3.8. SR 12-15-2008REQUEST FOR ACTION
To Item Number
Ci Council 3.8.
Agenda Section Meeting Date Prepared by
Consent December 15, 2008 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Approve Amendment to Twin Lakes Estates Development
Agreement Reviewed by
Action Requested
Approve amendment to Development Agreement for Twin Lakes Estates 2nd addition as proposed.
Background/Discussion
The Twin Lakes Estates 2nd addition development agreement was made in June, 2005. Included in that
agreement was the provision of security for completion of the improvements of $1,200,000. Over the
years, as improvements have been made, the City reduced the letter of credit (LOC) to $300,000, which is
the lowest amount allowed per the agreement until the complete project is completed and accepted.
Over the last several months, the developers have worked to complete the project. Much of the project
has been completed. Remaining items include a portion of the following: second lift of asphalt, utility
services, sidewalks and some lot grading. The amount of work remaining has been estimated at $150,000.
Typically, the City would reduce the letter of credit to amount necessary to guarantee the work; however,
is prohibited from doing so due to the Development Agreement.
The LOC expires at the end of the year. The City can either draw on the LOC, or negotiate for a new
one. If the city were to draw on it, it would be responsible for completing the work. Because it is
generally in a City's best interest to have the development community complete its work, City staff,
including the City Engineer, City Attorney, City Finance Director and City Administrator have reviewed
the options and the following amendment to the development agreement is suggested:
Section 5.) (02) (ii): the security will not be released below One Hundred
Fifty Thousand and no/100 dollars ($150,000) until all improvements pursuant to
this agreement have been completed in full and all other obligations of developer
under this agreement have been fulfilled, including developers obligation to provide
buildable lots, install required landscaping improvements and to fulfill the
requirements of the wetland mitigation, if applicable.
All other details in the agreement remain in effect.
Financial Impact
None
S:\PLANNING MAIN\Case Files\Plat\P OS-07 Twin Lakes Est 2nd\Twin Lakes Estates DA amendment 12-08.doc
Attachments
^ Copy of Development Agreement dated June 27, 2005.
^ Proposed amendment
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\Plat\P OS-07 Twin Lakes Est 2nd\Twin Lakes Estates DA amendment 12-08.doc
Office of the County Recorder
Sherburne County, MN
Doc. No, 600877
Certified filed andlor recorded on
09-29-2005 at 09:30
ichelle Ashe, County Recorder
g~eputy Fee: ~ 46.00
DEVELOPER AGREEMENT
TWIN LADS ESTATES 2ND ADDITION
THIS AGREEMENT, made and entered into this '~'~day ~j~~-s 2005, by and between the
CITY OF ELI RIVER, a municipal corporation organized under the laws of the State of Minnesota (the
City), and Ryan Development, Inc., (the Developer).
WITNESSETH:
WHEREAS, the Developer has made application to the City for approval of a final plat of land
within the City described on Exhibit A attached hereto (the Subdivision); and
WHEREAS, the City Council adopted Resolution No. OS-69 on June 20, 2005, (attached as Exhibit
B hereto) granting final plat approval to the Subdivision, on the condition that Developer enter-into an
agreement with the City governing the provision of certain utilities, services and facilities to the Subdivision
and the transfer of certain land interests and payments to the City, so as to fully comply with the Subdivision
Ordinance;
NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions
hereinafter contained, it is hereby agreed as follows:
1.) Warrant~of Developer -Developer hereby warrants and represents to the Citp, as
inducement to the City's entering into this Agreement, that Developer is the fee owner of the Subdivision.
2.) Improvements - In accordance with the application materials submitted by Developer, the
preliminary and final plats of the Subdivision, the City Council Resolution attached as Exhibit B hereto, and
the applicable standards and ordinances of the City, the following described improvements (the
Improvements) shall be constructed and installed on the terms and conditions hereinafter contained:
(01) _ Site grading to elevations shown in the approved grading and drainage plan and construction
of retaining walls (Site Grading);
(02) Streets, as required by the City, including grading, graveling and stabilizing, constructing and
sodding of berms, swales and boulevards, planting trees on boulevards, permanent street surfacing
with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing
Deve{oper Agreement
Twin Lakes Estates 2"d Addition
Page 2
street signs as required the City Engineer and installing street lights as required by the local utility
(Street Improvements) ;
(03) Sidewalks as required by the City (Sidewalk Improvements);
(04) Storm sewers, as required by the City, including all necessary catch basin, ditches, inlets,
retention areas and other appurtenances (Storm Sewer Improvements) ;
(OS) Sanitary sewer laterals or extensions, as required by the City, including all necessary building
services and other appurtenances (Sanitary Sewer Improvements) ;
(06) Watermain laterals or extensions, as required by the City, including all necessary building
services, hydrants, valves and other appurtenances (Watennain Improvements) ;
(0'~ Wetland mitigation measures as required by the U.S. Army Corps of Engineers, the
Department of Natural Resources and/or the Wetland Conservation Act (Wetland Mitigation);
(08) Boulevard and front yard trees as required by City Ordinance and any additional landscape
improvements required by the City (Landscape Improvements).
(09) Park and trails, as required by the City, including all park grading, removal of specified
vegetation, pavement of trails, and installation of park and trail signs including Park
boundary markers (5-foot steel posts) at all lot corners that border park property or City
owned outlots (Park and Trail Improvements).
(10) Temporary and permanent erosion and sediment control measures as required by the
approved Storm Water Pollution Prevention Plan (SWPPP).
3.) Installation of Developer Installed Improvements -The following
Improvements will be installed at Developer's expense by Developer as hereinafter provided.
(01) T es -Developer will construct and install at Developer's expense the following Developer
Installed Improvements according to the following terms and conditions:
Description of Improvement
Site Grading
Street Improvements
Sidewalk Improvements
Storm Sewer Improvements
Sanitary Sewer Improvements
Water Main Improvements
Wetland Mitigation
Landscape Improvements
Park and Trail Improvements
Temporary and Permanent Erosion
- and Sediment Control Measures
Total Estimated Costs of Improvements: $1,200,000
(02) Completion Date -All Developer Installed Improvements shall be completed not later than
August 1, 2006.
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Developer Agreement
Twin Lakes Estates 2"d Addition
Page 3
(03) Approval of Contractor -The City reserves the right to approve any contractor selected by
the Developer.
(04) Construction Plans -The construction, installation, materials and equipment shall be in
accordance with plans and specifications approved by the City Engineer. Such plans and
specifications shall be based upon such engineering surveys, including soil borings and material tests,
determined to be necessary by the City Engineer.
(05) Supervision and Citv Services -Construction and installation plans and activity shall be
reviewed by and subject to the supervision of the City. Developer will cause the contractor(s)
inform the City's representatives of the schedule to complete the Improvements as required in the
approvals. City shall inspect all Improvements during and after construction for compliance with
approved specifications. Developer will notify the City Engineer or his designee at such times
during construction as the City Engineer requires for inspection purposes.
(06) Easements -The Developer shall convey to the City, prior to the final approval of plans and
specifications and at no cost to the City, all permanent and temporary easements for the installation
and maintenance of Developer Installed Improvements determined to be necessary by the City. All
such easements shall be in recordable form acceptable to the City and contain such terms and
conditions as the City may prescribe.
(07) Insurance -Developer shall cause each contractor engaged in the construction and
installation of any Improvement to furnish the City with evidence acceptable to the City showing
insurance coverage (including workers' compensation, liability and property damage) in such
amounts as are required for City construction contracts. Such evidences shall be furnished at the
time of the preconstruction meeting for the Improvements. Developer shall also maintain adequate
liability insurance for public use of Developer Installed Street, Sidewalk and other Improvements
until such time as those Improvements are completed and accepted by City as provided herein, and
shall hold the City harmless and indemnify the City from any liability arising out of the public's use
of said Developer Installed Improvements until such time as those Improvements are completed
and accepted by the City as provided herein.
(08) Faithful Performance of Construction Contracts -Developer will fully and faithfully
perform the installation and construction of Developer Installed Improvements in accordance with
the approved plans and specifications therefore and shall comply with aIl terms of any and all
contracts entered into by the Developer for the installation and construction of all such
Improvements, at no expense to the City. Developer hereby guarantees the workmanship and
materials respecting such Improvements for a period of one (1) year following the City's acceptance
of the Improvements and agrees to repair or replace, as directed by the City, and at Developer's sole
cost and expense, any work or materials that become defective, in the sole opinion of the City, within
said one (1) yeas period even though notice thereof be given by the City after said one (1) year
period.
(09) Ci , Acceptance -The City shall accept, at no cost, ownership of all Developer Installed
Improvements provided that such Improvements have been constructed in compliance with the
plans and specifications therefor and City requirements with respect thereto as determined by the
City.
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Developer Agreement
Twin Lakes Estates 2"d Addition
Page 4
4.) Payment of Citv Costs and Fees -Developer shall reimburse the City for all of the City's
costs and fees in the processing of the Subdivision, for review of the plans and specifications, and other fees
as detailed below:
01) Engineering,Fees -Developer shall reimburse the City for the cost of reviewing the plans
and specifications of the improvements. Reimbursement shall be due and payable to the City within
Thirty (30) days following receipt of an invoice.
02) Engnneering Escrow -Developer shall provide an escrow for construction observation in
the amount of Five (5) percent of the Estimated Costs of Improvements prior to commencement of
said Improvements. The escrow shall be in the amount of Sixty Thousand and no/100 dollars
($60,000). Said escrow may also be used by the City, at the City's sole discretion for payment of
unpaid engineering fees. Once the escrow is depleted, Developer shall reimburse the City for
construction observation. Reimbursement shall be due and payable to the City within Thirty (30)
days following receipt of an invoice.
(03) Sealcoatin~ -Developer shall pay the City for the first sealcoating of streets in the
Subdivision in the amount of Ten Thousand One Hundred and no/100 dollars ($10,100) prior to
the City releasing the final plat for recording.
(04) Water Availability Charges -Developer shall pay Water Availability Charge in the amount of
Twenty Thousand Four Hundred and no/100 dollars ($20,400),($300.00 per lot) prior to the City
releasing the final plat for recording.
(OS) Surface Water Management Fee -Developer shall pay surface water management fees in the
amount of eleven Thousand One Hundred Seventy Eight and 52/100 dollars ($11,178.52), ($164.39
per lot) for each lot in the Subdivision prior to the City releasing the final plat for recording.
(06) Park Dedication -Park dedication requirements shall be satisfied by paying the specified
amount required by the City at the time of final plat approval. A fee shall be paid in the amount of
$136,752, prior to releasing the final plat for recording. If the approval required that park dedication
be paid in both land and cash, the land to be dedicated to the City shall be described as Outlot E,
Twin Lakes Estates 2nd Addition.
(07) Attorney's Fees -Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcement of this contract, or any portion thereof, including court costs and reasonable
engineering and attorney's fees.
5.) Security for Developer's Performance -
(01) No work shall be commenced under this Agreement, and the Final Plat of the Subdivision
will not be executed by the City or released fox recording, until the Developer has filed with the City
a cash deposit or an irrevocable and unconditional Letter of Credit acceptable to the City, in the
amount of One Million Two Hundred Thousand and no/100 dollars ($1,200,000). Said amount
shall be One Hundred (100) percent of the amount noted in Section 3.01 Said Letter of Credit shall
also provide that funds shall be paid to the city upon written demand of the city to the extent of
default herein by Developer in the payment of any amount due or the performance of any other duty
or obligation of Developer pursuant to this Agreement, including Developer's obligations to
complete Developer Improvements, to complete on-site Landscape Improvements, and to make
payment of special assessments levied pursuant hereto, whether accelerated or otherwise.
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Developer Agreement
Twin Lakes Estates 2"d Addition
Page 5
(02) The security provided in accordance with the above shall be released after the developer has
submitted a request to release the security in writing to the City Engineer and/or his designee, and at
the City's sole discretion. The amount released will equal the amount of work completed by the
Developer except that:
(i) the security will not be released to an amount less than the amount of Developer's
total indebtedness, including outstanding City fees,. to the City pursuant to the terms
of this Agreement, including the total assessments, interest, and penalties
outstanding at the release date; and,
(ii) the security will not be released below Three Hundred Thousand and no/100
dollars ($300,000), Twenty-five (25) percent of the original amount until all
Improvements pursuant to this Agreement have been completed in full and all
other obligations of Developer under this Agreement have been fulfilled, including
Developer's obligation to install required Landscaping Improvements and to fulfill
the requirements of the Wetland Mitigation, if applicable.
6.) Additional Conditions -Developer specifically agrees to each of the Twenty Five (25)
conditions attached as Exhibit B to City Council Resolution No. OS-69 (attached as Exhibit B to this
Agreement), which conditions are hereby specifically incorporated into this Agreement and made a part
hereof. Developer also agrees to the following conditions:
(01) Development Plan - A development plan shall be submitted by Developer and approved by
the City Engineer or his designee prior to issuance of any building permit within the Subdivision.
Tlie development plan will identify, for each lot in the Subdivision those items noted on the checklist
attached as Exhibit C to this Agreement. Approval of the development plan may be contingent
upon soil borings, verifying elevations, and compaction tests for proposed house pads. Said soil
borings and compactions tests are Developer expenses.
(02) Additional Regulatory Approvals -All additional regulatory approvals required for
construction of the Improvements or development of the Subdivision shall be obtained before
commencement of construction on the Improvements. Additional approvals may include but are
not limited to the Department of Health permits for the extension of water; Minnesota Pollution
Control Agenry permits for the extension of sanitary sewer or cluster on-site treatment systems;
National Pollutant Discharge Elimination System permits for grading; Department of Natural
Resources permits for water appropriations; and/or Army Corps of Engineers permits for
construction of sedimentation ponds.
(03) Wetlands - If the Developer proposes the filling of wetlands in connection with
development of the Subdivision, final plat approval is contingent upon, and the final plat shall not be
recorded until, receipt of necessary permits from appropriate regulatory agencies to fill wetlands as
proposed by the Developer and approval by the Technical Evaluation Panel of the proposed
mitigation plan for wetlands filling. If these permits are denied, or approval of the wetland permit
and mitigation plan is subject to conditions which significantly impact the Subdivision, the final plat
for the Subdivision shall be resubmitted to the City Council for consideration of changes required
for the wetland approvals.
(04) _ National Pollutant Discharge Elimination System Requirements -Developer shall provide a
signed Storm Water Pollution Prevention Plan for City review and approval to control erosion from
the site. If the site is over One (1) acre, the Developer shall also apply for an NPDES permit from
the Minnesota Pollution Control Agenry.
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Developer Agreement
Twin Lakes Estates 2"d Addition
Page 6
(05) Surve~Monuments -Durable iron survey monuments shall be set, pursuant to Minnesota
Statutes, Section 505.02, Subd. 1, within one (1) pear after recording of the final plat of the
Subdivision. Developer shall provide in writing notice to the City a Surveyor's certification that all
monuments have been set. A portion of the Security provided pursuant to paragraph 9 of this.
Agreement shall be retained by the City until the City Engineer has inspected the Survey Monuments
and confirmed that they have been set as required by Minnesota Statutes.
(06) Street Constructiori - No street contruction will be allowed after November 1 or prior to
Map 15 unless approved by the City Engineer.
(0~ Snowplowing -Until the Improvements are accepted by the City or the first lift of blacktop
is installed, the developer is responsible for snow removal and ensuring access by Emergency
Response equipment.
7.) Issuance of Building and Occupancy Permits -
(01) Building Permits -The City will not issue any building permit (a permit issued for
construction of a structure to be sold and occupied by a new owner) fox any lot or parcel in the
Subdivision until all small and large utilities are installed and streets are paved with the first lift of
pavement. In the event that paving has not been completed, model permits (a permit issued for
construction of a structure to be shown for the purposes of making a sale) map be issued at the
City's discretion fox lots adjacent to streets that have been graveled provided that the Developer
maintains access suitable for emergency vehicle access to the lots at all times. The City, in its sole
discretion, may require anp or all of the gravel to be removed and replaced prior to paving.
(02) Occupancy Permits -City will not issue a certificate of occupancy (said certificate will allow
the structure to be transferred to a new owner for the purpose of permanent occupanry) for any
building constructed on any lot or parcel in the Subdivision until all Improvements except the final
lift of blacktop are completed, approved by the City Engineer and accepted by the City. Temporary
certificates of occupancy will be issued for sites with model permits; however, such certificates will
not allow the structure to be transferred to a new owner for the purpose of occupanry.
(03) Notice to Homebuyers - If the Developer fails to comply with any of provisions of this
Agreement, the City map refuse to issue a building permit or certificate of occupancy for any lot or
parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the
Subdivision of the existence of this contract and the obligations and restrictions created herein prior
to the completion of the sale. Further, Developer agrees to save and hold Ciry harmless from any
and all claims or actions arising from the right to withhold the issuance of such permits and
certificates and from other provisions hereof. Temporary Certificates of Occupancy will be issued
for sites with model permits for showing only, not temporary or permanent occupancy.
8.) General Provisions -
(01) Binding Effect -The terms and provisions hereof shall be binding upon, and inure to the
benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding
upon all future owners of all or part of the Subdivision and shall be deemed covenants running with
the land. References herein to Developer, if there be more than one, shall mean each and all of
them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers
and encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall be paid by
the Developer.
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Developer Agreement
Twin Lakes Estates 2"" Addition
Page 7
(02) Severable - In the event that any portion of this Agreement shall be held invalid for any
reason, the same shall not affect in any respect whatsoever the validity of the remainder of this
Agreement.
(03) Waiver -Any waiver, whether express or implied, by any party of a breach of any provision
of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of
this Agreement.
(04) Notices -All notices and demands specified herein shall be deemed appropriately and timely
given when delivered personally or deposited in the United States mail to the addresses hereinafter
set forth by certified mail (return receipt requested). The addresses of the parties hereto are as
follows until changed by written notice given as above:
If to the City at: City of Elk River
Attn: City Administrator
P.O. Box 490
1.3065 Orono Parkway
Elk River, Minnesota 55330
If to the Developer at: Ryan Development Inc.
8700 13~ Avenue East
.Shakopee, MN 55379
(05) Final Plat Apnrwal -The City's final approval of the Subdivision plat is hereby made
conditional upon the execution and delivery of this Agreement and the City's receipt of all petitions,
security and other items specified herein.
(06) Filing of Final Plat and Developer A *g_reement -Before construction commences on the
Improvements, the Final Plat of the Subdivision and this Developer Agreement must be filed and
recorded and all necessary easements shall have been conveyed to the City, unless the City authorizes
in writing the commencement of limited construction activities.
(07) Deadline for Performance by Developer - Except as otherwise provided herein, Developer
agrees to complete all Developer Installed Improvements and perform all other acts as axe required
by the Subdivision Ordinance, other applicable ordinances and the terms and conditions of the
Subdivision approval established by the City and to do so on or before August 1, 2006.
(08) Incorporation by Reference -All plans, special provisions, proposals, specifications and
contracts for the Improvements to be made pursuant to this Agreement. shall be and hereby are
made a part of this Agreement by reference as fully as if set forth herein in full.
(09) No Replacement -This Agreement is in addition to and is not in replacement of the terms
and conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and
Right to Object relating to the Subdivision executed by Developer.
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Developer Agreement
Twin Lakes Estates 2"d Addition
Page 8
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed
on this dap and year first above written.
CITY OF ELK RNER
By:. ~ J `
Ste hanie Klinzin
Its: Mayor
o Schmidt
I .City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE
OWNER OR MORTGAGE HOLDER
~~
The foregoing instrument was acknowledged before me this ~ day of~ by Stephanie
K]inzing and Joan Schmidt, the Mayor and City Clerk, respectiv ' ;~ for the City , IVlinnesota.
~~
Not
TINA M. ALLARD
STATE OF MINNESOTA ) NOTARY PUBLIC - MINNE50TA
)ss. ; ,' My Commission Jan, 31, 201U
COUNTY OF SHERBURNE ) _
The foregoing instrument was acknowledged bef6re e this ~ dap of `J~%+- ,l?005, by Thomas J.
Ryan, President, Ryan Developmen, Inc. j~''
~~ ~~~~
Notary ublic ~ `
This instrument was drafted by:
The City of Elk Rivex
13065 Orono Parkway
Elk River, MN 55330
.r~ _, jjj~~~~'
`~, ~~~
`~.; ~ DENNIS RAY GRISWDLD
NOTARY PUBLIC • L1INNESOTA
t.ly Comm. Expires Jan. 31.2009
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DEVELOPER AGREEMENT
TWIN LAKES ESTATES 2ND ADDITION
AMENDMENT #'1
This amendment pertains to the Development Agreement dated June 27,
2005 between the City Of Elk River and Ryan Development, recorded as
Document Number 600877.
Section 5.) (02) (ii): the security will not be released below One
Hundred Fifty Thousand and no/100 dollars ($150,000) until all
Improvements pursuant to this agreement have been completed in full and
all other obligations of Developer under this Agreement have been fulfilled,
including Developers obligation to provide buildable lots, install required
Landscaping Improvements and to fulfill the requirements of the Wetland
Mitigation, if applicable.
All other provisions outlined in the original agreement remain in full force and
effect.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly
executed on this day and year first above written.
CITY OF ELK RIVER
By:
Stephanie Klinzing
Its: Mayor
By:
Tina Allard
Its: City Clerk
DEVELOPER:
By:
STATE OF MINNESOTA
COUNTY OF SHERBURNE
ss.
Tom Ry an
Its: President
The foregoing instrument was acknowledged before me this
day of , 2008, by Stephanie Klinzing and Tina Allard, the Mayor and City Clerk,
respectively, fox the City of Elk River, Minnesota.
Notary Public
STATE OF MINNESOTA
COUNTY OF SHERBURNE
ss.
The foregoing instrument was acknowledged before me this
day of , 2008, by Tom Ryan
Notary Public
This instrument was drafted by:
The City of Elk River
13065 Orono Parkway
Elk River, MN 55330
t
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>evelaper ~.reernent ~rit~~in ~~ tin~efiame pravided~ Ity shall have the ~•iht to draw an the
existing deer a~ c~~edit in the amount a~ ~ 0~OaD and eitbe~• bald ti~at n~aney until Deveio~cr has
can~pieted the ~n~~rave~~ents as ~•ec~uired by ~i~e ~eve~a~e~ ~.~~•een~ent ar proceed ~~ ca~nple~e
tine In~~~•a~e~~nen~s ~te~, a~sa a ~~ovided in the eve~aper 1~~I'een~en~.
~. In aid a~i~e~• ~~c~ec~s, ~l~e te~•~x~s and candi~ians al~ti~e e~tela~er ~.~•een~e~~t ~~ali
~•en~ain in 1~uli farce and eec~,
~ ~VI"~`N V~R.~, the ~~~~ and ~eveioper ha~~e ca~~scd ~~~~ ~.~~•en~en~ to be d~~iy
exec~~~ed an phis day and year first agave ~vri~~en.
~y;
~cl~anie I~~in~in~
Its: agar
~y:
Tina Allard
I~s~ ~i~y~ ~le~~l~
~.
~~~~~~~~
'~~on~as ~. Ryan
its: ~'res~den~
STATE OF M1NN~SOTA )
)ss
COUNTY QF SHERBURNE )
the ~o~~e~ai~~ instr~.n~ent vas aci~no~leded bei'arc ~~~~ this ~ day of Decen~ber•,
?~08, by te~hanie ~inin and ~'ina A~Ia~~d, tl~e layar anal icy e~i~, res~ectiveiy, for ~~~
pity of l~lk River, Il~ii~esata~
Nata~y ~'~~biic
STATE Off' MINNESOTA )
)ss
COUNTY OF SHERBURNE)
~' ~o~~~o~n zn~~~,~n~ ~ c~~~v~~d~~d ~~~~ ~ ~ht ~ ~a~ o ~c~n~6~~,
?~~8} ~~ ~~~aas ~. y~~,
a~a~y P~lb~~~
~P:?~9 ~ s 17 ~r 1