/2024 2/10/2025 I &.S Group, Inc. C1-30 PRE -CONSTRUCTION SWPPP 5/14/2024 2/10/2025 I & S.Group, Inc..` CI-40 SWPPP 5/14/2024 2/10/2025 I & S Group, Inc. CZ-10 EXISTING SITE AND REMOVAL PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C3-10 SITE PLAN 5/14/2024 2110/2025 I & S Group, Inc, C3-11 TEMPORARY TRAFFIC CONTROL PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C3-20 UTILITY PLAN .511412024 2/10/2025 I & S Grpup, Inc. C410 GRADING PLAN 5/14/2024 2/10/2025 I & S Group, Inc. C5-10 SITE RESTORATION PLAN 5/14/2024 2/10/2025 ..I S Group, Inc. C5-20 PLANTING PLAN 5/14/2024 2/10/2025 .& I & S Group, Inc. CS-30 IRRIGATION PLAN 5/14/2024 2/10/2025 I & S Group, Inc, C540 PLANTING DETAILS 5/14/2024 2/10/2025 I & S .Group, Inc. C6-10 SITE PHOTOMETRIC PLAN 5/14/2024 2/I012025 I & S Group, Inc. C6_20 SITE PHOTOMETRICS DETAILS 5/14/2024 2/10/2025 i EXHIBIT C Site Plan See attached. - i Itl�i tl tlllYlll lSl — — — — — , Illlllt141i111141 I Itlil ltlYllllil ElSl � 3 f if itt� Ililll 1!� lYj 1111tltlil 7 y o I' i_ f 13114tY� ���illili I 3 � "' p — �'fIiE4. s IIItIS $ C ! IIn4u�i��:t�3tl� f 1411SI ��� e ti i- nnulnfzili III t l Si fllT � I t Illlll lltltivl � ISI it r' 9",.'R;"�'.,."r'✓".-.r 'mow``.^' i"' ' ^' .>i �-0"-.''.." I 5 r i i@ ✓ I � - I qx� g �2 , E BAG m Hj SIti r v y asm ;'TMW m 5 I 7�y;p=G na#MCD Z xl5 al [ m CD � o�i� w I' EXHIBIT D Utility Plan See attached. _ veroswl I ' n n i n n r`• {> A A g Pln r IE 3{ gw app g�g .... _ 3 K j Egg u � � � T P o c ��� � �= F•���i, _ �vdm.sx+'.�..: AC - � 4i b �' ��+ Cif I �y o �.: t• e _ ._ ¢ e HIM. IM. Mzflt Ev x.l p e A R A R z MO. c z1 [ LR e£gUXRYFNUEN£ i � � x fCSSN>9) a ❑ 1.fa o5a I $ IN M 6 Aay g li i 5 __moo —� -m m o .re . .w ° . _..._ _. n �� � ` � � _£fie=� z r _ . .a ors s a z,� 0 r r n�a l fll g A. v s csm� r N m rEgz" 21 _g — 0 � ^C — r g %�jb i fll Z� r a 'm ��m - w o m s E u For z . _ m z � s &m � Cl � k �� 3 _ � e e a n�u M z EXHIBIT E Grading Plan See attached. not M'fE 3N"AY+infui � II q3g I Alln { n/ / II lug II �m a a !fi jjIlo wig -M m Rl in P. cl lij 97'',3 -Ix1F 31 0 as I -1 � Z yI= O Fn a g as.s yy EXHIBIT F Landscaping Plan See attached. -- P leg. m u 9 � s3m m e gos m Z n 5 EXHIBIT G Photometric Plan See attached. 7 7 1 - - - - - -- - - - - - - -- - - f- - - - - -- - - - - - -- -- 7 'r r f - - - - ---- - - - - - - - - - - - - - - - - 7 f f - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 7 . . . . . . . . . . . . . . . . . . T 7 - ------------ �r� tFtr 10 r r a N M 'm ; -4 z tit 1� M m "ij 2! EXHIBIT H SWPPP See attached. ® 4�g5 m `ee ICI �� r.. to €Imp s gs1a. "M z iY sx � EXHIBIT Y Enumeration of Plans See following pages ADA Archi.tects.Inc, A-13.U;: 6/25/2024 1/29/2025 ADA Architects, Inc. A-0.l EGRESS/EVACUATION PLAN d,t2i2D24 ADA Architects, Inc, AS-L0 RC. HITECTU."L.,SITE PLAN 6252D24 ADA Architects, Inc. AS -IA PLAYGROUND PLAN 6/2520.. 8/122024 8172/2024. ADAArchitects,Inc, AS-1,2 PL.AYGROUNDDETAILSANDSECTIONS . .....O24 ADAArchiiects. Inc. AS-1.3 PLAYGROUND DETAILS AND SECTIONS 6/25/2024 8I12/202d ADAArchitecls,luc. A1.0' FLOOR':PLAN 6125/2(124 E0f412024. ADA Architects, Inc. A-L I FLOOR FINISH PLAN 6/25/2024 11292025 ADA Arehitects,Inc. A-1.2;'. CAS.EWORI:ANDEQUIPIVI£NTPLAN 625/2024 10lI4t2024. ADA Architects, Inc. A-1.3 ENLARGED PLANS AND CASEWORK & EQUIPMENT N2512024 12912025 ADAArchitects, Inc. A-3.4;.t: SCHEDULES ENLARGEDP[ANS 62.5(20.24 .::- I i- l0l,M2D24 . ADA Architects, Inc. A-2.0 REFLECTED CEILING PLAN 6/25/2024 8112/2024 8 J2I2D24 A➢AArchitects, Inc.:: A-3.0::. ROOFPLAN 6, 5 2024 . ADA Architects, Inc. A-4.0 EXTERIORELEVATIONS 6/25/2024 8/122024 ADA Architects,lnc. - A-5.0': BUILDING SECTIONS 6l25/2024 $/1:22024 ADA Architects, Inc. A-5. t WALL SECTIONS 6/25/2024 8/12/2024 81I2/2624 I)AArchitccts, Inc,-'. A-5.2 . WALL SECTIONS ', 6I2512024 . ADA. Architects, Inc. A-5.3 WALL SECTIONS 6/2512024 811J2024 ADAArchitects, Inc: :: A6.0: INTERLC3RDET.AILS &7V2024 8/3212024 ADA Architects, Inc. A-7,0 INTERIOR ELEVATION DETAILS 6/25/2024 8/I2/2024 ADA Arc€iitects,1.m A-7.I::' 1NTERIORELEV.ATIONS 625/202d 8f1212024 ADA Architects, Inc. A-7.2 INTERIOR ELEVATIONS 625/2024 W12/2024 ADAArchitects, Inc. : A 7.3 : INTERIOR ELEYA TIONS 6125l2024 BII212024 ADA Architects, Inc. A-8.0 DOOR AND WINDOW SCHEDULES 6/25/2024 tO/1412024 ADA Architects, Inc...:. A»9,() SPECIFICATIONS. 6T 5f2(l24 8.I2f1024 ADA Architects, Inc. A-9.I SPECIFICATIONS 6252034 8/12/2024 ADA Architects, €nc, A-9.2' SPECIFICATIONS 6/25/2Q24 8I122024 ADA Architects, Inc. A-9.3 SPECIFICATIONS 6/25/2024 8l1212024 81122024 ADAArchitects, Inc.: A-9.4. SPECIFICATIONS 6l25I2024 ;:' ADA Architects, Inc. A-9.5 SPECIFICATIONS 6/25/2024 8/1212024 $ l2l2. ADA Architects, Inc. < :: A-9.:6. SPECIFICATIONS : 6/ZS12024 .. ADA Architects, Inc. A-9.7 SPECIFICATIONS 6/25/2024 8/12/2024 8 12i024 ;:.`. ADAArehitects, Inc. A79.8. SPECIFICATION. $ Cu25/20..24 ADA Architects, Inc. A-9.9 SPECIFICATIONS 6/25/2024 8/12/2024 8 1212024 ADA, Architects, lnc. .A-9.10 _ SPECIFICATIONS 6/25/2024 ADA Architects, Inc. A-9II SPECIFICATIONS 6/25/2024 8112/2024 . ADA Architects, inc.` ' > .A-9.12 SPECIFICATIONS N25/2024 °6112202F ADA Architects, Inc. SLO GENERAL NOTES & SPECIFICATIONS 5125/2024 81122024 :ADAArchitects, .Inc.' SL;G.' GENERALNOTES & SPECIFICATIONS 6i25/2024 8/1212024 ADA Architects, Inc. S2.0 FOUNDATION PLAN 6/252024 8l12-2024 ADAArchitects, file. `S3.0.: ROOF FRAMING PLAN 6125. 2f}2d 1 J2D2.. ADA Architects, Inc. S4.0 TYPICAL FOUNDATION DETAILS AND SECTIONS 6/25/2024 8/12/2024 .ADA:Architects, tnc. S5.0 : TYPICAL DETAILS 625/20248112(2024. ADA Architects. Inc. S5.I SHEARWALL DETAILS AND TRUSS PROFILES 6125/2024 S/t22024 ADAArchitects.Inc. S6,6 SECTIONS 62512024 .. 8/12I2024 ADA Architects, Inc. S6.1 SECTIONS 6/25Y2024 8/122024 ADAArohiiects,lnsr : h€-O.P` b7ECH1NICALSPECIFICATIONS Gr3S.?624 8(122024 :, ADA Architects. Inc. M-0.2 MECHANICAL SCHEDULES 6/25/2024 8/1212024 ADA'Arcliitects.Inc. M-0.3 MECHANICAL DETAILS .: 6f2512024 8/122024 ADA Architects, Inc. M-0.4 MECHANICAL COMPLIANCE 6/25/2024 9/1212024 ADA Architects, Inc: M-1,0 MECHANICAL PLAN. 6/25,W24 /1212024. ADA Architects, Inc. P-0.1 PLUMBING LEGENDS AND MOTES 62512024 1/8/2025 `. `ADA Architects- Inc, P-0.2. PLUMBING SCHEDULES r 6/25/2024 . trSI2025 ADA Architects. Inc. P-0.3 PLUMBING DETAILS 6/25/2024 1LI19/2024 ADAArchtmis,Inc.` P-0.4 PLUMBING DETAILS 625/2024 I/8/2025 . ADA Architects, Inc. P-0.5 PLUMBING SPECIFICATIONS 6/25/2024 1/9/2025 ADAArchitects, Inc. P L t SANITARY & VENT. PI U3Y1BING PLAN 6125/2024 I/& 2D?� ADA Architects, Inc. P-i.2 DOMESTIC WATER PLUNISING PLAN 6/252024 1/812025 ADAArchitects, lnc.: P-1:3: ROOF.PLUMBING PLAN - 612512024 I0114/2024. ADA Architects, Inc. P-4,0 SANITARY& VENT RISER DIAGRAM &2512024 I/8/2025 .::ADAArchitects, Inc. P-�I.1 ' . 'D04€ESTIC WATER RISER € IAGRA�f 6i25/2024 129f2025 ADA Architects, Inc. P-4.2 STORM RISER DIAGRAM &25/2024 10/14/2024 ADAArchilects,Inc. FP-6,1. FIRE PROTECTION: LEGENDS AItI?NOTES 625rz024 SFL22024;:: ADA Architects, Inc. FP-0.2 FIRE PROTECTION DETAILS &252024 8/122024 ": ADA Architects, Inc. FP-1:0 FIRE PROTECTION PLAN 6'2512024 8 12/3024 ADA Architects, Inc. EO.I ELECTRICAL SPECIFICAEONS 6/25/2024 9/12/2024 ADA Architects, Inc. E0.2 ELECTRICAL SITE PLAN 6252024 1 U19/2024 ADA Architects. Inc. E1.0 LIGHTING PLAN - 6/25/2424 1/29/2025 ADA Architects, Inc. ELi POWERPLAN ' 6r25/2014 1211112024..: . ADA Architects, Inc. EI.2 COMMUNICATIONS PLAN 6/25/2024 8/12/2024 ' ADA Architects, lire. EI.3 'MECHANICAL PLAN ' . 6r'25/2024 -:811?2024 ADA Architects, Inc. E2.O FIRE ALARM DESIGN CRITERIA 6/25/2024 8/IJ2024 ADAArchilects, Inc. E2.1 FIRE ALARM PLAN 61'25/2024 8/12;2024 ADA Architects, Inc, F3.0 ONE LINE DIAGRAiI SCHEDULES, DETAILS & LEGENDS 6125/2024 11/19/2024 ADA. Architpcts,Inc. F3.1 'ELECTRICAL PANEL SCHEDULES 6/25/2024. SI12/2024 ADA Architects, Inc. E3,2 ELECTRICAL DE"rAILS (0512024 8/12/2024 I & S Group, Inc. CO-20 SITE DETAILS 5/14/2024 2/10/2025 I & SGroup, Inc. CQ zI SITEDETAILS 5/14/2024... 2/1012025 I & S Gmlip, lnc. CO-22 SITE DETAILS 5/14/2024 2/10/2025 I & S Grip, Inc. CO-23 SITE DETAILS 3114 2.024 2/10/2025 I & S Group, Inc. CI-10 SWPPP NARRATIVE 5114l2024 2/10/2025 I & S Group, Inc. CI-Il S1yPPPNARRATIVE 5/14/2024 . 2/10/2025 I & S Group, Inc. CI-20 SWPPPDETAILS 5/1412024 2/10/2025 I & S Group,. Inc. CI-30 PR&CONSTRUCTION SWPPP 5/14/2024 211CV2025 I & S Group, Inc. CI-40 SWPPP 5/14/2024 2/10/2025 1 & S Group, Inc.. C2AG .... EXISTING SITE AND REMOVAL PLAN 5/14/2024 e211012025 1 & S Group, Inc. C3-10 SITE PLAN 5/14/2024 21I0/2025 1 & S:Graap�: Inc. C3-11.. TEMPORARYTRAFFIC CONTROL PLAN 5/14/2024 2lIOYL025 . I & S Group, Inc. C3-20 UTILITY PLAN 5/14/2024 2110/2025 I & S rravp, litc: GRADING PLAN 31.1412.024 2110f2025 I & S Group, Inc. C5-10 SITE RESTORATION PLAN 5/14/2024 2/10/2025 CS-20 PLANTING PLAN SI14l2024 2110/2G25 I & S Group, Inc. C5-30 IRRIGATION PLAN 5/14/2024 2/10/2025 ` I & S.Group, Inc.. C5-40 PLANTING DETAILS 5/IA12024 2/i0/2025 I & S Group- Inc. C6-10 SITE PHOTOMETRIC PLAN 5/14/2024 2/10/2025 I & 5`Gtnup, Inc. C6=24 _ SITE PHOTOMETRICS DETAILS . 5114/2024 2)10/2025 EXHIBIT J Maintenance Agreement See attached. MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF ALBERTVILLE AND THE OWNERS OF LOTS WITHIN ALBERTVILLE PLAZA ADDITIONS FOR THE MAINTENANCE OF REAL PROPERTY LOCATED IN THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA CITY OF ALBERTVILLE MAINTENANCE AGREEMENT FOR LOTS IN ALBERTVILLE PLAZA ADDITIONS THIS MAINTENANCE AGREEMENT FOR LOTS IN ALBERTVILLE PLAZA ADDITIONS (this "Agreement"), made this day of 2025, by and between EXCELSIOR PROPERTY, LLC, a Minnesota limited liability company, J Z HOLDINGS, LLC, a Minnesota limited liability company, PHOENIX RENTALS IV, LLC, a Minnesota limited liability company, REICHERT PROPERTIES LLC, a Minnesota limited liability company, and BEATRICE RODEN, a single individual (collectively, "Owners") and the CITY OF ALBERTVILLE, a municipality of the State of Minnesota ("City"). 1. DEFINITIONS. The following terms, unless elsewhere defined specifically in this Agreement, shall have the meanings as set forth below: a. OWNERS. "Owners" initially shall mean Excelsior Property, LLC, 7KZ Holdings, LLC, Phoenix Rentals IV, LLC, Reichert Properties LLC, and Beatrice Roden, collectively. It is acknowledged that the Owners may sell the lots in the Plats referred to herein. Each and all subsequent assignees of the Property or any portion thereof shall collectively be deemed to be an Owner for the purpose of this Agreement. If any portion of the Property becomes subject to a contract for deed, the contract for deed vendee shall be deemed to be the Owner unless the contract for deed specifies otherwise and notice thereof is given to the City. In the event of an assignment, transfer or conveyance of the ownership of any of the Property without retaining any beneficial interest other than under the terms of a mortgage or without simultaneously acquiring a new interest in such parcel by way of leasehold, life estate or other possessory interest, then the obligations hereunder will be deemed assigned, transferred and conveyed to such transferee, assignee, or grantee; the obligations will be deemed assumed by such transferee, assignee or grantee with the interest so acquired and the assignor, transferor, or grantor shall be deemed released from its obligations and liabilities hereunder effective as of the date of such assignment, transfer and conveyance. Notwithstanding the foregoing, any mortgagee who takes title to such parcel by foreclosure or deed in lieu of foreclosure shall be liable to perform the obligations burdening such Property pursuant to this Agreement. b. PLAT. "Plat" means the combined plats of Albertville Plaza, Albertville Plaza Second Addition and Albertville Plaza Third Addition, all of which are on file and 2 of record in the office of the Wright County Recorder comprised of real property located in the City of Albertville, Wright County, Minnesota (collectively, the "Plat"). PROPERTY. Property means Lots 1, 2, and 3 of Block 1 Albertville Plaza, and Lots 1 and 2 of Block 1, Albertville Plaza Second Addition, and Lot 1 of Block 1 and Outlots A and B, Albertville Plaza Third Addition (collectively, the "Property"), according to the plats on file at the Wright County Recorder's Office, Wright County, Minnesota. d. SANITARY SEWER. "Sanitary Sewer" shall mean all sanitary sewer mains constructed in the Plat, but shall not include the stubs to the individual lots within the Plat. The legal description (and depiction, as applicable) for the easement area of the portion of the Plat for Sanitary Sewer is set forth on the attached Exhibit A. e. STREETS. "Streets" shall mean the three roadways constructed within the Plat ("Streets"). The legal description for the area comprising the Streets is set forth on the attached Exhibit B. f. STORM SEWER. "Storm Sewer" shall mean all storm sewer pipes and appurtenances constructed in the Albertville Plaza plat and the Albertville Plaza Second Addition plat. The depiction of the easement area of the portion of the Storm Sewer is set forth on the attached Exhibit C. The storm sewer located in the Albertville Plaza Third Addition plat shall not be considered as part of the Storm Sewer that is governed by this Agreement. g. STORM WATER PONDS. Storm Water Ponds shall mean those portions of the Albertville Plaza Second Addition plat which have been set aside as ponds into which storm water drains ("Storm Water Ponds"). The depiction of the Storm Water Ponds is set forth on the attached Exhibit D. Ponds constructed in the Albertville Plaza Third Addition plat shall not be considered as part of the Storm Water Ponds that are governed by this Agreement. h. WATER MAIN. "Water Main" shall mean the municipal water pipes and appurtenances constructed in the Plat but shall not include the stubs to the individual lots within the Plat. The legal description (and depiction, as applicable) for the easement area of the portion of the Plat for Water Main is set forth on the attached Exhibit A. 2. MAINTENANCE OF STREETS,_ UTILITIES AND PONDING. a. STREETS. The City shall provide snow and ice control services to the Streets identified on Exhibit B at the Owners' expense as set forth in paragraph 3.a below. i. The Owners, via the Albertville Plaza Association, a property owners' association ("Association"), shall provide paving, seal coating, pothole patching, crack sealing, curb repair and replacement, road reconstruction and other non -snow and non -ice control maintenance to such Streets at their own expense. A copy of the Articles of Incorporation of the Albertville Plaza Association is attached hereto as Exhibit E. ii. The Owners shall maintain such Streets in a commercially reasonable manner, similar to the condition that the City maintains public streets abutting commercial businesses elsewhere in the City. iii. Notwithstanding the foregoing provisions of this §2.a, neither shall the owner nor their successors or assigns of the following lots be responsible for any deferred maintenance of the streets in Albertville Plaza and/or Albertville Plaza Second Addition, or any costs, expenses, fees or the like associated therewith ("Deferred Maintenance Costs") as set forth in Schedule I hereto: (1) Lot 1, Block 1, Albertville Plaza Third Addition; (2) Outlot A, Albertville Plaza Third Addition and (3) Outlot B, Albertville Plaza Third Addition. b. SANITARY SEWER AND WATER MAIN. The City shall maintain, as a regular expense of the City's utility funds, the Sanitary Sewer main and municipal Water Main that are located in the Streets described on Exhibit B, provided, however, that in the event the City must excavate in the Streets to maintain the sewer or water line, the City shall restore that portion of the Streets that are disturbed to grade in gravel form and the Owners shall be responsible for patching the bituminous pavement or replacing curb that had to be removed. The City reserves the right to determine how replacement of the Sanitary Sewer and Water Mains may be paid for in the future should such replacement be needed. The City's policy at the time of the execution of this Agreement is that such replacement is paid for with City utility funds. However, the parties recognize that this funding policy may change in the future, and this Agreement shall not be interpreted to bind the City to pay for the replacement of Sanitary Sewer and Water Mains described in this paragraph. Rather, whether such replacement costs are to be paid for using City utility funds or are specially assessed to the abutting property owners shall be determined at the time such replacement may occur. It is the expectation of the parties that at the time of such future replacement, the City will endeavor to apply the same funding policy that it has applied to the then immediately prior two instances of Sanitary Sewer and Water Main replacement. C. STORM SEWER AND PONDING. The City shall maintain, repair, and replace the Storm Sewer, and Storm Water Ponds (including cleaning such Storm Water Ponds) located on the Albertville Plaza and Albertville Plaza Second Addition plats 4 in the same manner and with the same degree of care as if such items were owned by the City, but such maintenance shall be at the expense only of the owners of lots in the Albertville Plaza and Albertville Plaza Second Addition plats as set forth in paragraph 3.b below. Such maintenance shall include periodic dredging of the Storm Water Ponds but not mowing the grass around such Storm Water Ponds. In the event the City must excavate to maintain the Storm Sewer lines, the City shall restore that portion of the Storm Sewer line that had improvements located above it to grade in gravel form and the Albertville Plaza and Albertville Plaza Second Addition owners shall be responsible for patching concrete or bituminous pavement or replacing any structures that had to be removed. The owners of the ponds in Albertville Plaza Third Addition shall each maintain the storm sewer and ponds located on their own lots in good working condition at all times at their own expense. 3. MAINTENANCE COSTS. a. Streets Maintenance Cost. The City will bill the Owners for the costs of performing the street maintenance services under this Agreement on a quarterly basis, provided, however, that the City may forward such billing to the Association to which all properties subject to this Agreement are currently members, at the request of all such members. In such case, the Association shall pay such billing, but the City retains the right to seek payment from the Owners in the event the Association fails to fully pay such billing in a timely manner. Such costs shall be reasonable and in proportion to the actual costs of the City performing such services. Initially, the City's cost for each time it snow plows the Streets shall be a minimum of $250.00 for a one -hour plowing event ($150.00 per plowing, $50.00 per hour for labor with a one -hour minimum and $50.00 per piece of equipment per hour). The City may change the initial per snowplowing charge as its costs of performing such service change. Such cost modifications for the next winter snowplowing season shall be provided to the Owners in writing by September 301h immediately prior to the winter snowplowing season that such cost changes will be effective. The total costs of maintenance of the Streets, and any Deferred Maintenance Costs set forth on Schedule 1 shall be allocated among the lots in proportion to their square footage as listed on Schedule 2 attached hereto. b. Storm Sewer and Storm Water Ponds Maintenance Cost. The City will bill the owners of lots in Albertville Plaza and Albertville Plaza Second Addition for the costs of performing the Storm. Sewer and Storm Water Ponds maintenance services under this Agreement on a quarterly basis. Such costs shall be reasonable and in proportion to the actual costs of the City performing such services. The total costs of maintenance of the Storm Sewer and Storm Water Ponds shall be allocated among the Albertville Plaza and Albertville Plaza Second E Addition lots in proportion to their square footage as listed on Schedule 2 attached hereto. C. Terms of Payment. Such charges shall be invoiced to the Owners and shall be due and payable by the Owners within sixty (60) days after invoicing ("Due Date") by the City. Bills not paid by the Due Date shall incur the standard penalty and interest established by the City for utility bills within the City. if any such payment is not made in full when due, the City may certify to Wright County the amounts due and payable with real estate taxes in the next calendar year; the parties agree that such certifications .may be made under Minnesota Statutes, Chapter 444 or Chapter 429, in a manner similar to certifications for unpaid utility bills, or pursuant to Minn. Stat. §366.012. Notwithstanding the foregoing, the Owners shall have thirty (30) days after receipt of the bills referenced above to object to the amounts stated thereon. Such objections shall be made directly to the Albertville City Administrator. if an Owner fails to raise a timely objection, then said Owner shall be deemed to have waived any and all procedural and substantive objections to the imposition of such charges on the respective lots. Furthermore, the Owners will be deemed to have waived any and all procedural and substantive objections to special assessments for the aforementioned reasonable costs, including, but not limited to, notice and hearing requirements, and any claims that the charges or special assessments exceed the benefits to the lot. The Owners waive any appeal rights otherwise available pursuant to Minn. Stat. §429.081 if any such rights are not exercised within thirty (30) days of the adoption of such special assessment by the City Council. 4. INDEMNIFICATION OF CITY. Owners shall indemnify, defend and hold the City, its council, agents, employees, attorneys, and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties, and attorney's fees, that the City incurs or suffers which arise out of, result from, or relate to the City's performance of its duties hereunder unless the claimed damages are a direct result of the negligence of the City and its employees, agents, and/or contractors. 5. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time by giving the Owners 365 days written notice of such termination. The Owners may terminate this Agreement by giving the City 365 days written notice of such termination, provided such notice is signed by all Owners. Notwithstanding the foregoing 365-day written notice requirement, the City may terminate this Agreement if, after 30 days written notice to the Owners that Streets are not being maintained in a commercially reasonable manner, the Owners fail to remedy such maintenance deficiencies. 6. NOTICES. All notices given or required to be given if directed to the City shall be directed to: City of Albertville, c/o City Clerk, P. O. Box 9, Albertville, Minnesota 55301. All 6 notices to the Owners shall be to the addresses to which real estate tax statements are sent to each of the Owners as such addresses are on file with the Wright County Auditor's Office at the time such notices are sent. As of the date of this Agreement, the Owners addresses for notice purposes are shown on Exhibit F. 7. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties pertaining to maintenance and supersedes, replaces, terminates and releases all prior maintenance agreements affecting the lots within the Plat including, but not limited to, that certain agreement entitled "Maintenance Agreement by and Between the City of Albertville and the Owners of Lots within Albertville Plaza Addition for the Maintenance Of Real Property Located 1'n the City of Albertville, Wright County, Minnesota" recorded in the Office of the Wright County Recorder as Document Number 733279 on March 6, 2001 as further amended by that certain agreement entitled "Amendment to Maintenance Agreement for Albertville Plaza Amending the Maintenance Agreement Recorded With Wright County Recorder as Document No. 733279" recorded as Doc. No. A 1028678 in the Office of the Wright County Recorder on October 10, 2006. This Agreement shall not supersede, replace, terminate, or release any portion of the Developer's Agreements governing the Plat, such agreements recorded as document numbers 733277 and 1026216, at the Wright County Recorder's Office, Wright County, Minnesota. The document numbers assigned to both Developer's Agreements for Albertville Plaza Third Addition once each is recorded shall be attached hereto as Exhibit G. This Agreement shall be governed by Minnesota law. It is the intention of the parties that this Agreement be recorded with the Wright County Recorder and that this Agreement shall run with the Property and all Owners and subsequent Owners of the Property shall be bound by the terms and conditions of this Agreement. [Remainder of page left intentionally blank; signature pages follow.] 7 CITY OF ALBERTVILLE a Municipality of the State of Minnesota By Jillian Hendrickson Its Mayor and By Kris Luedke Its Clerk STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2025, by Jillian Hendrickson, the Mayor of the City of Albertville, a municipality under the laws of the State of Minnesota, on behalf of the City of Albertville. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF } The foregoing instrument was acknowledged before me this day of , 2025, by Kris Luedke, the Clerk of the City of Albertville, a municipality under the laws of the State of Minnesota, on behalf of the City of Albertville. Notary Public EXCELSIOR PROPERTY, LLC a Minnesota Limited Liability Company Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF } The foregoing instrument was acknowledged before me this day of , 2025, by , the Chief Manager of EXCELSIOR PROPERTY, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public L JKZ HOLDINGS, LLC, a Minnesota limited liability company M. STATE OF MINNESOTA ) )ss. COUNTY OF ) Its Chief Manager The foregoing instrument was acknowledged before me this day of , 2025, by , the Chief Manager of JKZ HOLDINGS, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 10 PHOENIX RENTALS IV, LLC, a Minnesota limited liability company ME STATE OF MINNESOTA ) )ss. COUNTY OF ) Its Chief Manager The foregoing instrument was acknowledged before me this day of , 2025, by , the Chief Manager of PHOENIX RENTALS N, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 11 REICHERT PROPERTIES LLC, a Minnesota limited liability company Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2025, by , the Chief Manager of REICHERT PROPERTIES LLC, a Minnesota limited liability company, on behalf of the limited liability company. 12 Notary Public Beatrice Irene Roden, an individual STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2025, by Beatrice Irene Roden. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Couri & RupPe Law Office P.O. Box 369 St. Michael, MN 55376 763-497-1930 13 EXHIBIT A LEGAL DESCRIPTION FOR THE EASEMENT AREA FOR THE SANITARY SEWER AND WATER MAIN Albertville Plaza See Albertville Plaza Second Addition depiction below. Albertville Plaza Second Addition See depiction below. Albertville Plaza Third Addition OUTLOT A Easement for drainage and utility purposes over, under and across that part of Outlot A, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota lying between the lot lines of said Outlot A and the following described line: Commencing at the northeast corner of said Outlot A; thence South 89 degrees 28 minutes 50 seconds West, assumed bearing, along the north line of said Outlot A a distance of 13.20 feet; thence South 00 degrees 31 minutes 10 seconds East 10.00 feet to the point of beginning of said line; thence South 89 degrees 28 minutes 50 seconds West 140.89 feet; thence South 00 degrees 31 minutes 10 seconds East 5.00 feet; thence South 89 degrees 28 minutes 50 seconds West 175.0.00 feet; thence South 00 degrees 31 minutes 10 seconds East 141.94 feet; thence North 89 degrees 28 minutes 50 seconds East 12.00 feet; thence South 00 degrees 31 minutes 10 seconds East 15.00 feet; thence North 89 degrees 28 minutes 50 seconds East 268.59 feet; thence along a non -tangential curve concave to the East 165.82 feet a radius of 1502.32 feet and a central angle of 06 degrees 19 minutes 27 seconds to the point of beginning and there terminating. OUTLOT B Easement for drainage and utility purposes over, under and across that part of Outlot B, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota lying between the lot lines of said Outlot B and the following described line: Commencing at the Southwest comer of said Outlot B; thence North 89 degrees 28 minutes 41 seconds East, assumed bearing, along the south line of said Outlot B 286.57 feet to the southeast corner of said Outlot B; thence North 17 degrees 46 minutes 01 seconds West 31.41 feet to the point of beginning of said line; thence South 89 degrees 28 minutes 41 seconds West 267.26 feet; thence North 00 degrees 31 minutes 10 seconds West 12195 feet; thence North 89 degrees 28 minutes 50 seconds East 17.00 feet; thence North 00 degrees 31 minutes 10 seconds West 15.00 feet; thence North 89 degrees 28 minutes 50 seconds East 260.78 feet thence 137.39 feet along a tangential curve concave to the East with a radius of 1502.32 feet and a central angle of 05 degrees 14 minutes 23 seconds to the point of beginning and there terminating. LOT 1, BLOCK 1: Easement for drainage and utility purposes over, under and across that part of Lot 1, Block 1, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota lying between the lot lines of said Lot 1 and the following described line: Commencing at the northeast corner of said Lot 1; thence South 89 degrees 28 minutes 50 seconds West, assumed bearing, along the north line of said Lot 1, 10.00 feet; thence South 00 degrees 31 minutes 10 seconds East 15.00 feet to the point of beginning of said line to be described; thence South 89 degrees 28 minutes 50 seconds West 28.07 feet; thence North 00 degrees 31 minutes 10 seconds West 5.00 feet; thence South 89 degrees 28 minutes 50 14 seconds West 143.99 feet thence South 00 degrees 37 minutes 1 i seconds West 283.95 feet; thence North 89 degrees 28 minutes 41 seconds East 105.71 feet; thence South 00 degrees 31 minutes 10 seconds East 46.00 feet; thence North 89 degrees 28 minutes 41 seconds East 65.00 feet; thence North 00 degrees 31 minutes 10 seconds West 207.42 feet; thence South 89 degrees 28 minutes 50 seconds West 10.46 feet; thence North 00 degrees 31 minutes 10 seconds West 20.00 feet; thence North 89 degrees 28 minutes 50 seconds East 17.46 feet; thence North 00 degrees 31 minutes 10 seconds West 97.46 feet to the point of beginning and there terminating. 15 d 3 jj W C I1, vi l Tr IMN.:l.11 � i -��� •�pN S�- 1�s - ram_ � z �• 19' �� \ � ,� i'• " t `-a; -< ;_..jar _ ;`�� 1 Z ' I99Q ST'.r ?b'' •, �.--K.`.""'� r��_-_�• L1J _ / q, f CQ 'a n" j ! pia IZi?. se�fb d [su"�°�� Y p� [��'; � � i ° f_ } =i' ��i�ss/ C S � `ram `• P a;j.f g�t #� g � Ai } eYX ja3y _E S LL�-LJl _ i'f E Fa °st` f U) f 4i:9.'<; al 3=b lu s. i- �9 i-� aiSiEi 3 YSE i 3€ ARCHIVED EXHIBIT B LEGAL DESCRIPTION FOR THE AREA OF THE STREETS Existing Roadwav Easement (i.e., Albertville Plaza): An easement for roadway purposes over, under and across those parts of Lots 1, 2 and 3, Block 1, Albertville Plaza and Lots 1 and 2, Block 1, Albertville Plaza Second Addition according to the record plats thereof, Wright County, Minnesota being a 48.00 foot wide strip of land, the center of said strip is described as follows: Beginning at the northeast corner of said Lot 1, Block 1, Albertville Plaza Second Addition; thence northwesterly along the northerly line of said Lots 1 and 2, Block 1, Albertville Plaza Second Addition, a distance of 349.07 feet, more or less, to the most westerly corner of said Lot 3, Albertville Plaza; thence northwesterly on an assumed bearing of North 65 degrees 23 minutes 25 seconds West along the northerly line of said Lots 1 and 2, Block 1, Albertville Plaza Second Addition, a distance of 75.86 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 100.00 feet, a central angle of 83 degrees 58 minutes 58 seconds and a distance of 146.58 feet to a point of reverse curvature; thence northerly along a tangential curve concave to the west, having a radius of 269.00 feet, a central angle of 28 degrees 04 minutes 03 seconds a distance of 131.78 feet; thence North 09 degrees 28 minutes 30 seconds West, tangent to said last described curve, a distance of 24.02 feet to the intersection with a line 35.40 feet northerly of, measured at a right angle to and parallel with the south line of said Lot 1, Albertville Plaza said point hereinafter referred to as "Point A"; thence continue North 09 degrees 28 minutes 30 seconds West, a distance of 40.00 feet and said center line there terminating. Together with an easement for roadway purposes over, under and across the above -described property, being an 80.00 foot wide strip of land, the center line of which is described as follows: Beginning at the aforementioned said "Point A"; thence North 80 degrees 31 minutes 30 seconds East and parallel with the south line of said Lot 1, Albertville Plaza a distance of 185.79 feet to the east line of said Lot 1 and said center line there terminating. The sidelines of said easements are to be lengthened or shortened so as to begin on the cast line of said Lot 3, Albertville Plaza, and Lots 1 and 2, Block 1, Albertville Plaza Second Addition and to terminate on the east line of said Lots 1 and 2, Albertville Plaza. Existing Roadway Easement i.e. Albertville Plaza Second Addition An easement for ingress and egress purposes over, under and across those parts of Lots 1 and 2, Block 1, ALBERTVILLE PLAZA SECOND ADDITION, according to the recorded plat thereof, Wright County, Minnesota, said easement being a 34.00 foot wide strip of land which 16 lies southwesterly of the northeasterly 24.00 feet of said Block 1 and which has a center line described as the common line between said Lots 1 and 2. The sidelines of said easement are to be prolonged or shortened so as to begin on the south line of said Block 1. Together with an easement for ingress and egress purposes over and across said Lot 2, which lies northwesterly of the northwesterly line of the aforedescribed strip of land, which lies southwesterly of a line 24.00 feet southwesterly of and parallel with the northeasterly line of said Block 1 and which lies easterly of a curve concave to the west having a radius of 10.00 feet. Said curve is tangent to said parallel line and said northwesterly line. Proposed Roadwav Easement (i.e., Lot 1, Block 1, Albertville Plaza Third__ Addition): Easement for ingress and egress purposes over that part of Lot 1, Block 1, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota described as follows: Beginning at the northeast corner of said Lot 1; thence South 89 degrees 28 minutes 50 seconds West, assumed bearing, along the north line of said Lot 1 a distance of 21.50 feet; thence South 01 degrees 09 minutes 54 seconds East 342.35 feet; thence North 88 degrees 50 minutes 06 seconds East 17.65 feet to the east line of said Lot 1; thence North 00 degrees 31 minutes 10 seconds West along the east line of said Lot 1 a distance of 342.13 feet to the point of beginning and there terminating. Proposed Roadwav Easement (i.e., Outlot A, Albertville Plaza Third Addition Easement for ingress and egress purposes over that part of Outlot A, ALBERTVILLE PLAZA THIRD ADDITION, Wright County, Minnesota described as follows: Beginning at the northwest corner of said Outlot A; thence North 89 degrees 28 minutes 50 seconds East, assumed bearing, along the north line of said Outlot A, 19.84 feet; thence South 01 degrees 09 minutes 54 seconds East 171.04 feet; thence southeasterly 7.85 feet along a tangential curve concave to the northeast having a radius of 5.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence North 88 degrees 50 minutes 06 seconds East, tangent to last described curve, 278.76 feet to the east line of said Outlot A; thence Southeasterly along said east line 24.39 feet to the southeast corner of said Outlot A; thence South 89 degrees 28 minutes 50 seconds West along the south line of said Outlot A 301.88 feet to the southwest corner of said Outlot A; thence North 00 degrees 31 minutes 10 seconds West along the west line of said Outlot A, 196.94 feet to the point of beginning and there terminating. Proposed Roadway Easement Outlot B, Albertville Plaza Third _Addition : 17 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 Oudot 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. UK EXHIBIT C DEPICTION OF THE EASEMENT AREA OF THE STORM SEWER 19 z 66 0 all -F— 1 51 [III TIN L I 11:1 ' i ! i I . ... . .... N12, . .... 1-1 ... . 1i . : I 11. 11, I I U, '"I, 0 0 00 ------------ -10 j "-q ....... ... ... f4l 14- C) -- ------------------ ------ - --- -------------- ----- LLJ 57 4A 1E ! ag /V Ji 2- 1�1 I —7LLJ - CO X I loll POW I ni '1 1; ARCHIVED EXHIBIT D DEPICTION OF THE EASEMENT AREA OF THE STORM WATER PONDS 20 Ea F H IIfY Ei #y� �hIf�f {�'i�ii�i LU U ., z L1 N � � � a pp � � 6 � F III E "1� k.... • ..1.. �.....,� t�6i�ft+I+ � i�Y�F� FI EE,1:: jf•fEE 1[Ii�'f lfEE� °i� to '! f�, �li!i� � N ... r a IDEAddt<de lt;ill'e�:ll ##� �`E ?: !JJJIL J W 5 5 }��n F 2op C Eli� pst .l �� � �� �;a �=Z'[i � S[�� D•j[§'� C �' O f?c• �' : 3 •' Y'w =tij 4 R s l by , y 3af k - 7 m g¢ �f ii�n s �g• I 1 1 sai,.S �! lea 1cs{ .' t4 Fcs ES sP i 3 ISM LLJ z C_U 1 0 I— F-- _ U� 2 Y Q I ARCHIVED EXHIBIT E ARTICLES OF INCORPORATION FOR ALBERTVILLE PLAZA ASSOCIATION Office of the Minnesota r of Stale CoMcadom of Rel td a a L, SEU'44 vii_tuty SrUCtdt tr .SLA: o NIiCatc+L, i. �{i, Ct 16 1t'-+1, lily lr-in,l I U-A be, rw acre iil-1 isa thr Miril"Irrla �nspsi-cs::r�tL'r;cnyral I Irs _vyitrm mi the 3Ae+.11 listA 7 _ ,;i• icuC t"lsl the c opin; •rnnrrcialccl x•itlr sf3i� cv-s i icx;so r_ are x t,-su an+s rd' l'n�.r. 1•Isst,;ty �:c trl : t� si'.xt rcr:rsy3: F€lAngiij MCA iork; y FT � t1�tu lr�ltra� i`ys[�+? l li:i�� ;'4r�r�sh�•r° [ti7ui('m,-A 1 tlsis6., Z 11''Wr-1 n yet i � sty vc Simon Cc]Clo urStLl �` ; E N i L h 21 Clice of the Minnesota Secretafy of State Cerfiftate B Incorporation L Steve Simon, Secretes of State of:4iirsrLesola_ do certi& cb- The following lts ess emirs• has duly complied w2h d* relev nt pruvisram. of &-5ora Stmutas listed below, and Es famed or authorized E0 do bu:uieE in = E esora on assd airz-r teas dare n-I all de powers, rights and privUem and mkier_t ro the Wnitxdocu. duties and restricn-am. set forth in €lta,t chapter. 'ice bie:ines= entity is now iepL--v registered under zlLA lays ofNfLmesota. Fite Numbse<e: i i e ar [innewra 5tamies, npmr' 317h Thh cenificate [gas been is sawed on: M-11112t 24 w j 1� - V—A'10� Steve Siauou Sea�t� of .3t;'�te State of '_¢,isrjeso4 22 Office of the Mir ►� �etafy of State `��; { Minnesota Nonprofit Ca rat fArd of irtaarparatton Z f The mdividtai(sj aiv below who zs {are each) 12 yem; of ap or older, hEsIp adop j.) ave faUmmg Artic:e5ofInc©rparamon. ARTICt E I - CORPORATE NAN E: ALbtrtcdle Plains 3sa d2d m ARTICLE 2 - REGISTERED OFFICE AND AcjENT (S). IF ANY AT TKAT -FI E. Em ARTICLE 3 - iNCOR OPUTOR(S). Mom: ShaRTA Rm in DURATION. P 'iY1-U Aairwmv 19 W rVXNS 5'rN-i'SiiI+3 l'E1i Ali' IN 5--MG Nyou sub= atv amd mesat, v ulB ir? istcmTsomted mo this dog mmr. If the arw-h it conficts W _h tie idor=ziom specLFvaEq set forth irm ihis d+c:` -m thL d<xumain supstse.Les thedam re5azenced in tl e ltrncb '? ma. By fyping my name, d, the undersigned, certify than f am signing Ws Ocrement as time perso.n arrhosr x*atum is required, or as a 9mr of tm persan(s) arhase rign+amrc waum be regvirea who has fautteaHzca-tee to sign this dbcumEnt on Ri;1her behoff or in bath taparitres, t further certify boat t have rompfe2rd aft regvirea ftefds, and mat the lnf"mataan in thhy dacumnt & tetra and rarr'ect co f in casptiaracc whA Oc appJrca-bfe E7R{FPSef Of MF311rRC3 Statutes. 1 uyWenland that by siges ngr this ddCVWent t orn saabjecf to ME pcntaities afper}u'ry Ass set pfW bn See a "!5.4$ as if i god si"ed' the; aW cement under oath. SICRTD BY- rShoHy A- F imfin Nix z ADDRE a7S: Nime Provided E.NLAM FOP, OFFiCI4I. NG=S: nshl�t(m�� 9kius�oianr_cam 23 AKFICLE'S OF INCORPORATION OF ALBERTVILLE PLA.7-4LASSOCIATION T1111 t0llkf PLt'WO, fi-Ir WH217111-pPiC Di'fi%yaiiny, ac.uipi,,Ta6*:sn not kirprr*lit pirsuant tD 1ho l-,mWi;.ACMi ll-.,o r614,vivinr, A rKok-i "F ARTICLE I NANIE 1.1 VIC nam, lip A11PUrIvilit! M:om AwNriatkh ARTICLE 11 RE.',G I -S'I'F.,RFf) i WF ICE Nellark ,%vLoije N.E. rk-1 'N ; ii - 7 ARTKA,C111 PUR POS FS 1 '1114 Awimmwl nwilds It llwL�vTAvkt(N ebw5mol am1i6,�tfT Ill.'s A%4jL1viLmf.,:n ni-A Covity.1y[aw I.-Ilxvfli.-uy 'un. cw piol-ii. io the. nicir,.kvs Ovi'vol". ar%l the ir.;vd.-x pirjw.ws C-.ir whirh it i,.i t 7 mnarc Kati 17mMOk- anj ko'lK! privnt,� rfvr4i, flit jCt-ded:d Col1'rl(.'i11 frouLk, anji,'kq 7tvinwj filcililit;.,i &—W-mik;d ir, 14w Platt P Ufa on W-o trial *t' m�-rTd in the offlee Ld Lho ',Vlg7- A R-2imfdet' om)[1.1fis6g v'l r:,Jl Ill-q1olly to nlct .l m 115" uily ,.Tf Allv2ri-millo, Wright i'vill1l.,!, arut 141v 1miclillmleniq them1n, T lu" Avij'A'.1al it.-tv :01all "-Inly rov'e'li osxw T�,,Jllirvxj hy 'Ir'd ill- (1-111,aFllaw % ith ifld-UdLL� 1110 11LOW01 It.) :�qfflr-o mtd r&Vilo l'u'r dto 1 fft!g2AlW. lunfjr.2 hy tame, gal, g�-j-ra, bcquwN-1. L�tka,Jcvbx. tor ivLl' and Lip wwri, hold. cxjy-otid, iaialx !Mitt![;;, arAl Of'L Jfld In crsw' . .. it wilor.. and of Nfly cu;n& xW3 [woporty and im�-az-v,. wmd 1.15 L-mie, im-cloudwr, mid lv1.11C "an.u. -e omt,,�k I " 'lu'd 111k A�4wv"Jzlliflfl ;Vol I hnw� %twh I.-Owr I'mm ev� 'dvbich at o T md:111 dw, Ril J11J.2, purpcovs and m.'hizh aro mi'kirdod ki hi.-., Aswwia,,Lim by N-Nui. Stai, Cb, I I 7A, a nA, -,%. vlu,�-IQLI or Wi 11C[taRlut, -111,volAed. Al I qlleir dik A-owi ;,ialiou 4tall tic cnilgimcm xith th-v rrquirunmi ,'i pff liv. Intermit. Ravapiiv Coe;P.., Page I oi 2 24 ARTWLE IV DURAUON I I The dumbmi oldik A.i�;a6alioiC,, be ARTWIX V !�IVCK 5 1 fay ,'oc:Lsuv�ii Nfiall hakc iin rallilni ll!Lf.ck- AR 11CLE V] MO F'SIONO FN-A'S -1 b,:-iz Arlivk-: of hilo)rpAniticift pr4wided by luw. 3.RMC131 Vil I'SCON.110RA1014 W The numeand addasonk WqImmm IAMw AwwWwn nm Mw Shotly A- A] mdm Bhj:,41jn &- PLU."' 1 Yl nits SA I ccl NY,. il�. I OJ Fm W.; MN 5500 IN pjTXEVj UWEREOF-, il,_,2 IJjjjor.j, -,Tp�ir- -cuntos 1. hi,�vh r hand gmal irivi alor 0 day uA, k1w..''21LA ShAly A, Wusliol, h-ci.mlir,ralor by 2 W 25 EXHIBIT F OWNERS' NOTICE ADDRESSES ALBERTVILLE PLAZA Lot 1, Block 1 PID: 101-078-001010 STREET ADDRESS: 11011 61 st Street NE Albertville MN, 55301 LOT OWNER: Excelsior Property LLC 444 2nd Street, Suite C Excelsior, MN 55331 Lot 2, Block 1 PID: 101-078-001020 STREET ADDRESS: NIA LOT OWNER: JKZ Holdings, LLC 5429 Nelmark Avenue NE St. Michael, MN 55376 Lot 3, Block 1 PID: 101-078-001030 STREET ADDRESS: 11025 618t Street NE Albertville MN 55301 LOT OWNER: Phoenix Rentals IV, LLC 1102561 st Street NE Albertville, MN 55301 ALBERTVILLE PLAZA SECOND ADDITION Lot 1, Block 1 PID: STREET ADDRESS: LOT OWNER: 101-117-001010 11019 61 sc Street NE Albertville MN, 55301 JKZ Holdings, LLC 26 Lot 2, Block 1 PID: STREET ADDRESS LOT OWNER: 5429 Nelmark Avenue NE St. Michael, MN 55376 101-117-001020 NIA Reichert Properties LLC 12787 39"' Street NE St. Michael, MN 55376-3099 ALBERTVILLE PLAZA THIRD ADDITION Lot 1, Block 1 PID: TBD, pending recordation of plat STREET ADDRESS: TBD, pending development/permitting LOT OWNER: Beatrice I. Roden 5953 Labeaux Avenue NE Albertville, MN 55301 Telephone: (763) 497-2937 Email: rodenbea@gmail.com With a copy to: Beatrice I. Roden 5953 Labeaux Avenue NE Albertville, MN 55301 Telephone: (763) 497-2937 Email: rodenbea@gmail.com Outlot A PID: TBD, pending recordation of plat [currently 101-500-021-101] STREET ADDRESS: 5953 Labeaux Avenue NE Albertville, MN 55301 LOT OWNER: Beatrice 1. Roden 5953 Labeaux Avenue NE Albertville, MN 55301 Telephone: (763) 497-2937 Email: rodenbea@gmail.cozxa OUTLOT B 27 PID: STREET ADDRESS: LOT OWNER: TBD, pending recordation of plat TBD, pending development/permitting Beatrice I. Roden 5953 Labeaux Avenue NE Albertville, MN 5530t Telephone: (763) 497-2937 Email: rodenbea@gmail.com _: EXHIBIT G DEVELOPER'S AGREEMENTS FOR ALBERTVILLE PLAZA THIRD ADDITION The numbers assigned to the Developer's Agreements for Albertville Plaza Third Addition by the Wright County Recorder's Office are and 29 SCHEDULEI DEFERRED MAINTENANCE COSTS AS OF MAY 19, 2025 See attached. 30 Attachment to Schedule 1 Deferred Maintenance Costs as of Monday, May 19, 2025 = $0.00 31 SCHEDULE 2 STREETS MAINTENANCE COSTS ALLOCATION Lot 1, Block 1, Albertville Plaza 17.30% Lot 2, Block 1, Albertville Plaza 10.79% Lot 3, Block 1, Albertville Plaza 10.72% Lot 1, Block 1, Albertville Plaza Second Addition 14.30% Lot 2, Block 1, Albertville Plaza Second Addition 14.44% Lot 1, Block 1, Albertville Plaza Third Addition 12.65% Outlot A, Albertville Plaza Third Addition 10.36% Outlot B, Albertville Plaza Third Addition 9.44% TOTAL 100% STORM SEWER, STORM WATER PONDS, AND DEFERRED MAINTENANCE COSTS ALLOCATION Lot 1, Block 1, Albertville Plaza Lot 2, Block 1, Albertville Plaza Lot 3, Block 1, Albertville Plaza Lot 1, Block 1, Albertville Plaza Second Addition Lot 2, Block 1, Albertville Plaza Second Addition TOTAL 32 25.61% 15.98% 15.87% 21.16% 21.38% 100%