1998-02-27 Development Agreement
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
CEDAR CREEK GOLF COURSE PLANNED UNIT DEVELOPMENT
CONCEPT PLAN MASTER AGREEMENT
THIS AGREEMENT, entered into this 2?d day of r /~. , 1998 by and
between Pilot Land Development Company, Inc., referred to here~veloper"; and the
CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, a portion of
which parcels ofland are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this agreement, is intended to bear the name "Cedar
Creek Golf Course Planned Unit Development" and may sometimes hereinafter be referred
to as the "Subject Property" or "Said Plan"; and
WHEREAS, the City has given concept plan approval of Developer's plan of Cedar
Creek Golf Course 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, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal
Improvements") be installed to serve the Subject Property and other properties affected by
the development of Developer's land, to be installed and financed by Developer upon final
plan approval of each phase of development; and
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within the Subject Property upon final plan approval of each
phase, which improvements consist of boulevards, top soil, sod and seed, trees, grading
control per lot, bituminous or concrete driveways, parking lots, drainage swales, berming,
street signs, street cleanup during project development, erosion control, and other site-
related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and agreements of
the parties concerning the development of the Subject Property;
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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. At the time Developer applies for preliminary plan approval of any particular
Phase of the development, Developer shall provide the City with detailed
plans and specifications for the installation of municipal improvements to the
Subject Property. Said improvements to include installation of water mains,
sanitaty and storm sewers, storm water ponding, site grading, curb and gutter,
paved streets and other usual and customary improvements deemed necessary
by the City for the proper development of the property. Said plans and
specifications shall meet all City design standards and shall be subject to the
approval of the City Council and/or City Engineer. All such improvements
shall be constructed according to the standards adopted by the City, along
with all reasonable items required by the City Engineer, and shall be
constructed within a reasonable time frame established by the City at the time
of approval of the final plan for each Phase. All costs related to the design
and installation of the Municipal Improvements shall be borne by the
Developer.
B. The Developer shall warrant 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 irrrprovements. 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. The City's right to pay said
contractors from Developer's surety shall be subject to Developer's right to
contest in good faith the amount due to said contractors, provided Developer
shall pay all reasonable attorney's fees incurred by the City as a result of said
contest.
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D. Developer shall grade all lots at the same time as the street grading is
performed, and shall grade such lots in a manner which will allow for
adequate. drainage from the lot.
E. The City shall, at its option, have the City Engineer present on Said Plan 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.
F. Developer shall be responsible for plowing snow on all public streets in said
plan until the base course is installed, the castings have been adjusted and at
least one of the homes is occupied. Upon the occurrence of these three
events, the City shall be responsible for snowplowing on public streets. Until
the installation of the wear course ofbiturninous pavement, the Developer
shall r~pair, at its expense, any damage occurring to the base course, castings
or other improvements from said City snow plowing, and said snow plowing
shall not be deemed an acceptance of the streets by the City. Developer shall
not be responsible for damage caused to street signs and lights due to careless
operations by snow plows operated by the City or the City's agents.
2. Construction of On- and Off-Site Improvements. Upon approval of the final
plan for each Phase of the Subject Property, Developer shall perform the following:
A. Developer shall cause the construction of (and may subcontract said
construction of) all on- and off-site improvements including installation of
boulevards, street signs, traffic signs, yard top soil, sod in all front and side
yards abutting a street, grass seeding and mulching in all other yards, one
front-yard tree, grading control per lot, bituminous or concrete driveways,
drainage swales, berming, and like items as necessary, street cleanup during
project development, and erosion control, all as required by City ordinance
and at Developer's expense. Said on- and off-site improvements shall be
installed within a reasonable time frame established by the City, except that
erosion control, drainage swales and berming shall be installed upon initial
grading of Subject Property. All grading, drainage, utility and wetland
mitigation issues must be approved by the City Engineer.
B. Developer shall, at its own expense, cause the following items to be installed
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within the development, all such items to be installed under ground, within
the street right of way, accessible to all lots and in compliance with all
applicable state and local regulations:
1. Electrical power supply, to be provided by Northern States Power or
other such carrier;
11. Natural gas supply, to be provided by Minnegasco or other such
carner;
111. Telephone service, tobe provided by Sprint/United Telephone
Company or other such carrier;
IV. Cable television, to be provided by Jones Intercable or other such
carner.
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's utility plan for each Phase shall show all existing and proposed
utility lines and easements, and Developer shall install all utilities according
to the Concept Utility Plan attached as Exhibit C approved by the City.
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 be allowed to substitute hay bales for a 22-foot section of silt
fencing on each lot for the purpose of allowing construction vehicles to pass
from the street to each lot. No construction vehicles shall pass from the street
to the lots except through such designated 22-foot section of hay bales.
Developer shall remove all hay bales and silt fencing from each lot as sod is
installed upon said lot.
E. Notwithstanding the requirements of subparagraph 2A above, the Developer
shall cause to be installed, to the City's satisfaction, improvements for each lot
or parcel within sixty (60) days of 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
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April 15th in any given year, in which case said improvements shall be so
completed by the following June 15th.
F. Developer shall install storm water retention/water quality ponds upon Said
Plan in the locations as shown on the Concept Grading and Drainage Plan .
attached as Exhibit D, and including all ponds within the golf course.
Developer shall provide the City with perpetual drainage easements over such
ponds at the time of the fmal plan approval of the Phase which drains into the
pond(s) in question. Said retention ponds shall be installed prior to the
installation of streets or utilities.
G. ill the event that the Wright County Highway Department determines that an
excessive number of golf balls are being hit on or over the pavement of
Wright County Highway 118, Developer (or the then-owner of the golf
course) shall cooperate with the City of Albertville and Wright County in
attempting to alleviate such a problem. In such situation, the Developer (or
the then-owner of the golf course) shall consider such measures as: moving
the tees farther from County Highway 118, re-orienting the tees, installation
of fencing or netting along County Highway 118, or such other measures that
are reasonably calculated to reduce the likelihood of golf balls being hit on or
over the pavement of Wright County Highway 118. Within one year of
notification by Wright County that an excessive number of golf balls are
being hit on or over the pavement of Wright County Highway 118, the
Developer (or the then-owner of the golf course) shall implement measures
that significantly reduce the frequency of golf balls being hit on or over the
pavement of Wright County Highway 118.
3. Status of Streets.
A. Developer agrees that the streets serving the town homes in Cedar Creek
South as shown on the Concept Plan shall remain private streets within Said
Plan and shall not be dedicated the public. However, said streets shall be
constructed in accordance with City construction section standards for public
residential streets, and the pavement on said private streets shall be 28 feet in
width. Plans and specifications for said streets must receive the approval of
the City Engineer prior to commencement of construction. The City Engineer
and City Planner must approve all private road designs as being acceptable to
access the town home areas of the Property located along County Road 118
and as providing appropriate off-street parking to accommodate visitors in
these areas. Developer shall provide legal access to all buildings abutting said
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private streets via covenants or some other method acceptable to the City
Attorney.
B. Developer shall be responsible for all maintenance (including snow plowing)
on all private streets in said plan. Developer shall keep all private streets in
said plan in good repair at all times, and shall keep said streets open so as to
allow unhindered access for emergency vehicles at all times. Removal of
excess snow shall occur within 12 hours of the start of a snowfall or at such
time as two inches of snowfall has accumulated. Such snow may be stored on
site but shall not be stored in a manner in which the height of the pile of snow
exceeds 10 feet, nor shall snow be stored in a manner so as to block windows
of homes or vehicular visibility in comer visibility zones as defmed in the
City's zoning ordinance. Developer shall be relieved of its liability under
this paragraph, paragraph 3(B), at such time as a homeowner's association
acceptable to the City Council has been established through a homeowner's
association agreement, such association possesses adequate resources
allowing it to assume the responsibilities of this paragraph, and the
association actually begins to .perform maintenance on the private streets.
C. Developer shall dedicate a total of 60 feet of right-of-way (as measured from
the centerline of the existing highway) for use as right-of-way for Wright
County Highway No. 118. Said dedication shall occur at such time as final
plan approval is granted for the Phase or Phases abutting Wright County
Highway No. 118. The City and/or County Highway Engineer must approve
the provision of said right-of-way.
D. Developer shall apply a layer of oil on Kadler Avenue within 45 days after
the issuance of any building permits for any properties in Phase one of Cedar
Creek North. If determined to be necessary by the City Engineer, Developer
shall apply two inches of pavement on Kadler Avenue at such time as 50% of
the homes in Phase one of Cedar Creek North are occupied. If said 50%
occupancy rate occurs during the months of November through May, the
Developer shall have until the following June 15th to apply said pavement to
Kadler A venue. Developer shall take no action pursuant to this paragraph
with regard to Kadler A venue without first obtaining the consent of the City
of Otsego as to those portions of Kadler A venue lying within the City of
Otsego. However, the failure of the City of Otsego to consent to the oiling or
pavement of Kadler A venue shall not delay any phase of Cedar Creek North.
E. The right of way for Karsten A venue shall be dedicated with the approval of
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the final plan for Phase three of Cedar Creek North. The Developer shall
construct Karsten Avenue from Wright County Highway 37 south to connect
with the street as shown in Phase one of Cedar Creek North on the attached
Exhibit E (Concept Phasing Plan) by October 15, 2001 or concurrent with the
Municipal Improvement work required by the fmal plan of Phase three of
Cedar Creek North, whichever occurs sooner.
F. In the event that portion of Kadler Avenue abutting Cedar Creek North is
vacated before final plan approval is received for all Phases of this
development, the cost of removing any bituminous pavement then on Kadler
Avenue shall bebom by Developer. Said pavement shall be removed within
45 days of the passage of resolutions by governing bodies having jurisdiction
on both sides of Kadler Avenue.
G. Upon commencement of grading of the golf course, Developer shall apply to
both the City of Albertville and the City of St. Michael for the vacation of
Kadler Avenue. Developer shall apply to the City of Albertville and the City
of Otsego for the vacation of Kadler Avenue north of the golf course at such
time as all streets shown on the Concept Plan have been installed and
accepted by the City. The City shall waive any application fees for the said
road vacation.
H. Developer shall provide a 20 foot wide bituminous paved emergency exit
and utility easement from the cul-de-sac of Phase 4 of Cedar Creek South
connecting to Kadler A venue and the street in Phase 4 of Cedar Creek
North as shown on the Concept Plan. This connection shall also serve as a
trail for golf carts and pedestrians. The methods used to improve this
corridor to allow for year-round emergency access while preventing its use
by intruder~ shall be determined at the time the Developer submits
development stage plans for the adjoining lots.
1. Developer shall maintain (or otherwise provide for said maintenance via
homeowners association or golf course operator) all "islands" in the streets
shown on Phases 3 and 4 of Cedar Creek South as shown on the Concept
Master Plan attached as Exhibit B. Developer will provide a maintenance
agreement for these "islands" prior to final plan approval. All plants within
said islands must be capable of withstanding snow and salt impacts
expected during the winter months.
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4. Reimbursement of Costs Related to the Installation of Certain Munici pal
Improvements.
The City recognizes, and Developer agrees, that Developer shall install a sanitary
sewer Lift Station ("Lift Station") which will benefit properties in addition to those
owned or controlled by Developer. Said Lift Station is identified on the attached
Exhibit C. Developer shall construct the Lift Station as indicated on Exhibit C and
Developer shall pay all of the cost of said Lift Station. As a consequence of
Developer's installation of the Lift Station:
A. The City shall undertake good-faith efforts to establish a trunk sanitary sewer
charge ("Trunk Charge") upon all property within the City of Albertville
which the City Engineer detennines can make use of said Lift Station via
gravity flow sanitary sewers. Said Trunk Charge shall be based upon a
calculation of all land within the City of Albertville which the City Engineer
determines can make use of said Lift Station via gravity flow sanitary sewers
(including any such land included in the Subject Property) divided by the cost
of the Lift Station (the product of this calculation shall be called the "Per Acre
Charge"). The Cost of said Lift Station shall be arrived at by multiplying the
low bid for the installation of the Lift Station by 1.18 (using 18% for
engineering) .
B. Upon the establishment of Said Trunk Charge ordinance, the City agrees to
reimburse to Developer a portion of the money collected under said Trunk
Charge ordinance which stem from the per-a.cre charge established above.
This amount shall be reimbursable solely from trunk charges collected from
lands which connect into said Lift Station, but only to the extent that said
trunk charges are directly attributable to the costs associated with the
installation ofthe Lift Station. The City shall have no obligation to reimburse
to Developer trunk charges from lands which do not directly utilize said Lift
Station via gravity flow sewers. If additional Trunk Charge fees (in excess of
the amount attributable to the installation of the Lift Station) are required of
other lands, including "benefited lands," to offset additional trunk-line related
costs of the City, said additional fees shall belong solely to the City.
C. The City's obligation to reimburse developer shall exist only to the extent that
the City collects said Lift Station charges as detailed in subparagraphs A and
B. above, and no other City monies shall be used to reimburse Developer.
Reimbursement to the Developer by the City of qualifying monies shall occur
by January 31st and July 31st of each year for the periods ending the prior
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December 31st and June 30th, respectively. The City's obligation to
reimburse Developer under this paragraph shall cease on July 31, 2010,
regardless of whether Developer shall have received any reimbursement by
said date. Under no circumstances shall Developer be reimbursed more than
the total cost of the Lift Station. If for any reason the City is unable to
establish or enforce a trunk charge collection mechanism, the City shall have
no obligation to reimburse Developer.
D. Developer shall be eligible for reimbursement under this paragraph only if the
Lift Station is installed by the lowest responsible bidder as determined by the
City Council in accordance with all applicable provisions of Minnesota
Statutes ~471.345.
E. Should Developer develop any lands which utilize said Lift Station,
Developer shall pay the City the full amount of the trunk charge in effect at
the time said lands are platted. Developer shall then be reimbursed from said
paid trunk charges according to subparagraph 4(C) above.
F. Developer shall acquire all permanent and temporary easements necessary for
the installation of the Lift Station to be completed by Developer, and shall
dedicate all such easements to the City, all at Developer's sole expense. All
such easements must be approved by the City Engineer and City Attorney
prior to their dedication to the City.
G. Developer shall dedicate the Lift Station to the City upon its completion, and
shall be warranted by Developer for two years from the date of its dedication
to the City. Developer shall construct said Lift Station according to
specifications approved by the City Engineer, and no building permits shall
be issued for any Phase which drains into said Lift Station until said Lift
Station is fully operational.
H. Developer understands that the reimbursement arrangement set forth in this
agreement is unique and untested under the law. Developer agrees that
should a court invalidate this agreement or any portion of the reimbursement
provisions of this agreement such that the City can not reimburse Developer
from future fees as set forth in this agreement the City shall have no further
obligation to reimburse Developer for any costs incurred by Developer in
constructing said Lift Station.
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5. Intended Use of Subject Property.
A. It is the Developer's and City's intent that single-family detached dwelling
units, two-family attached dwelling units and an eighteen hole golf course be
constructed on the lots in Said Plan (one unit on each lot), including that
portion of the golf course lying within the City of St. Michael. All said
housing units and the entire golf course shall be constructed in the locations
as shown on the attached Concept Plan. Developer agrees that it shall not
construct any units other than those as shown on said Concept Plan. The
number of single family lots constructed on the Subject Property shall not
exceed 291 and the number of twin / town homes shall not exceed 50 for all
of the Subject Property. The area designated for the eighteen hole golf course
shall be restricted to use only as an eighteen hole golf course with typical
complimentary accessory uses related to and commonly associated in the
industry with golf course uses. Such restriction shall run with the land and
shall bind all future assignees and/or successors in interest. The restriction on
use of this land only for golf course purposes (in substantially the form shown
on the ConceBt Plan) may be modified only upon the written authorization of
the City, and the City shall exercise sole discretion in determining whether to
allow any use other than an 18-hole golf course on the property shown as golf
course property on the Concept Plan. In the event the Developer fails to
construct the golf course as shown on the Concept Plan (including that
portion of the golf course lying within the City of St. Michael), the land
shown as golf course use on the Concept Plan shall remain vacant,
undeveloped land in perpetuity, or until said golf course is constructed and
operated by Developer or successor to the Developer..
B. Prior to the sale of each lot on the Property, illustrative plans shall be
disclosed to each potential buyer to avoid resident complaints relative to non-
conventional house placement throughout the Subject Property.
C. Developer shall require via recorded covenants that all homes abutting the
golf course shall contain at least 1/3 brick, stone, stucco or wood facing on the
front of the home.
D. Developer shall require via recorded covenants that the minimum square
footage of each town home in the development shall be no less than 960
square feet. The Developer shall require via recorded covenants that the
minimum square footage for the garages attached to each town home shall be
no less than 440 square feet (20 feet by 22 feet). For all town home
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properties, Developer shall record covenants and restrictions acceptable to the
City Attorney against said properties. Said covenants and restrictions shall
provide for the maintenance of all grounds encompassing the town home
development and shall provide for the common maintenance of all town home
structures.
E. All townhome developments on the subject property shall be configured with
several individual lots (containing the housing structure) and one common lot
surrounding all such individual lots, similar to that configuration shown on
the attached Exhibit F.
F. The golf course shall be open for business to the public at large, and shall not
be converted to a "private" golf course without the express written consent of
the Albertville City Council.
G. Albertville residents shall receive a discount of at least 15% off of the regular
green fee ch~d to the general public for use of the golf course. Said
discount shall be in effect for the fIrst 5 years of operation, and may be
limited to 15 rounds of golf per person per season. The operator of the golf
course shall administer the discount program in a reasonable manner and
through reasonable means.
H. The underlying zoning for all single family residential lots shall be the RI-A
zoning requirements, as amended from time to time, which shall apply at all
times to the Subject Property, except for the following items, which shall take
precedence over the applicable zoning ordinance:
1. Varying front yard setbacks shall be documented at the final plan stage,
and shall be shown on fmal plan documentation. No front yard setbacks
shall be less than 30 feet from the street right of way.
ll. All lots shall contain a minimum of 15,000 square feet, except 11 lots in
Cedar Creek South and 5 lots in Center Oaks. These 16 lots shall have a
minimum of 12,500 square feet of lot area.
111 All lots shall have a minimum lot width of 80 feet measured at the front
set back line between the side yard lines.
iv. It is the intent of the parties to this agreement that existing and future
provisions of the applicable zoning ordinance not act to reduce the number
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of single family detached residential units as shown on the attached
Concept Plan.
I. The Developer shall submit detailed development plans for the town houses
at the development plan stage. Developer and City recognize that the current
town house proposal does not contain sufficient detail with which to specify
lot area and set back requirements. Accordingly, the City shall review lot
area and set back requirements at the time of development plan submission.
Said development plan submissions must comply with the development
standards set forth in Section 2700 of the City's zoning ordinance, as may be
varied by the City. It is the intent of the parties to this agreement that existing
and future provisions of the applicable zoning ordinance not act to reduce the
number of single family attached townhome units as shown on the attached
Concept Plan.
6. Surety Requirements.
A. Upon the approval of the fmal plan for each Phase of the development of the
Subject Property, Developer shall 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 equal to 100% of the estimated
cost of installing the Municipal Improvements detailed in paragraph 1 above,
plus 50% of the estimated cost of the on- and off-site improvements detailed
in paragraph 2 above. Said letter of credit or surety must meet the approval of
the City Attorney as to form and issuing banle No letter of credit shall be
required for the completion of the eighteen hole golf course. Instead,
developer has agreed that Phases 3 and 4 of the residential developments shall
remain unbuildable open space until the golf course is completed in
accordance with the requirements of this document.
B. As an alternative to providing a 100% letter of credit, Developer may provide
the City with a combination of an irrevocable letter of credit and a
performance bond as security that the obligations of the Developer under this
contract shall be performed. Said combination shall be as follows:
1. A letter of credit in the amount of 75% of the estimated cost of the
improvements. Said letter of credit must meet the approval of the City
attorney as to form and issuing bank..
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11. A performance bond in the amount of 150% of the remaining 25% of
the cost of the improvements. Said bond must meet the approval of
the City Attorney as to form and issuing company.
The City reserves the right to require the Developer to provide a 100% letter
of credit for future Phases under this agreement in the event that the City
actually draws on a letter of credit or bond provided under this agreement.
C. 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, but not the golf course construction), 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.
D. 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
ov~rage 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.
E. Developer hereby agrees to allow the City to specially assess any portion of
the Subject 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. Should the City specially assess Developer's property for
said costs, Developer agrees not to contest or appeal such assessment (on the
grounds that the assessment exceeds the benefit to the property, but
Developer may challenge the calculation of the costs used to determine the
assessment) and Developer waives all statutory rights of appeal under
Minnesota Statutes, including Minnesota Statute 429.081 except as otherwise
allowed in this sentence.
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7. Surety 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 in any given Phase, 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/or On- and Off-site
Improvements which have been fully completed and payment made therefor.
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.
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.
ill. As to all requests brought under sub paragraph A, 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.
8. Sanitary Sewer Trunk Line Fees.
A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
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currently requires the Developer to pay $1,400.00 per acre in sanitary sewer
trunk line fees as each residential Phase is granted final plan approval.
Developer acknowledges that said Trunk Line Fee will likely increase in the
future as costs related to the sanitary sewer trunk line collection system rise,
and because the golf course property, which had previously been anticipated
to generate an estimated $163,800, will now generate approximately $3,200,
with the difference likely being made up by a per-acre increase in the trunk
charge for all other property within the Trunk Line district, including the
residential lots included in the Subject Property. All such increases in fees
shall be established by resolution of the City Council and shall be reasonably
related to the trunk line costs incurred by the City. Developer shall pay Trunk.
Line Fees at the time of granting offmal plan approval for each Phase of the
development, and said Trunk. Line Fees shall be paid according to the per acre
fee in force at the time final plan application is made for each Phase. The
18.4 acre "Existing Wetland" adjacent to the Parkside Third Addition Plat
shall be included in the acreage calculation of Phase 2 in Cedar Creek South.
B. Developer agrees that by October 1, 1999, Developer shall pay a Trunk Line
fee of $3,20b for all areas of the golf course, based upon reduced acreage
which will be sewered, which in turn reflects anticipated reduced per-acre
sanitary sewer flows from the golf course use.
C. Pursuant to that Developer's Agreement known as the Parkside Third
Addition Developer's Agreement between Developer and City dat.ed August
13, 1996, Developer shall receive a credit of $900.00 per acre to be applied
said Trunk Line Fee described above for all portions of said plan which will
utilize the trunk line installed by Developer (said Trunk Line as described in
said Parkside Third Addition Developer's Agreement), except that said credit
shall not apply to any'trunk line fees which apply to the golf course area.
9. Project Phases.
A. Developer shall be allowed to develop the Subject Property in Phases
consistent with the Concept Phasing Plan attached as Exhibit E. In doing so,
Developer shall submit a development plan (similar to a preliminary plat),
including grading and drainage plans, wetland mitigation plans, landscaping
plans, utility plans and other plans which may be required by City ordinance
for each respective Phase. Upon approval of the development plan for a
Phase by the City, the Developer shall submit a fmal plan (similar to a fmal
plat) for that Phase. The submission requirements reflected in this paragraph
15
represent current PUD ordinance requirements. In the event that the City
modifies said submission requirements, Developer shall comply with the
submission requirements in effect at the time each stage of Phase approvals
are applied for. Developer shall not be allowed to build structures on any
portion of the Subject Property until the portion to be built upon has received
final plan approval from the City. The Phases referred to herein are those
Phases shown on the Concept Phasing Plan.
B. Developer shall "rough grade," and seed all portions of the golf course
(including the portions located within the boundaries of the City of St.
Michael) to correspond with the Concept Grading and Drainage Plan attached
as Exhibit D by September 30, 1998. In the event Developer fails to so grade
the golf course property by said date, all Phase 3 and 4 properties shall remain
vacant and shall be deemed non-buildable land until the rough grade and
seeding of the golf course has been completed.
C. Developer shall not be allowed to proceed with the final plan of any Phase 3
or Phase 4 property in Cedar Creek North and Cedar Creek South, nor shall
Developer be allowed to proceed with the final plan of any Phase 4 property
in Center Oaks until all 18 holes of the golf course have been completed
according to the Concept Plan, construction has begun on the club house, and
until the golf course is open for business. In the event Developer fails to so
complete and open the golf course, all Phase 3 and Phase 4 property in Cedar
Creek North and Cedar Creek South, and all Phase 4 property in Center Oaks
shall remain vacant and shall be deemed non-buildable land until the golf
course is so completed.
D. Developer shall install a paved parking lot (which meet the City's zoning
ordinance parking requirements) as shown on the Concept Plan for the 18
hole golf course by October 31, 1999.
E. Developer shall not be granted fmal plan approval of any Phase 4 property on
any of the Subject Property until a golf course club house reasonably
adequate to support the operation of the golf course as a going concern is fully
constructed and operational. In the event the Developer fails to complete the
golf course club house by August 31, 2000, all Phase 4 property shall remain
vacant and shall be deemed non-buildable land (except for the construction of
an IS-hole golf course as shown on the Concept Plan) until the golf course
club house is completed.
16
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F. The Developer shall establish homeowners' associations via recorded
covenants for each Phase of town home developments. Said associations
shall provide for maintenance of all common areas and the exterior of all
town home structures. Said association agreements/covenants shall be in a
form and content acceptable to the City Attorney.
G. It is anticipated that due to market conditions, Developer may transfer lots
between Phases (i.e. move the boundary of the Phase to take in lots
currently shown in a different Phase) at time of fmal plan approval. Said
transfer in the amount of not more than 10 lots per Phase shall be allowed
(except in the town home Phases, where no transfer in lots shall be
allowed), provided Developer may not transfer lots from a restricted Phase
(e.g. Phases 3 and 4) without frrst completing the prerequisites to
developing the lots in said restricted Phases as required by this agreement.
The transfers contemplated in this paragraph shall not increase the
development density over that shown on the Concept Plan, nor shall it
increase the total number of single family lots or town home units as
. detailed in paragraph 5(A) above.
10. Abandonment of Project - Costs and Expenses. In the event Developer should
abandon the proposed development of the Subject Property, 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 Plan, 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 Said Plan to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion from
Said Plan and to facilitate mowing of Said Plan. In the event that said costs are not
paid, the City may withdraw funds from the above-mentioned surety for the pmpose
of paying the costs referred to in this paragraph.
11. 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,
17
; ~
enforcement or execution of this Agreement and the approval of Said Plan, as well
as all reasonable engineering expenses incurred by the City in designing, approving,
installing, and inspecting said Improvements described above. Developer agrees to
pay all such costs within 30 days of billing by the City. If Developer fails to pay said
amounts, Developer agrees to allow the City to reimburse itself from said surety
andJor assess the amount owed against any or all of the Said Plan without objection.
Developer has the right to request time sheets or work records to verify said billing
prior to payment.
12. Erosion and Siltation Control. Before any grading is started on any Phase,
Developer shall implement all erosion control measures required by the City
Engineer. Developer shall first prepare an erosion control plan for approval of each
Phase by City Engineer. Developer shall also install all erosion control measures
deemed necessary by the City Engineer should the erosion control plan prove
inadequate in any respect.
13. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage
into any county ditch or other ditch through which water from Subject Property may
drain, and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city requirements,
all at Developer's expense.
14. Maintain Public Property Damaged or Cluttered During 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 Said Plan. The Developer further
agrees to pay all costs required to repair the streets and/or utility systems damaged or
cluttered with debris when occurring as a direct or indirect result of the construction
that takes place in Said Plan. In the event the Developer fails to clean up, maintain
or repair the damaged public property mentioned above, the City shall provide the
Developer with a Notice of its intent to clean up, repair, or maintain such public
property. Developer shall have seven (7) days from the date of mailing (via certified
mail) of such notice to effect such clean up, repair or maintenance of said public
property to the satisfaction of the City Council. In the event that Developer fails to
so clean up, repair or maintain said public property, the City may undertake making
or causing it to be cleaned up, repaired or maintained. When the City undertakes
such activity, the Developer shall reimburse the City for all of its expenses within
thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill
18
,
,,\ If
within thirty (30) days, funds sufficient to pay the bill may be withdrawn by the City
from the surety described above and/or assessed against any or all of Said Plan.
15. Temporary Easement Rights. Developer shall provide access to the Subject
Property at all reasonable times to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this agreement.
16. 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, 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. No one may occupy a
building for which a building permit is issued on either a temporaty or
permanent b~sis until the streets needed for access have class five gravel and
concrete curbing installed, unless a specific exception is approved by the City.
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 via a short-form companion document referencing this
agreement. After the Developer has completed all work and obligations
required of it under this Contract (including the expiration of the warranty
period), at the Developer's request, the City will execute and deliver to the
Developer a release of its obligations under this agreement, but paragraphs
Ib, 2g, 3a, 3b, 31, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 5a, 5e, 5f, 5g, 5h, 51, 16c, 16d,
16e, 18a, 18c, 19h, and 21 of this agreement shall remain binding upon all
19
il i'l, ') 'i t
present and future owners of any portions of the Subject Property.
F. All municipal water concerns will be handled by the Joint Powers Water
Board. No connections to the water system will be permitted until the Board
has given final approval. The Board may assign approval authority for any or
all water concerns to the City.
G. The Developer represents to the City that the Concept Plan 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 Concept Plan does not comply
with any of the above mentioned laws and regulations, the City may, at its
option, refuse to allow construction or development work on Said Property
until the City identifies said non-compliance and Developer so complies with
said laws and regulations. Upon the City's demand, the Developer shall cease
work until there is compliance with said laws and regulations.
H. Prior to the execution of this agreement and prior to the start of any.
construction on the Subject Property, Developer shall provide the City with
evidence of good and marketable title to all of Subject Property. 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.
1. Developer shall comply with all water, ponding and wetland related
restrictions as may be required by the Wright County Soil and Water
Conservation District.
1. Although the City has initiated studies relating to the expansion of the
capacity of the wastewater treatment plant, Developer acknowledges that the
City currently may not have adequate waste water treatment plant capacity to
serve existing platted properties and the entire Subject Property, depending
upon the timing of development in the City. The City believes that it has the
ability to sufficiently expand its current wastewater treatment plant at its
existing location to provide sewer capacity for all of the Subject Property, but
as of the date of this agreement, the City does not have exact cost figures for
such an expansion. Accordingly, approval of this Concept Plan shall in no
way be construed as a guarantee that the City will provide waste water
treatment plant capacity for any or all Phases at the time of final plan approval
20
~ J \'; t 'I l.
for any such Phase. The developer acknowledges that the City has reserved
sewer capacity until December 31, 1998 for some of those properties abutting
the trunk sewer line currently serving the STMA high school located on
Wright County Highway 35, and as such, these parties shall have priority over
Developer for allocation of wastewater treatment plant capacity until
December 31, 1998. The City reserves the right to allocate wastewater
treatment plant capacity among developments (including future residential,
commercial or industrial developments) or to refuse to grant fmal plan
approval for any Phase for which unallocated waste water treatment plant
capacity is not available. Developer acknowledges and agrees that the City
shall not be liable in any manner if at the time of final plan approval for any
Phase, the City does not have waste water treatment capacity to accommodate
said Phase. The City has directed the City Engineer to prepare a facilities
plan and accompanying cost documentation related to a proposed expansion
of the wastewater treatment plant. The City shall, upon request of Developer,
update Developer regarding the City's on-going efforts to expand its
wastewater treatment plant capacity.
K. Developer acknowledges that the City currently does not have adequate waste
water treatment plant capacity to serve existing platted properties and the
entire Subject Property. Accordingly, approval of this Concept Plan shall in
no way be construed as a guarantee that the City will provide waste water
treatment plant capacity for any or all Phases at the time of final plan approval
for any such Phase. Developer acknowledges and agrees that the City shall
not be liable in any manner if at the time of final plan approval for any Phase,
the City does not have waste water treatment capacity to accommodate said
Phase. The developer acknowledges that the City has reserved sewer capacity
for those properties abutting the trunk sewer line currently serving the STMA
high school located on Wright County Highway 35, and as such, at all times
these parties shall have priority over Developer for allocation of wastewater
treatment plant capacity. The City reserves the right to allocate wastewater
treatment plant capacity among developments (including future residential,
commercial or industrial developments) or to refuse to grant fmal plan
approval for any Phase for which unallocated waste water treatment plant
capacity is not available.
L. The City shall grant Concept Plan approval at the time of the execution of this
agreement, but no development plan approval shall be granted until the
Developer obtains a conditional use permit from the City of St. Michael
allowing the golf course use on the Subject Property located in St. Michael.
21
, , .
. ,
M. In the event an Environmental Impact Statement is required to be prepared for
this project, the City reserves the right to withhold approval of development
plans or [mal plans for any Phases of the Subject Property until said
Environmental Impact Statement has been prepared and adequately addresses
all environmental issues related to this development.
17. Draw on Expiring 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 surety for the continued obligation. The form of said
irrevocable letter of credit must be approved by the City Attorney prior to its
Issuance.
18. Violation of Agreement.
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 sl!ch 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 of the Developer use all of the deposited cash, irrevocable
letter of credit or other surety funds to complete the Developer's obligations
under this agreement, and to 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.
B. Paragraph 18A shall not apply to any acts or rights of the City under
paragraph 17 above, and no notice need be given to the Developer as a
condition precedent to the City declaring a default or 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
22
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
C. Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits after said breach has remained uncured for 30
days after Developer has been noticed of said breach.
19. Dedications to the City.
A. Upon the completion of all construction work and certification of completion
by the City Engineer for any given Phase, the Developer, upon presentation to
the City of evidence of good and marketable title to Phase being developed,
shall dedicate all roads, road right of ways, sewers and water mains to the
City (except for the private roads described above, which shall not be
dedicated 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 dedication shall occur upon passage of a resolution
to su~ effect by the City Council.
B. Developer acknowledges that under the City's current park dedication
ordinance, a certain amount of land acceptable to the City must be dedicated
to the City and! or a specified amount of money must be paid to the City in
lieu of land dedicated for park purposes, such amounts payable upon the
approval of the final plan for any particular Phase. The City and Developer
recognize that the required amount of land dedicated or money paid may
increase prior to the granting of final plan approval for any or all of the Phases
contemplate~ under this agreement. The City recognizes that any increases in
the amount of land required to be dedicated subsequent to the date of this
agreement may interfere with the complete development of the Concept Plan
as it has been approved by the City. As a result, the City and Developer agree
that only that land currently shown on the Concept Plan as land to be
dedicated for park purposes shall be dedicated for park purposes. The
Developer acknowledges that land zoned R5 shall not be included in park
dedication land at this time. Wetlands dedicated as park land shall not be
credited toward park dedication required under this agreement.
C. The City and Developer agree that for purposes of satisfying the City's
residential park dedication requirements, the total residential land area is
175.9 acres (excluding the R-5 residential land north of the Cedar Creek
23
',1_
North development). The park dedication ordinance specifies that the
Developer shall dedicate land in the amount of 10% of the Subject Property
land shown as residential land (175.9 acres times 10%) equals 17.59 acres).
However, Developer desires to dedicate 8.28 acres ofland (representing only
47.07% of the required land), and therefore shall satisfy the remainder of the
park dedication requirement via the payment of cash to the City on a per-unit
basis representing 52.93% of the residential units in the development, at the
per-unit requirement in effect at the time each Phase receives fmal plan
approval. As currently shown on the Concept Plan, 52.93% of the residential
units equals 180.49 units (341 units x 52.93%) upon which the Developer will
pay a per-unit park dedication. Developer shall dedicate the lands shown as
park lands on the Concept Plan. Said dedication shall occur in the locations
shown on the Concept Plan and shall be dedicated at the time the Phase one
adjacent to each park receives fmal plan approval. Nothing in this agreement
shall be construed to require the Developer to dedicate more land than the
8.28 acres currently shown as park land on the Concept Plan, and the actual
amounts dedicated may vary depending upon the final lot layout of each
phase.
D. In the event that Developer dedicates more park land than required with any
particular Phase, Developer shall receive a park land dedication credit which
may be applied to subsequent Phases. Actual park dedication amounts shall
be figured on a Phase by Phase basis, and all cash to be paid in lieu of land
dedications shall be paid as each Phase receives fmal plan approval. Payment
of said park dedication fee shall occur prior to release of the fmal plan.
E. The City and Developer agree that for purposes of satisfying the City's
commercial park dedication requirements, Developer shall dedicate an
amount of cash equal to 7.5% of the value of the land shown on the Concept
Plan as golf course land. Said 7.5% of value of the land shall be determined
as of the time the golf course land receives fmal plan approval. The land shall
be valued at such time based upon its zoning for a golf course use, but any
improvements made to the land (including grading, turf seeding, parking lot
or building improvements) shall not be included in said valuation (i.e. the land
shall be valued as "raw" land, zoned for a golf course use). Valuation shall be
determined based upon the assessed value of the land as shown at the Wright
County Assessor's office or, if either the City or the Developer so requests,
by appraisal by a licensed real estate appraiser. If an appraiser is used for the
valuation, the Developer shall have the option of jointly choosing an appraiser
with the City, provided the Developer pays half of the cost of the appraiser. If
24
. .
the Developer does not agree to pay half of the cost, the City shall choose the
appraiser. In either case, the appraiser's valuation shall be binding upon both
the City and Developer for purposes of this subparagraph. City and
Developer agree that the golf course property consists of 117.2 acres.
F. All trails shall be dedicated and paved by developer consistent with the
Concept Master Plan attached as Exhibit B. The cost of paving said trails
shall be deducted from the total park dedication fee owed by the Developer.
The cost shall be determined based upon the lowest responsible bidder as
determined by the Albertville City Council, plus reasonable out-of-pocket
engineering design fees incurred by Developer and reasonable out-of-pocket
engineering staking and inspection fees incurred by Developer for all trails
installed outside of road right-of-ways. The plans and specifications for any
such trails shall be approved by the City Engineer. In addition to the trails
shown on the Concept Master Plan, Developer shall install an eight (8) foot
trail along one side of Karsten Avenue and continued along one side of 53rd
street to the easterly boundary of Center Oaks (at 53rd Street). A trail
connection shall be provided from County Highway 118 on the east end of
Town Home area B to the north into Center Oaks Phase 3 and/or 4.
G. Developer shall provide the City with drainage easements over each pond into
which storm water from any Phase will drain. Upon the granting of final plan
approval for any given Phase, Developer shall provide said easements for the
corresponding ponds into which storm water from said Phase will drain. All
said easements shall be approved by the City Engineer and the City Attorney.
H. Developer (or any successor owner(s)) of the lands designated as golf course
land shall maintain all ponds located upon the golf course land. Said
maintenance shall inc1ucie cleaning of ponds as necessary to maintain good
and proper drainage from the adjacent residential Phases which drain into said
ponds. In the event Developer or said successor owner(s) fail to adequately
maintain said ponds, the City shall have the right to perform said maintenance
and the then owner of the golf course shall pay all costs incurred by the City
in performing said maintenance.
1. All lots which are to remain non-buildable due to the presence of wetlands
shall be deeded to the City by the Developer upon the granting of fmal plan
approval for the Phase or Phases adjacent to said wetlands.
25
. ,
, ,
20. Phased Development. The City may refuse to approve fmal plans of subsequent
Phases until public improvements for all prior Phases have been satisfactorily
completed. Developer shall enter into a supplemental contract for each Phase
addressing the particular aspects of said Phase not specifically addressed in this
agreement, including the amount of surety to be posted, the amount of park
dedication funds to be paid to the City, the timing of installation of Municipal
Improvements and on- and off-site improvements, thepayment of Trunk Line Fees
and Lift Station fees, and other such items deemed necessaryby the City Council or
required by ordinance. In the event that Developer breaches any of the terms of this
agreement or any supplemental contracts referred to in this paragraph, the City shall
have the right to deny approval of any subsequent Phases until such breach has been
cured.
21. 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 Said Plan 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.
22. Assignment of Contract. The obligations of the Developer under this Contract
cannot be assigned without the express written consent of the City Council through
Council resolution.
23. 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 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.
24. 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
26
, )
Telephone: (612) 497-3384
Pilot Land Development Company, Inc.
c/o Kent Roessler
13736 N.E. Johnson Street
Ham Lake, MN 55304
Telephone: (612) 757-9816
25. Agreement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
B u&) /lz~~~
.. ts lerk
27
L1
y Kent Roessler
Its President
By
Its
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 27t( day of
~ ' 1998, by Mark Olson, as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
7h-L/c~,
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTYOFWRIGHT )
~ foregoing instrument was acknowledged before me iliis ::< 7d day of
F: , 1998, by Linda Houghton, 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.
MICHAEL C. COllRI
ftOTARY PUBUG-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31. 2000
" ~~Y',>
~CL
Notary Public
28
,,1
STATE OF MINNESOTA)
) ss.
COUNTYOFWRIGHT )
The foregoing instrument was acknowledged before me this c?f7-1-/I day of
:t:~ ~ ' 1998, by Kent Roessler, as President of Pilot Land Development
Company, Inc.
--:J
~~/ ~.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
~ 1)1e foregoing instrument w~w~ore me this cf1 ./'''H day of
~~7 ' 1998, by - '-'l/ of Pilot Land Development
Company, Inc_ - - - '-:? _,_ ~-;J
b.4;&/~--- ('-::z--z~
Notary Public
fA) PATRICIA PRATT
~ NOTARY PUBUC - MINNESOTA
_ My Comm. Exp. Jan. 31.2000
DRAFTED BY:
Radzwill & Couri Law Office
P.O. Box 369
705 Central A venue East
St. Michael, MN 55376
(612)497-1930
29
Cedar Creek North
The West Half of the Southwest Quarter of Section 35, Township 121, Range 24,
Wright County, Minnesota, except therefrom the following described tract:
Commencing at the northwest corner of said South Half of the West half of the
Southwest Quarter; thence south along the west line thereof 208.75 feet to the
point of beginning of the parcel to be described herein; thence continue south
along said west line 208.75 feet to a point; thence east at right angles 208.75 feet
to a point; thence north parallel to the west line of said South Half of West Half
208.75 feet to a point; thence west to the point of beginning.
Cedar Creek South
The Northwest Quarter of Section 2, Township 120, Range 24, Wright County,
Minnesota, except therefrom that part lying southwesterly of the centerline of
Wright County Highway Number 118.
Schumacher
That part of the East Half of the Northeast Quarter of Section 3, Township 120,
Range 24, Wright County, Minnesota that lies northeasterly of the centerline of
Wright County Highway Number 118.
Welter
The Northeast Quarter of the Southwest Quarter, except that part lying
southwesterly of the centerline of Wright County Highway Number 118. That
part of the Southeast Quarter of the Southwest Quarter lying northeasterly of the
centerline of Wright County Highway Number 118. That part of the Southwest
Quarter of the Southeast Quarter lying northeasterly of the centerline of Wright
County Highway 118 and west of the centerline of County Ditch Number 9, all in
Section 2, Township 120, Range 24, Wright County, Minnesota.
Center Oaks
Outlot C, Center Oaks, according to the plat thereof on file and of record in the
office of the County Recorder, Wright County, Minnesota.
The above described parcels containing 331.42 acres.
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