No Date Agreement Summary
CEDAR CREEK GOLF COURSE PLANNED UNIT DEVELOPMENT
CONCEPT PLAN MASTER AGREEMENT SUMMARY
Please note that paragraph numbers mentioned below correspond to the paragraphs
within the developer's agreement. The standard, minor points of the developer's
agreement are not mentioned below.
Par. No.
1. The Developer will pay for and install all municipal improvements (streets, sewers,
water, curb, gutter, ponding, etc.). hnprovements will be installed phase-by-phase
rather than all at once. All improvements will have a two year warranty. Developer
will plow the streets until at least once house is occupied, at which time plowing will
be taken over by the City.
2. Developer will construct and pay for all on- and off-site improvements (street signs,
traffic signs, bituminous or concrete driveways, sod, storm water retention/water
quality ponds, etc.)
3. Status of Streets
A. The streets serving the town homes in Cedar Creek South will remain private
and will be maintained by a homeowner's association.
D. Developer will apply a layer of oil on Kadler Avenue and, if necessary, apply
two inches of pavement at a later date.
E. Karsten Avenue will be constructed by the earlier of October 15,2001 or with
the installation of Municipal Improvements for Phase three of Cedar Creek
North.
G. When the developer begins the grading of the golf course, developer will apply
to both the City of Albertville and the City of St. Michael for the vacation of
Kadler Avenue.
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I. Developer will maintain all "islands" in the streets shown on Phases 3 and 4 of
Cedar Creek South, and will provide a maintenance agreement for these
"islands" prior to fmal plan approval.
4. Developer will install and pay for the construction of a lift station in the location of
the townhomes on County Highway 118..
A. The City will make good faith efforts to establish a trunk sanitary sewer charge on
all property within the City of Albertville which the City Engineer determines can
make use of said Lift Station via gravity flow sanitary sewers.
B. City agrees to reimburse Developer a portion of the money collected under the
Trunk Charge ordinance which stem frpm the per-acre charge and are related to
the cost of the lift station.
C. The City's obligation to reimburse developer shall exist only to the extent that the
City collects the Lift Station charges, and no other monies will be used to
reimburse developer. The City's obligation to reimburse Developer will cease on
July 31,2010.
F. Developer will acquire all permanent and temporary easements necessary for the
installation of the Lift Station and shall dedicate all such easements to the City.
G. Developer will dedicate the Lift Station to the City upon its completion, and it
shall be warranted for two years from the date of its dedication to the City.
5. Intended use of Subject Property.
A. The Developer and City intend that the property will be used for single-family
detached dwelling units, two-family attached dwelling units and an eighteen hole
golf course. Developer agrees that it shall not construct any units other than those
as shown on the Concept Plan. The number of single family lots shall not
exceed and the number of twin / town homes shall not exceed for all
of the Subject Property. The golf course land can only be used for a golf course
and not for any other use without Council approval. The restrictions on the use of
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the land will run with the land and bind all future assignees and/or successors in
interest.
C. Developer shall require all homes abutting the golf course to install at least a 1/3
brick, stone, stucco or wood facing on their front.
D. Developer shall require that the minimum square footage of each town home in
the development be no less than 960 square feet. Developer will require that the
minimum square footage for the garages adjacent to the town homes be no less
than 480 square feet.
F. The golf course will 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 fee
charged to the general public for use of the golf course for a 5-year period.
H. The underlying zoning on the residential lots will be R-IA, except that lot widths
and setbacks can vary, 16 lots will contain less than 15,000 square feet but at least
12,500 square feet, and all lots will be at least 80 feet wide.
I. The Developer will submit detailed plans for the townhomes at development plan
stage.
6. A 100% surety will secure the installation of all municipal improvements, and a 50%
surety will secure the installation of all on- and off-site improvements (sod,
driveways, etc.). The surety can consist of 75% letter of credit and 25% bond. The
surety for each phase will be provided to the City as the fmal plan for each phase is
approved. The construction of the golf course will not be secured by a surety.
Rather, developer agrees that Phases three and four of the residential developments
will remain unbuildable open space until the golf course is completed in accordance
with the requirements of the Master Agreement.
8. Sanitary Sewer Trunk Line Fees
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A. Developer will pay the City's Sanitary Sewer Trunk Line Fee, in the amount of
$1400.00 per acre (although this fee will increase), as each residential phase is
granted fmal plan approval. Should the fee required by the City change from time
to time, developer will pay the per acre fee in effect at the time of fmal plan
approval of each phase.
B. By October 1, 1999, Developer will pay $3,200, representing a reduced trunk line
fee for the golf course area due to anticipated reduced per-acre sanitary sewer flow
from the golf course use.
C. Developer will receive a credit of $900.00 per acre to be applied to the Trunk Line
Fee, except for the acreage associated with the golf course, pursuant to the
Parkside Third Addition Developer's Agreement.
9. Project phases.
A. Developer will be allowed to develop the property in phases. Developer will not
be allowed to build structures on any portion of the Subject Property until the
portion to be built upon has received fmal plan approval from the City.
B. The Developer will rough grade and seed the golf course by September 30, 1998.
If the rough grade is not completed at that time, all Phase three and four properties
will remain vacant and unbuildable until such rough grade and seeding is
completed.
C. Developer will not be able to proceed with Phase three or four property until all 18
holes of the golf course have been completed, construction has begun on the club
house, and the golf course is open for business.
D. Developer shall install a paved parking lot for the eighteen hole golf course by
October 31, 1999.
E. Developer will not be granted fmal plan approval for any Phase 4 property until a
golf course club house reasonably adequate to support the operation of the golf
course is fully constructed and operational.
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F. Developer will establish homeowners' associations for each phase of the town
home developments. The associations will provide for the maintenance of all
common areas and the exterior of all town home structures, and the association
agreements shall be in a form acceptable to the City Attorney.
G. The Developer can shift the boundary lines of phases based upon market
conditions so that more or less lots are contained in any particular phase.
13. Developer will comply with all requirements for drainage into any county ditch or other
ditch through which water from the Subject Property may drain.
16. Miscellaneous
E. The Developer will be released from portions of the Developer's Agreement as it
completes the requirements of the developer's agreement.
J. Developer acknowledges that approval of the Concept Plan is in no way 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. 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.
K. The City shall give concept approval at the time of execution of this agreement,
but no development plan approval shall be granted until the City of St. Michael grants
approval of a conditional use permit allowing the golf course use on the Subject
Property located in St. Michael.
1. In the event an Environmental Impact Statement is required, the City reserves the
right to refuse to approve development plan or fmal plans for any Phases of the Subject
Property until said Environment Impact Statement has been adequately completed.
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18. Should developer breach the agreement, the City will give developer written notice of
such and 30 days to cure. Upon failure to cure, the City may draw upon the expiring letter of
credit.
19. Dedications to the City
A. Upon the completion of all construction work and other requirements of the City,
the Developer shall dedicate all roads, right of ways, sewers and water mains to
the City.
B. Developer shall dedicate park land to the City according to the City's park
dedication ordinance. Any shortages in land shall be satisfied by cash payment.
Land zoned R5 shall not be included in park dedication at this time. Wetlands
dedicated as park land shall not be credited toward park dedication requirements.
C. It has been agreed that Developer will dedicate 8.08 acres of the required land and
the remainder of the park dedication requirement will be paid in cash to the City
on a per lot basis representing 58 % of the residential lots in the development.
58% of the residential lots equals 204 lots upon which the Developer will pay a
per lot dedication.
D. If Developer dedicates more park land than is required, Developer will receive a
park land dedication credit which may be applied toward future phases. Payment
of said park dedication fee shall occur prior to release of fmal plan.
E. For purposes of satisfying the City's commercial park dedication requirements, it
is agreed that Developer will dedicate cash in the amount of 10% of the value of
the golf course land. The land will be valued based upon its zoning for a golf
course use, but any improvements shall not be included in the valuation.
Valuation may be determined by an appraiser or by the County assessed value.
F. Developer will dedicate and pave all trails, and will receive a deduction
accordingly from the amount required under the park dedication fee. Developer
will be reimbursed for design and some inspection engineering costs.
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G. Developer will provide the City with drainage easements over each pond into
which storm water from any phase will drain.
H. Developer will maintain all ponds located on the golf course land.
I. All non-buildable wetlands shall be deeded to the City by Developer.
20. 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
each Phase not specifically addressed in the Master Agreement.
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