HomeMy WebLinkAbout4th Amendment CBBC dev agrmt_recordedDoc No A10120033
Certified, filed and/or recorded on
Sep 23, 2014 11:09 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McMormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 84 Pkg ID 1155450E
Doc Name: Amendment
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
Doc No T05201445
Certified, filed and/or recorded on
Sep 22, 2014 3:04 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 84 Pkg ID 1155125E
Doc Name: Amendment
Document Recording Fee $46.00
Multiple Certificates Affected $40.00
Fee
Document Total $86.00
Existing Certs New Certs
1348653
1348700
1351279
This cover sheet is now a permanent part of the recorded document.
(Reserved for recording)
FOURTH AMENDMENT
TO
DEVELOPMENT AGREEMENT
CRYSTAL BAYBUSINESS CENTER
(INCLUDING PROPERTY WITHIN CRYSTAL BAYBUSINESS CENTER 2" ADDITION
THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
("Amendment") dated September 9 2014, is by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City"), RYAN COMPANIES US, INC., a
Minnesota corporation ("Developer") and PINE CORNER PROPERTIES, LLC a Minnesota
limited liability company ("Pine Corner") and ORONO MINI STORAGE, LLC, a Minnesota
limited liability company ("Orono Mini Storage").
RECITALS
A. The City and Developer entered into a Development Agreement for platting and
development of Crystal Bay Business Center dated December 5, 2007, filed December 27, 2007,
with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No.
4457476 and recorded December 27, 2007 with the Office of the County Recorder for Hennepin
County, Minnesota as Document No. 9079458, as amended by a Second Amendment to
Development Agreement dated September 26, 2011, filed December 30, 2011, with the Office of
the Registrar of Titles for Hennepin County, Minnesota as Document No. T4914548 and
recorded December 30, 2011 with the Office of the County Recorder for Hennepin County,
Minnesota as Document No. A9732423, and as amended by an Amendment to Development
Agreement dated March 6, 2014, filed March 28, 2014 with the Office of the Registrar of Titles
for Hennepin County, Minnesota as Document No. T05161145 and recorded April 24, 2014 with
the Office of the County Recorder for Hennepin County, Minnesota, as Document No.
At 0073102 (collectively, as amended, "Development Agreement");
1738649
B. A First Amendment to Development Agreement was never fully executed or
recorded;
C. Lots 1 and 2, Block 1, Crystal Bay Business Center, Hennepin County, Minnesota
were subsequently replatted as Lots 1 and 2, Block 1, Crystal Bay Business Center 2nd Addition,
Hennepin County, Minnesota;
D. On December 22, 2011, Developer conveyed to Pine Corner, Lot 2, Block 1,
Crystal Bay Business Center 2n4 Addition, Hennepin County, Minnesota, according to the
recorded plat thereof, pursuant to a Limited Warranty Deed recorded December 30, 2011 with
the Office of the Registrar of Titles for Hennepin County, Minnesota, as Document No.
T4914554;
E. On May 30, 2012, Developer conveyed to Pine Corner, Lot 1, Block 1, Crystal
Bay Business Center 2°a Addition, Hennepin County, Minnesota, according to the recorded plat
thereof, pursuant to a Limited Warranty Deed recorded June 5, 2012 with the Office of the
Registrar of Titles for Hennepin County, Minnesota, as Document No. T4960953 and recorded
June 5, 2012 with the Office of the County Recorder for Hennepin County, Minnesota, as
Document No. A9797647;
F. On March 29, 2012, Developer conveyed to Orono Mini Storage a portion of the
property within the development legally described as Lot 3, Block 2, Crystal Bay Business
Center, according to the recorded plat thereof, Hennepin County, Minnesota, pursuant to a
Limited Warranty Deed recorded April 2, 2012 with the Office of the Registrar of Titles for
Hennepin County, Minnesota as Document No. T4941005;
G. The Developer, Pine Corner and Orono Mini Storage have requested that the City
undertake the construction, installation and maintenance of a public trail proposed under the
terms of the Development Agreement and the City is willing to assume the obligation. Pine
Corner and Orono Mini Storage shall provide to the City a 10 foot trail easement pursuant to the
terms of this Contract and the approved Easements;
H. Pine Corner has agreed to share in certain costs of the construction of Orono
Industrial Boulevard abutting Lot 1, Block 1 Crystal Bay Business Center 2nd Addition, Lot 1,
Block Crystal Bay Business Center and Lot 3, Block 2 Crystal Bay Business Center, and to
provide a portion of the security therefor required by the City.
NOW, THEREFORE, in consideration of the covenants and undertakings contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. AMENDMENT OF PARAGRAPH 7A OF THE DEVELOPMENT
AGREEMENT. Paragraph 7A of the Development Agreement is hereby amended to provide
that Developer and Pine Corner shall be responsible for installation and payment of all costs for
Orono Industrial Boulevard based on the following pro -rations: (i) Developer at 75% and (ii)
Pine Corner at 25%. Orono Mini Storage shall not be responsible for costs associated with the
173864v9
initial installation and construction of Orono Industrial Boulevard.
2. AMENDMENT OF PARAGRAPH 16 OF THE DEVELOPMENT
AGREEMENT. Paragraph 16 of the Development Agreement is deleted in its entirety and
restated to read as follows:
16. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Development Agreement, payment of the costs of all Public Improvements and
construction of all remaining Public Improvements, the Developer and Pine Corner shall each
furnish the City with a Letter of Credit, in substantially the form attached hereto, from a bank
("security"). The Letter of Credit required for each entity shall be based on updated costs of
Public Improvements from the original Development Agreement with contingency amounts and
the appropriate pro rata shares for the cost of Orono Industrial Boulevard pursuant to Paragraph
1 as follows:
Public Improvements Developer Pine Corner
Lot 1, Block 1 $ 73,137.50
Lot 1, Bock 2 $ 40,870.00
Orono Industrial Boulevard $247,051.88 $ 82,350.63
(75% Developer and 25% Pine Corner)
TOTAL COST $320,189.38 $123,220.63
SECURITY AMOUNT (x125%) $ $400,346.73
$154,025.79
The construction of Orono Industrial Boulevard shall be constructed in a manner consistent with
applicable law.
The Letters of Credit for Developer and Pine Corner currently held by the City shall be
replaced with new Letters of Credit in the amounts provided this Paragraph.
The breakdown provided above is for historical reference; it is not a restriction on the use of the
security. The bank and the form of security shall be subject to the approval of the City
Administrator. In the event Developer or Pine Corner default under their respective obligations
under the Development Agreement, as hereby amended, the City may draw down the security,
after notice, for any violation of the terms of the Development Agreement, subject to the cure
periods provided in this Development Agreement. If the required Public Improvements are not
completed at least thirty (30) days prior to the expiration of the security, or the City receives a
notice of non -renewal of a letter of credit from the issuer thereof, the City may also draw it down
and hold the funds as a cash escrow to secure compliance by the Developer or Pine Corner.
With City approval, which shall not be unreasonably withheld, conditioned or delayed, the
security may be reduced from time to time as financial obligations are paid, but in no case shall
the security be reduced to a point less than 10% of the original amount until (1) all improvements
173864v9
have been completed, (2) all financial obligations to the City satisfied, (3) the required "record"
plans have been received by the City, and (4) a warranty security is provided, an (5) the public
improvements are accepted by the City. The warranty bond shall have a duration of twenty-four
(24) months.
3. AMENDMENT OF PARAGRAPH 20(I) OF THE DEVELOPMENT
AGREEMENT. Paragraph 20(1) of the Development Agreement is deleted in its entirety and
restated to read as follows:
Contemporaneously with this Amendment, Pine Corner and Orono Mini Storage
shall execute the Permanent Easement Agreements attached hereto as Exhibits A
and B granting the City a 10 foot wide public trail easement along Wayzata
Boulevard. The City, at its sole cost and expense, will construct, install, and
maintain a bituminous trail within the easements located on the Pine Corner and
Orono Mini Storage properties, built to City specifications at a time determined
by the City. The City shall indemnify and hold Pine Corner and Orono Mini
Storage harmless from any and all liability of whatever nature, arising from the
maintenance and use of such trail, excluding willful or negligent actions by Pine
Corner or Orono Mini Storage, their officers, employees, agents, invitees and
assigns.
4. REPRESENTATIONS OF DEVELOPER. Developer hereby represents and
warrants that (a) the Development Agreement is in frill force and effect, (b) there are no known
defaults by the Developer or the City under the Development Agreement, (c) Developer has
performed all of its obligations, has provided all letters of credit, cash deposits, surety bonds and
other security required by the Development Agreement, and has paid all sums due under the
Development Agreement which are required to be performed or paid as of the date hereof, and
(d) Developer has obtained all consents and approvals of the City under the Development
Agreement, required prior to the date hereof.
5. INCORPORATION OF RECITALS. The above Recitals are hereby
incorporated as a material part of this Amendment with the same force and effect as if restated in
full in this Paragraph.
6. RATIFICATION. Except as provided herein, all terms and provisions of the
Development Agreement, as amended, shall remain in full force and effect.
7. COUNTERPARTS. This Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original and together which shall constitute
on and the same Amendment.
[Remainder of Page Intentionally Left Blank.]
[Signature Pages Follow.]
4
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IN WITNESS WHEREOF, this Fourth Amendment to Development Agreement was
executed by the parties the day and year first above written.
CITY:
CITY OF ORONO
By: JtK I ja -
Lili Tod McMillan, Mayor
;n
And
Rachel Dodge, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF IIENNEPIN )
The foregoing instrument was acknowledged before me this , �: day o£
20 I `� , by Lili Tod McMillan and by Rachel Dodge, the Mayor and City &A jk6mxj�llp
Clerk a the City of
Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notary Public
' ll../".i.JY_,r!✓Jl..r..rlflllJ./✓./Yl..r✓,lJl
5
1739649
DEVELOPER:
RYAN COMPANIES
By:
Name:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing inst
20 jq, by
of Ryan mpanies US, Inc., a
Notary
y�rne,a.4r�, JUDY A. MERMANSON
Notary Public -Minnesota
'ar4ii My Commission Expires Jan 31, 2015
6
173864v9
INC.
ed before me this ljj day of
the 2 � Q
on behalf of the corporation.
PINE CORNER:
PINE CORNER PROPERTIES, LLC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this JDA day of
_�u ! , 201, by Amtro, I. :5 Sdaa ,the � �r[—Pres"d.,t
ofPine�er Properties, LLC, a Minnesota limited liability company, on its behalf.
��
Notary Public
Donna J. Foss
Notary Public
y= Minnesota
My Commission Expires January 31, 2015
ORONO MINI STORAGE LLC
By:
Michael J. eeland, Its Manager .
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
20($, by Michael J. Seeland, the Manager of Orono Mini Storage LLC, a
MinnesW limited liability company, on behalf oft company.
7BE
�AA. LHE^e
R Not Pu lic
lic-Minnesota
Mxpires Jan 31, 2015
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
[SMM/AMPI
1738649
EXHIBIT A
TO FOURTH AMENDMENT
(reserved for recording information)
GRANT OF PERMANENT EASEMENT
FOR PUBLIC TRAIL PURPOSES
PINE CORNER PROPERTIES, LLC, a Minnesota limited liability company, hereinafter
referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto
the CITY OF ORONO, a municipal corporation organized under the laws of the State of
Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a
permanent easement for public trail purposes over, across, on, under, and through land situated
within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" and
depicted on the attached Exhibit "B".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public trail system over, across, on, under, and through the easement premises,
together with the right to grade, level, fill, drain, excavate and pave the easement premises, and the
9
173864v9
further right to remove trees, bushes, undergrowth, and other obstructions interfering with the
location, construction, and maintenance of said public trail systems. In addition, the City agrees to
the following:
1. The City shall defend, indemnify and hold harmless Grantor, its directors, officer,
employees and agents from and against any and all claims, demands, judgment, lawsuits, costs and
expenses arising from or growing out of the entry upon, construction, use or occupancy of the
property subject to the Easement, excluding intentional or negligent acts by Grantor, its officers,
employees, agents invitees and assigns; and
2. The City will be responsible for construction, replacement, maintenance and upkeep of the
public trail it places in or upon the easement premises. The City will install landscaping within the
easement premises consistent with the approved plans and specifications for the public trail.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises;
that it has the sole right to grant and convey the easement to the City; that there are no unrecorded
interests in the easement premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this
day of , 2014
GRANTOR:
PINE CORNER PROPERTIES, LLC
U51M
Its
10
173864v9
STATE OF MINNESOTA
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2014, by the of
Pine Corner Properties, LLC, a Minnesota limited liability company, on behalf of the company,
the Grantor.
Notary Public
11
173864v9
GRANTEE:
CITY OF ORONO
And
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
Lili Tod McMillan, Mayor
Rachel Dodge, City Clerk
The foregoing instrument was acknowledged before me this day of ,
20 , by Lili Tod McMillan and by Rachel Dodge, the Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
13 80 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SN%Vjmo
12
1738649
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
A permanent easement for public trail purposes over, under, on and across the northerly ten (10')
feet of the following described property:
Lot 2, Block 1, Crystal Bay Business Center 2nd Addition, except that part embraced within Lot
4, Block 1, Van Dale Addition, Hennepin County, Minnesota.
[Abstract Property]
Lot 2, Block 1, Crystal Bay Business Center 2nd Addition, embraced within Lot 4, Block 1, Van
Dale Addition, Hennepin County, Minnesota.
[Torrens Property]
13
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EXHIBIT 6613"
to
GRANT OF PERMANENT EASEMENT
ATTACH EASEMENT SKETCH HERE
14
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MORTGAGE HOLDER
CONSENT TO EASEMENT
BREMER BANK, N.A., a national banking association, which holds two mortgages on all
or part of the property more particularly described in the foregoing Grant of Permanent Easement
for Public Trail Purposes, which first mortgage was dated December 30, 2011 and recorded
December 30, 2011 as Document No. A9732430 with the office of the County Recorder for
Hennepin County, Minnesota, and as Document No. T4914555 with the office of the Registrar of
Titles for Hennepin County, Minnesota, and which second mortgage was dated December 30,
2011 and recorded December 30, 2011 as Document No. A9732431 with the office of the
County Recorder for Hennepin County, Minnesota, and as Document No. T4914556 with the
office of the Registrar of Titles for Hennepin County, Minnesota, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in,
consents, and is subject to the above referenced Grant of Permanent Easement.
Bremer Bank, N.A.
M.
STATE OF MINNESOTA )
ss.
COUNTY OF )
Chris Bohl, Its Senior Vice President
The foregoing instrument was acknowledged before me this day of ,
20 by Chris Bohl, the Senior Vice -President of Bremer Bank, N.A., a national banking
association, on its behalf.
Notary Public
DRAFTED BY:
CAMPBELL VII TON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/jmo
15
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MORTGAGE HOLDER
CONSENT TO EASEMENT
UNITED STATES SMALL BUSINESS ADMINISTRATION, an Agency created by an
Act of Congress (Small Business Act, as amended) which holds a mortgage on all or part of the
property more particularly described in the foregoing Grant of Permanent Easement for Public
Trail Purposes, which mortgage was originally in favor of SPEDCO dated September 5, 2012
and recorded October 3, 2012 as Document No. A9853279 with the office of the County
Recorder for Hennepin County, Minnesota, and recorded October 24, 2012 as Document No.
T5010745 with the office of the Registrar of Titles for Hennepin County, Minnesota. Said
mortgage was assigned to the United States Small Business Administration pursuant to an
Assignment dated September 5, 2012 and recorded October 3, 2012 as Document No. A9853280
with the office of the County Recorder for Hennepin County, Minnesota, and recorded October
24, 2012 as Document No. T5010747 with the office of the Registrar of Titles for Hennepin
County, Minnesota. For good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, United States Small Business Administration does hereby join in,
consents, and is subject to the above referenced Grant of Permanent Easement.
United States Small Business Administration
L-2
STATE OF )
) ss.
COUNTY OF )
Its
The foregoing instrument was acknowledged before me this
20_ by
of United States Small Business Administration,
created by an Act of Congress (Small Business Act, as amended), on its behalf
Notary Public
DRAFTED BY:
CAMPBELL KNu TsoN
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/jmo
16
173864v9
day of
the
an Agency
EXHIBIT B
TO FOURTH AMENDMENT
(reserved for recording information)
GRANT OF PERMANENT EASEMENT
FOR PUBLIC TRAIL PURPOSES
ORONO MM STORAGE LLC, a Minnesota limited liability company, hereinafter
referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto
the CITY OF ORONO, a municipal corporation organized under the laws of the State of
Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a
permanent easement for public trail purposes over, across, on, under, and through land situated
within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" and
depicted on the attached Exhibit `B".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public trail system over, across, on, under, and through the easement premises,
together with the right to grade, level, fill, drain, excavate and pave the easement premises, and the
further right to remove trees, bushes, undergrowth, and other obstructions interfering with the
17
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location, Construction, and maintenance of said public trail systems. In addition, the City agrees to
the following:
1. The City shall defend, indemnify and hold harmless Grantor, its directors, officer,
employees and agents from and against any and all claims, demands, judgment, lawsuits, costs and
expenses arising from or growing out of the entry upon, construction, use or occupancy of the
property subject to the Easement, excluding intentional or negligent acts by Grantor, its officers,
employees, agents invitees and assigns; and
2. The City will be responsible for construction, replacement, maintenance and upkeep of the
public trail it places in or upon the easement premises. The City will install landscaping within the
easement premises consistent with the approved plans and specifications for the public trail.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises;
that it has the sole right to grant and convey the easement to the City; that there are no unrecorded
interests in the easement premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this
day of , 2014
GRANTOR:
ORONO MINI STORAGE LLC
LN
Michael J. Seeland, Its Manager
18
1738640
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2014, by Michael J. Seeland, the Manager of Orono Mini Storage LLC, a Minnesota limited
liability company, on behalf of the company, the Grantor.
Notary Public
19
173864v9
GRANTEE:
CITY OF ORONO
IM
FEW,
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
Lili Tod McMillan, Mayor
Rachel Dodge, City Clerk
The foregoing instrument was acknowledged before me this day of ,
20 , by Lili Tod McMillan and by Rachel Dodge, the Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
20
173864v9
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
A permanent easement for public trail purposes over, under, on and across the northerly ten (10')
feet of the following described property:
Lot 3, Block 2, Crystal Bay Business Center, Hennepin County, Minnesota, described as that
part of the East 128 feet thereof which lies Northerly and Easterly of the following described
line: Beginning at the Southeast corner of the West Half of the Southwest Quarter of the
Northeast Quarter of Section 33, Township 118, Range 23; thence North along the East line
thereof 1074.9 feet, which is the point of beginning of the line to be described; thence deflecting
to the left 89 degrees 20 minutes to an intersection with the West line of the East 128 feet of said
West Half of the Southwest Quarter of the Northeast Quarter; thence North along said West line
to the North line of said West Half of the Southwest Quarter of the Northeast Quarter and said
line there terminating.
[Abstract Property]
Lot 3, Block 2, except that part of the East 128 feet thereof which lies Northerly and Easterly of
the following described line: Beginning at the Southeast corner of the West Half of the
Southwest Quarter of the Northeast Quarter of Section 33, Township 118, Range 23; thence
North along the East line thereof 1074.9 feet, which is the point of beginning of the line to be
described; thence deflecting to the left 89 degrees 20 minutes to an intersection with the West
line of the East 128 feet of said West Half of the Southwest Quarter of the Northeast Quarter;
thence North along said West line to the North line of said West Half of the Southwest Quarter
of the Northeast Quarter and said line there terminating, all in Crystal Bay Business Center,
Hennepin County, Minnesota.
[Torrens Property]
21
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EXHIBIT "B"
to
GRANT OF PERMANENT EASEMENT
ATTACHEASEMENT SKETCHHERE
22
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MORTGAGE HOLDER
CONSENT TO EASEMENT
BMO HARRIS BANK, N.A., a national banking association, which holds a mortgage on
all or part of the property more particularly described in the foregoing Grant of Permanent
Easement for Public Trail Purposes, which mortgage was dated August 7, 2012 and recorded
August 9, 2012 as Document No. A9824858 with the office of the County Recorder for
Hennepin County, Minnesota, and as Document No. T4981902 with the office of the Registrar of
Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the
above referenced Grant of Permanent Easement.
BMO Harris Bank, N.A.
Its
STATE OF )
)Ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20_ by the of BMO Harris
Bank, N.A., a national banking association, on its behalf.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMWjmo
23
173864v9
MORTGAGE HOLDER CONSENT TO
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
BMO HARRIS BANK, N.A., a national banking association, which holds a mortgage on
all or part of the property more particularly described in the foregoing Fourth Amendment to
Development Agreement, which mortgage was dated August 7, 2012 and recorded August 9,
2012 as Document No. A9824858 with the office of the County Recorder for Hennepin County,
Minnesota, and as Document No. T4981902 with the office of the Registrar of Titles for
Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby join in, consents, and is subject to the above
referenced Fourth Amendment to Development Agreement.
BMO Harris Bank, N.A.
_:
STATE OF )
) ss.
COUNTY OF )
Its
The foregoing instrument was acknowledged before me this day of ,
20_ by the of BMO Harris
Bank, N.A., a national banking association, on its behalf.
Notary Public
DRAFTED BY:
CAMPBELL KNuTsoN
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/jmo
24
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MORTGAGE HOLDER CONSENT TO
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
BREMER BANK, N.A., a national banking association, which holds two mortgages on all
or part of the property more particularly described in the foregoing Fourth Amendment to
Development Agreement, which first mortgage was dated December 30, 2011 .and recorded
December 30, 2011 as Document No. A9732430 with the office of the County Recorder for
Hennepin County, Minnesota, and as Document No. T4914555 with the office of the Registrar, of
Titles for Hennepin County, Minnesota, and which second mortgage was dated December 30,
2011 and recorded December 30, 2011 as Document No. A9732431 with the office of the
County Recorder for Hennepin County, Minnesota, and as Document No. T4914556 with the
office of the Registrar of Titles for Hennepin County, Minnesota, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in,
consents, and is subject to the above referenced Fourth Amendment to Development Agreement,
Bremer Bank .A.
By:
Chris Bohl, Its Seni r Vice President
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 16 day of
20 11.1 by Chris Bohl, the Senior Vice -President of Bremer Bank, N.A., a nationafbankng
association, on its behalf.
TO
oe
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DRAFTED BY:
CAMPBELL KNUTSON
Professional AssociaN.on
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/jmo
173864v9
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Notary Pub c
25
MORTGAGE HOLDER CONSENT TO
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
UNITED STATES SMALL BUSINESS ADMINISTRATION, an Agency created by an
Act of Congress (Small Business Act, as amended) which holds a mortgage on all or part of the
property more particularly described in the foregoing Fourth Amendment to Development
Agreement, which mortgage was originally in favor of SPEDCO dated September 5, 2012 and
recorded October 3, 2012 as Document No. A9853279 with the office of the County Recorder
for Hennepin County, Minnesota, and recorded October 24, 2012 as Document No. T5010745
with the office of the Registrar of Titles for Hennepin County, Minnesota. Said mortgage was
assigned to the United States Small Business Administration pursuant to an Assignment dated
September 5, 2012 and recorded October 3, 2012 as Document No. A9853280 with the office of
the County Recorder for Hennepin County, Minnesota, and recorded October 24, 2012 as
Document No. T5010747 with the office of the Registrar of Titles for Hennepin County,
Minnesota. For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, United States Small Business Administration does hereby join in, consents, and
is subject to the above referenced Fourth Amendment to Development Agreement.
United States Small Business Administration
By:/
Raymond A. Kulina MLO
Its ' a'.�^f. � —5;gs ..
9,p
STATE OF )
)SS.
COUNTY OF )
The foregoing trument was acknowledged efore me thA day of
20i by Raymond A. Kullno, the
of UnrteStates Small Business Administration, an Agency
created by an Act of Congress (Small Business Act, as amended), on its behalf.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/jmo
26
173864v9
State of California
County of Fresno
On AUG 2 0 2094 before me, � ��, a Notary Public,
personally appeared Raymond A. Ulna who proved to me on the basis of
satisfactory evidence to be the personN whose name N is/a+c subscribed to the within
instrument and acknowledged to me that he/4te4ff executed the same in his/l Heir -
authorized capacity(ie�), and that by his/hor signature( on the instrument, the personN, or
the entity upon behalf of which the personj* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Slgnaftire
g!AN'7A WINTERS
Commission # 1930169
°-� Notary Public - California v
Z "� ` Fresno County
My Comm. Expires Apr 22, 2015'
MORTGAGE HOLDER CONSENT TO
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
LAKE COMMUNITY BANK, a Minnesota Bank/Insurance corporation, which holds a
mortgage on all or part of the property more particularly described in the foregoing Fourth
Amendment to Development Agreement, which mortgage was dated May 30, 2012 and recorded
June 5, 2012 as Document No. T4960954 with the office of the Registrar of Titles for Hennepin
County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, does hereby join in, consents, and is subject to the above referenced
Fourth Amendment to Development Agreement.
LAKE CO TY BANK
By:
Its
STATE OF A )
ss.
COUNTY OFJ4�,, ,� )
The foregoing instrument was acknowledged b6fore me this da of s
20 1 by ���.-.�t� �' - the S'2. CJs _ �fs� = Y, of Lake
Community Bank, a Minnesota Bank/Insurance corporation, on its behalf.
Notary Publi
kWE DY LOU BYERS
Notary Public
Minnesota
Wianumienum3i,20191
DRAFTED BY:
CAMPBELL KNUTsoN
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/jmo
27
173864v9