2005-07-26 CUP Development Agreement
CITY OF ALBERTVILLE
CONDITIONAL USE PERMIT/
PLANNED UNIT DEVELOPMENT AGREEMENT
P ARKSIDE COMMERCIAL DEVELOPMENT
THIS AGREEMENT, entered into this ), to day of July, 2005 by and
between Premier Development Group, Inc., referred to herein as "Developer"; and
the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City";
WITNESSETH:
WHEREAS, Developer's predecessor in title and the City have entered into an
agreement titled City Of Albertville Developer's Agreement Parkside Commercial
Center ("Parkside Agreement"), dated December 21, 2000 and recorded in the
office of the Wright County Recorder, Wright County, Minnesota, as document
number A 727978; and
WHEREAS, Developer and City desire to amend the Parkside Agreement
relating to specific items set forth below that affect Lot 2, Block 1 ("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 the development of the Subject Property 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:
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1. Intent of the Parties. This Amended Conditional Use PermitIPlanned Unit
Development ("Amended Developer's Agreement") shall apply to the
property described on the attached Exhibit A. It is the intent of the parties
that this Amended Developer's Agreement ("Amended Developer's
Agreement") and the Parkside Agreement be read together to determine the
rights and obligations of the parties with respect to the property contained
within Lot 2, Block I of the Parkside Commercial Center Plat. In the event of
a conflict between the terms of the Parkside Agreement and this Amended
Developer's Agreement, the terms of this Amended Developer's Agreement
shall control with respect to such conflicting terms.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Parkside Commercial, as prepared by Meyer-Rohlin, Inc., dated April
27, 2005 and on file with the City Clerk, said improvements to include
installation of water mains and sanitary sewers and ponding. 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, 2006.
B. 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.
C. 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.
D. 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 Improvements. Developer agrees to pay for all costs
incurred by the City during said inspections.
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3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of 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, berming, and like items
as necessary, street cleanup during project development, and erosion
control, all as required by City ordinance. All private driveways and
parking areas shall be installed consistent with the site plan attached as
Exhibit B. All yard areas shall be sodded with grass or landscaped in
accordance with the attached Landscaping Plan. In all cases
permanent turf or grass must be established over all areas of the lot not
covered by a hard or impervious surface, ponding or wetlands. Said
on- and off-site improvements shall be installed no later than October
31, 2006, with the exception of erosion control, drainage swales and
berming, which shall be installed upon initial grading of Said Plat.
B. 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 within the private street
easements 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;
lll. Telephone service, to be provided by SprintlUnited Telephone
Company or other such carrier;
IV. Cable TV service, to be provided by a local carrier;
In addition, if required by the City within 24 months of completion of
construction of all buildings shown on Exhibit B, the Developer shall,
at its own expense, cause street lights 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.
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C. Developer shall abide by the City Engineer's requirements for silt
fencing ofthe lots and access to the lots during building construction.
D. Developer agrees that all buildings shall be constructed in the locations
illustrated on the attached Exhibit B.
E. The City and Developer agree that the Developer shall install the
Lighting Improvements described on the attached Exhibit C, which
shall supercede the Lighting Plan applicable to Lot 2, Block 1 that was
Described in Section 10, Paragraph 0 in the Parks ide Agreement.
F. The City and Developer agree that the Developer shall install the
buildings in substantially the same design and configuration as shown
on the attached Exhibit F (1) and (2). The exact building
placement/design shall be subject to site plan approval by the City
Council except where specifically set out in this agreement.
G. The City and Developer agree that the Developer shall install the
Utility Improvements described on the attached Exhibit D, which shall
supercede the Utility Plan applicable to Lot 2, Block 1 that was
attached as Exhibit B to the Parkside Agreement.
H. The City and Developer agree that the Developer shall install the
Grading Improvements described on the attached Exhibit D, which
shall supercede the Grading Plan applicable to Lot 2, Block 1 that was
attached as Exhibit C to the Parkside Agreement.
1. The City and Developer agree that the Developer shall install the
Landscaping Plan Improvements described on the attached Exhibit E,
which shall supersede the Landscaping Plan applicable to Lot 2, Block
1 that was attached as Exhibit D to the Parkside Agreement.
J. Unless the City Engineers specify a later date, said improvements
shall be installed by October 31, 2006, with the exception of erosion
control, drainage swales and berming, which shall be installed upon
initial grading of Subject Property.
4. Conditional Use Permit/Planned Unit Development.
The City Council Approves the Conditional Use PermitIPlanned Unit
Development (CUP/PUD) for Lot 2, Block 1 subject to the following
conditions:
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A. Uses within the buildings shall be limited those shown on the attached
Exhibit G. There shall be no outdoor storage allowed within the site.
B. The Monument signage shall be limited to no more than two signs that
are no more than twelve (12) feet in height and are no more than
eighty (80) square feet of sign face and shall be placed in the locations
shown on the attached Exhibit B. Wall signage shall not exceed 48
square feet for each building entrance location. A separate sign permit
will be required for this application. All sign lighting shall be on a
timer that will turn off lights no later than 11 :00 p.m. No window
signs shall be permitted on the west or south site of the building. All
signs shall have a dark background with white lettering.
C. All light poles shall not exceed twenty (20) feet in height. All lights
shall be at 90-degree cutoff.
D. The Common Interest Community (CIC) declarations, by-laws, and
related association documents shall be subject to the review and
approval of the City Attorney and shall be recorded at the Wright
County Recorder's Office.
E. The City approves the proof of parking arrangement for the southern
most five parking stalls shown on the attached Exhibit B. As a
condition of approval, the property owner need not construct the five
stalls initially, but shall be required to construct these parking spaces
upon order of the City if parking demand exceeds the supplied
parking, resulting in parking on 57th Street, parking within drive aisles,
or parking on landscaped areas of the site.
5. Abandonment of Proiect - Costs and Expenses.
In the event Developer should abandon the proposed development of the said
Plat, the City's costs and expenses related to attorney's fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans
and specifications, and any other expenses undertaken in reliance upon
Developer's various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the
event the Developer abandons the project, in whole or in part, ceases
substantial field work for more than nine (9) months, fails to provide
sufficient ground-cover to prevent continuing soil erosion from the
Development, or fails to leave the abandoned property in a condition which
can be mowed using conventional lawn mowing equipment, Developer agrees
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to pay all costs the City may incur in taking whatever action is reasonably
necessary to provide ground-cover and otherwise restore the Development to
the point where undeveloped grounds are level and covered with permanent
vegetation sufficient to prevent continuing soil erosion from the Development
and to facilitate mowing of the Development. 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.
6. 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 of the Development
without objection.
7. Drainae:e Requirements.
Developer shall comply with all requirements 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. In addition, Developer shall fully
comply with all recommendations made by the County or City Engineer
relative to required drainage improvements.
8. 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 D. Developer shall
also install all erosion control measures deemed necessary by the City
Engineer should the erosion control plan prove inadequate in any respect.
9. Ditch Cleanine:.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from the Development may
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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.
10. 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 ofthe Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of$105,823.00
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($59,480.00) and 150% of the estimated cost for
landscaping/screening materials ($46,343.00). 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, 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.
D. Pursuant to Paragraph 15 of this Agreement, 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.
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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.
11. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal 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
therefore. 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:
i. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements have
been installed, 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. Developer may
substitute a warranty bond acceptable to the City Attorney for the
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warranty letter of credit in the same amounts and duration as required
for the warranty letter of credit.
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.
12. Temporary Easement Rie:hts. Developer shall provide access to the
Development 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. Maintain Public Propertv Damae:ed or Cluttered Durine: 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 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 immediately undertake making or causing it to
be cleaned up, repaired or maintained. When the City undertakes such
activity, the Developer shall reimburse the City for all of its expenses within
thirty (30) days of its billing to the Developer. If the Developer fails to pay
said bill within thirty (30) days, then the City may specially assess such costs
against the lots within the Development and/or take necessary legal action to
recover such costs and the Developer agrees that the City shall be entitled to
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attorneys fees incurred by the City as a result of such legal action.
] 4. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Agreement.
C. If building permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
E. This Agreement shall run with the land and shall be recorded against
the title to the Subject Property.
F. The Developer represents to the City that the Development complies
with all City, county, state and federal laws and regulations, including
but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that the
Development 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 ofthis Agreement and prior to the start of any
construction on the Development, Developer shall provide the City
with evidence of good and marketable title to all of the Development.
Evidence of good and marketable title shall consist of a Title Insurance
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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, ifany, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
1. The Albertville City Council reserves the right to allocate
wastewater treatment capacity in a manner it finds to be in the best
interests of the public health, safety and welfare. Developer
acknowledges and agrees that the City is currently in the process of
expanding its wastewater treatment plant capacity. Developer
further acknowledges and agrees that delay in the availability of
wastewater treatment plant capacity may occur for some lots located
within the Development depending upon when building permits are
applied for and that such delay in capacity availability may also
delay the issuance of building permits for some lots within the
Development.
J. Developer shall not place any structure at an elevation such that the
lowest grade opening is less than two feet above the highest known
surface water level or ordinary high water level or less than one foot
above the IOO-year flood level of any adjacent water body or wetland.
If sufficient data on high water levels is not available, the elevation of
the line of permanent aquatic vegetation shall be used as the estimated
high water elevation. When fill is required to meet this elevation, the
fill shall be allowed to stabilize and construction shall not begin until
the property has been approved by the Building Inspector or a
professional soils engineer.
K. Developer shall obtain all required driveway, utility and other permits
as required by either the City Engineer, Wright County and/or the
State of Minnesota.
L. The City and Developer agree that there are currently no defaults
existing with respect to Lot 2, Block 1 of Parkside Commercial Center
under the Parkside Agreement and all fees and reimbursable costs
owed to the City under the Parkside Agreement have been satisfied.
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15. Violation of Ae:reement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer thirty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day
period, the City is hereby granted the right and the privilege to declare
any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run
from the date of deposit in the United States Mail. Upon failure to
cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations
under this Agreement, and bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this Agreement. The
City may also specially assess all said costs incurred upon default
against the properties in the Development pursuant to the terms of this
Agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
15(A) 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.
C. Paragraph 15A of this Agreement shall not apply to any acts or rights
ofthe City under paragraph 10E, and no notice need be given to the
Developer as a condition precedent to the City drawing upon the
expiring irrevocable letter of credit as therein authorized. The City
may elect to give notice to Developer of the City's intent to draw upon
the surety without waiving the City's right to draw upon the surety at a
future time without notice to the Developer.
D. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial of building permits.
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16. Dedications to the City.
Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good
and marketable title to the Development, and simultaneous with the
execution of this Agreement, shall dedicate to the City drainage and
utility easements over the Municipal Improvements. Said
dedications shall be in a form and with legal descriptions acceptable
to the City Engineer and City Attorney. Should the City be required to
maintain or improve the utilities described in Exhibit D, the City shall
be responsible only for restoration of the surface to gravel level with
grade. The Developer shall be responsible for restoration of all
bituminous, concrete and other improvements at and above grade
level.
17. 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 the Development 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 reasonable attorney's fees. Third parties shall have
no recourse against the City under this Agreement.
18. Assie:nment of Contract.
The obligations of the Developer under this Agreement can be assigned by
the Developer. However, the Developer shall not be released from its
obligations under this Agreement without the express written consent of the
City Council through Council resolution.
19. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City
as a result of City efforts to enforce the terms ofthis Agreement. Said fees
include attorney's fees, engineer's fees, planner's fees, and any other
professional fees incurred by the City in attempting to enforce the terms of
this Agreement. The Developer will also pay all reasonable attorney's and
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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.
20. Administrative Fee. A fee for City administration of this project shall be
paid prior to the City executing this Agreement. Said fee shall be three
percent of the estimated construction costs of the Municipal Improvements.
The administrative fee for this development is $1,784.40. Seventy-five
percent of this fee shall be paid upon signing of the Agreement with the
remaining twenty-five percent of the fee to be paid upon substantial
completion of the Municipal Improvements.
21. 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.
22. Inte!,!ration Clause. Modification by Written A!,!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 if in writing
and signed by a duly authorized agent of both parties.
23. 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
Premier Development Group, Inc.
600 - 25th Ave. South
Suite 111
St. Cloud, MN 56301
Phone: 320-258-4438
Fax: 320-252-3603
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With a copy to:
Mr. Stephen Froehle, Esq.
141 62nd Way, N.E.
Minneapolis, MN 55432
Fax 612-233-0001
24. A2reement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
B~--^--Il. ~
Donald Peterson, Its Mayor
By ~-~
Bridget Miller, It lerk
Premier Development Group, Inc.
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
TOR: ,<,NN LEONHARDT
NOTARY PUBLIC-MINNESOTA
My C'-<Jmm. Exp. Jan. 31, 2009
The foregoing instrument was acknowledged before me this Jto+D
day of . \ \,( J~ ' 2005, by Donald Peterson as Mayor of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
15
~ llin~Un~+
Notary P hc
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ~ (p+b
day of -.,J~ ' 2005, by Bridget Miller, as Clerk of the City of
Albertville, a MI esota mUnIcIpal corporatIOn, on behalf.of the CIty and pursuant to
the authority of the City Council.
Jy\ ~lml'fL~
Notary Pu c
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was ~cknowledged before me !his ~~ Lm
day of Jl;j./~ ' 2005, byyJ 03Pf H nL , as \/\( f S.~ l")c
of Premier Dev pment Group, In .
e SAllY SUSANNAH PErRON
~ NOTARY PUBLIC - MINNESOTA
My Comm. Exp. Jan. 31,
DRAFTED BY:
Couri, MacArthur & Ruppe,
P .L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
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[EXHIBIT LIST]
Exhibit A
Legal Description
Exhibit B
Site Plan
Exhibit C
Lighting Plan
Exhibit D
Grading and Construction Plan
Exhibit E1 - G;L
Landscaping Plan
Exhibit F (1) and (2)
Elevation Plans
Exhibit G
Permissible Building Uses
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EXHIBIT A
The legal description ofthe property to which this agreement applies is:
Lot 2, Block 1, Parkside Commercial Center, according to the plat of record
in the Wright County Recorder's Office, Wright County, Minnesota.
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Exhibit G
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ALBERTVILLE, MN
APPROVED USES
GENERAL OFFICE, including the following:
Insurance Agency
Travel Agency
Accounting I Bookkeeping firms
Management companies
Bank/Credit Union I Depository institutions
Financial Planner
Investment Banker
Loan production office
Appraisal Finn
Title Insurance Company
Mortgage Loan Company
Small loan company
Realty Companyl Agency
Real Estate development office
Architectural finn
Engineering firm
Laboratory I Research offices
Telemarketing
Collection Agency
MEDICAL USE, including the following:
General practice physician
Dental practice
Medical specialty use
Eye care offices! with associated retail products
Orthodontist
Chiropractic
Psychiatric I Family Counseling
Hearing aid examination with assoc. retail products
Other medical or dental related use as may be approved by City
PERSONAL SERVICE USE, including the following
Hair & beauty salon (no nails only)
Student Learning Center
Physical Therapy
Physical Fitness (limited to 2,000 s.f. max.)
Occupational Therapy
M:IPublic DatalCity CouncillCouncil Agendas12005 AgendaslA 06-06-05 packet.doc
167