1989-11-06 Performance Contract
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fvlAY 08 '91 16: 39 RANDALL DEHNGOODRICH
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TOWN OJl' J'RANKJ'ORT
WR.:tGH'I' COUNTY, KXRNBSO'1'A
~BRFORHUCE COlnRACT
FOR THE PLAT OF
BARTHEL ROLLIHG HZLLS
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D:tS ASREEHElt1', made and entered int.o the ~ day of
November, ~989, by and J)etweCin the 'tOWN OF J'RANUOa~, located in
Wriqht County, state of Minnesota, hereinafter referred to as the
u'l'own", and BARTHEL CONSTIU1CTION :tHO.., 21370 John Milless Drive,
Rogers Minnesota 55374, hereinafter referred to as t.he "Developer."
WHEREAS, the Developer has applied to th~ Town tor plat
approval of the proposed plat. known as BDTlIEL ROLLING KXLLS I
hereinafter raferred to as the "plat," which Plat is generally in
the East Half of the Northwes~ Quarter of section 6, Township 120,
Range 23, Wright County, Minnesota: the exact le9al description of
. the Plat is attached hereto as Exhibit "A" i a.nd
WHEREAS, the Developer is the tee ownar of the property
aescribed on liixhibit IIA" J and
WHEREAS, the property comprising the Plat is presently zoned
Residential R-~; and
WHEItE1S, the Town has given preliminary plat approval to said
Plati and.
WllERZAS, the Developer is required as a condition of plat
approval to enter into a oontraot bindinq it to perform certain
acts and duties within a specified time as a continqency of Town
approval of the final plat; ana
WHEREAS, the Town requires that said contingencies be
performed in a timely manner, and that quarantees for the
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parformance of said contingenoies be given assuring the Town of
full performance within a certain specified period of time1 and
WHEREAS, the Developer heraby agrees to perform said
cont.ingent acts and dut.ies in a timely manner: and
WHER2AS, the Town has agreed to and does grant its approval
to the Developer' IS final Plat known as BAR'l1mL ROLLING BILLS
cQntinqent upon and conditionea upon the Developer's agreGmant to
perform said acts and duties as are hereinaft.er set forth.
NOW THEREFORE, :IT IS HEREBY eOVilNANTED AND AQUED, that thQ
Town will grant its approval to the Plat of BARTalL ROLLING KILLS
conditioned upon and contingent upon the timely performance by the
Developer of the followinq:
1. Construction to Town standards of the following
improvements within the Plat, to-wit:
Grading and bituminous surfacing of the streets as
shown in ~he pr.liminary plat.
b. Drainage improve~ents as shown on th~ plans
including construction of an earth berm on the east
side of the Plat to restrict drainage from entering
the adjacent property.
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c. Rastoration of ditches, boulevards. and drainage
easexnants.
d. Installation of the fance on t.he east side ot the
Plat to the cObdition existinq prior to plattinq.
2 . Construction of t.he above improvements shall be completed
in accordance with the construction plans dra~n b~ Meyer-Rohlin
Ine. " which plans consists of two (2) sheets composed of the
following drawings: Proposed Grading and Drainage Plan dated July
15, 1989; and street Improvement Project for Barthel Rolling Hills
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date.d September 25, 1986.
Prior to final acceptance of the
. improvement: by th.a Town, the. Developer shall sweep the streets,
olean all culverts, repair shoulde.rs ana restore any washouts.
3. The improvements desoribed in Paraqraph :l. above shall be
eomp~ated on or before Sep~ember 1, 1990.
4. The Developer has complete.d the required i:rnp:t'ove:ments
with the exoeption of the bituminous surtacinq, final 9rading and
re5tor~tion. The es~ima~ed cos~ of the remaining i~prQVements is
$10,200.00. The Developer hereby agrees to provide an escrow in
favor of the Town in the form of either a Letter of Credit in form
approved by the Town or cash escrow in the mimimum amount of
$15,300.00 (150% of $10,000.00) to quarantea that the Developer
will comply with all of the requirements as set forth herein and
that the installation of all of said improvements is in a good ana
. workroanahiplike manner, pursuant to this performance contract and
Township construction standards. Should any of the terms of this
Agreement fail to be performed DY the Developer in an acceptable
manner and. in the time permitted herein, the Town shall be entitled
to recover from the Developer and/or its escrow on demand by the
Town, the amoun1: of :money necessary to co:mplete tbe improvements
to Town st.andards. In addition, Developer gives the Town ther1qht
to enter onto the Plat and complete the necessary improv~ments as
required .,
5. The Oevelopar shall pay to the Town all of its expenses
incurred by it for professional and administrative serviceS
including engineering' and legal services in reviewing the plat and
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the improvement.s c::onstruct.ed. The Developer shall deposit with the
. Town 'the sum of $1,200.00 ($200 per plat"ted lot) which sum shall
be us~d to defray said professional services together with any
additional similar Town expenses which ~y not be incurred as ot
tha data of this Agreement. This escrow sha11 be deposited with
the 'I'own at t.he time of execution of this Aqreement. Additional
sums may be required 'to be deposi t.ea by Developer in the event the
escrow fund is depleted and the To~n ae~e~ines additional funds
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are necessary.
6. At t.he time of f'inal accept.ance by the Town Qf all
required improvaments; any balanoe in the Developer' s escrow
acoount desoribed above shall be re'turned to the Developer.
1. In the event the escrow described above is forfe~ted and
the Town constructs or completes all of the required improvemants
as set forth in Paraqraphs 1 and 2 above and the Town finds that
the cost of suoh improvement exceeds the amount of t.he escrow I the
remaining balance of said cos'ts lllaY be asse5sed by the Town aqainst
all of the property in the .aid plat, or at the Town's option,
billed to the Developer who hereby agrees to pay 'the same within
30 days of the billing date.
8. The astimatad market value . of the land t.o be platted
herein is $17,600.00 and therefore, the TOwn's required park fee
is $1,7150.00, which sum shall :be paid to the Township upon
execution of this Agreement.
9. The Developer agrees to maintain the ditches, oulverts,
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and drainaga ways ill the Plat until they have been accepted l:ly the
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Town.
10. Upon final completion of the streets and acceptance by
the ToWn, the Developer shall guarantee to the Town for a period
of aha (1) year, that the street have been constructed to Town
s~andards. To quarantee the street quality, the Developer shall
deposit wi~ the Township a $10,000.00 Maintenance Bond or Letter
of Credit at the Developer's option. This security shall be used
during- the one year maintenance period t.o insure that any
problem(s) with 'the st.reet improvement required herein are repaired.
by the Developer. Upon postinq the $10,000.00 Maintenance Sond or
~tter 6f Credit, the Town shall release to the Developer his
oriqinal esorow of $15,300.00 as described in Paragraph 4 herein
but:. only if t:.he improvement.s desoribed in Paragraphs :L and 2 herein
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. have been fully construoted and accepted by the Town.
11. No building parmi t for any lot in i:he Plat will be issued
by the Town unless the Township Building Inspector has reviewed and
approved the design for each lot's individual
on-site sewage disposal system.
XX WX!1'HBSS TOUOI', -we have hereunto set our hands and. seala:
DEVSLOPER:
~lM2:
Ken th A. arthel
Its President
!rOWN OJ' J'ltABDORT:
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r1A'r' 08 '91 16: 43 RAriDALL DEHI'lGOODRICH
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STATE Of! MINNESOTA )
) sa.
COUNTY OF WRIGHT )
The foreqoing was acknowledged before. me this ~ day of
November, 1989, by Kenneth A. Barthel, the President. of Barthel
Construction, Xnc., a corporation under the laws of Minnesota, on
behalf .JI1I ...."'~ <Ii.......
e. C;NIt\. e. BERNING
....... NorM\ PUBLIC. MINNESQfA
. WRIGHT COUNTY
My Commisskln ~,..2-&-83
D~ [.
Notary Public
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STATE OF MINNESOTA )
} 55.
COUNTY OF WRIGH'l' )
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On this b day of November 1 1989, before me a Notary
Public, personally appeared Alfred Zachman and 3ean Rolsing, the
Town Board Chairman and the Town Clerk of Frankfort Township to ma
known t.o be the persons described in and who executed the foregoing
instrument and acknowledged that they executed the same as their
:free aot and deed.
e DANIEL E. BERNING
NOTARY PUBUC . M1NHESOD'
W~H~l-IT coUNTY
. . ~ Commission Expires 2....
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Notary Public ~ ~
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MAY 08 '91 16:44 RANDALL DEHNGOODRICH
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SARTHJ!iL ROLLING HZLLS
EXlUBZT "Au
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That pa.rt of the Ea.st Half ot the. Northwest Quarter of Seotion 56,
Township 120, Ranqe 23, W~ight Count.y, Minnesota described as
followla commencing at the nort.heas't corner of the saicl East Half
of the Northwest Quarter; thence. N 89. 15' 59 If w, assumed :bearing,
along the north line of the said East Half of 'the Northwest
Quarter, a distance of 581.34 feet to the northeast corner Of the
west 755..35 teet of said East Half of the Northwest Quarter; thence
S 18 05' 54u W along the eas't line of the west 755.35 .feet. of said
East Half of the Northwest Quarter, a distance of 723.86 feet to
the actual pont of beginning: thence continue S le OS' 54" W alonq
said east line of the west 755.35 feet, a dist~nce of 658.19 feet
to the north line of the south 30.00 aores ot said East Half of the
Northwest Quarter; thence N 89. 54' 43" E alon9 ~e said north
4It line, a distance of 564.86 teet ~o the east line of the said East
Half of the Northwest. Quarter; thence N 1 e 47' 24" E along the said
east line, a distance of 606.67 feet; thence S 89<> 54' 4:3" W, a
d.istance of 421.63 fee't; thence N 1. OS' 54u E, a distance of 48..59
feat; 'thence N 8S- 54' 00" W, a distance of l50.52 feet t.o the
point of beqinninq.
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