2004-07-18 PUD/CUP Agreement
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE AGREEMENT
MOONEY 2ND ADDITION
THIS AGREEMENT, entered into this Ilti day of Jc: ~ ' 2004 by and
between Ace Properties, LLC, a limited liability company under t e laws of the State of
Minnesota, 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 and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, 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 "Mooney 2nd
Addition", The real property described in Exhibit A shall hereinafter be referred to as "Said
Plat" or "Subject Property"; 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
WHEREAS, approval of a Planned Unit Development is required to permit
development of Said Plat in the manner proposed by the Developer; and
WHEREAS, the City has given preliminary approval of Developer's plat of
Mooney 2nd Addition contingent upon compliance with certain City requirements
including, but not limited to, matters set forth herein; and
1
WHEREAS, the City requires that certain improvements including, but not limited
to grading, storm sewer, and site improvements, (hereafter "Improvements") be installed to
serve the Subject Property and other properties affected by the development of Developer's
land, to be installed by the Developer and paid for 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 boulevards, top
soil and sod, grading control per lot, bituminous or concrete driveways and parking lot,
drainage swales, street cleanup during project development, erosion control, and other site-
related items;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. Planned Unit Development and Conditional Use. The Development is hereby
allowed to be developed as a Planned Unit Development with flexibility from the strict
requirements of the City's Zoning Ordinance in relation to selected items detailed in this
paragraph. Developer's use of Said Plat shall be consistent with the following
restrictions, which shall be effective until further modified or amended by rezoning or
other amendment of the conditional use permit or the planned unit development by the
City Council:
A. That all facilities on the plat are constructed consistent with the Architectural
Site Plan prepared by Finn Daniels Architects dated October 8, 2004 attached
as Exhibit E.
B. The Developer shall obtain an access easement for ingress and egress over Lot
I Block I, Mooney Addition on file and of record in the office of the Wright
County Recorder, State of Minnesota. Said easements shall be approved by the
City Attorney and recorded on the property records at the Wright County
Recorder's Office.
C. No outdoor storage shall be allowed on the plat and no outdoor "for sale" signs
shall be permitted.
D. The uses within the multi-tenant building located on Lot 1, Block 1 of Said
Plat shall be limited to permitted and conditional uses in the B-3 zoning district
pursuant to the City of Albertville's Zoning Ordinance.
2
E. Detailed signage plans shall be submitted for review and approval of the City
Planner prior to the installation of any signage. Said plans shall be consistent
with the following requirements:
1. That Developer may utilize the existing 75 foot high pylon sign for signage
for Lot 1 Block 1 of Said Plat not to exceed a total of 75 square feet in area.
2. That Developer may construct a monument sign not to exceed 12 feet in
height and 80 square feet in area to identify the shopping center and its
tenants to be located on the property along County Road 19.
3. Wall signage shall be allowed upon only those facades having public street
frontage. The allowed wall signage on the building shall not exceed 15%
of the frontage wall area of each tenant bay. Those tenant bays having
building frontage on both County Road 37 and County Road 19 are allowed
signs consistent with this section on those building sides fronting the
County Roads.
4. All signs shall use light colored lettering on a dark background.
5. No signs shall be illuminated except during business hours.
6. Developer shall provide written notice of these sign requirements to all
tenants.
F. Developer shall provide to the City a copy of a sign maintenance agreement
with the owner of Lot 1 Block 1, MOONEY ADDITION on file and of record
in the office of the Wright County Recorder, State of Minnesota, for the
maintenance of the shared 75 foot high pylon sign. Said agreement shall be
approved by the City Attorney and recorded on the property records at the
Wright County Recorder's Office.
G. Developer acknowledges that the site plan submitted includes construction of
facilities over existing easements in favor of the City and agrees to pay at its
own expense for any restoration of those facilities in the event those facilities
are disturbed as a result of the City's utilization of said easements.
H. The City reserves the right to periodically review said Conditional Use Permit
and modify or amend these conditions as the City reasonably deems necessary
to protect the public health, safety and welfare.
3
2. Construction of Improvements.
A. As a condition of its approval of Said Plat, the City requires the installation of the
improvements as detailed on the Utility Plan (attached hereto as Exhibit B), the
Grading Plan (attached hereto as Exhibit C, and the Landscape Plan (attached
hereto as Exhibit D). Developer shall install said improvements by October 1,
2005.
B. All said Improvements shall be installed at Developer's expense. If the City
determines that it is necessary to have the City Engineer or other inspector on site
for any portion of the installation of said Improvements, Developer shall
reimburse the City for all inspection costs incurred by the City.
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including but not
limited to installation of boulevards, traffic signs, yard top soil, sod in all
yards, grading control per lot, bituminous or concrete driveways and parking
lots, concrete sidewalk, drainage swales, and like items as necessary, street
cleanup during project development, erosion control, all as required by City
ordinance. Said on- and off-site improvements shall be installed no later than
October 1,2005, with the exception of erosion control, which shall be
installed immediately 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
carrIer;
11. Natural gas supply, to be provided by Reliant Energy or other such
carrIer;
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;
4
In addition, the Developer shall, at its own expense, cause streetlights and
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 and incorporated herein as
Exhibit B. Developer agrees to have all utilities installed according to this
Exhibit B.
D. Notwithstanding the requirements of subparagraph 3A above, the
Developer shall install to the City's satisfaction said on- and off-site
improvements prior to the issuance of a final certificate of occupancy by
the City for a building located on Lot 1, Block 1 of Said Plat.
4. Surety Requirements.
A., Developer will provide the City with an irrevocable letter of credit (or other
surety as approved by the City Attorney) as security that the obligations of the
Developer under this contract shall be performed. Said letter of credit or
surety shall be in the amount of$25,000.00. 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 reimburse itself
for costs incurred in the drafting, execution, administration or enforcement of
this Agreement, to pay special assessments not timely paid by Developer, 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 ofthe project as paid by the
City.
5
D. Developer hereby agrees to allow the City to specially assess Developer's
property for any and all costs incurred by the City in enforcing any of the
terms of this agreement should Developer's letter of credit or surety prove
insufficient or should Developer fail to maintain said letter of credit or surety
in the amount required above within 30 days of mailing of written request by
the City.
E. In the event a surety referred to herein is in the form of an irrevocable letter of
credit, which by its terms may 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. Developer shall maintain said letter of credit in the amount required
by the City at all times.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions ofthe Improvements and/or on- and off-site 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 Improvements and
on- and off-site 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:
1. When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
6
11. When all or a portion of the Improvements or the on- and off-site
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,
111. 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 of Proiect - Costs and Expenses. In the event Developer should
abandon the proposed development ofthe Subject Property, the City's costs and
expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses
undertaken in reliance upon Developer's various assertions shall be paid by said
Developer within thirty (30) days after receipt of a bill for such costs from the City. In
addition, in the event the Developer abandons the project, in whole or in part, ceases
substantial field work for more than nine (9) months, fails to provide sufficient ground-
cover to prevent continuing soil erosion from the 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.
7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
engineering and other professional costs incurred in the creation, administration,
enforcement or execution of this Agreement and the approval of the Development, 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 ofthe Development without objection. Developer has the
right to request time sheets or work records to verify said billing prior to payment.
7
8. 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$2030.00, representing
$1400.00 per acre of Said Plat multiplied by 1.45 acres. In addition, prior to release of
Said Plat, Developer agrees to pay a trunk water charge in the amount of $1740.00
representing $1200.00 per acre of Said Plat multiplied by 1.45. Developer agrees to pay
said amounts prior to the City's release of Said Plat.
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 C, and as required by City
ordinance. 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 Cleanin!!. Developer shall comply with all requirements set forth for drainage
into any county ditch or other ditch through which water from the Development 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 Dama!!ed or Cluttered Durin!! Construction. Developer
agrees to assume full financial responsibility for any damage which may occur to public
property including but not limited to streets, street sub- base, base, bituminous surface, curb,
utility system including but not limited to watermain, sanitary sewer or storm sewer when
said damage occurs as a result of the activity which takes place during the development of
the Development. The Developer further agrees to pay all costs required to repair the
streets, utility systems and other public property damaged or cluttered with debris when
occurring as a direct or indirect result of the construction that takes place in the
Development.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a result of
construction activity on the Development will be repaired immediately if deemed to
be an emergency by the City. Developer further agrees that any damage to public
property as a result of construction activity on the Development will be repaired
within 14 days ifnot deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property,
the City may immediately undertake making or causing it to be cleaned up, repaired or
maintained. When the City undertakes such activity, the Developer shall reimburse the
8
City for all of its expenses within thirty (30) days of its billing to the Developer. If the
Developer fails to pay said bill within thirty (30) days, then the City may specially assess
such costs against the lots within the Development 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 Rie:hts. 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
improvements caused by the 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.
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
9
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.
H. 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.
I. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the City of Albertville and/or any applicable
provisions of State and Federal law.
J. 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.
K. 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 1 DO-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 Ae;reement.
A. In the case of default by the Developer, its successors or assigns, of any ofthe
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
10
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.
B. Notwithstanding the 30-day notice period provided for in paragraph 14(A)
above, in the event that a default by Developer will reasonably result in
irreparable harm to the environment or to public property, 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,
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, and the intended actions of the City to remedy said harm.
C. Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits and/or occupancy permits until said breach is
remedied.
15 Dedications to the City.
Developer acknowledges and agrees that in order to satisfy the City's park
dedication requirements for Said Plat, Developer shall pay $7,500.00 per acre.
Said Plat consists of 1.45 acres. Therefore, Developer shall pay the City a cash
payment totaling $10,875.00.
16. Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer and third parties for damages sustained or costs incurred
resulting from 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.
16. 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.
17. Limited Approval. Approval of this Agreement by the City Council in no way
11
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
18. 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.
19. 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.
20. Intee:ration Clause. Modification bv Written Ae:reement 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 ifin writing and signed by a duly authorized agent of both
parties.
22. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to
the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (612) 497-3384
Ace Properties LLC
5465 Highway 169 North
Plymouth, MN 55442
Telephone: (763) 694-8800
Fax: (763) 694-8888
23.Ae:reement Effect. This Agreement shall be binding upon and extend to the
12
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
~~
Its Mayor
BY~'~
Its Clerk '
-
ACEPRO~
Its: I/le,~e>/ci~~
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
, The foregoing instrum~nt was acknowledged before me this ( ~ +G day of
, J lkl~ ' 200I? by Don Peterson as Mayor of the City of Albertville, a
Minnes municipal corporation, on behalf of the city and pursuant to the authonty of the
City Council. i\ ,'0' ~.\ I a
~\ llJU", trr\V\[L~cJT
Notary Public '
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
e TORI ANN LEONHARDT
" NOTARY PU8UC.l.4INNESOTA
. My Comm, Ex,p, Ja.n. 31, 2009
k ,Th,e foregoing instrumt;nt was. ackno~ledged before me this . I g '- ~ay of
"L~ ' 200~ by Bndget MIller, as Clerk of the CIty of AlbertvIlle, a
MIImes municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
STATE OF MINNESOTA)
13
N~NM Elf/AJ
COUNTY OF WRI IT
) ss.
)
The foregoing instl]Jment was adrnowledged befo.r7 me this I gTI,J day of
, 200~ by (1.(Jl!J.lbIJlfFK-.E , as }LJU PR.~SfbE}.J~ with
t ori n behalf of Ace Properties, LC.
DRAFTED BY:
Couri, MacArthur & Ruppe P .L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
14
EXHIBIT A
The legal description of the property which is the subject of this Developer's Agreement is
as follows:
Lot 1, Block 1
Mooney 2nd Addition, according to the plat of record on file in the Wright County
Recorder's Office, Wright County, Minnesota.
15
I
.....-.-
0__"'-"
-
>-
~
>-
t"""n
>-en
tl:l>
t'%j'
>-?::
c::
><z
>-~
<.....
~co
Z
t'%j
*t
I
.
!~ ~~~ ~~ 26; !~ ~~~= ~~~ ~~ ~~~~ ~~~~~~ e~~ 2~~~~ c ~
~~ ~~= c~ ~~~ ~~ ~.~~ ~'~ i~ ~e~~ 5~~gr~ ~~~ !r~~~ ~ ~
a ~~~ ~~ i~~ i; ~::: ~:i ~~ g~~i il~i!1 ~;; ~I~!~ ~ r
~ li~ as ~~; :: l!e~ Iii ~~ ~6~i :;~i:! ~~~ ~~;~~ ~ ~
: . il ~~ Ii! ~; !ii~ ~i~ I~ ~~~I I~;~:~ ;~~ ~~;!g m
~ m~ _M ~i~ ~ ~i~~ ~!s ~M ~~2~ ~~~~~ ~~~ ~~~~3
I ~~:~ ~:~ ! !~am ;~~ ~i ~II; :~i~i ~i ~il!~
~~ ai @~ ~ .~~~ ~3~ ~ ~~2~ ~~~iC ~~ ~~n~
a a~. ~ ~~ ! ~~~I ~~~ ~ ~~@~ ~~~~~ ~1~ ~~~~
~ g ~ i . z~ B ~~ ~ ~~i~ ~~R ~ <~t 2~~i
Q ~i ! i ~ ~~~~ ~~ ~ ~~~! m~~i~ i~! ~=~~
~ :~ ~ ~i ~ ~;. ~ ! i~~ ~ ~~ .~! ~~j~
~ i~ 0 ~ ~ ~ ~ iM~ ~ 2~ a a~
.
-&&
~
~./' .I\;:
Q~
a./V
./Va
~~
~~
~./V
~
"1./'<;
~a
:.<J..Q
Exhibit
B
~
CI1
:t>
~
~
o
1!IIII;iillllill!;:,1 ~
iR ~ II1II 1111'1 ~
l~l~1 ~!I eO: ( z
III ; e '.1 c
.111111.....I\.!...l I
111111 III I
+..i...'.O...~Oy.,t- I
11I111 III I
I
I
I
I
I
I
I
\
\
\
\
\
\
\
\
\
\
\
\
\
\
~
'\l
ALBERTVILLE RETAIL
AUlERTW..LE. MINNESOTA
IR'''''ONS
=-"=:"r=t~
~QJJiI:lI",~
I....... ""1:""".:'$::::"::=:'-1 /"'""'\ -"'==1
_GEl ~I_," RLK. .......=
__ ICC ....... ~...,.
~~.........
CICCICm _II>
DA'J[..!l!!m.- uc. NO.---1lmL-.. .a&~~..... ,.... ......... -....
~
UTILITY PLAN
Ace Properties LLC
5465 Highway 169 North
Plymouth, MN 55442
I
......-..-
A__~
~
/
{
I
I
(
/
I
d.,
/~
,J' >-
&:~
I:l:l>
l:%j'
>?::
c:::
~Z
o
>.
<....
~'9
z !
~/
'-'/
r
It
I
.
\ \;l Ili:;:l:i~~ml: J!l~~~ ~~~ !l~l:Il~ Ii) V
~ i~;i~I~;~ ~~~~ :~~ ~~i!~ ~ ~
~ ~I~z~~,' i ~~~ ~I'z B~~~~ - I
~ :"~6~~l~~ a~~; ~ "~B~~ ~ ·
~ ~a~~i ~i ~~~.. E ~~~~~ z ~
~ s:i~~~~~~ ~a~ &~~ ~~~~ 0
~ ~~ 1l:~~I~ ~j~ ~~a l:~~i~ ~
~ ~~~!~~~i~ ~~~ J~~ ~~:!~ 0
~ i;~~~~~; i;~ !l~i IlIa
~ a;;!~~~; :!~ ~i ~~~~
c in~~~~~~ ~.~ ~~ ~c
= ~i~~i~~~ ~~~ ;~, ~=~i
~:;: ~~~~~ ~~~. N~ ~ni~
i~ ~i~~~ !ili! i~ ~~!l~
~ za ~ a~
"-
"-
'\
\\
~ i
; ;
Exhibit
C
Ace Properties LLC
5465 Highway 169 North
Plymouth, MN 55442
IR'''5IONS
-.."'-.-
\
\
\
\
\
\
I
I
! \\ nmllIHUII ~
\ ,"- ~! I II; I P Z
\i \ .! Ila 0
\\ ; I
,....!!~i I ;\\ I
II I ~
II . I;! I
"o"'~1 1,,1
II 1,1/
'"
;e:;
II
\
II
I
1\
1\
I
1\
I \
I \
\
I
\ '".
\ " -..--....._./
\
\
\
_...,-[,9P
-
r
~ ~9
CJ
~
l>
1)
m
1)
r
~
0
C/J
~
?:
<
~
....
co
~
~
~
to
~
~
:l>
~
"
~
\
\
\
\
\
\
\
\
o
~
:l>
?:
<
o
tu
'1
\
\
\
\
\
\
\
\
\
~
.....1\1-
""~
~,s>
""<<1
""~
"
"
.9",
\J j
I & e Ii . . s e ~ ~ E
-
i~ ~ . ; 5:
!l .
{i . n
. " . . . " . ~ ~
1m m
s: ~9i ~i iU m II m U~ Ii s!1 ~II ~
s' Exhibit
J ~i ~. IiI !I~ mil! Ie I ~
~ !~ tr ~~ D
~. ~~. I" i
r- "Ii l irfir L&K LANDSCAPING
i.. ~ ALBERTVILLE RETAIL CENTER
. ~~ 3333 IFFERT AVENUE N.E.
... ST. MICHAEL, MN 55376
.. CORNER OF, INT. 94, C.S.A.H. NO. 19, & C.S.A.H. NO. 37 (763) 497-4700 (VOICE)
. 1ft
... ALBERTVILLE, MINNESOTA (763) 497-1920 (FACSIMILE)
.
@<Ben j j 16;il ~ ~ ~~ ~~ o~ !il'l!~!;i~ en ~
8 G) !jl;: ~~ ;!~ ~
; ~i ~ ~ i~ !a2 i~\!~~ ~
z " zz iEli r
z ''''
!l ,... Ol~ :~ ~z i~2~i z
~ II ~ ~ U zlll !
!< m ~ !;i~ ~~ U)~~~~ Q
;;! Ii) 1Il~ ;;!1Il ~z
~ ~ !! ~1Il
~ m ~~ 'l! ,,~ ol! o~ ~~~~~ m
~ III Z ~ ~ ~ ;!~ Z In:!! en
!l 0 i~ ~ ~~:~5
~ ~ ill a ill ~ !
~ 'f . ~ ill ~ ~ ~~ ~;!;;!~~
~ .:: ~ <>. z ~a a ~16 a
"
e. ~ ill "i ~ ~ ~ ~ ~~ ~ ~~~2~
f' i hi~
~ ~ ~ ~ g
.., ~ 1 ~ ~ ~ ~ ~~n::l
> ~. ~~;;ll!
t ~ i !;i ,,>~
~~ ~ ~ X 21!<'>
~ > i !:l~~~
!~ 2 !a ~ "
~
z ~ I;)~~IO:
~, ill ~ 0 !;i m
-'" ~ ~~~~
1\ iil
~ :;l b~
>-
:;::
>
r<(")
>U:i
to>
M'
>~
C
><Z
o
>'
<......
F"l~
z
M
/'
/~
y/ -
, I
I
..J
II
i I
, I
II
, I
I
!
I
, I
j I
II
i
.
Cl
\J)
~
~
~
o
it
-&6-
~
~/ .!\?:
Q~
O<v
<Vo
:.?-7>
~~
~<V
./?
<1./<-
./?O
<1.<;>
Exhibit
E
\
\
\
\
\
\
\
I
I
I
I
I
I
I
I
\
\
\
\
\
\
\
\
\
\
\
\
\
\
W
\l
q!~PUiIIi1
~~llhiii ffi
. ~
H*
Ii
'I
I ~
II I
i! ~ I
~
H*
ALBERTVILLE RETAIL
Ace Properties LLC
5465 Highway 169 Narth
Plymouth, MN 55442
Ij~S5'.ll~:I~::I'~~.,_,,~~~1
ALBERT\1LLE MINNESOTA
SITE PLAN
SUBORDINATION AGREEMENT
Date:
,2005
FOR VALUABLE CONSIDERATION, the undersigned hereby subordinates
the lien on real property located in Wright County, Minnesota, described as follows:
Lot 1, Block 1, Mooney 2nd Addition,
such lien is evidenced by the following Mortgage executed by Ace Properties, L.L.C., a
Minnesota limited liability company, as mortgagor, to Community Bank Minnesota Valley,
a Minnesota corporation, as mortgagee:
A Mortgage dated November 2,2004, and filed for record on November 17, 2004,
as Document No. A 935649, in the office of the County Recorder, Wright County,
Minnesota,
to that certain document titled City of Albertville Planned Unit Development!
Conditional Use Agreement Mooney 2nd Addition, subsequently filed for record on
, 2005, as Document No. , in the office ofthe County
Recorder, Wright County, Minnesota.
COMMUNITY BANK MINNESOTA V ALLEY
STATE OF MINNESOTA )
) SS.
COUNTY OF ~ i\Y'\e.f; f'"\ )
The foregoing instrument was acknowledged before me this ~ day of
::sv\.~ ' 2005, bY:~:J(J-'V\ L, p.y(Je,Y\ , asprC~dl'lr'jt-rv\J;Vi (\'J.-I't'~fLhfJ(lfand
on be alf f Community Bank Minnes a Valley. ""
THIS INSTRUMENT WAS DRAFTED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
705 Central A venue East
P.O. Box 369
St. Michael, MN 55376-0369
(763) 497-1930
kmb Icontractlace propO la_subordination agree
I
LINDA K. LYNCH i
Notary Public-Minnesota
My Commission expln~s Jan 31,2010
2
CONSENT TO PLAT
PLEASE TAKE NOTICE, that Community Bank Minnesota Valley, a
corporation under the laws of the State of Minnesota, mortgagee, as named in that certain
Mortgage dated November 2, 2004, and filed for record November 17, 2004, as
Document No. A 935649, in the office of the Wright County Recorder, Wright County,
Minnesota, does hereby consent to that certain plat known as "Mooney 2nd Addition" and
filed for record as Document No. , in the office of the Wright County
Recorder, Wright County, Minnesota.
COMMUNITY BANK MINNESOTA VALLEY
STATE OF MINNESOTA )
) SS.
COUNTY OF .1l-eV\"\f\l fiLl\ )
The foregoing was acknowledged before me this ~ day of::JL..t
2005, by ~vey\. L...l:1-r-DRV' , as ('~?;,. _"-1~.I\ " \ ~
h~t;;:mleY
of and on
THIS INSTRUMENT WAS DRAFTED BY:
Couri, MacArthur & Ruppe Law Office
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376
kmb Icon tract lace propO 10 _consent to plat
UNDA K. LYNCH \
Notary Public-Minnesota
My commissIOn E)(pir~s Jan 31, 2010