2025-06-04 1st Amendment to Development Agreement (AVA 2nd) - RecordedDOCUMENT #: A1571342
03-06-2025 at 3:29 PM
Certified filed and or recorded on above date
TAN" WEST
WRIGHT COUNTY RECORDER
WRIGHT COUNTY, MN
Pages: 37 Fee Amount: $46.00
This document has been electronically recorded.
Return To: Couri and Ruppe PLLP
CITY OF ALBERTVILLE
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT/
PLANNED UNIT DEVELOPMENT AGREEMENT
AVA SECOND ADDITION
THIS AGREEMENT, entered into this 4' day of June, 2024 by and between
Medart, Inc., a Missouri Corporation, referred to herein as "Developer"; and the CITY
OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City"
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property legally described
as Lots 1 and 2, Block 1, AVA Second Addition, according to the plat of record as
filed in the Office of the Wright County Recorder, Wright County, Minnesota, which
real property shall hereafter be referred to as the "Subject Property." and
WHEREAS, the City and Darkenwald Holdings had previously executed a
Development Agreement/Planned Unit Development Agreement pertaining to the plat
of AVA Second Addition and recorded as document number A1533354 in the Office
of the Wright County Recorder, Wright County, Minnesota (hereafter, "Original
Developer's Agreement"); and
WHEREAS, the parties desire to modify the Original Developer's Agreement
as it pertains only to the Subject Property as set forth herein; and
WHEREAS, Developer has requested and the City has given approval to the
following requests pursuant to the City's Zoning Ordinance:
A. The combination of Lots 1 and 2, Block 1, AVA Second Addition into a
single lot and vacation of drainage and utility easements within the interior
of the Subject Property; and
B. Planned Unit Development Site and Building Plan Review;
WHEREAS, the City's approval of Developer's requests is contingent upon
Developer entering into this First Amendment to Development Agreement/Planned
Unit Development Agreement AVA Second Addition (hereafter, "Agreement"); and
WHEREAS, the City requires that Developer construct certain Municipal
Improvements including, but not limited to, grading and installation of storm water
ponding and municipal water on the Subject Property; and
WHEREAS, the City further requires that certain other improvements be
installed by the Developer within the Subject Property, which improvements consist
of boulevards, top soil and sod, grading control per lot, bituminous or concrete
driveways and parking lots, drainage swales, landscaping, berming, parking lot
lighting, street cleanup during project development, erosion control, and other site -
related items; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each parry's promises and considerations herein set
forth, as follows:
1. Zoning/Subdivision Approvals. The following zoning -related items are hereby
approved, subject to the following conditions:
A. Developer shall combine Lots 1 and 2 of said AVA Second Addition into a
single lot as shown on the attached Exhibit A. Developer shall execute that
easement dedicating permanent drainage and utility easements over the
Subject Property as set forth on the attached Exhibit B.
B. Developer shall construct the improvements shown on the Site Plan
attached as Exhibit C, including, but not limited to, concrete curb and
sidewalk, bituminous parking lot, drive lanes and driveways, and parking
lot lighting. Developer shall install bituminous to create an initial 73
parking spaces west of the building location, with an additional 141 parking
stalls to be constructed with bituminous surfacing at a future date, subject
to the following conditions:
i. 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.
ii. The applicant shall construct with bituminous pavement the
additional 141 parking spaces required to meet the City's Zoning
Ordinance requirements upon notification from the City that
such spaces, or a portion thereof, must be constructed. The City
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may require such additional parking spaces if the on -site parking
proves insufficient to meet the parking demand.
iii. All parking shall be designed and constructed to meet City
parking standards.
C. Developer shall install landscaping as shown on the Landscaping Plan
attached as Exhibit D, and shall replace those plants that may from time to
time die such that the landscaping shown on Exhibit D is maintained as long
as the building shown on the Site Plan is located on the Subject Property.
D. The landings and sidewalks adjacent to the exterior of the building shall be
kept clear of obstructions and snow from the building doors to a drive aisle
for emergency exit purposes.
E. The uses of the Subject Property shall comply with the City's ordinances
and applicable state law at all times.
F. Developer shall develop Subject Property consistent with the Plans and
Specifications as prepared by Lampert Architects dated January 16, 2024
and as prepared by Landform dated February 13, 2024, both of which are
on file with the City Clerk. The Developer shall comply with all site plan
approval conditions accompanying the City Council approval except where
affinnatively modified by this agreement.
G. Developer shall install a gravel fire lane as shown on the attached Exhibit
C for fire access to the building to be constructed on the Property. The
gravel fire lane shall be constructed to meet the 2020 Minnesota State
Fire Code, Fire Apparatus Access road for all-weather access standards.
The gravel fire lane shall be improved to a bituminous or concrete surface
upon the earlier of October 31, 2035 or upon the construction of an
addition to the building shown on Exhibit C. No occupancy shall be
issued for the building on the Subject Property until the gravel fire access
lane is complete.
H. All grading, drainage, utility and transportation issues that arise during
development of the Subject Property shall be subject to review and approval
by the City Engineer.
I. Developer shall maintain the storm sewer system and ponds that are to be
constructed on the Subject Property. Developer understands that the storm
water ponds on the Subject Property will contain storm water from Karmen
Avenue as a result of the City granting Developer's request to vacate the
drainage and utility easement that is currently being used for ponding water
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from Karmen Avenue on the Subject Property. Developer agrees to
maintain the storm water ponds at DeveIoper's cost in perpetuity, including
the pond(s) that may contain water from Karmen Avenue.
Prior to the recording of the final plat, Developer shall provide the City with
a temporary stormwater and utility easement over the ponding area shown
on the attached Exhibit E. Said temporary stormwater and utility easement
shall expire at such time as:
i. Developer completes construction of the ponds shown on the Grading
and Drainage Plan shown on the attached Exhibit F; and
ii. Developer constructs the drainage conveyance system which conveys
storm water from Karmen Avenue to the completed ponds shown on the
Storm Sewer Plan shown on the attached Exhibit G.
K. All private utilities installed on Karmen Avenue shall be installed
underground in a joint trench.
L. Developer shall install outdoor lighting in accordance with the
Photometric Plan as prepared by Landform and attached as Exhibit H.
M. The approvals granted to a portion of the Subject Property by the City in
2022 for the Albertville Self -Storage PUD site and building plans
intended to be constructed on the Subject Property are deemed abandoned
by the Developer and are repealed and revoked by mutual agreement of
the City and Developer.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on
the Subject Property as detailed in the construction plans as prepared by
Landform dated February 13, 2024 and on file with the City Clerk, said
improvements to include grading and installation of storm water treatment
ponds as set forth on Exhibit F to this Agreement and the installation of
a Municipal water line and fire hydrant as shown on the Utility Plan
attached as Exhibit I (collectively, the "Municipal Improvements"). 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 the City Engineer specifies a later date, said
improvements shall be installed by October 31, 2024.
B. The Developer shall provide the City with record drawings for all
Municipal Improvements, consistent with City requirements and subject
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to review and approval of the City Engineer. Record drawings shall be
certified by a registered land surveyor or engineer that all ponds, swales,
emergency overflows, and Municipal Improvements have been
constructed on public easements. Such record 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. The Developer warrants to the City for a period of two years 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 to construct said Municipal Improvements on the
Subject Property. Should Developer fail to provide the City with all
applicable lien waivers, the City reserves the right to draw upon Developer's
surety and pay any contractors who performed work on any Municipal
Improvements and whom Developer has failed to fully pay for the
performance of said work.
E. The City shall, at its option, have the City Engineer present on the Subject
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. Developer shall construct all on- and off -site improvements ("Private
Improvements") including installation of storm sewer not located in the
street right of way, boulevards, traffic signs, yard top soil, sod and seed
in all yards, grading control per lot, bituminous or concrete driveways
and parking lots, and like items as necessary, street cleanup during
project development, and erosion control, all as required by City
ordinance. All yard areas shall be sodded with grass or landscaped in
accordance with the attached Landscaping Plan. In all cases permanent
turf or grass must be established over all areas of the lot not covered by
a hard or impervious surface. Erosion control, drainage swales and
berming, shall be installed upon initial grading of the Subject Property.
The grading of the Subject Property shall be performed in accordance
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with the Grading and Drainage Plan for the Subject Property attached
hereto as Exhibit F.
B. Developer agrees to have all utilities installed at its expense according
to the Utility Plan and the Storm Sewer Plan for the Subject Property as
attached as Exhibits K and L, respectively.
C. Notwithstanding the requirements of subparagraph 3A above, the
Developer shall install to the City's satisfaction said Private
Improvements for said Subject Property prior to the date that a
certificate of occupancy (temporary or permanent) is issued by the City
for a building located on the lot, unless the certificate of occupancy is
issued after October 1 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, the owner of the lot shall cause the required landscaping and sod
to be installed by the first June 30`h following the issuance of the
occupancy permit.
4. 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 of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $579,282,
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($316,962), 50% of the cost of selected Private
Improvements, ($33,000), $1,500 per acre for erosion and sediment
control over 12.88 acres ($19,320) and 150% of the estimated cost for
landscaping/screening materials ($210,000). 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 or located within the Kansas City
Missouri greater metropolitan statistical area), and must be available in
its entirety to fulfill the obligations of the Developer 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 issuance of a building permit
for the Subject Property.
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B. 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 4.A above or a lesser amount authorized by the City Council
pursuant to paragraph 5.13 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, the Developer
agrees that upon being billed by the City, Developer will pay within
thirty (30) days of the mailing of said billing, the said deficient amount.
If there should be an overage in the amount of utilized security, the City
will, upon making said determination, refund to the Developer any
monies which the City has in its possession which are in excess of the
actual costs of the project as paid by the City.
D. Developer hereby agrees to allow the City to specially assess
Developer's property for 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 the
Developer are paid or satisfied, it is agreed that the Developer shall
provide the City with a new letter of credit or other surety, acceptable to
the City, at least forty-five (45) days prior to the expiration of the
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 and thence draw in part or in total,
at the City's discretion, upon the expiring letter of credit to avoid the loss
of surety for the continued obligation. The form of any irrevocable letter
of credit or other surety must be approved by the City Attorney prior to
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its issuance. Developer shall maintain said letter of credit in the amount
required by the City at all times.
F. In the event the 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 the
Developer, the City may draw on its 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.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements, Private
Improvements or Landscaping, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately
reduced for that portion of the Municipal Improvements, Private
Improvements or Landscaping which have been fully completed and
payment made 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 the Developer. Such cost shall be paid to the City
within thirty (30) days of the date of mailing of the billing.
B. The 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 the Subject
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Property attached as Exhibit D, the letter of credit or surety 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 requests
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 Developer and paid to the City within thirty (30) days of billing.
6. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the proposed development of the Subject
Property, the City's costs and expenses related to attorney's fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans and
specifications, and any other expenses undertaken in reliance upon Developer's
various assertions shall be paid by said Developer within thirty (30) days after
receipt of a bill for such costs from the City. In addition, in the event the Developer
abandons the project, in whole or in part, ceases substantial field work for more
than nine (9) months, fails to provide sufficient ground -cover to prevent continuing
soil erosion from the Subject 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 the Subject
Property to the point where undeveloped grounds are level and covered with
permanent vegetation sufficient to prevent continuing soil erosion from the Subject
Property and to facilitate mowing of the Subject Property. In the event that said
costs are not paid, the City may withdraw funds from the above -mentioned surety
for the purpose of paying the costs referred to in this paragraph.
7. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will 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 and the approval of the Subject Property, as well as all reasonable
engineering expenses incurred by the City in designing, approving, installing, and
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inspecting said Improvements described above. Developer agrees to pay all such
costs within 30 days of billing by the City. If Developer fails to pay said amounts,
Developer agrees to allow the City to reimburse itself from said surety and/or
assess the amount owed against the Subject Property without objection.
8. Development Related Fees and Credits.
A. Storm Water Utility Connection Charge.
Developer agrees that the City's Storm Water Utility Connection Charge
Ordinance requires the Developer to pay $1,500 per acre for all acres
included in said Lots 1 and 2 upon application for a building permit on said
Lots 1 and 2. There are 11 acres in Subject Property (12.88 less 1.88
existing ponding) to which the Storm Water Utility Connection Charges
apply, which received final plat approval (said Lots 1 and 2, but excluding
outlot). Therefore, the Storm Water Utility Connection Charge for the
numbered lots receiving final plat approval is $19,320.
B. SAC and WAC Charges. Developer agrees that the City's Sewer Access
Charge ("SAC") and Water Access Charge ("WAC") ordinances require
the Developer to pay applicable SAC and WAC upon application for a
building permit on said Lots 1 and 2.
9. Erosion and Siltation Control.
Developer shall implement all erosion control measures detailed in the Storm
Water Pollution Prevention Plan ("SWPPP") attached as Exhibit K and on the
Grading and Drainage plan (including construction of all temporary and permanent
ponds) attached as Exhibit F 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. The parties recognize that time is of the essence
in controlling erosion. If the Developer does not comply with the 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 the Subject Property
and take such necessary erosion control actions. The City will endeavor to notify
the Developer in advance of any proposed action, but failure of the City to do so
will not affect the Developer's and City's rights or obligations hereunder. If the
Developer does not reimburse the City for any cost the City incurred for such work
within thirty (30) days, the City may draw down the letter of credit to pay any costs
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or may specially assess the Subject 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.
10. Drainage Requirements.
Developer shall comply with all requirements set forth for drainage into any county
ditch or other ditch through which water from the Subject Property may drain, and
shall make any necessary improvements or go through any necessary procedures
to ensure compliance with any federal, state, county or city requirements, all at
Developer's expense.
11. 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 the development of the Subject Property. The 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 in the Subject Property.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a result
of construction activity on the Subject Property will be repaired immediately if
deemed to be an emergency by the City. Developer further agrees that any
damage to public property as a result of construction activity on the Subject
Property will be repaired within 14 days of notice to the 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, the Developer
shall reimburse the City for all of its expenses within thirty (30) days of its billing
to the Developer. If the Developer fails to pay said bill within thirty (30) days,
then the City may specially assess such costs against the lots within the Subject
Property and/or take necessary legal action to recover such costs and the Developer
agrees that the City shall be entitled to attorney's fees incurred by the City as a
result of such legal action.
12. Temporary Easement Rights.
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Developer shall provide access to the Subject Property at all reasonable times to
the City or its representatives for purposes of inspection or to accomplish any
necessary work pursuant to this Agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement
are items for which Developer is responsible for completing and all 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 building permits are issued prior to the completion and acceptance of
public improvements, the Developer assumes all liability and the costs
resulting in delays in completion of public improvements and damage to
public improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release.
E. This Agreement shall run with the land and shall be recorded against the
title to the property.
F. The Developer represents to the City that the Subject Property and its
related submissions (including but not limited to the grading plan, utility
plan, and site plan) complies with all City, county, state and federal laws
and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines
that the Subject Property does not comply, the City may, at its option, refuse
to allow construction or development work in the plat until the Developer
so complies. Upon the City's demand, the Developer shall cease work until
there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on the Subject Property, Developer shall provide the City with
evidence of good and marketable title to all of the Subject Property,
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provided that Developer shall provide an executed mortgage subordination
agreement from all mortgage holders subordinating such mortgages to the
terms of this Agreement. Evidence of good and marketable title shall
consist of a Title Insurance Policy or Commitment from a national title
insurance company, or an abstract of title updated by an abstract company
registered under the laws of the State of Minnesota.
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.
Developer shall obtain all required driveway, utility and other permits as
required by either the City Engineer, Wright County and/or the State of
Minnesota for the construction of the Municipal Improvements and the On -
and Off -Site Improvements.
14. Violation of Agreement.
A. In the case of default by the Developer, its successors or assigns, of any of
the covenants and agreements herein contained, the City shall give
Developer thirty (30) days mailed notice thereof (via certified mail 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 the United States Mail. Upon failure to cure by
Developer, the City may thence immediately and without notice or consent
complete some or all of the Developer's obligations under this Agreement,
and bring legal action against the Developer to collect any sums due to the
City pursuant to this Agreement, plus all costs and attorney's fees incurred
in enforcing this agreement. The City may also specially assess all said
costs incurred upon default against the Subject Property pursuant to the
terms of this Agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph 14.A
above, in the event that a default by Developer will reasonably result in
irreparable harm to the environment or to public property, or result in an
imminent and serious public safety hazard, the City may immediately
exercise all remedies available to it under this agreement in an effort to
prevent, reduce or otherwise mitigate such irreparable harm or safety
hazard, provided that the City makes good -faith, reasonable efforts to notify
the Developer as soon as is practicable of the default, the projected
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irreparable harm or safety hazard, and the intended actions of the City to
remedy said harm.
C. Paragraph 14.A of this Agreement shall not apply to any acts or rights of
the City under paragraph 4.E of this Agreement, and no notice need be
given to the 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 the Developer.
D. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits to the properties on the Subject
Property.
15. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to the Subject Property, and upon completion of all
construction work and certification of completion by the City Engineer,
shall dedicate all drainage and utility easements to the City. Upon
acceptance of such dedication, Developer shall provide to the City "As-
Builts" (both in paper form and electronic form as required by the City
Engineer) of all publicly dedicated utilities, storm sewers, storm water
ponds 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.
B. Park Dedication.
Park Dedication for the Subject Property has previously been satisfied
and no further park dedication fees are owed on the property at this
time.
C. Stormwater Retention and Treatment Ponds and Basins.
i. Developer shall dedicate drainage and utility easements to the
City over all stormwater retention and treatment ponds and
basins. Developer shall be required to maintain all such ponds,
in accordance with the terms of the Stormwater Maintenance
Agreement attached as Exhibit K.
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ii. Developer shall enter into that Storm Water Maintenance
Agreement attached as Exhibit K and shall comply with the
terms of such Agreement.
16. Indemnity.
Developer shall hold the City and its officers and employees harmless from
claims made by Developer and third parties for damages sustained or costs
incurred resulting from the Subject Property approval and development. The
Developer shall indemnify the City and its officers and employees for all costs,
damages or expenses which the City may pay or incur in consequence of such
claims, including attorney's fees. Third parties shall have no recourse against
the City under this contract.
17. Assignment of Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from its obligations
under this contract without the express written consent of the City Council
through Council resolution.
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.
The Developer will pay all reasonable professional fees incurred by the City as
a result of City efforts to enforce the terms of this Agreement. 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. The
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 the 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 said plans and responsible for
implementation of said plans as herein incorporated.
15
21. Integration Clause, Modification by Written Agreement Only.
This Agreement represents the full and complete understanding of the parties
and neither party is relying on any prior agreement or statement(s), whether
oral or written, and the parties intend this Agreement to replace the right and
obligations of the Developer and the City in the Original Developer's
Agreement as to Lots 1 and 2 of AVA Second Addition, but the parties do not
intend to modify the obligations of any of the parties to the Original
Developer's Agreement as to any properties other than said Lots 1 and 2.
Modification of this Agreement may occur only if in writing and signed by a
duly authorized agent of both parties.
22. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the
City Clerk for the City) or registered mail or by email (to the Developer)
addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Medart, Inc.,
Attn: David A. Strubberg
124 Manufacturers Drive
Arnold, MO 63010
Telephone: 636-236-7557
Email: dastrubberg@medartinc.com
23. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
LG
CITY OF ALBERTVILLE
By
Its Mayor
B VMA e
Its Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this L+4 '1
day of c,UAb , 2024, 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.
Q7Wz
MaegNoa PrAi
ublic cker
0
Minnesota 3120Z6
"' myum Notgry Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this �
day of ' UAp, , 2024, by Kris Luedke, as Clerk of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
IIry •• ���
Maeghan Marie Becker
Notary Public
` Minnesota
;r+; �°`Coaian EesJanu�ry 31, 2016 Public
Nota
17
MEDART, INC.
r
Its: �Z�j5,E'rr
STATE OF MISSOURI )
t ) ss.
COUNTY OF4:b
The foregoing instrument was acknowledged before me this ZP day of
2024, by Mike Medart as `.g f of Medart, Inc.., a
corporation, on behalf of the corporation.
a
Notary ;Pfic
DRAFTED BY:
Court & Ruppe Law Office
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
Kimberly A Cupp
NSerl
STATE Public OF MN,;tUR
Jefferson County
My Commission Expires Jan. 24. 2025
Cotttmissian # 134'I77S1
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EXHIBIT B TO DEVELOPER'S AGREEMENT
DRAINAGE AND UTILITY EASEMENT
Medart, Inc., a Missouri corporation, Grantor, for valuable consideration, receipt of
which is hereby acknowledged, does hereby convey and warrant to the City of
Albertville, a municipal corporation under the laws of the State of Minnesota, Grantee,
for drainage and utility purposes, together with the unrestricted right to improve the
same, free and clear of all encumbrances, the following described permanent drainage
and utility easements over, across and under real estate on Lots 1 and 2, AVA Second
Addition, according to the plat of record Wright County Recorder's Office, Wright
County, Minnesota, as described and depicted on the attached Easement Exhibit 1.
MEDART, INC.
By: J. Mike Medart
Its: President
STATE OF MISSOURI )
) ss.
COUNTY OF JEFFERSON)
The foregoing instrument was acknowledged before me this day of
52024, by Mike Medart as President of Medart, Inc.., a Missouri
corporation, on behalf of the corporation.
Notary Public
This instrument was drafted by:
Couri & Ruppe, P.L.L.P.
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
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EXHIBIT K TO DEVELOPER'S AGREEMENT
(Reserved for Recording Data)
STORMWATER
MANAGEMENT AGREEMENT
This AGREEMENT made this day of , 2024, by and between
the CITY OF ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as
the("City") and Medart, Inc., a Missouri Corporation (hereinafter referred to as the "Developer").
WHEREAS, the Developer is the fee owner of certain real property situated in the City of
Albertville, County of Wright, State of Minnesota legally described as Lots 1 and 2, AVA Second
Addition, according to the plat on file at the Wright County Recorder's Office, Wright County,
Minnesota (hereinafter referred to collectively as the "Subject Property") which the Developer has
obtained the approval of the City for the development thereof; and
WHEREAS, the City has required that the Developer make provision for the construction,
maintenance and repair of the Ponds (collectively "Stormwater Ponds") located within the
boundaries of the Subject Property and shown on the attached Exhibit A, as the same is described
and depicted in those certain construction plans drawn by Landform, and dated February 13, 2024
and on file with the City Clerk ("Plans").
WHEREAS, the City and Developer 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. The Developer agrees to
construct the Stormwater Ponds according to the Plans and repair and maintain 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 have maintained the proper operation of the stormwater
treatment as a Stormwater Ponds according to the City Standards. 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; or (2) are not functioning as originally designed
and intended; or (3) are in need of repair, the Developer agrees to restore the Stormwater Ponds
so that they function as they were designed and intended. The Developer 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 shall be solely responsible for the repair and maintenance of the Stormwater
Ponds located on the Subject Property, including all costs to repair and maintain said Ponds.
2. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, following at least thirty (30) days prior written notice and
Developer'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 the Developer 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. 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 Subject Property. The City may, in addition
to its other remedies, assess the reasonable out-of-pocket cost in whole or in part against the
Subject Property, certify the costs against the Subject Property pursuant to Minn. Stat. 366.012,
or take any other action authorized by law to collect such costs from Developer.
3. Terms and Conditions. This Agreement shall run with the land and shall be binding
upon Developer's successors and assigns with respect to the Subject 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
BY:
Jillian Hendrickson, Mayor
_►I
Kris Luedke, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2024, by Jillian Hendrickson and by Kris Luedke, the Mayor and City Clerk,
respectively, of the City of Albertville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
MEDART, INC.
By: J. Michael Medart
Its: President
STATE OF MISSOURI )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this day of ,
2024, by J. Michael Medart the President of Medart, Inc., a Missouri corporation on behalf of the
corporation.
This Instrument Drafted by:
Mike Couri
Couri & Ruppe Law Office
P.O. Box 369
St. Michael, MN 55376
763-497-1930
NOTARY PUBLIC
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