2005-12-20 Development Agreement
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Doc. No. A 993147
RETURN TO:
ATA TITLE
3495 NORTHDALE BLVD
COON RAPIDS rill 55448
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
01-03-2006 at 04:00
Check #: 65981 Fee: $ 46.00
Payment Code 02
Add!. Fee
Larry A. Unger, County Recorder
CITY OF ALBERTVILLE
DEVELOPER'S AGREEMENT
T-SQUARE BUSINESS PARK
THIS AGREEMENT, entered into this 2otl: day of /Jec e/'11ber, 2005 by
and between T -Square Properties, LLC., and Robert C. Heuring and Christine A.
Heuring, collectively 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 described in the
attached Exhibit A, which real property is part of property proposed to be subdivided
and platted for development, and which subdivision, which is the subject of this
Agreement, is intended to bear the name "T-Square Business Park." The property
described on Exhibit A shall hereinafter be referred to in its entirety as "Said Plat" or
"Subject Property"; and
WHEREAS, Robert and Christine Heuring are the owners of additional
property within the T -Square Business Park and have executed a companion but
separate Developer's Agreement covering Lot 2, Block 1 and Outlot A in T -Square
Business Park; and
WHEREAS, T -Square Business Park has received final plat approval for 3
lots; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning Said Plat and the conditions imposed thereon;
and
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\VHEREAS, the City has given final approval of Said Plat contingent upon
compliance with certain City requirements including, but not limited to, matters set
forth herein; and
'VHEREAS, the City requires that certain on- and off-site improvements be
installed by the Developer within Said Plat, which improvements consist of
boulevards, top soil and sod, grading control per lot, bituminous or concrete
driveways, parking lots, drainage swales, berming, street signs, street lights, 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 party's promises and considerations herein set
forth, as follows:
1. Assignment of Prior Development Agreement Obligations.
A. Developer acknowledges that Said Plat is part of a Developer's
Agreement titled "City of Albertville Planned Unit Development
Agreement Prairie Run (Heuring)" between the City and Robert and
Christine Heuring dated August 6, 2004 and recorded as document
number 940359 in the office of the Wright County Recorder's Office
("Prior Development Agreement"). The City hereby consents to and the
Developer accepts the assignment of the rights and obligations of the
Developer under the Prior Development Agreement, but only to the extent
that such agreement pertains to that property which is contained within
Said Plat.
B. It is the intent of the parties that this Developer's Agreement supplement
the Prior Development Agreement as to the specific development issues
related to T -Square Business Park, and that these two documents be read
together to determine the rights and obligations of the parties with respect
to the property contained within the T-Square Business Park. In the event
of a conflict between the terms of the Prior Development Agreement and
this Developer's Agreement, the terms of this Developer's Agreement
shall control with respect to any conflicting issues within T -Square
Business Park, but any such conflicts shall not alter the terms of the Prior
Development Agreement as they apply to other plats, now existing or to
be platted in the future, within the remaining land area subject to the Prior
Development Agreement.
2. Use of Property. Developer agrees that the property on Said Plat shall comply
with the foIl owing terms:
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A. Developer agrees that all building on Lot 1, Block 1 shall be constructed
in the location shown on the attached Exhibit B. For all lots in Said Plat,
the Developer shaII comply with all site plan approvals set by the City
Council except where specifically set out in this agreement.
B. Developer shall construct the number of parking stalls on Lot 1, Block 1
of Said Plat in the locations and dimensions as shown on the attached
Exhibit B.
C. Developer shall maintain the infiltration plantings shown on Exhibit C in
good working order at all times.
D. Developer shall develop Lot 1, Block 1 of Said Plat consistent with the
site plan attached as Exhibit B.
E. All grading, drainage, utility, wetland mitigation, and transportation issues
that arise during development of Said Plat shall be subject to review and
approval by the City Engineer.
F. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit C. The Developer shall
guarantee that all new trees shall survive for two full years from the time
the planting has been completed or will be replaced at the expense of the
Developer. All landscaping as shown on attached Exhibit C shall be
installed prior to the issuance of a certificate of occupancy.
G. Developer shall replace, at its own expense, any plantings as shown on
attached Exhibit C that might be damaged during the construction of any
future buildings on Said Plat. Developer shall guarantee that all plantings
replaced pursuant to this paragraph shall survive for two full years from
the date of planting.
H. At the time of the recording of this Agreement at the Wright County
Recorder's Office, Developer shall record a cross-access easement which
will allow mutual cross-access between Lots land 2, Block 1 in T-Square
Business Park.
1. Signs of any size or material shall be prohibited from placement In
windows of any and all buildings constructed within Said Plat.
J. Any ground, building or pylon signage on Said Plat must comply with the
City's sign ordinance and be approved by the City Council.
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3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of curb and gutter, sidewalks, boulevards, traffic signs,
yard top soil, sod and seed in all yards, grading control per lot,
bituminous or concrete driveways and parking lots, drainage swales,
berming, 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. Said on- and off-site improvements shall be
installed no later than October 31, 2006, with the exception of erosion
control, drainage swales and berming, which shall be installed upon
initial grading of Said Plat.
B. The Developer shall, at its own expense, cause street signs to be of
such type and to be installed at such locations as required by the City
Engineer and in conformance with the Manual on Uniform Traffic
Control Devices.
C. Developer has submitted a utility plan for Said Plat showing all
existing and proposed utility lines and easements, attached hereto and
incorporated herein as Exhibit D. Developer agrees to have all utilities
installed according to this Exhibit D.
D. Developer shall abide by the City Engineer's requirements for silt
fencing of the lots and access to the lots during building construction.
E. Notwithstanding the requirements of subparagraph 3A above, the
Developer shall install to the City's satisfaction improvements for each
lot or parcel 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 may be issued if all on- and off-site improvements except
landscaping and sod have been installed. In such cases, the Developer
shall cause the required landscaping and sod to be installed by the first
June 30th following the issuance of the occupancy permit.
4. Surety Requirements.
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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 $33,819.00
representing 150% of the estimated cost for landscaping/screening
materials. Said letter of credit or surety must meet the approval of the
City attorney as to form and issuing bank.
B. The City may draw on said letter of credit or surety to complete work
not performed by Developer (including but not limited to on- and off-
site improvements, 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 landscaping during the warranty period, or to
otherwise fulfill the obligations of Developer under this agreement.
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 payor 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. Ifthere 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
5. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion oflandscaping improvements, and when it is reasonably
prudent, the Developer may request of the City that the surety be
proportionately reduced for that portion of the landscaping .
improvements which have been fully completed and payment made
therefore. However, the City shall retain the letter of credit or surety
in the amount of 40% of the estimated construction price of the
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landscaping during the first year of the landscape warranty period and
20% of the estimated construction price of the landscaping during the
second year of the landscape warranty period. 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:
1. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
11. 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 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 ofProiect - Costs and Expenses.
In the event Developer should abandon the proposed development of the said
Plat, 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 Said Plat, 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 Said Plat to
the point where undeveloped grounds are level and covered with permanent
vegetation sufficient to prevent continuing soil erosion from Said Plat and to
facilitate mowing of Said Plat. 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.
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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 Said Plat, as well as all reasonable engineering
expenses incurred by the City in designing, approving, installing, 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,
Developer agrees to allow the City to reimburse itself from said surety and/or
assess the amount owed against any or all of Said Plat without objection.
8. Development Related Fees and Credits.
Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the
City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line
Fee Ordinance currently require the Developer to pay $1,400.00 per acre
and $1,200.00 per acre respectively, upon development of said Plat.
There are 1.04 acres in said Plat which received final plat approval.
Therefore, the Sanitary Sewer and Water Trunk Line Fees for all property
receiving final plat approval under this Agreement is $2,704.00
($1,456.00 in sewer fees calculated as $1,400.00 x 1.04 acres and
$1,248.00 in water fees calculated as $1,200.00 x 1.04 acres).
9. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control measures as shown
on the approved Grading, Drainage and Erosion Control Plan shall be strictly
complied with as set forth in the attached Exhibit E. Developer shall also install
all erosion control measures deemed necessary by the City Engineer should the
erosion control plan prove inadequate in any respect.
10. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from Said Plat 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.
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Developer agrees to assume full financial responsibility for any damage which
may occur to public property including but not limited to streets, street sub- base,
base, bituminous surface, curb, utility system including but not limited to
watermain, sanitary sewer or storm sewer when said damage occurs as a result of
the activity which takes place during the development of Said Plat. The
Developer further agrees to pay all costs required to repair the streets, 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 Said
Plat.
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 Said Plat 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 Said Plat will
be repaired within 14 days ifnot deemed to be an emergency by the City.
rfDeveloper 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
Said Plat 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.
Developer shall provide access to Said Plat 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 Contract 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 Contract.
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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 Contract shall rim with the land and shall be recorded against the
title to the property. After the Developer has completed all work and
obligations required of it under this Contract (including the expiration
of the warranty period), at the Developer's request, the City will
execute and deliver to the Developer a release of its obligations under
this Agreement. However, all continuing obligations under this
Agreement shall remain binding upon the properties covered by this
Agreement and their owners. Said continuing obligations include, but
are not limited to, paragraphs 1, 2, 7, 9, 12, 13, 15, 17, 18, 19, 20, 21,
22,23,24 and 25 of this Agreement.
F. The Developer represents to the City that Said Plat 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 Said Plat 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 Said Plat, Developer shall provide the City with
evidence of good and marketable title to all of Said Plat. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of
title updated by an abstract company registered under the laws of the
State of Minnesota.
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H. Developer shall 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.
1. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the
public health, safety and welfare. Developer acknowledges and agrees
that the City is currently in the process of expanding its wastewater
treatment plant capacity. Developer further acknowledges and agrees
that delay in the availability of wastewater treatment plant capacity
may occur for some lots located within Said Plat depending upon
when building permits are applied for and that such delay in capacity
availability may also delay the issuance of building permits for some
lots within Said Plat.
J. Developer shall not place any structure at an elevation such that the
lowest grade opening is less than two feet above the highest known
surface water level or ordinary high water level or less than two feet
above the 100-year flood level of any adjacent water body or wetland.
If sufficient data on high water levels is not available, the elevation of
the line of permanent aquatic vegetation shall be used as the estimated
high water elevation. When fill is required to meet this elevation, the
fill shall be allowed to stabilize and construction shall not begin until
the property has been approved by the Building Inspector or a
professional soils engineer.
K. 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.
14. Draw on Expiring Letter of Credit.
In the event a surety referred to herein is in the form of an irrevocable letter of
credit, which by its terms may become null and void prior to the time at
which all monetary or other obligations of the Developer are paid or
completed, it is agreed that the Developer shall provide the City with a new
letter of credit or other surety, acceptable to the City, at least forty-five (45)
days prior to the expiration of the expiring letter of credit. If a new letter of
credit is not received as required above, the City may, 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
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avoid the loss of surety for the continued obligation. The form of said
irrevocable letter of credit must be approved by the City Attorney prior to its
issuance. Developer shall maintain said letter of credit in the amount required
by the City at all times.
15. Violation of Agreement.
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), 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 properties in Said Plat pursuant
to the terms of this agreement.
Notwithstanding the 30-day notice period provided for 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 irreparable harm or safety hazard, and the intended
actions of the City to remedy said harm.
This paragraph 15 of this Agreement shall not apply to any acts or rights of
the City under paragraph 14, 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.
Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits.
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16. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to Said Plat, and upon completion of all construction
work and certification of completion by the City Engineer, shall
dedicate all street right-of-ways and drainage and utility easements to
the City. Upon acceptance of dedication, Developer shall provide to
the City "As-Builts" of all storm sewers 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.
The Developer is required to pay a cash contribution of $7,800.00 in
satisfaction of the City's park and trail dedication requirements for
Said Plat. This charge is calculated as follows: 1.04 acres x
$7,500.00 per acre = $7,800.00
17. Phased Development.
Approval of this phase of Said Plat shall not be construed as approval of
future phases nor shall approval of this phase bind the City to approve future
Development phases. All future Development phases shall be governed by
the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and
other ordinances in effect at the time such future Development phases are
approved by the City.
18. Indemnitv.
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 approval and development of Said Plat. The
Developer shall indemnify the City and its officers and employees for all
costs, damages or expenses which the City may payor incur in consequence
of such claims, including attorney's fees. Third parties shall have no recourse
against the City under this contract.
19. Assignment of Contract.
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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.
20. 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.
21. 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.
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
and signed by a duly authorized agent of both parties.
24. Allocation of Special Assessments. Developer acknowledges that there are
currently $238,109.30 of special assessments levied against all properties
which comprise T-Square Business Park. Developer consents to and hereby
requests that the City reallocate said special assessments among the properties
in T -Square Business Park as follows:
Lot 1, Block 1
$85,028.84
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Lot 2, Block 1
Outlot A
$153,080.46
$0.00
Developer further waives its right under Minn. Stat. g 429.061 to a public
hearing for the reallocation of said special assessments, and also waives the
right to appeal said reallocation of said special assessments to District Court
pursuant to Minn. Stat. 429.081 (as well as pursuant to any other right of
appeal which may exist), provided said reallocation is consistent with the
amounts and lot allocations set forth in this paragraph.
25. 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 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
T-Square Properties, LLC
111 Thomas Park Drive
Monticello, MN 55362
26. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By V~ e.~-~
Its Mayor
By ~~ - ntJ[(^--
Its CI rk
14
:~s~~
Its President
By (2 v1~
Its vIce President
ROBERT C. HEURING AND
CHRISTINE A. HEURING
~
" "...,,'
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this J I ~
day of De.--tp.-.vJJ.I/\ , 2005, by Donald Peterson 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.
~~1~ TI rJA LOUISE LANNES
'"~j N-oTr\lW rU~L1C-MINNESOTA
.~? My Cormn, Exp. JW1. 31, 2009
Wr(."'-,&\N'I(J'(I{,;,~,,1V;jli.!'YN~""'"
~J.A'\..tl ~L-L( I.}' 0 ~.vY1 /VA
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ')) j.:-
day of 'D-<',{v'/tVvt"u,- , 2005, by Bridget Miller, as Clerk of the City of
15
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
~~0-'r:Vtl\i\AA#;''''''''f'JlMJ''
S~~ TlNA LCJ!SE LANNES
rl~~J) NOTAi1Y f'L~SLlC.WNNESOTA
~.~ 'iy Camin. Exp. Jan. 31, 2009
'~tE'tJ1~^r~m~WE"S"" )
) ss.
COUNTY OF WRIGHT )
~ ~u-Wz ~A~ IUD
Notary Public
The foregoing instrument was acknowledged before me this J q -6 day
of [)/Ct....'V(;.UL ,2005, by Robert C. Heuring.
)
) ss.
COUNTY OF WRIGHT )
j-n.'?1 Jo l-(..~{ Jct-ll rvJ.--
Notary Public
The foregoing instrument was acknowledged before me this
of Dp.<'c-r'" L.;/\ ,2005, by Christine A. Heuring.
"'-
Qq 1- day
~ TINA LOUISE LAN~
. ' 1 NOTAAVPUBU=TA
~~. ._.~~' My C.Dmm. Exp. Jan. 31,2009
~~<WC~I(f.J\.."""~W':.~:.','I:tt~MIlf.~. ~
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
o
~;j~~ /0 U-0~{ (-Jc'V() fIh~
Notary Public
The foregoing instrument was acknowledged before me this Jq P- day
of December, 20~y rtt~lVl , as President of T -Square Properties,
LLC. W a e..v--t .s: HlAic.J\ I ~ SOT'\.
. w. ~Pc; /cAWJfCVJ
rv. " t j'lNA LCUIS~ LANNES Notary Public
l q~ liOTA!1Y PUBLlC.MINNESOTA
~ ~~j}~.~y Comm, Exp, Jan. 3', 2009
'\NN;j'J''!:'J'''~<Mr'l.''I'\''J~~~1'AAhVti
16
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
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The foregoing instrument was acknowledged before me this ;)q 1- day
of Dec~mber, 2005, by f).J {'t' ,,~ ' as Vice-President of T-Square
PropertIes, LLC(@ LeAl Gr L.. L.".c.H-U..T
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DRAFTED BY:
Couri, MacArthur & Ruppe Law
Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
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