Loading...
2026-03-26 24-71382 Developers AgreementCITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT JAVA RETAIL ADDITION B-3/PUD This Agreement ("Agreement") is made and entered into this `Zto day of March, 2026, by and between the City of Albertville, a municipal corporation organized under the laws of the State of Minnesota (the "City"), and Java Albertville Retail LLC, a Minnesota Limited Liability Company (the "Developer"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the City previously established the B-3 General Business District zoning, which governs land use, lot requirements, setbacks, and development standards within such districts; and WHEREAS, Developer is the owner of Lots 1 and 2, Block 1, and Outlot A, Java Retail Addition, Wright County, Minnesota (collectively, the "Property" or "Said Plat"), which is currently zoned 3-3 and is proposed for development as a Planned Unit Development ("PUD"), and which real property is subject to the provisions of this Agreements and WHEREAS, Developer has submitted applications to the City, including a Preliminary Plat, Final Plat, PUD, and associated site plan review, to establish the Java Retail Addition 13- 3/PUD and construct commercial developments including, but not limited to, a car wash with accessory structures and a grocery store on the Property; and WHEREAS, the proposed PUD seeks flexibility from the strict requirements of the City's Zoning Ordinance as specifically set forth in this Agreement, while maintaining consistency with the B-3 zoning standards and applicable City Codes and WHEREAS, the Property's proposed development includes necessary public improvements, including municipal water, sanitary sewer, stormwater ponding, street lighting and sidewalks (collectively, "Municipal Improvements"), all to be constructed and financed by Developer in accordance with the plans approved by the City, and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of Private Drives, storm sewer, top soil and sod, grading control per lot, bituminous or concrete driveways, drainage swales, landscaping, screening, street signs, street lights, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, the City desires to ensure that the development of the Property is consistent with the Albertville Zoning Ordinance, Minnesota State Building Code, City engineering standards, and the Albertville Comprehensive Plan; and 1 WHEREAS, final approval has been granted by the City to allow for the aforementioned Development proposed by Developer, with such approval contingent upon the Developer entering into this Development Agreement; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the Parties and subsequent owners, the understandings, obligations, and covenants of the Parties concerning the development of the Property and the conditions imposed thereon; NOW, THEREFORE, inconsideration of the mutual promises, covenants, and considerations herein contained, the Parties agree as follows: l . Planned Unit Development. The City hereby grants approval of the development on the Property as the Java Retail B-3/PUD Planned Unit Development with flexibility fiom the strict requirements of the City's Zoning Ordinance as specifically set out herein. Unless otherwise explicitly set forth in this Agreement, Developer must conform to the requirements of the B-3 zone (General Business District) of the Albertville Zoning Ordinance and all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: A. The City and Developer agree that Lots 1 and 2, Block 1, Java Retail Addition are intended to be used only for uses allowed in the Java Retail B-3/PUD, which shall be the same as the B-3 base zoning district, as depicted in the plans attached as Exhibit A, as well as: i. Car washes, and related multiple accessory structures, as a permitted use, with the standards and conditions established in this section, as also depicted in the plans attached as Exhibit A and C. B. Lot requirements and setbacks shall be the same as the underlying B-3 zoning district. C. Special PUD Conditions: i. A private street easement over the lots 1 and 2, Block 1 of Said Plat must be prepared and recorded at the Wright County Recorder's Office by the applicant that defines the location and configuration of the private street. The easement must allow shared access to all the lots in the plat. Such street easement shall meet the approval of the City Attorney. ii. All improvements shall be constructed in accordance with the latest edition of CEAM's Standard Utility Specifications and the City of Albertville's standards. 2 iiit Record drawings of all site improvements, prepared consistent with the City's As -Built Checklist, shall be submitted prior to issuance of any Certificate of Occupancy. iv. All traffic signing and striping shall conform to the most recent edition of the MMUTCD and applicable fire regulations. v. SAC and WAC charges, as well as storm water connection charges, shall be paid prior to the issuance of any building permits. vi. A Stormwater Management Agreement shall be executed and recorded against the property to provide for the long-term maintenance of the stormwater pond by the owners of Lots 1 and 2, Block 1 of Said Plat, consistent with that Stormwater Management Agreement attached hereto as Exhibit B. vii. Curb barriers must meet the setbacks established in Section 1200.4(H)(16) of the zoning ordinance, except for the shared lot line between Lot 1 and Lot 2, Block 1, JAVA RETAIL ADDITION within the PUD. viii. The number of required parking spaces constructed on Said Plat shall be the same number and configuration as shown on the attached Exhibit A. Any proposed development that would result in an increase in required parking spaces per the City's zoning ordinance must provide the additional required parking for such proposed development. ix. Developer shall install and maintain in good condition a fence meeting the standards of City Code Section 1000.7 to provide screening along the west property line of Lot 1 where it abuts the cemetery to the west said Lot 1. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off the Subject Property as detailed in the Plans and Specifications for Java Retail Addition, as prepared by Michael J. Gerber, dated February 17, 2026 and on file with the City Clerk, said improvements to include installation of water mains and sanitary sewers as shown on the Utility Plan attached as Exhibit C, stormwater ponding, street lighting, curb and gutter on the west side of Mackenzie Avenue NE shall be extended to the new driveway entrance to Said Plat as shown on the attached Exhibit A and all other improvements required by the City Engineer. All such improvements shall be constructed according to the standards adopted by the City, and in conformance with said Plans and Specifications for Java Retail Addition 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, 2026. 3 B. The Developer shall provide the City with record drawings as well as electronic drawings in a format required by the City for all Municipal Improvements, consistent with City requirements and subject to review and approval of the City Engineer. Record drawings shall be certified by a registered land surveyor or engineer that all Municipal Improvements have been constructed on public easements, as applicable. 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 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. Acceptance shall be by City Council motion or resolution. D. Developer shall not allow any mechanic's liens to be filed against the Subject Property as the result of the construction of the Municipal Improvements. If a mechanic's lien is filed against the Subject Property as the result of the construction of the Municipal Improvements and Developer does not cause such lien to be released of record within thirty (30) days after filing, the City reserves the right to draw upon Developer's surety after providing Developer with 30 days written notice 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, subject in all events to applicable retainage. E. The City shall, at its option, have the City Engineer or other representative 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. F. The owners of said Lots 1 and 2 shall be responsible for snow and ice control, at Developer's expense, on the right turn lane from Wright County Highway No. 136 onto Said Plat. 3. Construction of On- and Off -Site Improvements A. Developer shall construct all on- and off -site improvements, including installation of paved private drives, curb and gutter, boulevards, sidewalks, street signs, traffic signs, yard topsoil, sod and seed in all yards, private utilities, grading, drainage swales, storm sewers, berming, erosion control, street cleanup during project development, and similar items as necessary, to be constructed on the Subject Property ("On- and Off -Site Improvements"), all as required by City ordinance and this Agreement. All grading, drainage, utility, and final site plans are subject to the review and approval of the City Engineer. In all cases, permanent turf or grass must be established over all areas of the Subject Property not covered by a hard or 0 impervious surface. Said On- and Off -Site Improvements shall be installed no later than October 31, 2026, with the exception of erosion control, drainage swales, and berming, which shall be installed upon initial grading of the Subject Property, and private utilities, which shall be installed prior to the issuance of a Certificate of Occupancy. B. Developer shall construct new private drives necessary to provide access to Lot 1 and Lot 2, Block 1, Java Retail Addition, in the locations shown on Exhibit D. The construction of such private drives shall occur prior to the issuance of any Certificate of Occupancy for buildings on Lots 1 and 2, Block 1, Java Retail Addition. Before constructing such drives, Developer shall obtain permanent, recordable easements for the private drives from all affected lots within Lots 1 and 2, Block 1, Java Retail Addition, in a form reasonably acceptable to the City Attorney, and such easements shall be recorded with the recording of this Development Agreement. Developer shall, at its own expense, ensure the following items are installed within the Development, all such items to be installed underground, within the parking areas or drive easements, or such other locations as may be approved by the City Engineer, in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by CenterPoint Energy or other such carrier; iii. Other utilities as required to serve the Development, including communications and optical fiber if applicable. C. Developer shall, at its own expense, ensure the following items are completed prior to October 31, 2026: i. All fencing installed by the prior owner on the Subject Property shall be addressed in accordance with the Settlement Agreement filed in Wright County District Court Case No. MmCV-23-5596 dated January 21, 2025. ii. All existing storm sewer, structures, and driveway culverts along the west side of Mackenzie Avenue NE shall be removed, unless such structures are permitted to remain by written confirmation of the City Engineer A Swale shall be designed and constructed along Mackenzie Avenue NE, with trees cleared and grubbed, all as required by the City Engineer. iv. All gravel and material from the southeast corner of the property shall be removed, and the area restored with topsoil and turf. 5 D. Developer shall maintain erosion control measures in accordance with the Minnesota Pollution Control Agency's NPDES permit and the stormwater pollution prevention plan attached as Exhibit E. E. Trees, shrubs, berms, and screening are to be planted and installed as shown on the Landscaping Plan attached as Exhibit J. Developer shall replace any plantings that die with substantially the same or similar landscape planting shown on the Landscape Plan, F. Notwithstanding the requirements of Section 3A above, and except as otherwise provided in this Agreement, the Developer shall ensure that all On- and Off -Site Improvements are installed to the City's satisfaction prior to the date that a Certificate of Occupancy (temporary or permanent) is issued by the City for any building located on the Java Retail Addition, unless the Certificate of Occupancy is issued after October 1st and before March 30th in any given year, in which case a temporary Certificate of Occupancy shall be issued with the requirement that the Developer install landscaping improvements by the following June 30th. 4. Surety Requirements. A. The 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 Agreement shall be performed. Said letter of credit or surety shall be in the amount of $138,250 representing the sum of 100% of the estimated cost of the Municipal Improvements ($85,000) and 150% of the estimated cost for landscaping/screening materials related to the Subject Property ($30,000 x 150% _ $45,000) and $1,500 per acre for erosion control ($8,250). 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 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 cancellation of the letter of credit is specifically approved in writing by the City. B. Upon a Developer Default hereunder, the City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to Municipal Improvements and On- and Off -Site Improvements described above, erosion control, and other such measures), to pay liens on the Subject Property in the manner provided for herein, to reimburse itself for reasonable 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 the Developer under this Agreement. Said letter of credit must be maintained by Developer at all C times at the level provided in paragraph 4A above or a lesser amount authorized by the City Council pursuant to paragraph 5B 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, the 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 Development as paid by the City. D. Developer hereby agrees to allow the City to specially assess the Subject Property for any and all reasonable costs incurred by the City in enforcing any of the terms of this Agreement should the Developer's letter of credit or surety prove insufficient or should the 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. Should the City assess the Subject Property for said reasonable costs, the Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute § 429.081, to the extent of the costs identified in this Agreement. E. In the event a surety referred to herein is in the form of an irevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or 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 the 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 its issuance. F. In the event the Developer files bankruptcy or in the event a banlciuptcy 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, and/or erosion control, and/or Landscaping 7 Improvements and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of such improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's reasonable 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. 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 Municipal Improvements have been installed, that portion of the letter of credit or surety attributable to the Municipal Improvements may be reduced by the dollar amount of such Municipal Improvements 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, 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. C. The reasonable 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 Proiect -Costs and Expenses. In the event Developer should abandon the Development of the Subject Property, the City's reasonable 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 representations shall be paid by Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event Developer abandons the Development, 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 Subject Property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all reasonable 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 specially assess such costs against the Subject Property and/or take necessary legal action to recover such costs, including reasonable attorneys' fees. 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, mapping, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Developer's PUD application, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, mapping and 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, then the City may specially assess such costs against the Subject Property. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibits G and K. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. Drainage Requirements. Developer shall comply with all applicable requirements 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 drainage requirements, all at Developer's sole expense. 10. Maintain Public Property Dammed 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 (including ditches) when said damage occurs as a result of the activity which takes place during the development of the Subject Property. Developer further agrees to pay all reasonable 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 Subject Property. Developer agrees to clean the public streets providing access to the Subject Property 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 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 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 reasonable expenses within thirty (30) days of its billing to the Developer. If Developer fails to pay said bill within G such period, then the City may reimburse itself by drawing on the letter of credit, may specially assess such costs against the Subject Property, or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to reasonable attorneys' fees incurred by the City as a result of such legal action. 11. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to complete any necessary work pursuant to this Agreement. Upon expiration of the warranty period and completion of all warranty work, such temporary easement shall terminate. 12. Permanent Cross -Easements. A. The Developer shall grant and record cross -access easements over Lots 1 and 2, Block 1, Java Retail Addition to provide vehicular and pedestrian access between parcels as shown on Exhibit D. Such easements shall allow residents, employees, visitors, and service vehicles to access and circulate between the lots and MacKenzie Avenue. Such Easement agreement shall be subject to the reasonable approval by the City Attorney. B. The owners of Lots 1 and 2 of Said Plat shall ensure that the cross -access easements are constructed, maintained, and kept clear of obstructions at all times to allow safe and adequate access in accordance with City standards. Any required maintenance or repair of improvements within the easement shall be the responsibility of the property owner(s) on whose land the easement lies unless the easement agreement provides otherwise. C. Prior to the issuance of any Certificate of Occupancy for buildings located on Lots 1 or 2, Block 1, Java Retail Addition, the Developer shall provide evidence to the City that all cross -access easements required by this Agreement have been duly recorded. 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. 10 D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. 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. Developer represents to the City that the Subject Property and the proposed use on the Subject Property complies with all City, County, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. Developer agrees to obtain all required federal, state and local permits. If the City reasonably determines that the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until Developer so complies. Upon the City's demand in such event, the Developer shall cease work until there is compliance as determined by the City. F. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, the Developer shall provide the City with evidence of good and marketable title to the Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a reputable title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. G. Prior to beginning construction work on the Subject Property, Developer shall provide the City with a general liability and property damage insurance policy naming the City and the City's consultants and agents as additional insureds in the minimum amount of $1.5 million. H. The Developer shall cause the Final Plat attached hereto as Exhibit F to be recorded at the office of the Wright County Recorder's Office immediately prior to the recording of this Agreement. I. Developer shall install exterior lighting consistent with City ordinance and the Lighting Plan attached hereto as Exhibit G. J. Developer shall grade the property consistent with the grading plan attached hereto as Exhibit H. 14. Violation of Agreement. A. Except as otherwise provided in this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give the Developer thirty (30) days mailed notice thereof (via certified mail), thereof (via certified mail), and if such default is not cured within said thirty (30) day period (a "Developer Default"), the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City 11 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 the Developer, the City may thence immediately and without notice or consent of the Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the Subject Property, bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all reasonable costs and reasonable attorney's fees incurred in enforcing this Agreement, draw on the surety provided herein, or pursue any combination of the above remedies as well as any other remedy available to the City in law or equity.. In no event shall Developer be liable to consequent, punitive or special damages. B. Notwithstanding the 30-day notice period provided for in paragraph 14A above, in the event that a default by the 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 irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 14A of this section shall not apply to any acts or rights of the City under paragraph 4E above, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as authorized by paragraph 4E. The City may elect to give notice to the 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. 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 make the following dedications to the City: i. Developer shall dedicate drainage easements to the City over, under and across all drainage ponds located in Said Plat. ii. Developer shall dedicate to the City all roads (except private roads), road rights -of - way, curbs, gutters, sewers and water mains and utility easements located within the public street and drainage and utility easements shown on Said Plat. Prior to the City's acceptance of said dedications, Developer shall provide to the City "As- Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication. Developer acknowledges and agrees that in order to satisfy the City's l� park dedication requirements for the amount of residential units being constructed, and after allowing a reduction in the number of units subject to park dedication as a result of the reduced capacity of the residents of the Development to use the City's park facilities, Developer shall pay the City a cash payment totaling $40,500 calculated at $9,020.00 per acre for Lots 1 and 2 on Said Plat (combined acreage is 4.49). Said park dedication fees shall be paid prior to the release of the final plat of Said Plat by the City. In the event that Outlot A is replatted into a numbered lot and block in the future, park dedication shall be paid on such numbered lot and block at the rate that is due per City ordinance at the time of its replatting. 16. Sanitary Sewer, Water Trunk Line and Storm Water Connection Fees. Prior to the City releasing Said Plat, Developer agrees to pay a trunk sanitary sewer and water charges as follows: A. Sanitary Sewer Trunk Line charge in the amount of $9,227, representing $2,055 per acre for Lots 1 and 2 of Said Plat multiplied by 4.49 acres contained in said lots, less a credit of $17,175 for oversizing and extra depth of the sewer main as required by the City. Netting the sanitary sewer charge against the credit yields a net payment to the Developer from the City in the amount of $7,948. B. Water Trunk Line charge in the amount of $8,643, representing $1,925 per acre of Said Plat multiplied by 4.49 acres contained in Said Plat. Developer agrees to pay said amounts prior to the City's release of Said Plat. C. Storm Water Connection Fee. Developer agrees that the City's Storm Water Connection ordinance currently requires the Developer to pay a storm water connection charge of $1,500 per acre and shall be due prior to the release of the final Plat by the City. That charge shall be $6,735, calculated based on 4.49 acres times $1,500 per acre. D. Outlot A. No Sanitary Sewer, Water Trunk Line or Storm Water Connection Fees are being charged to Outlot A at this time. In the event OutMot A is replatted into a numbered lot and block, such fees shall be due upon replatting, calculated at the rates then in effect per City ordinance. 17. Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements required herein. The administrative fee shall be $4,838.75 and shall be paid prior to the release of the Final Plat. 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer or third parties for damages sustained or costs incurred resulting from the Development. 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 reasonable attorney's fees. Third parties shall have no recourse against the 13 City under this Agreement. 19. Assignment of Agreement. The obligations of Developer under this Agreement cannot be assigned without the express written consent of the City Council through Council resolution. 20. Limited Approval. Approval of this Agreement and Planned Unit Development which is the subject of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 21. Professional Fees. 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 attorneys' 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. 22. 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. 23. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing, approved by the Albertville City Council and signed by the duly authorized agents of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by an (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Java Albertville Retail LLC 255 E. Street Mendota, MN 55102 Attn: Mark R. Krogh 25. Agreement Effect. This Agreement shall be recorded against the Real Property at the Wright County Recorder's Office, shall iun with the land, and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 26. Execution of Counterparts. The parties may execute this Agreement in one or more counterparts, and each fully executed counterpart shall be deemed an original. The remainder of this page left blank. 15 CITYOFALBERI vILLE, I: 7►�_.L�:: �foff STATE OF MINNESOTA COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this 7 day of APC4 2026, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the yguthority of the City Council. otany Public STATE OF MINNESOTA ) ♦ � �� p� ss. MINKSOTA COUNTY OF WRIGHT )CW06"Jane 31' The foregoing instrument was acknowledged before by Kris Luedke, as Clerk of the municipal corporation, on behalf of the city and pursuant to the a Notary Public me this ( day of City of Albertville, a Minnesota hority of the City Council. MICHAEL C. COURI I NOTARY PUBLIC MINNESOTA My CarR*W Enka Jan• 310 16 JAVA ALBERTVILLE RETAIL LLC, a Minnesota limited liability company By: Mark . Kr(!(gh Its: Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _2 �o day of March 2026 by Mark R. Krogh, as Manager of JAVAALBERTVILLE RETAIL, LLC, , company, on behalf of the company. MELISSA KAE PAGE BOESHANS Notary Public State of Minnesota My Commission Expires January 31, 2030 DRAFTED BY Couri & Ruppe, P.L.L.P. P.O. Box 369 St. Michael, MN 55376 (763) 4974930 a Minnesota limited liability r� EXHIBIT LIST EXHIBIT A Site Plan EXHIBIT B Storm Water Management Agreement EXHIBIT C Utility Plan Private Drives Plan EXHIBIT E EXHIBIT F Final Plat EXHIBIT G Lighting Plan EXHIBIT H Grading Plan ID►:�'.IIC �rl Erosion Control Plan EXHIBIT J Landscaping Plans 2 — �=�/ 0 b 0 FaLOT LPE yga a MACI�NZIE AVE NE � _ 1 5 33 § 2 L 1 �m �� F 7� 3 g yyga= ppR om a 6 P > P C] yga a MACI�NZIE AVE NE � _ 1 5 33 § 2 L 1 �m �� F 7� 3 g yyga= ppR om a 6 P > P C] n m yS'F 3F8� 9on�A �E T [] A A i I 3 N F ' y a z UH m Z O �Favi Aga° is - O 9 $a,o� I� z a c� a �vo D $ ► ss 3 Mal Fw ?ga 4c I m \)\ {\7 \/ �� (Reserved for Recording Data) STORMWATER MANAGEMENT AGREEMENT This AGREEMENT made this day of March, 2026, by and between the CITY OF ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the "City") and JAVA Albertville Retail, LLC, a Minnesota limited liability company, (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, Block 1, Java Retail Addition, Wright County, Minnesota. (hereinafter referred to 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 Pond ("Stormwater Pond") located within the boundaries of the Subject Property as shown on Exhibit "A" attached hereto, as the same is described and depicted in those certain construction plans prepared by Design Tree, dated October 14, 2025, ("Plans"). WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Pond and the responsibility relating to the costs of the repair and maintenance of the Stormwater Pond. 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 Pond. The Developer agrees to construct the Stormwater Pond according to the Plans and repair and maintain the Stormwater Pond at its sole cost and expense. Maintenance of the Stormwater Pond shall mean (i) monthly inspections of the Stormwater Pond 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 Pond is functioning in accordance with the approved plans and have maintained the proper operation of the stormwater treatment as a Stormwater Pond 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 Pond (1) has not been maintained; or (2) is not functioning as originally designed and intended; or (3) is in need of repair, the Developer agrees to restore the Stormwater Pond so that it functions as it was designed and intended. The Developer further agrees that they will not use the Stormwater Pond for snow storage and will inform its snow removal contractors of this provision of the Agreement. Subject to Section 4 below, Developer shall be solely responsible for the repair and maintenance of the Stormwater Pond, 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 promptly, following 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. When the City does any such work, the City may, in addition to its other remedies, assess the reasonable out- of-pocket cost in whole or in part. 3. Future City Policy. Notwithstanding anything contained in this Agreement to the contrary, in the event the City shall in the future establish a policy for repair and maintenance by the City of stormwater ponds owned by private parties located elsewhere in the City under which policy the costs of such repair and maintenance are to be paid either out of general City revenues or by collection of utility or service fees or charges, then any owner of any portion of the Subject Property shall be entitled to petition the City for the inclusion of the Stormwater Pond under such repair and maintenance program. The recording of a certified copy of the Resolution of the City Council of the City which sets forth the consent and authorization described in the foregoing sentence shall serve to terminate this Agreement, without further action on the part of any party hereto. 4. 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. 2 CITY OF ALBERTVILLE BY: AND STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Jillian Hendrickson Mayor Kris Luedke, City Clerk The foregoing instrument was acknowledged before me this day of March, 2026, by Jillian Hendrickson, the Mayor and City Clerk 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 STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2026, by Kris Luedke, the City Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf A the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ss. COUNTY OF DEVELOPER: JAVA ALBERTVILLE RETAIL, LLC BY: Its The foregoing instrument was acknowledged before me this _day of March, 2026, by the of JAVA Companies, LLC. DRAFTED BY: Couri & Ruppe, P.L.L.P. P.O. Box 369 St. Michael, MN 55376 (763) 497- 1930 NOTARY PUBLIC 4 J _ exsosn lm Inc � � � � � ? 1 '22® eiT� --___ �_ _�-___-_____-______ �-____-___ � .. r------"G"------------------z----- I, — ,� I � � r�M� i; `\ i _ �� �_ �� j >T l i I � � � 91 e•f��� s ��E� I �4Piy i Y9`� ® � g�5�� � � xC i Y. q ! lea=� i 8[:- y _ � '>'g y A� _ _ 83y G _ T 3�Ss ' � _ � E � ��apy_ � ___ —_ nm%a xaauxs� _—��E�a�y � - _ __� -� �z£=E � "auk sya�V— _— _ _ _ — �p�a .�v_�_ I: T�YYY��v� P _ �4Y c °T o LPN I �888M' go �` pro � I ,au,r,�a ps��� f I � $ eei�� qc®p„; Pisa '. � 'Y �^ � I I �� tl n 5 �aiu a5 .� � o �!`'NCOo 3Y�_i 'I �, ' __ g ,� �_ 'j 1 I l �s i P� ''j II � �_� � �� ' {_ � l I �' ��y� `� � I � Q x= � ---- -� � ---- ---�' � -/ i i -- - AVE N_ E ..�,_,__ -- _ T �------' � i � � i � ® ® ® Y m � � � � � z m `� - � m g � 0 s a s a 's > s g �c����oa���xo A � D � '���� _ '� � m � � � � � � g���osa��=e a z � � _ � �4�s� � a�. �r J PMP04➢ Wr UE � � ^t � nr �GP® r.xy _______-_____-___ ne .� _—_________._______ _�______ Jo •..� _ 1 i �,®� I � � per: �, I r i yTo i�M% I � 8 8 ^t—__ � �� I. _ � G B � ��F-' � n— y Ij. I � I �ifAsg � ��i� i t 1 Y5"J a ®� �nnns�� �-'e zQy —3r --_ __ _--p3sa __—_ —__— .�. L ,�s H __ ___ Y9 �Fe®o __ __—� ____�ylyL •>tl cs 105 sr-i1 i61__ __— ®� , w ��� e N-- -- •� $Y�a"- — s � I _ Vlsd- � �€, ,,�v"`'—ti Pax"ee I � ITV y -as.. � � .���Q� I i � I S 4Yp. 'q � � I / 9 � tl� 5 IJfIf.�S. ��m z. I I Y / y �WNtpo.ts ipi�� I . / w���s I / 9 9 9 O I� Ir / — � II �: i �— � � � 9 � G— I � � " s i1 � I( � J i I ? __ __.- I� F„ra �„ L o —_ -- _ _ _ _ _---- n�%~ t I � ' � � _' �__— rya AVE NE T_ — — _ _ _. _ _. _ — —. _ — — _ — — — — —.._ _ _ _ — — — — � �, , �, 1 ��� �� � � � �� ���. � � a€ ��Q� �_� ��P� � �� a �� � �� ���` � &� �� a ���� � m � � gg �� ���€ w seS� Egs s�$�'�Z �� �� 3� 6 3� s� � z y�� ��� A�£a�� f z c � s z � m � t� �a �� � � t �Q�� s �xo' � e�aa� � � � � � � � � � � � ��� � �� �6aa � � ��� � p��� �� 2!����g F � ��� � z� �� o $ � ��SG � ��� k6 �"dr^ �E � � � � ���' g =� ��z 8 9 a � �' �� � � d �a�E ss � � Q�. � 0 � i ��oZ $ � s � a C � Y �c��Aoon��ra � � � � � 3�; fs9 " Ll A � y � � � o�n4y����' z z r g+ � ;��so � m � � � °k � � B� R� Ong 5 �><�e a' (mil vIA I I I I I I i :c 15 ' _ ::•,:: J:,:• rin h4: ,N a W II. 4� Y 8� F � , I I I I , � I a_ s d � o I w = c a _ Lr 0 R §2 HIP q� a gg Rig €� - (n LIA o s �sy9g� x 00 mom aff NJ r� $ 5� 9a�.o.: 3 z D a E $A ► I ��^ ay= Asp�y g K m Ile = m m n_ uou�u ,LL Px.TognLOT LIZ r 1811f-I4'46R gCla ^9SO ( 1 oil le PQIO i /� I r o --4 � ❑ I I IN xo m $ M, AM � MId IQ a i i li y v� sad ' i j, ££ip P & oo 1 t` „ y , ��8" ( I YfTG� " �mM LIPzo _ - I I I Enq u _ M CHENZIE AVE NE xx py C^ I---—----————---—————————-- e ------------------------------------ ------------ - - - - - I A 4 �a 6 o�P? - °9ov cn° g" nmiIn a P PEon 3^� g Fg� sB� p ^ ^yRo� §"a�€o'ap fl ®� ,�_XP �g Np m go N =s ode W yz€ca �; s e s "rns 'S a"' gay z� ao qo > s��P 8 90° In in OH qpg ^ z D a o02 11� l l o-�- esea �-a D �f- j D_- `]i);! _ ( L \ § \\\ _;on . [- O>m ® � � | . |ULF -- !/©§ .• , �_ - /§ -- - |-- � ;! § ; \ ] � � \ on _\ ! � \!9i / _ ` | | fun ! � nix � � III f2-26 � � � � � � � EXHIBIT D ACCESS EASEMENT —NORTH LINE OF LOT 1, BLOCK ONE, JAVA RETAIL ADDITION tP 37.90 '>y, 6Y� — _ \ G) o ,ii 4 vlJ I fl I I\L_L_ I it N~ 11 M ri (i 1 1 J a� II DRAINAGE AND UTILTY I a PER (PLAT OF ME Irj rj I JAVA RETAIL ADDITION I 11 1 1 I A / A [> r--r A l l I L) r\ V � 1 (N c' I I M 1 I � L.V i I I /'1-r' 1 LIJ I � L 1 = 1 N I (o A 111117-1nKi G- r�VVI I I\�JIv I 1 LIJ a l PROPOSED ;> m I (II I) II BUILDING 1 1 < cl C) I I 1 z I I�jj i�`I -7 G- I I LV J ( sF•io -- ---� 2086OA� ----- A�3p156'3 ( I <> ,74 9g 6•, N89°58'28"E \ 36,88 R`97 ------ - I A-3p 66, 00 \ / CURB '�523g 6•• 4 3065.85 - N89°58'28"E 157,09 = S89058'28"W 83,77 <°3g s f 6 EAST LINE OF LOT 2, BLOCK ONE o DRAINAGE AND JAVA RETAIL ADDITION O `' I UTILITY EASEMENT 0 PER PLAT OF Q 103,00 S89°58'28"W 157.10 \ JAVA RETAIL ADDITION —�358 o 6'36" 0 \'\] 63 _ —� N O O Z I\ n I I T I r�\T A SE CORNER OF LOT 2, BLOCK ONE, - 0 60' 120' L_v I JAVA RETAIL ADDITION 1 INCH = 60 FEET NO, DATE DESCRIPTION DATE: 09/26/25 1 HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR PREPARED FOR: REPORT WAS PREPARED BY ME OR UNDER MY ®� �' G R r t SCALE: AS SHOWN DIRECT SUPERVISION AND THAT I AM A DULY DRAWN BY: CWK LICENSED LAND SURVEYOR UNDER THE LAWS OF mp ra ereri „r I,nd r1 r.rrs:c THE STATE OF MINNESOTA, JAVA COMPANIES, LLC CHECKED BY: IDS Agenda I'ragC 112 [OPYAIGNT E 2025 BY DESIGN TREE EfMIEEMUG ➢KOAPoBATED PROJECT NO, 10925002 )Doathan D. Schuette 45352 DATE: 09/30/25 Sg O 9Y`g � $ � � n m i 9 P � P� ' � q 4 a S o — 3 LEgas i oIoIggs till p1 8' -rrr@ rr r4�� qS ^5 ss .r rr d2 �"a $U111 ,31 rY PPPPPj�'r" P4^P PPP rr3 m .$ g4 d aF 4 NL4 g P� 6 yg =a �Yi sp. :ggI fHAN a SadP58 � sg2g gia r Luc % ,: 3%S 4 a —Epgi? 4 �a 19sA gea $4s 2 sg s ga 42 g 5^ yp Sv H 3�$ F 22s 2 ,4d2-$c a s 39 AA_ 4 Fa wa g � 3� �$^ 2 8� g i a.z �asa2., �' s xa 2aaP a 2y g o e �$'a5 ea3.2 2� ygff�ga 32 2 S s s:a r°3E gfl a4€g a a� ��gs,42a gme a' 36 °&s gg5 s � aa IL g A i a �q3. yay 26 �^y y 4 a4 ag `6q 2 'a d 8$$°C33 gg8o g a 2a8Qi 'ssa ¢jo 9. $B ano ad;g a$ 2$ 44 on ggg se va o§$ jta § d 8� �g°9S �: �� a4aWp F SS 2 2 2a � pillion 2a-i'a 3 a 1,0q a 2 gin 2 laf e � s pp p3 pp � � a �vvP R "� g aAD SCL 43' Y e"a gBGa2 �3s �a as 3 aaD B s 4 ova spa a+��� g $�• g s ° g sg 2s °dP 2 Sae g s§ njgo 2 g z ea a 2z s $ io OEM24on �' $3 3 ] da`a ,ag a1 So Mi� x gg ? s.§ e e a ££FF�gF 55fl ' B a g 3§ 8$ a Sb g�$8 g4 'd E °s ° s� It 8 4 Mai 2 a: X ', a 3i - g$ygiE 4a3 Y e 9 �4 ^ 6 ` 2�v aS3d' PP° . PPP ` P4 rP 8 3 ga - �P-: P a.8 4 8 F "2 3" 8 8 8 Pjig8 e8 2 Y gg aq �a 2s.' as 2'a.s-sa2'�,aIIa �ess,S��g aa a�, I-x 3?. to s� 4 a.a2� `A•; 5aa� a� 2�� e•3 F a cg.. a x g292 2a�. es 4egn s-a p2� fi R2^ e� 3 "g� 9 gg_9g s. �, gsaa .a a a g�"a_3°e S§e2ss_ Pc g4 92 10 g4 � a gam-� ��; s �- a g$ a s 3g 4sP�� a ex°s ai � as S a Bgg s gg s"s s2 ggs a� ''s ss rasa @a �Rs use 9ga .a 4aaA g S$�sge 1 g ga 2;1a gg aY K g2 2a 2 a a xa 3sA Svoa-ns 3 1a g %a@§ s son& &aa � 3 8 a�app43F"a " 3a a:2" ,€g^ 3� 1• �¢3 iR 3" I.. 8 C2 a g �aa a a4 eb 3 8aS"ze�$4 s `iu 24. }3 u`IIg3 saa$ a aff gF; 2° a a3�2s3 �3 za {pa"aa 4�;' 'ss a c9aaa2 a €,3° g a$ � �$ �a Q32" ?}2 ° � a=; . $s � °a a 2a����a g �" x�a z" da s fin° s 5 e' sdg g5z �g 46 a i �aa se a$g� �:a a y°y 5 "`2ga8"8 a2$s. a IF g, as a2 S s� S s 2 a as s3� g a 5 a" as Ra r� 8 g a sg Is g2g gigggs a as ;� 4 g g 4 a € d a 8 z a s a a s A es$� a$ 5 8 p 2 gg 5 S • � s' g a 2 ^ga a yvg 3 3 �Fj�5 A �pp � P 8 ac P 44 o o agn= � Z S t° A Gjjp ' Fo D c P� me HS o p A =e gs, _Z oSO omx °np in z m �a = 0 m m e .. 2y�=F .a,o = �y- �4��0 woox � � YQ :�:s: 9Q4� f � i& � os°�A� �a9 = �xAo 'az�� 4 4 �� ���? g amfx w�9 � � £GSw . 4 � / i� � � „,>,,.,E yh� T -{ C' )> Y F i� ffj 7) I `- � f'i ( --�——---—I——-----—� ia , ,,.,�,. �.._„�._ ,.� o �,, �ww�,»�, j� a£ �„ � e i c � �: e=� � � 5 ;s a�A f'; Q -waa �'"� - u �i a i s ` 8 � y _ t� " _ a I a o 0 `'/ { Cti ' \e � � � LL^ {{{ 4 »,.. �o.z. A - �� z� ,— r m .. ��� \'� l e i N e i� �:� �i , -� , i� _.� ��. __ 50J'Oi3i4 ioF3..A ` l K � _ _ — _ � � �s� � I I ,_ I '� I o � �> � �= ��, � I I I �� � �� �" I I I I � I I I I '� I � I i i � � � 0 -gym __ ; cn _� - Z —i _ <� ='gym �m �i ,-�€4 �aa `� ;m D -, � �� r �� D ci z 111.'lltPt 11 �11 III II11111111 II p I l xt tgllip i7.lnlnuul` ll�lllill[ill; I'�11111111111 �}}�Il�illt,111; inllillllllt �11 �11 I'�tlld i� Il 111 lull }•IIIIIII10" �I1 tllll�ill1." nl !`.t 1, n 111 1 IlH I T O :•i a $ g O m r m Z O :Oo PO to OR OR OR ZOL lo CON III A;l OR � / v ZHE CCGI II �� c I II d to IRIM ON I a a ( 'D A OR . .. \� GO als OA be Do d, ... .-.� .� Igo OR OR to OR ap OR o. �Otg do OR . 004 do :� too to��' I lob' iz� �' 0. Ig- toId Ago to POR o� ytf &= 1 i4 K tt rir. do 0A rn ; 71 OnOR =' Pam- i I �co gt l< j -11 ..r�11N� {..:�.�: ..I� to N _ �,It N Osi Al 4p ---�-�--3 0 - - ---d-> -----go OR as to OOP 4711 0 VO KID Ago OR to go to It ho ag, NOR ip o t .. .. .. « yl . . . .'a a > . ;AU!l�fENZIEAl�N06-' . . . .. g eOR 41k Kab Go OR DO 4so OR Go P OR 01 Co ON, 4:6 Go OR Cro Is to OR go III VO :::::::::66L 6 ::;:::::::::::. el.::: 4 v' �zwoDD aug4E eq 3€E y 9-manm >IN No I S v Or 3 = a O rn 0 s r o N 0 8 Z i3 uv7 39�F -. S Pitlaic o a s "� I Elf v o PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION :Oo PO to OR OR OR ZOL lo CON III A;l OR � / v ZHE CCGI II �� c I II d to IRIM ON I a a ( 'D A OR . .. \� GO als OA be Do d, ... .-.� .� Igo OR OR to OR ap OR o. �Otg do OR . 004 do :� too to��' I lob' iz� �' 0. Ig- toId Ago to POR o� ytf &= 1 i4 K tt rir. do 0A rn ; 71 OnOR =' Pam- i I �co gt l< j -11 ..r�11N� {..:�.�: ..I� to N _ �,It N Osi Al 4p ---�-�--3 0 - - ---d-> -----go OR as to OOP 4711 0 VO KID Ago OR to go to It ho ag, NOR ip o t .. .. .. « yl . . . .'a a > . ;AU!l�fENZIEAl�N06-' . . . .. g eOR 41k Kab Go OR DO 4so OR Go P OR 01 Co ON, 4:6 Go OR Cro Is to OR go III VO :::::::::66L 6 ::;:::::::::::. el.::: 4 v' �zwoDD aug4E eq 3€E y 9-manm >IN No I S v Or 3 = a O rn 0 s r o N 0 8 Z i3 uv7 39�F -. S Pitlaic o a s "� I Elf v o PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION to POR o� ytf &= 1 i4 K tt rir. do 0A rn ; 71 OnOR =' Pam- i I �co gt l< j -11 ..r�11N� {..:�.�: ..I� to N _ �,It N Osi Al 4p ---�-�--3 0 - - ---d-> -----go OR as to OOP 4711 0 VO KID Ago OR to go to It ho ag, NOR ip o t .. .. .. « yl . . . .'a a > . ;AU!l�fENZIEAl�N06-' . . . .. g eOR 41k Kab Go OR DO 4so OR Go P OR 01 Co ON, 4:6 Go OR Cro Is to OR go III VO :::::::::66L 6 ::;:::::::::::. el.::: 4 v' �zwoDD aug4E eq 3€E y 9-manm >IN No I S v Or 3 = a O rn 0 s r o N 0 8 Z i3 uv7 39�F -. S Pitlaic o a s "� I Elf v o PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION POR o� ytf &= 1 i4 K tt rir. do 0A rn ; 71 OnOR =' Pam- i I �co gt l< j -11 ..r�11N� {..:�.�: ..I� to N _ �,It N Osi Al 4p ---�-�--3 0 - - ---d-> -----go OR as to OOP 4711 0 VO KID Ago OR to go to It ho ag, NOR ip o t .. .. .. « yl . . . .'a a > . ;AU!l�fENZIEAl�N06-' . . . .. g eOR 41k Kab Go OR DO 4so OR Go P OR 01 Co ON, 4:6 Go OR Cro Is to OR go III VO :::::::::66L 6 ::;:::::::::::. el.::: 4 v' �zwoDD aug4E eq 3€E y 9-manm >IN No I S v Or 3 = a O rn 0 s r o N 0 8 Z i3 uv7 39�F -. S Pitlaic o a s "� I Elf v o PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION ytf &= 1 i4 K tt rir. do 0A rn ; 71 OnOR =' Pam- i I �co gt l< j -11 ..r�11N� {..:�.�: ..I� to N _ �,It N Osi Al 4p ---�-�--3 0 - - ---d-> -----go OR as to OOP 4711 0 VO KID Ago OR to go to It ho ag, NOR ip o t .. .. .. « yl . . . .'a a > . ;AU!l�fENZIEAl�N06-' . . . .. g eOR 41k Kab Go OR DO 4so OR Go P OR 01 Co ON, 4:6 Go OR Cro Is to OR go III VO :::::::::66L 6 ::;:::::::::::. el.::: 4 v' �zwoDD aug4E eq 3€E y 9-manm >IN No I S v Or 3 = a O rn 0 s r o N 0 8 Z i3 uv7 39�F -. S Pitlaic o a s "� I Elf v o PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION Ago OR to go to It ho ag, NOR ip o t .. .. .. « yl . . . .'a a > . ;AU!l�fENZIEAl�N06-' . . . .. g eOR 41k Kab Go OR DO 4so OR Go P OR 01 Co ON, 4:6 Go OR Cro Is to OR go III VO :::::::::66L 6 ::;:::::::::::. el.::: 4 v' �zwoDD aug4E eq 3€E y 9-manm >IN No I S v Or 3 = a O rn 0 s r o N 0 8 Z i3 uv7 39�F -. S Pitlaic o a s "� I Elf v o PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION .. .. .. « yl . . . .'a a > . ;AU!l�fENZIEAl�N06-' . . . .. g eOR 41k Kab Go OR DO 4so OR Go P OR 01 Co ON, 4:6 Go OR Cro Is to OR go III VO :::::::::66L 6 ::;:::::::::::. el.::: 4 v' �zwoDD aug4E eq 3€E y 9-manm >IN No I S v Or 3 = a O rn 0 s r o N 0 8 Z i3 uv7 39�F -. S Pitlaic o a s "� I Elf v o PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION . . . .'a a > . ;AU!l�fENZIEAl�N06-' . . . .. g eOR 41k Kab Go OR DO 4so OR Go P OR 01 Co ON, 4:6 Go OR Cro Is to OR go III VO :::::::::66L 6 ::;:::::::::::. el.::: 4 v' �zwoDD aug4E eq 3€E y 9-manm >IN No I S v Or 3 = a O rn 0 s r o N 0 8 Z i3 uv7 39�F -. S Pitlaic o a s "� I Elf v o PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION :::::::::66L 6 ::;:::::::::::. el.::: 4 v' �zwoDD aug4E eq 3€E y 9-manm >IN No I S v Or 3 = a O rn 0 s r o N 0 8 Z i3 uv7 39�F -. S Pitlaic o a s "� I Elf v o PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION ar 0 m 0 r Mo 00 o MAN i 1 i 6 +7 6 t; 6 f l I j 1 1 I t l if iE i a 1 •if }I' (irrtf'j i 'aquna a F },�j(li(,i, jjjjfl ij�l�eil � j6 . list is } f I it i;li 1111 g ,[ 1} ►1f'I �� I EEii f«(`�' iii¢` ( m R, o? �� It A c !' � i � e' i ' e' e' . e' i e' e' e' e' 1 n \ to 6-t= 6 ME . . �:_T cE-. —ram• _ _� e _ . J -[a [I i '' :' •T c7 : :' :•.._•,._ - m•--1-rrrcF �.-�, ermew•,cx�rr�rs.�:a r� - j. 41 to 4 to 114 ,•P .li • E to 4 to 04 00 M:O so a 00 t i ie' e' _ [to_smaos r.' e' e' 0i r.' r.' _ E' r.' r.' r.' 6 t r' r.' _ _ _ _0 0 4 I� i a � . e — . . . . . . . . . . . . . . to . of . i i . 0 . . a 0 a 0 a & a & . . . . . . 0im 1 . s 0 a to 14 . . hom F to Pull A PROPOSED CAR WASH fOR: � � � �8 �r m s MISTER CAR WASH - MN 2626 ALBERTVILLE m�•- NorFORcoNsrRucnoN 60TH ST. NE ALBERTVILLE, MN e' i ' e' e' . e' i e' e' e' e' 1 n \ to 6-t= 6 ME . . �:_T cE-. —ram• _ _� e _ . J -[a [I i '' :' •T c7 : :' :•.._•,._ - m•--1-rrrcF �.-�, ermew•,cx�rr�rs.�:a r� - j. 41 to 4 to 114 ,•P .li • E to 4 to 04 00 M:O so a 00 t i ie' e' _ [to_smaos r.' e' e' 0i r.' r.' _ E' r.' r.' r.' 6 t r' r.' _ _ _ _0 0 4 I� i a � . e — . . . . . . . . . . . . . . to . of . i i . 0 . . a 0 a 0 a & a & . . . . . . 0im 1 . s 0 a to 14 . . hom F to Pull A PROPOSED CAR WASH fOR: � � � �8 �r m s MISTER CAR WASH - MN 2626 ALBERTVILLE m�•- NorFORcoNsrRucnoN 60TH ST. NE ALBERTVILLE, MN emu@ i IE AVE N_ Ems_ _ IE AVE N_ Ems_ _ I � 1 1 / y � a 1� F� IVA lill �i I I 1 % % I i I I --————————————————————--——————————————————————————————————— ————————————— — — — — — — O® i �� s@ A _ g��cmg m s ^ om �o �f3 ark $ ^ m gFL ig h a} `se § o sF AN �i'= o 5a 5 m 5 cm AZ 9ois mom P^g� o8 gg s oT Z V . ^ 1 O Q 7 7 g ��o, D 3 3 3 3 5 s 0� 2 '6,^�,� Z �S �a �E� z 1- 9oia� Ll 777 Mon 0� o _ , • : |,.� | � > \ ; ! � ;)]�� !� ; § \ 2 � � ; ; • . ; . , , : �!^`,"!\!!]• ! CA § a{20 G > )\ !)/z O ; ° z r | \\\\ , ; • !_|,� \ / \ §; |||| ) §\§§ § #\ ' ]/ EXHIBIT J-1 PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION EXHIBIT J=2 NOIlof12I1SNOO MOd ION AMVNIW11321d NOI1of1MISNO0 MOO ION AZIHNIWI'13Nd