2003-05-30 CUP Development Agreement
" ',.
,
.
.
.
fP~~
CITY OF ALBERTVILLE
CONDITIONAL USEfPLANNED UNIT DEVELOPMENT AGREEMENT
ALBERT VILLAS SIXTH ADDITION
THIS AGREEMENT, entered into this .30 day of ~ A -, . 2003 by and
between EDINA DEVELOPMENT CORPORA nON referred~ "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 proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is intended to
bear the name "Albert Villas Sixth Addition" and shall hereinafter be referred to in its
entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer intends to subdivide 54.2 acres into 92 single-family
residential lots for purposes of constructing 92 single-family residential units and one outlot
for dedication to the City for trail purposes; and
WHEREAS, approval of a Conditional Use PennitIPlanned Unit Development is
required to allow for the aforementioned subdivision proposed by Developer; and
WHEREAS, the City has given preliminary approval of Developer's plat of Albert
Villas Sixth Addition contingent upon compliance with certain City requirements including,
but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, drainage, sanitary
1
'It
.
sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal
Improvements") be installed to serve the Subject Property and be financed by Developer;
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 paved streets,
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
parking lot, drainage swales, berming, street signs, street cleanup during project
development, erosion control, and other site-related items; 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 the development of the Said Plat and the conditions imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1.
Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to
allow the development of Said Plat as a Planned Unit Development with flexibility
from the strict requirements of the City's Zoning Ordinance in relation to minimum
lot sizes, lot widths and set-back requirements. Unless otherwise explicitly set forth
in this Agreement, however, Developer must conform to the requirements of the
Albertville Zoning and Subdivision Ordinance, as well as all other applicable land
use regulations. Developer agrees that the following conditions will be met on a
continuing basis:
.
A. 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.
B. Trees, shrubs, berms and screening are to be planted and installed as shown on
the landscape plans attached as Exhibit B and B-1. In addition Developer shall
plant native vegetation in the unpaved areas of Outlot A. The Developer shall
guarantee that all new plantings shall survive for two full years from the time the
planting has been completed or will be replaced at the expense of the Developer
C. Developer shall, at its own expense, construct sidewalks in the locations sho"Ml in
the attached Exhibit C, C-1 and C-2 at the time of road construction.
.
2
it
.
D. Developer shall, at its own expense, construct trails as shown on the attached
Exhibit C at the time of road construction. The Developer will provide all
necessary 20 foot easements, over, under and across all trails including but not
limited to easements over lots 14 and 15 of block 5 of Said Plat and property
located to the north of and outside of Said Plat as shown on Exhibit C, C-I and
C-2. The Developer shall construct the trails in a manner, and provide the
necessary easements in dimensions, acceptable to both the City Engineer and
City Attorney.
E. The Developer shall install uniform mailboxes.
F. The Developer shall file property owners association covenants against all Lots
in Said Plat, said covenants to be submitted to the City Attorney for review and
approval and shall be subject to the requirements of Section 1100 and 2700 of the
City Zoning Ordinance.
.
G. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City
with a copy of the sales literature identifying the required thirty (30) foot wetland
setback building restrictions, the location of all future parks within Said Plat, and
the location of all sidewalks, trails and easements. Developer agrees that the
aforementioned sales literature will be distributed to all potential lot buyers
within Said Plat prior to the sale of any of said lots by Developer.
H. Other Use Restrictions. On all lots within 30 feet of any wetland, storm water
management pond or Wright County Ditch No.9, no Structure, including, but
not limited to, outbuildings or accessory buildings, fence, planting or other
material shall be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities, or which may change the
direction of flow or drainage channels in the easements, or which may obstruct
or retard the flow of water through drainage channels in the easements. The
easement area of each Lot including all improvements in it, shall be maintained
continuously by the Owner of the Lot, except for those improvements for
which a public authority or utility company is responsible. No Owner or other
person shall apply any fertilizers or herbicides within fifty (50) feet of any
drainage easement.
.
1. Developer shall install above ground lot corner markers along the entire
Eastern boundary of Blocks 4 and 5 of Said Plat where such lots borders Outlot
A to keep landowners from encroaching on Outlot A.
3
II
.
2. Construction ofMunicioal Improvements.
A. The Developer shall construct those Municipal Improvements located on
and off Said Plat as detailed in the Plans and Specifications for Albert
Villas Sixth Addition, as prepared by Plowe Engineering Inc. and last dated
February 21, 2003 and on file with the City Clerk, said improvements to
include installation of bituminous street, curb and gutter, water mains,
sanitary and storm sewers, storm water ponding and site grading. All such
improvements shall be constructed according to the standards adopted by
the City, along with all items required by the City Engineer. Unless the
City Engineer specifies a later date, said improvements shall be installed by
October 31, 2003, with the wear course of bituminous pavement to be
installed after May 15, 2004, but before June 30, 2004.
B.
The developer shall extend Kagan A venue as a paved street to Highway 18
as shown in Exhibit D and provide 70 foot roadway easements, over, under
and across the Kagan Avenue extension in form, legal description and
dimensions acceptable to the City Engineer and City Attorney. Said street
extension shall be constructed to City standards and all such construction
shall be performed in accordance with requirements as specified by the City
Engineer.
.
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.
D. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements on Said Plat. Should
Developer fail to provide the City with all applicable lien waivers, the City
reserves the right to draw upon Developer's surety and pay any contractors
who performed work on any Municipal Improvements and whom Developer
has failed 'to fully pay for the performance of said work.
E.
The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times as the City may deem
necessary) during the construction and installation of said Municipal
.
4
.
.
.
It.
Improvements. Developer agrees to pay for all costs incurred by the City
during said inspections.
3. Construction of On- and Off-Site Improvements.
A.
Developer shall construct all on- and off-site improvements including
installation of paved streets, curb and gutter, boulevards, street signs, traffic
signs, yard top soil, sod and seed in all yards, grading control per lot,
bituminous or concrete driveways and parking lots, drainage swales, benning,
and like items as necessary, street cleanup during project development, and
erosion control, all as required by City ordinance. Front, side and portions of
the back yards of residential lots shall be sodded in accordance with the
Residential Development Standards as on file with the City Administrator's
Office. Those portions of the yards not required to be sodded may be seeded
with grass seed or sodded. In all cases permanent turf or grass must be
established over all areas of the lot not covered by a hard or impervious
surface. The Developer shall guarantee that all new plantings shall survive
for two full years from the time the planting has been completed or will be
replaced at the expense of the Developer. Said on- and off-site improvements
shall be installed no later than October 31, 2003, with the exception of erosion
control, drainage swales and berming, which shall be installed upon initial
grading of Said Plat.
B. Developer shall, at its own expense, cause the following items to be installed
within the development, all such items to be installed under ground, within
the street right of way or such other location as may be approved by the City
Engineer, accessible to all lots and in compliance with all applicable state and
local regulations:
1. Electrical power supply, to be provided by Xcel Energy or other such
carner;
11. Natural gas supply, to be provided by Reliant Energy or other such
camer;
111. Telephone service, to be provided by SprintlUnited Telephone
Company or other such carrier;
IV. Cable TV service, to be provided by a local carrier;
5
~
.
In addition, the Developer shall, at its own expense, cause street lights to be
installed at such locations as required by the City Engineer. Street signs shall.
also be installed of such type and at such locations as required by the City
Engineer and in conformance with the Manual on Uniform Traffic Control
Devices.
C. Developer shall install silt fencing in back of all curbing within 30 days after
said curbing is installed, or 7 days after the "small utilities" (gas, phone,
electrical and cable television) have been installed, whichever Occurs sooner.
Developer shall be allowed to substitute hay bales for a 22-foot section of silt
fencing on each lot for the purpose of allowing construction vehicles to pass
from the street to each lot. No construction vehicles shall pass from the street
to the lots except through such designated 22- foot section of hay bales.
Developer shall remove all hay bales and silt fencing from each lot as sod is
installed upon said lot.
D.
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 1st and before March 30th in any given
year, in which case a certificate of occupancy shall be issued only if the
owner of the lot has entered into an escrow agreement with the City and
provided an escrow for 150% of the estimated cost of said improvements
pursuant to City Ordinance.
.
E. Develop~r shall install storm water retention/water quality ponds and basins
upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan
attached as Exhibit E. Said ponds and basins shall be dedicated to the City,
and Developer shall provide the City with perpetual drainage easements over
such ponds. Said retention ponds and basins shall be installed prior to the
installation of utilities.
4.
Intended Use of Subdivision Lots. The City and Developer agree that the
numbered lots in Said Plat are intended only for single-family residential use in the
number and the configuration as are shown on Said Plat. Developer shall construct
only one single family dwelling per numbered lot, unless Said Property is rezoned by
the City in the future into a classification which would allow additional units to be
constructed.
.
6
.
5. Surety Requirements.
.
D.
.
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 1,351,643.45 representing the sum of 100%
of the estimated cost of the Municipal Improvements (1,296,443.45), 50% of
the on and off-site improvements ($55,200.00), and in addition to the amount
indicated above, provide the estimated cost for landscaping/screening
materials or in the alternative, in a manner acceptable to the City, extend the
letter of credit provided to the City pursuant to the City of Albertville
Conditional Use/Planned Unit Development Agreement Albert Villas Fourth
Addition to at least the extent of the estimated costs of landscaping/screening
materials related to Said Plat. 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, Municipal Improvements described above, erosion control,
and other such measures), to pay liens on property to be dedicated to the City,
to reimburse itself for costs incurred in the drafting, execution, administration
or enforcement of this Agreement, to repair or correct deficiencies or other
problems which occur to the Municipal Improvements during the warranty
period, or to otherwise fulfill the obligations of Developer under this
agreement.
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. If there should be an
overage in the amount of utilized security, the City will, upon making said
determination, refund to the Developer any monies which the City has in its
possession which are in excess of the actual costs of the project as paid by the
City.
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
7
.
in the amount required above within 30 days of mailing of written request by
the City. Should the City assess Developer's property for said costs,
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. That portion of said cash, irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all
such items are satisfactorily completed pursuant to this Agreement.
F.
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 satisfied,
it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior
to the expiration of the original letter of credit. If a new letter of credit is not
received as required above, the City may without notice to Developer declare
a default in the terms of this Agreement and thence draw in part or in total, at
the City's discretion, upon the expiring letter of credit to avoid the loss of
surety for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to its
Issuance.
.
6. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements, On- and Off-site Improvements,
and/or Landscaping 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 Municipal 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 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:
.
8
.
.
.
c
1. When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
11. When all or a portion of the Municipal Improvements or the on- and
off-site improvements or the Landscaping Improvements have been
installed, the letter of credit or surety may be reduced by the dollar
amount attributable to that portion of improvements so installed,
except that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the Municipal
Improvements during the first year of the warranty period and 5% of
the estimated construction price of the Municipal Improvements
during the second year of the warranty period, and the City shall retain
the letter of credit or surety in the amount of 25% of the estimated
landscaping costs for two years from the time of the installation of said
landscaping materials.
111.
As to all requests brought under this paragraph B, 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.
7.
Abandonment of Proiect - Costs and Expenses. In the event Developer
should abandon the proposed development of the Subject Property, the City's
costs and expenses related to attorney's fees, professional review, drafting of
this Agreement, preparation of the feasibility report, plans and specifications,
and any other expenses undertaken in reliance upon Developer's various
representations shall be paid by said Developer within thirty (30) days after
receipt of a bill for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases substantial field
work for more than nine (9) months, fails to provide sufficient ground-cover
to prevent continuing soil erosion from the 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 C;ity 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 specially assess such
9
.
costs against the lots within Said Plat and/or take necessary legal action to
recover such costs, including attorneys fees. Developer knowingly and
voluntarily waives all rights to appeal said special assessments under
Minnesota Statutes section 429.081.
8.
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, then
the City may specially assess such costs against the lots within Said Plat.
Developer knowingly and voluntarily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081. Developer has the
right to request time sheets or work records to verify said billing prior to
payment.
9.
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 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. Draina2:e Requirements. Developer shall comply with all requirements set forth
for drainage into any county ditch or other ditch through which water from Subject
Property may drain, and shall make any necessary improvements or go through any
necessary procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
11. Maintain Public Property Dama2:ed or Cluttered Durin2: Construction.
Developer agrees to assume full financial responsibility for any damage which may
occur to public property including but not limited to streets, street sub- base, base,
. bituminous surface, curb, utility system including but not limited to watermain,
sanitary sewer or storm sewer when said damage occurs as a result of the activity
which takes place during the development of Said Plat. The Developer further
agrees to pay all costs required to repair the streets, utility systems and other public
.
10
.
.
.
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 occuning 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 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, 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 attorneys fees incurred by the City as a result of such legal action.
Developer knowingly and voluntarily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081.
12.
Temoorary Easement Riehts. Developer shall provide access to the Subject
Property at all reasonable times to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this Agreement.
13.
Miscellaneous.
A. Developer agrees that all construction items required under this Agreement
are items for which Developer is responsible for completing and all work
shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this 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.
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
11
.
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 run 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, at no
time shall the City release those provisions of this Agreement which, in the
City's sole judgment, contain continuing obligations. Said continuing
obligations include, but are not limited to, paragraphs 1, 4, 8, 10, 13, 14, 15,
16,17,18,19,20,21,25.
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.
Developer agrees to obtain all required federal, state and local permits. 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 the Subject Property, Developer shall provide the City with
evidence of good and marketable title to all of Subject Property. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of title
updated by an abstract company registered under the laws of the State of
Minnesota.
H.
Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the City of Albertville, Wright County Soil
and Water District and/or any applicable provisions of State and Federal law.
.
12
.
I. 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 one foot 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.
14. Violation of Aereement.
.
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 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 of the
Developer complete the Developer's obligations under this Agreement, and
specially assess the costs thereof against the lots within Said Plat and/or 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. Developer knowingly and voluntarily waives all
statutory rights to appeal said special assessment under Minnesota Statutes
section 429.081.
B. Notwithstanding the 30-day notice period provided for in paragraph 14A
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.
.
13
.
C. Paragraph I4A of this section shall not apply to any acts or rights of the City
under the preceding paragraph, 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 therein authorized. The City may elect
to give notice to Developer of the City's intent to draw upon the surety
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
D. Breach of any of the terms ofthis Contract by the Developer shall be grounds
for denial of building permits and/or revocation of the Conditional Use
Permit.
15. Dedications to the City.
A. Municipal Improvement Dedications: The Developer, upon presentation to the
City of evidence of good and marketable title to Subject Property, and upon
completion of all construction work and certification of completion by the City
Engineer, shaIl make the following dedications to the City:
1. Developer shall dedicate easements to the City over, under and
across all trails to the City in a form and with legal descriptions
acceptable to both the City Engineer and City Attorney.
.
2. Developer shall dedicate drainage easements to the City over,
under and across all drainage ponds located in Said Plat.
3. Developer shall dedicate to the City all roads, road and trail
right-of-ways, curbs, gutters, sewers and water mains and
utility easements located within 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.
4. Developer shall deed to the City in fee simple absolute Outlot
A of Said Plat.
B.
Park Dedication Fees: Developer acknowledges and agrees that in order to
satisfy the City's park dedication requirements for the numbered lots in
Said Plat, Developer shall pay the City a cash payment totaling
14
.
.
$184,000.00. Said park dedication fees shall be paid prior to the release of
Said Plat by the City.
16. Phased Development. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases until public
improvements for all prior phases have been satisfactorily completed. Development
of subsequent phases may not proceed until Development Contracts for such phases
are approved by the City. Approval of this phase of the Development 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.
.
17. 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 Said Plat approval and development. 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.
18. Assie:nment of Contract. The obligations of the Developer under this Contract
cannot be assigned without the express written consent of the City Council through
Council resolution.
19. Limited Approval. Approval of this Agreement by the City Council and issuance
of the Conditional Use Permit which is the subject of this Agreement in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
20. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said
Plat, Developer agrees to pay a trunk sewer charge in the amount of $75,880.00,
representing $1,400 per acre of Said Plat multiplied by 54.2 acres contained in
Said Plat. In addition, prior to release of Said Plat, Developer agrees to pay a
trunk water charge in the amount of $65,040.00 representing $1,200 per acre of
Said Plat multiplied by 54.2 acres contained in Said Plat. Developer agrees to pay
said amounts prior to the City's release of Said Plat.
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
15
\
.
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 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. Intel:!ration Clause. Modification bv Written Ae:reement Onlv. 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. 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
Edina Land Corporation
700 Industry A venue
Anoka, MN 55303
Attention: Rick Lewondowski
Telephone: (763) 323-9086
25. Aereernent Effect. This Agreement shall run with the land and be binding upon and
extend to the representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By ':Dc.r--V R ~
~L
B~ tt~.-
f
Ie k
.
16
.
.
.
EDINA DEVELOPMENT CORPORATION
L~
BRick Lew&ndowski
Its President
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
~
The foregoing instrument was acknowledged before me this.2(? day of
2003, by Don Peterson as Mayor of the City of Albertville, a
Minne municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
~~' 1\(\
, \,~~
.1......... ............._a_ _.. ........
N 18 P bI" ' -UHy......-...nAU
o ry U IC Ie..... '. BRIDGET MARIE MllLERI
' . ' NOTARY PUBLIC-MINNESOTA
.... ..' -.' My Comm,ssion E,p",s Jon. 31,l'li08
.~"'''VV'''-~NN-~.~_~..~ .
The foregoing instrument was acknowledged before me this ~ (i Uv day of
2003, by Linda Goeb, as Clerk-Administrator of the City of
lbem e, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
~~Q ~k
Notary Pubh
.1fN'.ft.~ ~ YJl--t.~Yt.-"Vy.."JyV,:eA'VVl.
18,.... , BRIDGET MARIE MlllERI
. 'NOTARY PUBLIC-MINNESOTA
'::_" - My Comm,ss,,, E.p"" Jan 31 l'JO€
. .
The foregoing instrument was acknowledged before me this day of
, 2003, by Rick Lew~dowski, as President of Edina Development
Corporation.
~ Lyt(,~
Notary !t::-
Je-~~l
.~~.r."JA-~_.$J.. AJ-Vt!_~-.-~.
17
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
.
.
.
18
I.
I
I
!
.
.
'I
EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing ofthe Albert Villas Sixth Addition Plat):
Lots 1-13, Block 1
Lots 1-8, Block 2
Lots 1-7, Block 3
Lot 1 Block 4
Lots 1-17 Block 5
Lots 1-21 Block6
Lots 1-25 Block 7
Outlot A
All said property in Albert Villas Sixth Addition plat, City of Albertville, County of
Wright, Minnesota.
19
'I
C
:J5
D
5
"
7 :JUTLCH!
"'
t
~
' ..l. ..._.,....,'t"! ~ ........,.... "0l;IIl""'...."..... notr ._
oJr ~'5" -. \"'1"'90 -... '.:a.'~""'R ___ '" .......u:o '1
4JtC.ll'"",,,,'.'.w ..'N,IO(~I(fl. JMlI'\..-l1 ~-i
I >u fN(1; ......n .. ,tll_f l.luo'-lll 1I1OO'1I.! Hl[.toOUl 101II01_
oco .....~ "f~h.c...." '-'",<<11 ._.
1 .. \~...r AlICMffn ....."..(1 ,oe _, IQ ....n:t,,;
-""_n _('>0 """I an.., ~...t!V/oC101"I .o(llU;. ~,_,
OO.."(lII..,'.........,,Oo. }.,
~'~i~:..~,-.::~lk~~~~o ~ , !
l..ul"\..N'tlllNlnOOl""'(CDI"~IOIItf .....:1IIiC...... "9Th Oi.JR" J b "I)
~"::~:~ao-:...,,::I()I'n~rJ\~;l:(.~n~~~"~F r'., ',)'
-CLl.o.l.J11IVQJNJ.I(lI"'tJI"""""r...,",tN..u \_1 --+:..~-:-r- ~ :...-- ''/ II
I lllS'ftlOCl """ ".0 -..., 10~......u. - ..-.o"n.:o TO \ '03-" IY)' . ,I
'lot_....,-......CO'IlIlUC_U..,"CllOllAQ:CJ J ~___ I v'.
"'..'!till.....!;; tTC .110.. 1f1 CIl.....cl[ 1'\...110: SIoI'C'r rl~ --- I 71 - 1,1 cr
_O"'O'll~. ~lUI't YlIlt It_a ."0'11' ~ llC. _ t .- __ _ __ _ q,
;'::~'".,,-, ..~,,,., ......".. "'" --!. :J, _ ,~\,'V it
lo.:..tQoorS ~ ~[ ~-"'II COl'll...."QIIII 5lv.U ftf I 4- \......,., () ! I
:=---~~~~;~~~O~~..,,4T I ~~ 8 '
~.IIOOIS Of '''1' lollL IIo[ "'C'Mlfrl ~1I....t ~ ltC. '. ~'t -=-~ q<Ji.
:r'?;;~~::{:2:T=:~'..:~~:o...s n\;::_ t'~' iJl!; .-- -~ ---
--..11<0(0(1......'1 ( 01 \\
.. ~ 1'\.-'DIIC.oIILUIIU'C'l" tlIWl\tTnr -'0<1[0 AS 9'l:CYc,' 'd \ ,,/
,D......O".....,flIlIIJ)~IO....c..Q.[_""011'll:J,rz , '_
IIOIooG,.tS IlC:IlS 0. m"R~, _rtltooc..... ...u -.u .. j _,
~=.:'7~-:~.:.";.EL;r=~Hn:'E:"":' , >, " . h
"".\4l..AlIol. U'5[ 4" rO! xu '"MA .Ol. ...0 l- n:~ ; 'I a \ \ . I
'Ul[,",,~ ~ Inn. .....cn O"Hftftl ~ I ~,'!" _,
11. K ~ 1-.rS ....tnIVG ~" N ~1 'IDC..!ll.L: , . ....
II.SUH...wQ(SC....,'.I..V1:t'#"CA'JOorli r....rJl1WOQ("Cl
O'<oOI"':~1ltitR.,.'.oIC)IIlIC"""-"'ll"Ils.
12 'lie CDonJIIAoC'M _u. Ie fII-.a._, fOOl ""-.l. .....01U
.....0 ~1T..c 'KIll au....1l1(' 1D CD.Pt.llt 'Jlo( .... 'IHoroo! i:loI
Hn......... 'oI(IW1....... 11wfTrw:,,,... (JoI Ii'll ~,
"'<Du.L.
_~'LANTjNG NOTES
:5 ~, r-=r-
/' 'I
'. .,~: ,I ~o ..11
'v
~m
I:llIilI!' ..
,m ....,
---..
~
::" - "
V--"
I'
2 - ./'
'" OU':"'\o'r
-'.; .01'""\,
..,
/' 4-
L//'
,\~:JIC:-
"'-----.i
"-.....
)
[.-19m.~','n9
. Plonninr;
s....'....yrnQ
.;.' I
1-' . . ...;,_:; ,..~
I ....-..'......'.........,.\
,: ".UL'FR
/@" '11"
,I)- , ~-'",C~. ,........
, AaocialB1t, I~.
, ~
;~,
,
IJCUa}.!I_ ~__,'.~ ",,--..H+f]
,,-.,. dl:l/4l6_6/JIO . ... 6/J/4JW_UJ.1
(~"'-:~h.CD'I't
CIIII1I
Edina Development Corp.
Proled
Iv
*-
~
Albert Villas,
Albertville, MN
Sherl TIll.
Landscape Plan
~~~tT~~I':I<rd~~ ~':-" .
;.::, Qlh:t., ~1=S:G1; of II~'
1(c,".~ -:rj- ~ ft r::T)
DOlt 101OB101
Ri!'Cjis1rOlio1~~ ""17
...""" <<DC 0l<<U<J <JlC
"'_ OD'S ~.... <JlC
.." 10;'Oe;tl1
./
Rel/loIam
... """ !tY~kl
=1
I
= I I
I
I
I
I I
I I
I I
= I I
I
~; I
I I
; I -
j
I
i
I .
So.. RlNlllcrl
CiJD
MFfIA FILE Ne.; 1:1150
II
MA'f-17-2002 ~R[ 12:58 PM E G RUG & SO~S lNC
FAX NU 7637866007
.
.....
...
.
.
2 ~
:1d) :z ~
D-<:t()~
1Jt::1 t: ~
Il - ~
-<f <1 ): 8 Gl",
Q~fi <1 ~~
...l 0 1iI::r ~
!:]20 t-~. i
O<t-' x .
.J<fd)~
~I
()!
-1i . :' -'~;
:<l' ~f~-'- ~?:::- "1
()' r== -- -
f ( . :1.
JL ~n J___
~~, <
~(y~)~ g~
~~"L ~~
~~.,,::
'"
p, 02
o J
~
.~i
l{i :.li:
2: !fi
.. ~ ~#j
~,!~~
\'f~!~C.
.....iiuP
11:1
-
i
~
I
I
.
11 r
MAY-]7-2002 ~RI 01 :UU PM E G RUD & SO~S lNC
7537866007
FAX NO.
rn@
~
.
i !
J!H,
~ Ii
f
il
-7~~-:::~~~:~::::~~~
, ' .--------- "- """.
F '~;-.......
:! ". \ \_-~ . ::-::.:~~:~_-:=~-=-~::>,
._---::~:::---- .....
.---::
~
- /~.. ~
.. .---...' .\
'llf-~ ."-
I,:~:-~~
--
_U,__
~
J::
--
8
~
<0
CI)
"((
-.J
;:d~
:s~
I-
o:d
tH~
-12
~<t
I~
LU~
;J~
~C1j
ED
co
-J
<;(
~
~
'0
" . .!:
.~~-~"_I' y --"
.c:....... )1'"
j' [f-,~ 'I , cr -
)/~H;. t .. '~~-~":~~_7~'::".~~,:!.
\ r.'--" -, ------.. __- 00#"',
~ : ~ ~ .:.:.:..:-~ ..:.---'-- ~
Ir;:!;~ 1 ~ =
'l~ '~'Ir-'~'''--
~ I '~,
i, \ 1';: I..
II tJ,~,':t,\ --~.-..'... '.....'.:.' . --"c,.:~.j~7;Jff::-':;~.~-:~'_::'---\':... "',-: "'. -j'kl
. r.- ' . -= ~.~ ."':~ ',:~. .
'!I': .,: ---'-'-f~:'" ,..:,:,'~'~~:,:,~'~~":~~;;1'"".~~.-. ..
IJI" ". ~ ':,\'" /'- ,;..-=~.- - I .
~'i' '/ Ii; Jf.~:;.:\-1 "I"
~t---=-_. I .; .--t': ,-t,,?:'/ .. -; ~. & 1 ..' . .
~ I) I , :.' "....:JI..'.., a ~ ...... _ _ t
~!, "11" <::":.-" ~ . - I" I. ,
~:: l';~-' ~~~-:-~...... f:j
I ~ \ .' .; .....; ----.-....::.... .:-~. -~.... - !..--_---:-"
I ? .. \... "._ ~_ . __ .__ .
~0" ,",'.' _ /- ,. ;;.., ~ . . -'.. ..!.. :.....:. '__.~
""~ ,., . /':';', - .. - .
", ~ . .... ~. ... . /'.,., . . -......- ... ;
.,," "';-,. --,' ... l .'......~.. . . "'I,.."...:.,~~..'.':;..i: ~.' ;:.j;.t:'o!"I~' !
.,~ /-, - "::~\~<' -";:7~~;;;~t1'.f~.i~j(~,
~~~' . /~~,/ "",":J':::,J'::t.;~~-; r"':<"~1'
..-.... , , " :II , / ,.-J..",.r .:....,..>..,. ./ ...""....
-.-.--- - / >-:~;::;< ,/" -A:f'~~ L:~"l"~r
/ ~ :-\. >'. ,Y- ...:.'.,":'.:;' 1---' j . 1 ~f!.iI I J
,. , '" .. , i r I ~ I no ~ ~
... ,/ "'; '\,,..... : : ~ ! \(~~~ ~ /
.... ~./ '" ./ ". - " t :I I ~ J . J ~ ,'''', I t
' , .'\... I j r ' ~ ..~, III !
'. '" .\ .,t. _, . _ _" ~1\1\.
~' - ,..., -----..~-----...___/ \...,1 lr:~ ~
" ~ )' "'~"~~.._- : ~ 1.~~~;
\, '- . ~=--~-:"':.":":- ~ / ,/ ~-"~j'~IS,
'1". ,'" #- ,-/' l'.:..:__ . ,- \ t:! /, J l:l I..
- y-", "-- -- . " ., ~ I '" .i. :1{:-
K".;..t....~./ \ ;. \ -\ ~/.. 1 ~er.J.I.t:I ~
". _/.,..t....~ "\ t. - '\; "'..:P-<ox _~~"3'E1~~ -i!:1 :
,/ /,'\ . .1. .:.__r',,\ "~~'f~-".'''''d$.'$'';...<ili;!
,/...). \\ -~~ ,\ ".,.. :]?..i"....Jlt.!" '.t .' -itl-~~-1f' l
./:,;/ \. ..~ ~ ~ ,\' \ -'/ . ~"'-.i/'~l&' ,. '-=.'~
/ - ~ " ,\ / ~h'~' , 'J
/." t ,-( .-,...-... J ,T-lt.-.~ '"'....,
/">,,r ~ #:;.1) "~l""""-f- \ ~ \ ,/';:$., ,~~ J'!o.......!'I.,~,.,.
" . .tI!.#.. ... ". '. . "\ .~'; / ~''" -.. ~
/...-! .. ,'; ,;\ ~ :2 $i<J " "',
~ :: 'l:- /"... "'" .'~ / ,
1 t ::' :: ,r'- ", ',;' ~ / ";:" ;,,:,,'
~ ~ g!t~r" .//~ '>~(;; : /~~'~.~'~;:{ :
i ~ lJ. -~~-~.:~_ // - \\,' ~ _:l{~:-~':" j
i\ A,- :; : r~'-'-r"}-_--\,'" --;:'~'~.f: !
,tJ#/.I-... ,~ . 'J I I 1 >/ _ , "'.. .
if::' ~r-'.l 2 \ ..~ ~ ! - ! t! ----j._' -,~
I . , :: -" ",,_ , l J I "'. ... ':.. ,
Ui . I .. , -..",__u________ I _ ....'
-/ ~ / ~'-- .-----------1:! .---' '.~. :.!... .'
."/ ,...-:~ / 1: ~-~
"-
~
~
l,-
"
~
i.
iI.
t:
dl,j ....
..: ~ :
")
",
~.
~
~
...
i~
~ll
,:) ~tSQ~': ."\}-)L!M;O'-~ ~ ~~'~::7ni
P. 04
.
.
.
..
.
II
fEl3-25-20a 3 TLE 10: 53 AM E '; RUG ~ SONS I NC
p, C2
FAX NO. 7337866007
~E"C~ ANO OEeC,:li2/~""ON
I'V IN ..... THE CITY OF ALBERTV1LLE:
"" ~;;,
" ... '---
" -'" '>.... >-- ~.
,,""'- .,~..... '-... l..,~~ ,
...... '- .... ...... .:.j..:... '."
,,-<' ", ~ < "":::'::, J
~~ . ....l~,... t,.'." -~s.:>") .
..b ~ / .......(of.' .:;> ':-..:...;, I
~)i ~.:+ ':. '"'(." ........ ~<!'~L.E>
.... '..f /.._....~' _J ... :; "......
4; /~ " .;>~ ...,......
~;i / 41'...., , :........ '..:....,~... "
t.JcY,$ / c. ~~"'~~'U.o?I. ~......~................ ......~
~ '.p' ~ ~~ ~ ~1-...~ Iii ...... ...
JF.o~ , 'z~~~ ~ ~~:~ . ~ ..............,'--.j
~ .... ~ . ~ ~ 4/,,, - ~
· "a " J ,....... --y
of ~O' t ~ U1~Ih,.....b....AII , ~ .....,: !O''.J I
(J'.... ,.' ~ tM of ~ IIWNdY ItwIJ ~ "/
.' ~ _~~::.~s /1
.-r ':-. .:~~ - r ,l" -_ ... 01 ,....... 11 ~
I - I , ~ ~ 0CfW aI the SWJ/of ~ - /
I 1..-, ..#"" i'l ... "" u- 5e1/4' .8 -;
,.,... ''''11 ,..... I' a /
:.. '''' ....".4'..... 2::'
l 1 J ." ,.l,.~. ..Af............. ~/
. ~ttt:T \;U II ..,. -. .~l. ,..~. .. It I" .", ..
. ':'="'1'" . .-r.-..... ..01'........ ......., "... /
~_.__.L~~o~~~~ _ .__-_
SE ew- of SWf/.. 0# !EV"'--
PROPOSED rQAL EASBvENT DESa<PTlON
A perp<<wJ ~t for Irol purposes tlW!r, Imdi!r, t1I'Jd acnm that pat ttI 1M SoIItItw=tt
~ l1f tile Sou~t Ouort. of SediorI ~ Toaon.ItJ~ 120. Range 2-4, Iti9ht Ccunt,K
wmaotc, '*>>ci I>c.d CJ!I fDDon:
Nor;cTp.f
+ . SCALE: rct5o'
Carnmc!ncbg at tIk! 3OUt1utor;t <XlI"Mr of soid South~ Clucrtr of the SoY~ ~
~ NorlII DC '*"'" 06 mlhufea J1 ~ Eo<< (a!IBImt:d ~ dong the <<t:tt sn~
Df.md Souftt~ Ouarler of the ~t Quc:rter a ~ of :I79.85 lleet fA) tl!~
cente1ine o( C.5.A.H. NG.. 18 (A.K.,A. Ja!icn Alef'lUIt):. tlNrtce Horth 62 ~ 3D
~ 59 ~ ht aIctIg 1ItJid cen~ a dItttt1ncI of JnI78 -I; fMnt;e SoI.Ith .J2
~ 20 min<a m .lIeOOItd lIIe!tt II ~ of 24G.2B Mf; ~ SoutIl <<2 dIIsreee 30
l'I'JR.Ita ~ ~ EOlIt " ~ of 1~.sg fruJt; ~ NortlI J2 det,Te<<I 2a tnnubt:t
at ~ COtIt G c&tanc:. of 2.fl1.~ ,.., tQ ~ CWlUth ~ thtJ point of ~iJg 01
tM pon::tJI to be ~ tIIMClt Sautf) J2 degr_ 20 mhuter Of MCCWId IIbt GIang at
~ h G cftt~ of 2-f~2B feet; ~ NtTth ~ depree:r ~ mTUilJ!!l sg atICCtHf
WllIet " distanee of ..l..5O fnt; tNnce 5<Mh J2 degrca 20 mhrl. 01 set::cJI'K! lfest a
dbrt",_ of 92..9-f. It.H to u.. mrth liu: of 1M Scluth 5.00 Ga1!S tJ! ->>d Soulllllat ~
Df th4I ~t Cuartcr; tIHrtc# Ncrth 89 ~ 10 rniJute 4Q -=aIdt Uat dcJng $Oid
n orlh ~ a ~ of 2J.B9 Ael!t to its in tenilecibr wIUl ttIe ~ttl....-tM1.1 lI)ft.uicn of
the wa-terly ~ of HE1JRIHC ADDI1ION: thence NortJl :J:2 ~ 20 milwtes 01
NCOIld cost cXng :JCJid south.esterly ~ end ~T line a di:rtana: of JJa.&5
,"t to UN c.nterfi1e of said c..s.A.l{ No. 18; thence H<<1h 42 ~ 3() m.iwtet !is
~d:a ItWt aicttg &aid CI!I'lterlioN: Q diatlJnC//J of fa.57 '-i fa tn. ;xW1t of begiotn~
napr that port tali:en tOf' f'OOdwoy ~ 0V!:r c.5.AH. No. 14
~ ~ in proposed troI ~ent - ~.ST-4.:1: ~.fl
I hllTeby certIfy thQ: this plQn. sU"'~.Y or report W05 prepared by me
Or' under my direc: sup~r..;sjcn olid that f om a duly Licen~d Land
$u,,",)O'" und... the 10.... of lh. Stol. a. "i::'n~~. , 1He.
BY.~~ ~1-'~
Dated this.fi&.do)' of ;:; 2003 'uinnesoto Lic..",se No. 2":3y/
E. ~. Rue l &ONe, l~
~ ~OfC&
~~ ~TCN AYIl NO.
c,~ fl=tfNl6. MI~.
~1"->>Z5 'T'L. -..J.~-~
, (
J
SKE'tCI-/ ANO OESCF;cIf='iION
t"V IN .......
THE cr TY OF ALBERT\I1LLE
S89-fO '.1/9".,
113.8-'
~
S
::>
'" f
:.!.
~ . \J\l'f<.~--
~. ~l.
~~ ~~~
\---7
\ \..
,~ ",
~ '
''-I. \
\ '
-...,
I
r
I
J
I
I
I
I
I
I
I
)
I
/
I
(
\
I
I
~..~. I
:~: tq I
n~J
o.ki ~ I
:E ~I
~ ~-
\~
f
I
J
f
f
/
/
I
I
I
I
I
f
l _ ,.
'"\, .-~ {9
/ \ ., --- ' -~:g., p.
/ \..- <:.<6' .",
- - - - \ V ...I
I"..." C '/ ~_
.!+ ~~ : ~ -; ~ \ I .... \t~. ~ t' A__
- - ... .,-- ~~ ~- -.J t;) ~ :..~
"'"" ,~,.......... "'- rc ~~" ^'",-.l\~ I
I I II "( '''''' ~"l" ...:~.. ~ ,,,,,.-If
~, '.. ,... I 1 I "') ?". ~ ~..... 5J) V CO ~ J
- - I - -~ ~" ~~ f1~~ .A-
I CV... ,,~~ tt;;~ / '"
:0 I ;l ,,, '~.J~ ""
I' ~ u I ~'? "-
~ I .~- ""
.
i,
f
~O~j~
SCAlE: '.==50'
PI<~)POSED TRAil EASEMENT DESCRPTION FOR I..OT 14
A Pltrp</Jtua! eCJSldtMent for tron purpone 0'""', tinder. Ql'Jd O<:f'l:)a tilt} ~~t 15.00 feet Qrld the
Ncrth 2'0.00 feet of Lot H, Block 5. ~RT VYUAS ~ ADDmON, IIttight County. Jrflnrl6S0tO.
PROPOSBJ WAlL EASEMENT DESCJ<PTION FOR LOT 15
A Pet'fMtual ~Mt for fraIl purposn 01lW, IJflder, ond Qcroti$ the ~ast 15.00 feet of Lot
15, B/or..It 5. ALBER. IITLLAS S/XTkAODITION. 'I'ltigIrt County, MInn"-'Ota. _
Job II 00- 040
i 'i€reby c~r"'ify thd thi3 pien. ~urvey or report WOS! prepared by me E. G~ Rue .( ~6, INC
cr Lnder my direct SlJperv Is/on end that I am O~IY Licensed Land l..~ 6U ~~$
3""e,,,, "~der th, 10., of 'he Stote of ""0"'0 j ~ ;\leCl> 1.&xTNc:;~ON AYIL NO.
E. ~ ~ ~ Cl~ PrNI!e MINN260'r"Q.
i'u 4 -; 8y. /~ ,:.0 Sp"'4~.362Q ,..{ '~3-,e.e,.~f>i)tl
Jcted t'r,i$~d<IY of r. 200.3 MinneSota LiCense No. ';;5-''11
20 'd
L0099SLt9L 'ON x17.J
1)t..1T C\fnC XJ nnu f"l .,. flU 'JT ,.......,... {r.......rr """_-'__,,",,-_~_~--'_J~--"---_
.
l\
2 ,I
o ''1
" I
~ :~ r- -':"-'~,- - \ - -
lL J- ~ i ." I
fr: i1i ~~ I
Ur I
(f)ll
m9
Q~
w
00
24
<(~
w
I
Of}'
I-()
mil.
~
II
.
:.;
"
:(
x
.
.
j .'6 ;/..xw
Y'EiJ,?z
r-
.;;:::;:;--........,
1:. !....~.( //\\..
Q' 'I L '
()'\~i
Z ,.~"'../'
~/'
i ;~~~~~-::~.- -:
I . ,,,
, ,i 1':
I ',I
It! J
<li ,,_.
...j I Ii $' Oil I ,
'" I ,'P 5,
----l ~ - ,. ..~'.. -.. 'd It:J ~
[l;l, .,~ -,:: ~--"- ~ I ~I
I ;. ,.
I :i ~' I"
I /, -I k
'-f..... ' ,.'.
I~. .,
L_______J
!
II
..
~.
,
..!
{I
,
~ !
'i
_...". ;o.oos
- /9 W".9J -
, 1.1
:,'<, (j
--..:.."..'"
~ ,J
J ,j~
I~H
j ~H
.h~!
~
- IG'OZCI -
'>( ~ QI, , I ~ ,. ,,'S,. _ _l...,
-l
'--
-~-~]
.~
..
~
~
\
~
I'
:i}E
...,i
~.
i!
,
~
1
'- - - - - H ~~ I
~ : ~
, t' ~l
l1 r' ~
i H
" .t,
.';. .~
i {, l~ .,
~ i "
, H .:0; e
~ ~ ~~ ]~
- . , ~
~
]
~ l
.
j
"'-'1
~
~
L - - - -;;.z;- - - _.....:.,.~.
~= /'1.: ..............~ I
/ I l,~.......l
/ I 'b~V ....'~401'
- - - - -., - - -.,.- - -;--J--:-- - g(f _ ,.__~_""J
1~"'J""iMJl'''jIII)--; ~.. ~ I I ''r';.Jlfi!J'.
, '''<" 'W-...~ I I / ~v i' i.
I . <'.P,s......;.' I / ~ i
~~ Ii
,
ij
I.
I
~I
~~ I
-~H-
~:e ,\
'" 1 I
1
---.J
'oJ !
"'0')1'
'O~
'''~I
-y-
i
i
1. Hif~1"'f"p811nl'~'A';Hi' ~ "
1~ 'H~!'mHJ'i;~~j'~.l'Ii~~ t ~
,- ~l')!Hu)ilnJail.Z}}~lJn!~' ;\
~Aj ~ ~'.l;;:"'i'~js:il~il!.i~!t~ ~
11 ....d-t- G.tU,e.'~_I'" "ll3J -a...t..... o_~ 1
~i~f j]IWmHiNH~~}E~:~~lj:!~ !
1 iP~g'''8:;!J:'hl~: IU!i~~'is J ,
;: ,.?i?1I111dlA~.jl'~I;iJI~ ~ i ".
t J-,.; 1ft f.i'~ ~dl;i ~ u ""
;:1d~ lit2Un8~~FJ)ldl.JH!t~li ~ ;,'
~h ' d,~.lfr~'l i!,laJ~dU'.l!~ . ;"
It ~ U ~... c-- ; 'l . ... l..." J
ld( I.h'lf Lhlj:'rJlf1zl.l]hs, _ :,'
A]~ jtJ!!'W~'hl'jl:h~J.JJtl!j. ! .;,
~iJi j~~1Hill;iHi!lt~~tl~~~~~ijl'll . :::
!4l11. HI" .". ,~. .."' --. 1 ,..
iUI'i:. q,?UH~~;l<'ij~jl~~\jlj'~:i; : "
'j! jl-~1\\1j.1.E~'!Jli'jl!lfl!!'U' ~
I.! j~~' ii~;~ ~tl.:IHJ'! ij:~I~!1!
ili ~d r,? '''~;; f.~~a i.J..hle I"hd
.Ju !
I
. _ l-
,,' I
i
- 1
! .
j
, .
~ i ~.~_l ~1;!!),'H;8!...
t; ~ !ci l~t"'..n""
1 'f! 3 "llt'l~. ~
, i,. !lj'!.;5t:~i"
~Fli It=Jm4 ~ilf ;'. ~
~ ,hJ I i~!' .!i~ ~
(j'~J, "\' ~"~~:,
~:!l1;1J :~(lf't~}ji :
:~:Ai~ ~i;j~,l!l~ ~
'~L'; !:.Il'!~~"'i! ~
. llfPll~tLI;il~:
. (.IJ ,~..I,ai-i"
1l",11;;J~~~j~t;11
:~>'~ll tni;~iH~,
;' '~H.r: ~\~~~J 1~~1
, lAh i !!.q..l~1
<:1',:: I i,'qf~fi'JI
irli'j!. ;J!'" ']~l!i
i.lc, 1 :-'!1'!"i!
l:~J -:;t it;!~;::o
j:~;: i....". ~.p
it" i dI"I!t~1. 0'
,,), :"lb 1...1
dl ~ :.
!
/'
/'
/
/
, /....
':-"
"''''
'" ~
~ .~
,.,~
",'
C\j~
~
;.-
~
Cl
/'
\ I;;
I
I~
I~
!.
I
I
~
~~I
pi
! I"
, '"
~ \~ ./
-l'~_-
, i
~
i
.j
"
"I
: '~~"'l-~
~J ....~
~ I" 71'-4.
r /\
,
I -
L ;:.
Ui ~
j.~1 ~ /
.. ~ , ~)
'~~~
, " 1\ \
-.,p,y I \
:~--~ \
"''.:
,~ ~
~ ;=
~ g. '
".___ a-
'-0.0') ""4
--"lQ""" --..
.....
"
'~'\
I
..
--..:.
-:-:--
"-. .........,,/.'.'
~
c--
"
//' ,
--:~--C---r' '-'x. /.
'x. ',./ /'...
-/~,:~~ '~-(;- ~ /'~ - - :;.~
-/ / ''.,~/. ~~
- ~~
?o
.'"'
/
i- _.:....:....:1 _ L _ --=- _ i- ~
, :, .'
/~ /\
"
',.,."
~.
.....,
."
'" L
:-4l......"..
"............,.-...-.
-"',~"
.... - - 8/ '.~9ilZ
J ..;,'0, .:;o.oos
1.----
/'
~ -d9JA!Jil
It_aO, ao.oos
: l\ i
ii~1
~. I
~~~l>i
, I
~."
'.
~~~
I~i
. \~ v<'~'\../'\.~\ "~Z\"2~)~/'" '\ r 1DHI ~ lInQ't'II ,_,/::;~--4..,
X . ,,'\ i/ , tf = hr!- '_J~
' \\\, ' ... I l;iifJ/-. \
/ ~ ~\ ~~'''~'I ;r=J~(~;' ~{\ I
'~'\\,~ -c I~ /~ ~ ~\: I
4<.)-b. ,~)l ~\\'~:,_~-: .~:~~ 11' II i
~.: y~~ ~":'\\6 \Y[~ 111; ~) J. \
~ ~~y~~ \ ,,, ,,' Q ~Af~~]f#J1J': \
'~ ~~,\,' , /'<.,'11'.."7 ~>>InN..' :
" .~ -,~ , - ~\\~" " (-"/It::i ~ , :::;'::1;{"j ~I '..'.'.' . i:,i. ';.~.. "'!. ' I
e ,\ l' ',"' '~' '..... -,..... ~. , "Iil ~ ..:I",W i!~, ;
\ \' .I:" ...~ ~"'_ I' : i 1:!~. ~,!j;;~ I 11/ f;;I. 1.
t-. . \ ~ M 'll,' '( I I YO I --~-...~ L i~~ :~. ; '! ;:. : :dl I
' , ., Q . i/l'1 \ :! \. I 'j;;' j' ;:, '; . :!"~ I
,
_ _1_ ~ .' ~ 1_ ~ ,<~~~ ~. ,;,1; "HI;;
J'1> '. )!;1(~ /// l,*~,~A:j\~--/' '-'-I' ;~~'.'.', '1:,1"
( I //)/,,:, ,~ v' ~-~~. )
, I / ,/l- '~..L ""'" " ;\ '/-' ~,II.
\: ' ,/ ,f / '7 -.F ~".\'\e"'1
! · .,/ ! /,'v -----" / ~~':\\. \~ ~
:/ 1\" .{;ti~. ::... "'-~\..l. ,+:-, "" '
.... i"'/ / (t'lj;-t '--'--", 'p '-0.
~ i ;: '--(x../ ' ,,_ L. -",' ' .~: . ,I ". ...
J ' ': . I 'If>?' ',':l..:A:.~ .: rh'
( 'I. .......h. /j/<1.IJ ,- ~..7{ r~ ""',' . :., '.' .. ,!,.r.. 'I. I
~ ~ I ! V~~~"/ 17 l\.t :.:--i :.-- -. . " J~~ \
~ !"/I"j/'~/!p0 ,\r..,/Jr=, /':~ :~ .~' ,: I-i'\ ,
I / ~- , .' \'\~, / LHJ. . ~ t ____
~ - j J"~>< ",/~'<~~ ~. '.. "\' ~. . I \ ,A,~
i '.'<l~": . .,. '---"'-. ~" ........ " "1' ?;;-- ", --,~
'\ .1'/:/,.: /> , \ 'O!!:,:---" ' 'r'.~ I' It.. ....,..
A- ~ , , . . ,', . . u'" '":I! l \ ,,.
.../;'~j77J.. ~~ ~~.:~.:.J;:J~. l;" "y,? ~Q" 00"
-.J , · ~/ ~,--' ---,..____. -/;.y.,,~ E~ ?,
t=i6<~'~~it~'~n !i:il :i,~j'I!:!'li~! Iii'
.::, :,~:~- ",".-<-' '-~ --. II-n'::r ' ~ ~ Y,- \n' - -- ~ i i:P .,
L._~~ ~t/._H:=- ~,-I r; 'fI" ": i I'\~' ~ ~ dd i ; i Iii d
: " \.',!"" ....... ' I, ,'7 "r>' '\....... ----' +1'1 I I 1'00,- '
: -- ~ .~~~ ~.'~t::::.:-:\:-:-:-:~- ---I-v/'- "." ;;t V <~ \ - _ ' . j' ".' ;!
:.<.J tl\ ~ 1--' "'-,-~ /~ ....---r.. \ '" : f.--; ,-\ \ \
-os;:: - -.- -z:
-n.
~ .. il$lfa~
i! , \ t I. .!~H
I; '\ i ~ ~ ~~
il '; I~ld.
! !i,~ :;,1' li~
111 j.Li/ '/
~ ;' ,," :
~ ;1 ,,!,;:;I! :
II d~q'!7!.: I UI
:- 0: !il
-
r-- III'
· I ~ ;1, il
,Ii I'l H 'i
~;I 'I " 1
!Ii I"l L I I
f ,,):.
'd l!'1 III
L.. f!1 I
'---
.
.
;', .:Y"~;;;;\'{;;''!''S:~:'F~;:I~i.)t)'~:,~'
,
. "
.
.
. ~ :.~h.~- -. I I i Ijl
1M ~",; ,~~::::~~:::,~~~~ lli!111 : II: I!/rfi", i.~1 , !lftii
I I ~_--: 7 -- ~ ~ ~ I !!! II ! 11 ~! I fif ,I I I · 2!
\ "~', .':0.0.. - '" :..-- - ~'=-~ !lliiii 11111 ;: I ,,'lj a~llj
'-~ '". ~"'-"" /C ~ ~:~11"1 OCOt :! ftll!ll II . lill
:~ ~ 't. ~\. J/' -,\:--- ~~~ I L-JLI'~
~:/.~ 11" \:' ~t ,..,";/' , ~ '~'.,......~::---
- . \' N'\'" _,,:,,/,,: ... .......-.- ~,~~, ....-'__. I -'" II
~ ~ ~ (~ I-~ ~'~' I "'~R~:::-:'-.~, : rl:;:'
. I,.f !F;'1It . QH:rgJ..i-l-~ '~ : <~~~~~I' Hi!! ~!,
~~)i. 'I 'lcJ~ ~~ ".- . ~::'~. ~~ ~ r-:lW~~'~~ l;d! II
-;I ~ i-~<':"- -f~I~. ~~-'~~~~~f\-i:\-\'. "
~~~\i~ I' "~.~. 'V:c" ~~~.t~~" ~~. .~; I' ::r;:o;
[U: ~~~t ~ 11r1LL ~~.: ..x. ~/.~ .~~~~~~'~ 1~ir. Ii!
\"'. '( i,~ :f'tl" 'I, .. .'~ .t-:=:: '~~~\\ ',~ :?O~ :jl}\ j
(A\, ~\1 'I " L . M '=1 iI,...,' tF;:;, ~'\ l' , - '.,"~ ...Jill ~
\";;( ~, O.ltw~rg~~f(8m~~ ,~,. 1'Inil~jll
f: :"., ,.--t: ,. ~,--, .~~~ ~jA f ,Mfo~l:. ~-
: - +1 -r ,..~ rw- '::r-o..r1f ...;, ~, ....~ /~..I I .~
I -,' ~ - ". 1'-'~r;'~ ~ "tt~-
: I _.':~ '~'~~ ~ ~~~ .. (~
I ',.. IVV 0 .':\ ... I ~"'II( . " l1
I ""', ,'1!..... "'.. ~-"" .... . ~~, ,1":1'- , Lt' [lJ '-.
',i . -\" - J[....-I";:. ~--- ~''''''. ~~', , =
I ,- 'I . . --~~- ~"'l. . ~ ' :\1<,'
;! !gi II ~...;~~" I _--. --; ~~;)y """,- ...,. ~ ,1, " ~:!I
1]: p= I ~~ ~ '! ~. \. \ __ ___-,.. ~~ \\ i :~~ I ;1 ~k
. : I .,....) 11 -not T~I - -=;:-"-~""'-Il " A .. - 'IJ, I\rl ~ 11 - ~
I I ,n J ! I ~ I . / - '~'::::,: ~ ~ f}' \ \~, IJJ
\ ! .'Lrlit ~D"'l // -~\ ~\Q,. -; , ~ '-J1 Ii!, J ~ 1"\ ~~
,~ ~105 If ' J .~ - ~ " '2'Y .ll\~ I\...-
;r~~l\'( '({5~~~' " "" ~~~I~~"~
~ ;.f' \\,~\~ '~~ ~~,. /J:>;?,,/~ JCJ.'~ (~t-- '_ -e--<,.,.. .'
~ - ' ~~~'/r/:;..,'~ ~~ _ . _. c ~.o.-, '" ';~/__
~ ~~;~ ;"'> - v. -= to' ~",,"-"'"'l"". -4.-'
, - ..;... ~<;" .,-,;--j.. ~~' J ~..:-' ..," '-
J I.. ~ ,:>""",,""~' ~C~' ~~ ~<Di' '
~~~III' .:. :~~~ ~~~~/ {/J ll~==-l"
!~i5 'I'"~ I, . ~. ~\'\.~~~~~ J / ; '.'.
j, . "" ,"""" -'-~~ "-''-: I t,/ l "
'/" I ','- '\. '\ ~~ . . \" j /II,-il "..'
I !it ~'l "-,,", : .. \,\'. ,~~ _\~~~- / ^~"~ l /~i1_/. .1
I" ~ ' ." '-/',y.\. "\', _ (' :'.,_ ',v / ,
~. I h - - 1'. --' '\.. ~ X ..'<;.s~ ~.\ ,\,'\. \.,'\/.)"/:''\\. \ I ~ :III i ..-.ot"fl'l /fC fA""""""" I .'
.
.
.
.
1. .~
Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe..
David R. Wendorf
COURl & MACARTHUR
Attorneys at Law
705 Central Avenue East
POBox 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox.com
. Also licensed in minOLr
..Also IkefUed in Californu.
July 30, 2003
Mike Thomas
Edina Development Authority
700 Industry Avenue
Anoka, Minnesota 55303
Re: ~N'iII&*%and'\lb"ddlti"nCbangeS to Developer's AgreeDlents
Dear Mr. Thomas:
Enclosed please fmd an agreement to modify the Developer's Agreements for the 3rd, 4th
and 6th Additions by deleting the reference to a homeowners association from the relevant
paragraph of each agreement. This requested change in our view merely removes
inapplicable language and does not change or modify the obligations of the parties.
The modification to the Developer's Agreements must be approved by the City Council
Our office acting as City Attorney will recommend that the City Council adopt the
amendment agreement.
If you have any questions or comments please contact me.
Sincerely,
~
David R. Wendorf
Couri & MacArthur
cc. City of Albertville
.
CITY OF ALBERTVILLE
AMENDMENTS TO THE CONDITIONAL USE/PLANNED UNIT
DEVELOPMENT AGREEMENTS FOR ALBERT VILLAS TIDRD, FOURTH AND
SIXTH ADDITIONS
THIS AGREEMENT, entered into this day of , 2003 by and
between EDINA DEVELOPMENT CORPORA nON referred to herein as "Developer";
and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City"; .
WITNESSETH:
. WHEREAS, The City and the Developer entered into a Conditional Use/Planned
Unit Development Agreement for Albert Villas Third Addition Plat, dated April 6,
2001, recorded as document number 738770 on file and of record at the Wright County
Recorder's Office, State of Minnesota; a Conditional Use/Planned Unit Development
Agreement for Albert Villas Fourth Addition Plat dated April 1, 2002, recorded as
document number 793973 on file and of record at the Wright County Recorder's Office,
State of Minnesota; and a Conditional UselPlanned Unit Development Agreement for
Albert Villas Sixth Addition Plat dated May 30, 2003, recorded as document number
854983 on file and of record at the Wright County Recorder's Office, State of Minnesota;
all for the purpose of setting forth and memorializing for the parties and subsequent owners,
the understandings and covenants of the parties concerning the development of the Said
Plats and the conditions imposed thereon:
WHEREAS, Developer requests certain changes in the language of the Conditional
Use/Planned Unit Development Agreements for Albert Villas Third, Fourth and Sixth
Additions;
.
1
.
.
.
..
NOW, THEREFORE, IT. IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. That all of the provisions, obligations, understandings and covenants of the parties
concerning the development of the Said Plats and the conditions imposed thereon as set
forth in the Conditional UselPlanned Unit Development Agreements for Albert Villas
Third, Fourth and Sixth Additions remain in full force and effect except those portions of
said agreements which are specifically amended by this agreement. Both parties
acknowledge that this amendment agreement, unless otherwise expressly stated, is not
intended to relieve the parties their heirs or assigns of any of the obligations, understandings
or covenants concerning the development of Said Plats and the conditions imposed thereon
as set forth in the Conditional UseIPlanned Unit Development Agreements for Albert Villas
Third, Fourth and Sixth Additions.
2. That Section 1 Paragraph D of the Conditional UselPlanned Unit Development
Agreement for Albert Villas Third Addition dated April 6, 2001, recorded as document
number 738770 on file and of record at the Wright County Recorder's Office, State of
Minnesota; and Section 1 Paragraph H of the Conditional UseIPlanned Unit Development
Agreement for Albert Villas Fourth Addition dated April 1, 2002, recorded as document
number 793973 on file and of record at the Wright County Recorder's Office, State of
Minnesota; and Section 1 Paragraph F of the Conditional UseIPlanned Unit Development
Agreement for Albert Villas Sixth Addition dated May 30, 2003, recorded as document
number 854983 on file and of record at the Wright County Recorder's Office, State of
Minnesota; are amended to read as follows:
The Developer shall file a declaration of protective covenants against all Lots in Said
Plat, said covenants to be submitted to the City Attorney for review and approval and
shall be subject to the requirements of Section 1100 and 2700 of the City Zoning
Ordinance.
2
..
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
EDINA DEVELOPMENT CORPORATION
By Rick Lewondowski .
Its President
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
. 2003, by Don 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.
Notary Public
3
.
.
.
.
.
.
.~ ~. ',,"
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
. 2003, by Linda Goeb, as Clerk-Administrator of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day. of
. 2003, by Rick Lewondowski, as President of Edina Development
Corporation.
Notary Public
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael. MN 55376
612)497-1930
4
,j ,
.
.
.
CITY OF ALBERTVILLE
AMENDMENTS TO THE CONDITIONAL USE/PLANNED UNIT
DEVELOPMENT AGREEMENTS FOR ALBERT VILLAS THIRD, FOURTH AND
SIXTH ADDITIONS
THIS AGREEMENT, entered into this ~ day of ~ ' 2003 by and
between EDINA DEVELOPMENT CORPORATION referred to herein as "Developer";
and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City";
WITNESSETH:
WHEREAS, The City and the Developer entered into a Conditional Use/Planned
Unit Development Agreement for Albert Villas Third Addition Plat, dated April 6,
2001, re orded as document number 738770 on file and of record at the Wright County
Recorde 's Office, State of Minnesota; a Conditional Use/Planned Unit Development
Agreem nt for Albert Villas Fourth Addition Plat dated April 1, 2002, recorded as
docume t number 793973 on file and of record at the Wright County Recorder's Office,
State of Minnesota; and a Conditional UselPlanned Unit Development Agreement for
Albert illas Sixth Addition Plat dated May 30, 2003, recorded as document number
854983 n file and of record at the Wright County Recorder's Office, State of Minnesota;
all for th purpose of setting forth and memorializing for the parties and subsequent owners,
the un de standings and covenants of the parties concerning the development of the Said
Plats an the conditions imposed thereon:
HEREAS, Developer requests certain changes in the language of the Conditional
Use/Plan ed Unit Development Agreements for Albert Villas Third, Fourth and Sixth
Addition ;
1
-t
.
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. That aU of the provisions, obligations, understandings and covenants of the parties
concerning the development of the Said Plats and the conditions imposed thereon as set
forth in the Conditional Use/Planned Unit Development Agreements for Albert Villas
Third, Fourth and Sixth Additions remain in full force and effect except those portions of
said agreements which are specifically amended by this agreement. Both parties
acknowledge that this amendment agreement, unless otherwise expressly stated, is not
intended to relieve the parties their heirs or assigns of any of the obligations, understandings
or covenants concerning the development of Said Plats and the conditions imposed thereon
as set forth in the Conditional Use/Planned Unit Development Agreements for Albert Villas
Third, Fourth and Sixth Additions.
2. That Section 1 Paragraph D of the Conditional Use/Planned Unit Development
Agreement for Albert Villas Third Addition dated April 6, 2001, recorded as document
number 738770 on file and of record at the Wright County Recorder's Office, State of
Minnesota; and Section 1 Paragraph H of the Conditional Use/Planned Unit Development .
Agreement for Albert Villas Fourth Addition dated April 1, 2002, recorded as document
number 793973 on file and of record at the Wright County Recorder's Office, State of
Minnesota; and Section 1 Paragraph F of the Conditional Use/Planned Unit Development
Agreement for Albert Villas Sixth Addition dated May 30, 2003, recorded as document
number 854983 on file and of record at the Wright County Recorder's Office, State of
Minnesota; are amended to read as follows:
The Developer shall file a declaration of protective covenants against all Lots in Said
Plat, said covenants to be submitted to the City Attorney for review and approval and
shall be subject to the requirements of Section 1100 and 2700 of the City Zoning
Ordinance.
.
2
...
.
.
.
CITY OF ALBERTVILLE,
BY~~~
Its Mayor
BY~'~
Its Clerk
'-.
EDINA DEVELOPMENT CORPORATION
By Rick Lewandowski
Its President
ST ATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this trfi day of
(L~ ' 2003, by Don 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.
7JJJ L~
Notary Public
MICHAEL C. CaURI
NOTARY PUBLIC - MINNESOTA
My Comm. Exp. Jan. 31, 2005
3
"
ST ATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by Bridget Miller, as Clerk of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by Rick Lewandowski, as President of Edina Development
Corporation.
Notary Public
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
81. Michael, MN 55376
(612)497-1930
4
.
.
.