2005-10-10 Development Agreement
'"
CITY OF ALBERTVILLE
DEVELOPERS AGREEMENT
FIELD PLAZA
THIS AGREEMENT, entered into this A day of October, 2005 by and
between Blaine Rentals, LLC, referred to herein as "Developer"; and the CITY OF
ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the
attached Exhibit A, which real property is proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is intended to
bear the name "Field Plaza" and shall hereinafter be referred to in its entirety as "Said Plat"
or "Subject Property"; and
WHEREAS, Developer has received final plat approval for I lot within Said Plat; 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 in the attached Exhibit B and the conditions imposed
thereon; and
WHEREAS, the City has given preliminary and final plat approval to Said Plat
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, sanitary sewer,
municipal water, storm sewer (hereafter "Municipal Improvements") be installed to serve
the Development and other properties affected by the development of Developer's land, to
be installed and financed by Developer; and
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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 private
streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete
driveways, parking lots, drainage swales, berming, street signs, street lights, street cleanup
during project development, erosion control, and other site-related items.
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. 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 Field Plaza, as prepared by
Surveying & Engineering Professionals, Inc., dated September 14, 2005 and on file
with the City Clerk, said improvements to include installation of sanitary and storm
sewers, street, 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, with the wear course of bituminous pavement on
City streets to be installed during the construction season following the installation
of the base course.
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.
2. 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,
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drainage swales, and like items as necessary, street cleanup during project
development, and erosion control, all as required by City ordinance. All yard areas
shall be sodded with grass or landscaped in accordance with the attached
Landscaping Plan attached as Exhibit C. 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, and except that
the parking lots for Lot 1 may be constructed when a building is constructed on
such respective lot.
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:
i. Electrical power supply, to be provided by Xcel Energy or other such carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other such carrier;
iii. 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, 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.
C. Developer has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached hereto and incorporated herein as
Exhibit D. Developer agrees to have all utilities installed according to this Exhibit
D.
D. Developer shall 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
abide by the City Engineer's requirements for silt fencing of the lots and access to
the lots during building construction.
E. Developer has submitted a lighting plan for Said Plat showing all existing and
proposed lights. All light poles and exterior lights will be a 90 degree full cut-off.
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The lights shall be in substantially the same location, configuration and material as
shown on attached Exhibit E.
F. Developer shall submit a signage plan for Said Plat showing all existing and
proposed signs. All signs shall have white lettering with a dark background and
shall conform to the City's sign ordinance.
G. Developer has submitted a grading plan for Said Plat attached as Exhibit F.
Developer shall implement the grading plan in a manner that will minimize soil
eroSIOn.
H. 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 temporary
certificate of occupancy shall be issued if all on- and off-site improvements except
landscaping and sod have been installed. In such cases, the DeveloEer shall cause
the required landscaping and sod to be installed by the first June 30 following the
issuance of the occupancy permit.
3. Access. Access to Said Plat will occur off two locations of 60th Street North East both
of which shall be in substantially the same location, size and orientation as shown in
Exhibit B.
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 $72,020.00 representing the sum of 100% of the estimated cost of the
Municipal Improvements and the on and off-site improvements related to streets,
and 150% of the estimated cost for landscaping/screening materials $68.520.00.
For a total of $140,540.00. 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.
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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. 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.
5. Suretv Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal 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 Municipal Improvements and on-
and off-site 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:
1. When another acceptable letter of credit or surety is furnished to the City to
replace a prior letter of credit or surety.
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11. When all or a portion of the Municipal 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,
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 warranty letter of credit in the same amounts and duration as required for
the warranty letter of credit.
iii. 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 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 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.
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
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itself from said surety and/or assess the amount owed against any or all of the
Development without objection.
8. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the City's
Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance
currently requires the Developer to pay $1,400.00 per acre and $1,200.00 per acre
respectively, upon development of said Plat. There are 1.90 acres in said Plat which
received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line
Fees for all property receiving final plat approval is $4,940.00 ($2,660.00 in sewer fees
calculated as $1,400.00 x 1.90 acres and $2,280.00 in water fees calculated as
$1,200.00 x 1.90acres).
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 I. 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 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 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 ProDertv 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 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
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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 attorneys
fees incurred by the City as a result of such legal action.
12. Temporary Easement Ri2hts. 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. 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 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.
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 of this Agreement and prior to the start of any construction on
the Development, Developer shall provide the City with evidence of good and
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marketable title to all of the Development. 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 Wright County Soil and Water Conservation District and/or the
City and any applicable provisions of State or Federal law or regulations.
I. 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 100-year flood level of any adjacent
water body or wetland. If sufficient data on high water levels is not available, the
elevation of the line of permanent aquatic vegetation shall be used as the estimated
high water elevation. When fill is required to meet this elevation, the fill shall be
allowed to stabilize and construction shall not begin until the property has been
approved by the Building Inspector or a professional soils engineer.
K. Developer shall obtain all required driveway, utility and other permits as required by
either the City Engineer, Wright County and/or the State of Minnesota.
L. Developer shall construct at Developer's expense any improvements to Wright
County State Aid Highway No. 37 as may be required by the Wright County
Highway Department as a condition of plat approval.
14. Draw on Expirin2 Letter of Credit.
In the event a surety referred to herein is in the form of an irrevocable letter of credit,
which by its terms may become null and void prior to the time at which all monetary
or other obligations of the Developer are paid or completed, it is agreed that the
Developer shall provide the City with a new letter of credit or other surety,
acceptable to the City, at least forty-five (45) days prior to the expiration of the
expiring letter of credit. If a new letter of credit is not received as required above, the
City may 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
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surety for the continued obligation. The form of said irrevocable letter of credit must
be approved by the City Attorney prior to its issuance.
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 l5(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 l5A of this Agreement shall not apply to any acts or rights of the City
under paragraph 14 (F), 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 Contract by the Developer shall be grounds for
denial of building permits.
16. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and marketable
title to the Development, and upon completion of all construction work and
certification of completion by the City Engineer, shall dedicate all trail right-of-
ways to the City. Upon acceptance of dedication, Developer shall provide to the
City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any
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dedication shall occur upon passage of a resolution to such effect by the City
Council.
B. Park Dedication.
The Developer is required to pay a cash contribution of $14,250.00 in
satisfaction of the City's park and trail dedication requirements. This charge is
calculated as follows: 1.90 acres x $7,500 per acre = $14,250.00. Developer
shall pay this amount prior to the release of the final plat by the City.
17. Administrative Fee. A fee for City administration of this project shall be paid prior
to the City executing the Plat and this Agreement. Said fee shall be three percent
of the estimated construction costs of the Municipal Improvements within the Plat.
The administrative fee for this Plat is $2,160.60. Seventy-five percent of this fee
shall be paid upon issuance of the final Plat with the remaining twenty-five
percent of the fee to be paid upon substantial completion of the Municipal
Improvements.
18. Phased Development.
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.
19 . 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 attorney's fees. Third
parties shall have no recourse against the City under this contract.
20. Assie:nment of Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from its obligations under
this contract without the express written consent of the City Council through Council
resolution.
21. Limited Approval.
Approval of this Agreement by the City Council in no way constitutes approval of
anything other than that which is explicitly specified in this Agreement.
22. 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
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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.
23. 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.
24. Inte2ration Clause. Modification bv Written A2reement 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.
25. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the City
Clerk for the City) or registered mail addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Fax: (763) 497-3210
Blaine Rentals, LLC
C/o Thomas O'Brien
P.O. Box 284
St Cloud, MN 56302
Phone 320-252-4797
Fax 320-253-4991
26. Ae:reement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
BLAINE RENTALS, LLC
~ I? /Jr
By
Thomas 0 'Brien, Chief Manager
By ~cf1IY\ .~
Bridget Mil r Its Clerk
12
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this J 0 -6 day of
O~A ,2005, by Leroy Berning as acting Mayor of the City of Albertville,
a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
TINA LOUISE LANNES
NOTARY PUBLIC-MINNESOTA
,My Ctlmm. Exp. JaM, 31, 2009
~ /o.~ ~~
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _( 0 {l:. day of
L) ~ , 2005, 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.
~~k~
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this (()+b day of October,
2005, by Thomas O'Brien, as Chief Manager , of Blaine Rentals, LLC .
JIyi GJ~u'nI"DJ1rt+
Notary b ic
DRAFTED BY:
Couri, MacArthur & Ruppe,
P .L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
TORI l\NN LEONHARDT
'*OTAE" PU9UC.MINNESOTA
Comm Exp. Jan. 31,2009
13
I (763) 497-1930
14
EXHffiIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as
follows:
Lot 1, Block 1
All said property is located in the plat of Field Plaza, City of Albertville, County of Wright,
Minnesota.
15
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SUBORDINATION AGREEMENT
Date: September 30, 2005
FOR VALUABLE CONSIDERATION, the undersigned hereby subordinates the liens on
real property in Wright County, Minnesota, described as follows:
Lot 1, Block 1
All said property in the plat of Field Plaza according to the plat of record in the
office ofthe Wright County Recorder, County of Wright, Minnesota;
such liens are evidenced by the following mortgages executed by Blaine Rentals, LLC, a
limited liability company under the laws of the State of Minnesota, as mortgagor, to
BankVista, as mortgagee:
A mortgage dated June 17,2005, and filed for record June 28, 2005 as document
number 965205 in the office of the county recorder of Wright County, Minnesota;
and
A mortgage dated June 17,2005, and filed for record June 28, 2005 as document
number 965206 in the office ofthe county recorder of Wright County, Minnesota
to that certain document titled City Of Albertville Planned Unit Development
Agreement Field Plaza, subsequently filed for record as Document Number
in the Office of the County Recorder of the above County.
~..1f~,!!TA h..
~~ L a..._
By: S ~ .pCH., c:. F'r<2-a WI Q "1
Its: V I 'ce ~"'R 5 ,'det.1 t'
,.. STAIKOEMINNESOT A. )
7::' \ A~d. 1\ ) ss.
COUNTY OF~ )
BEVERLYJ.JERGENSON
NOTARY PUBLIC" MINNESOTA
MY COMMISSION EXPIRES
JANUARY 31,2010
1
THIS INSTRUMENT WAS DRAFTED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376-0369
(763) 497-1930
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