2009 TL Dev Agree Amend (waterbill)
AGREEMENT REGARDING
CITY OF ALBERTVILLE
MASTER PLANNED UNIT DEVELOPMENT AGREEMENT
TOWNE LAKES
This Agreement (this "Agreement") is entered into as of July , 2009 by and
between Scherer Bros. Lumber Co., a Minnesota corporation ("Scherer") and the City of
Albertville, State of Minnesota (the "City").
RECITALS
A. The City and Contractor Property Developers Company "("CPDC") entered into
that certain City of Albertville Master Planned Unit Development Agreement Towne Lakes (the
"Development Agreement") dated as of August 6, 2001 and filed September 14, 2001 as
Document Number 756748.
B. Scherer has acquired certain real property that is subject to the Development
Agreement, including Lots 2, 3 and 4, Block 1, Lot 2, Block 2, Lot 1, Block 5, and Lot 3, Block
7, all in Town Lakes according to the plat of record in the Wright County Recorder's Office,
Wright County, Minnesota ("The Property").
C. On April 25, 2008, the City notified CPDC and Scherer of its intent to specially
assess The Property in the amount of Nineteen Thousand Fifty Nine Dollars and 48/100
($19,059.48) in connection with certain water charges that were incurred but not paid during the
time that CPDC owned such property (the "Unpaid Water Bill").
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. Payment of Unpaid Water Bill. Within five (5) business days of this
Agreement, Scherer agrees to pay Nineteen Thousand Fifty Nine and 48/100 ($19,059.48) to the
City. The City agrees that such payment shall constitute full payment of the Unpaid Water Bill,
and that no additional unpaid water charges related to the acts or omissions of CPDC will be
assessed against The Property or any other property owned by Scherer and subject to the
Development Agreement.
2. Development Agreement Interpretation. The City hereby agrees that Scherer
shall have no liability nor responsibility for performance under the Development Agreement that
is different from the liability or responsibility for performance of the owners of similarly situated
lots that are subject to the Development Agreement.
3. Financial Liability. The City hereby agrees that Scherer shall have no financial
liability under Sections 5, 6, 7, 8 or 9 of the Development Agreement, except that Scherer shall
remain liable for enforcement costs described in paragraph 8 of the Development Agreement in
the event Scherer violates the terms of the Developer's Agreement as modified by paragraph 2 of
this Agreement.
4. Counterparts. This Agreement may be simultaneously executed in several
counterparts, all of which shall constitute but one and the same instrument. The parties agree
that this Agreement may be executed and delivered by each party by facsimile transmission,
upon which this Agreement will be effective.
CITY OF ALBERTVILLE
SCHERER BROS. LUMBER CO.
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By: '. ("~;t:: L-e?~>:-4-._~
Its Mayor
By:
Peter L. Scherer
Its President
BY:~.~~
Its Clef
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2009
by Peter L. Scherer, the President of Scherer Bros. Lumber Co., a Minnesota corporation, on
behalf of the corporation.
Notary Public
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STATE OF MINNESOTA )
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COUNTY OF \,10 r \ q \,t: )
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The foregoing instrument was acknowledged before me thisc9"7YJ. day of July, 2009 by Ron
Klecker and Bridget Miller, the Mayor and Clerk, respectively ofthe City of Albertville, a
municipal corporation under the laws of the state of Minnesota, on behalf of said City.
Drafted by:
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Mary S. Ranum
Fredrikson & Byron, P.A.
200 South Sixth Street, Suite 4000
Minneapolis, MN 55402-1425
Tori A. Leonhardt
Notary Public
~ / Minnesota
..""""....'/ My Commission ExpiresJanuay 31,2014
And
Mike Couri
Couri, MacArthur & Ruppe, P .L.L.P.
705 Central Ave. East
St. Michael, MN 55376
763-497-1930
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