2000-10-09 CUP Dev Agmt AV 2nd
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EXHIBIT
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CITY OF ALBERTVILLE
CONDITIONAL USE/PLANNED UNIT DEVELOPJ\1ENT ACUEEI\'lENT
ALBERT VILLAS SECOND ADDITION
THIS AGREEMENT, entered into this 1;t( day of ozA ' :WOO by and
between EDINA DEVELOPMENT CORPORATION refen-ed to herein as "Developer";
and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City";
WITNESSETH:
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\VHEREAS, DeveLoper is the fee owner of the real property described in the
attached Exhibit A, which real property is proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is intended to
bear the name "Albert Villas Second Addition" and shall hereinafter be referred to ill its
entirety as "Said Plat" or "Subject Property"; and
)VHEREAS, Developer intends to subdivide 40.85 gross 3!;reS into 78 single-family
residential lot5for purposes of constructing 78 single-family residential units; and
WHEREAS, approval ofa Conditional Use Permit/Planned Unit Development is
required to allow for the aforementioned subdivision proposed by Developer; and
\VHEREAS, the City has given preliminary approval of Developer's plat of Albert
Villas Second Addition contingent upon compliance with certain City requirements
including, but not limited to, matters set for1h herein; and
\VHEREAS, the City requires that cel1ain public improvclIIl.:lIlS including, but not
limited to bituminous street, curb and gutter, grading, drainage, S:1llil;uy se\V~r, water and
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storm sewer (hereafter "Municipal Improvements") be installed to serve the Subject
Property and be financed by Developer; and
WHEREAS, the City further requires that celtain on- and off-site improvements be
installed by the Developer within Said Plat, which improvements consist of boulevards, top
soil and sod, grading control per lot, bituminous or concrete dIiveways, parking lot,
drainage swales, benning, street signs, street cleanup dUling project development, erosion
control, and other site-related items; and
WHEREAS, this Agreement is entered into for the plllpose of setting foith and
memorializing for the parties and subsequent owners, the understandings and covenants of
the parties concerning the development of the Said Plat and the conditions imposed thereon;
NOW, T!-IEREFORE, IT IS HEREBY AND HEREIN j\'IUTUALL Y
AGREED, in consideration of each party's promises and considerations herein set fOl1h, HS
follows:
1. Conditional Use Permit. Developer is hereby granted a Conditional Use Pennit to
allow the development of Said Plat as a Planned Unit Development with flexibility
from the strict requi.rements of the City's Zoning Ordinance in relation to minimum
lot sizes, lot widths and set-back requirements. Unless oth~rwise explicitly set forth
in this Agreement, however, Developer must confonll to the -requirements of the
Albertville Zoning and Subdivision Ordinance, as well as all other applicable land
use regulations. Developer agrees that the following conditions will be met on a
continuing basis:
A. A property owners' association is established in compliance with Sections 1100
and 2700 of the City Zoning Ordinance and a property maintenance agreement
and declaration of covenants, conditions, and restrictions are approved by the
~City Attorney and recorded against the title to each lot witllin Said Plat and shall
remain in force throughout the life of Said Plat.
B, All grading, drainage, utility, wetland mitigation, and transportation issues that
arise dw'ing development of Said Plat shall be subject to review and approval by
the City Engineer.
C. Trees, sluubs, benns and screening are planted and installl.:d as shown on the
landscnpe plan attached as Exhibit B. Dl:vdlllh:r shall pnllllplly replace all
landscaping plants which die withilltwo years of planting.
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0, Developer shall, at its own expense, construct sidewalks and trails l/l the
locations shown in the attached Exhibit B,
E. The applicant shall file deed restrictions with the Wright County Recorder of
Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline
easements indicating that no structw'es can be built within the easement areas,
The applicant shall also file deed restrictions with the WIight County Recorder of
Deeds for all lots adjacent to or containing wetlands, stonn water ponds, or which
are adjacent to Wright County Ditch No, 9 indicating that no structures can be
built within 20 feet of wetlands, stonn water ponds or Wtight County Ditch No.
9. All such deed restrictions shall be subject to the approval of the City Attorney.
'F. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City
with a copy of the sales literature identifying NSP and Amoco easement building
restrictions, the required twenty (20) foot wetland setback building restrictions,
the location of all future parks within Said Plat, and the location of all sidewalks,
trails and easements, Developer agrees that the aforementioned sales literature
will be distributed to all potential lot buyers within Said Plat prior to the sale of .
any of said rots by Developer.
G. It is the understanding of the Parties that Developer dQes not presently intend to
make use of model homes within Said Plat. The Pal1ies acknowledge and agree
that should Developer decide to construct any model homes within Said Plat, use
of such Model Homes shall be consistent with Section 2200 of the Albeltville
Zoning Ordinance, The Parties ful1her agree that prior to construction of any
model homes, the Parties will enter a model home agreement and that said model
home agreement shaH be subject to review and approval by the City Attorney.
H. The folJowing requirements apply to the Subject Property:
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DistaIh':C
· Setback (PUD periphelY)
· Setback (front)
· Setback (side-interior)
· Setback (side-comer)
· ~etback (real')
· Wetland Setback
35 feet
30 feet
10 feet
20 feet
30 feet
20 feet fi'om ordill31Y high-
water mark.
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2, Construction of 1\1unicipnl Improvements.
A. The Developer shall construct those Municipal Improvements located oil and
off Said Plat as detailed in the Plans and Specifications for Albel1villas, as
prepared by E.G, Rud & Sons, Inc, dated August 7, 2000 and on file with the
City Clerk, said improvements to include installation of bituminous street,
curb and gutter, water mains, sanitary and storm sewers, stonn water ponding
and site grading, All such improvements shall be constructed according to the
stanqards adopted by the City, along with all items-:required- by the City
Engineer, Unless the City Engineer specifies a later date, said improvements
shall be installed by October 31, 2001, with the wear course of bituminous
pavement to be installed after May 15,2002, but before June 30,2002.
B. TIle Developer walTants to the City for a period of two years fi"om 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 sUlface or other usable areas due
to improper construction, said wan"anty to apply both to poor materials and
faulty workmanship,
C. Developer shall provide the City with lien waivers fi'om all contractors and
subcontractors engaged to construct said improvements on Said Plat. Should
Developer fail to provide the City with all applicable lien waivers, the City
reserves the light to draw upon Developer's surety and pay any cOl~tractors
who pelfonned work on any Municipal Tmproveillents -and whom Developer
has failed to fully pay for the pelfonllance of said work.
D, TIle City shall, at its option, have the City Engineer present on Snid Plat for
inspection purposes at all times (or such times as" the City may deem
necessary) dllling the construction and installation of said Ivlunicipal
Improvements, Developer agrees to pay for all CUSlS incurred by the City
during said inspections,
3, Construction of On- and Off-Site Improvements.
A, Developer shall COI1StlUCt all on- and off-site improvements including
installation of boulevards, street signs, trafJic signs, yard lop sllil, sod and
seed in all yards, grading control per lot, bituminuus or l.:llllcrt:le dri vcways
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and parking lots, drainage swales, benning, and like items as necessmy, street
cleanup dw"ing project development, and erosion control, all as required by
City ordinance, Front, side and pOl1ions of the back yards shalf be sodded in
accordance with the Residential Development Standards as on file with the
City Administrator's Office. Those portions of the backyards not required to
be sodded may be seeded with grass seed or sodded. In all cases pennanent
huf or grass must be established over all areas of the lot not covered by a hard
or impervious swface. Said on- and off-site improvements shaH be installed
no later than October 31,2003, with the exception of erosion control,
drainage swales and benning, which shall be installed u-poninitial grading of
Said Plat.
B. Developer shall, at its own expense, cause the following items to be installed
within the development, all such items to be installed under ground, within
the street right of way or such other location as may be approved by the City
Engineer, accessible to a1110ts and in compliance with all applicable state and
local regulations:
1. Electrical power supply, to be provided by N0I1hem States Power or
other such canier;
11. Natural gas supply, to be provided by Minnegasco or other such
Call1er; ,
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111, Telephone service, to be provided by Splint/United Telephone
Company or other such canier;
iv. Cable TV service, to be provided by a local canier;
In addition, the Developer shall, at its own expense, cause street lights and
stJ'eet signs to be of such type and to be instalJed :It such locat ions as required
by the City Engineer and in confonnance with the 1\,lalHml on Uniform Traffic
Control Devices,
C. Developer has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached hereto and incoqJorated herein
as Exhibit C. Developer agrees to have all utilities installed according to this
Exhibit C.
D, Developer shall install silt fencing in back of all curbing within 30 days afler
said cm"bing is install~d, or 7 days after the "smallulilities" (gas, phone,
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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 pw-pose of allowing construction vellicles to pass
fi'om 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 3A above, the Developer
shall ,install to the City's satisfaction improvements for each lot or- parcel prior
to the date that a cel1ificate of occupancy (temporalY or pemlanent) is issued
by the City for a building located on the lot, unless the cel1ificate of
occupancy is issued after October 1st and before March 30th in any given
year, in which case a celtificate of occupancy shall be issued only if the
O\.vller of the lot has entered into an escrow agreement \-vith the City and
provided an escrow for 150% of the estimated cost of said improvements
pursuant to City Ordinance.
4.
Intended Use of Subdivision Lots. The City and Developer agree that the lots in
Said Plat aloe intended only for single-family residential use in the number and the
configw'ation as al'e shown on the attached Exhibit D, Dev~loper shall construct
only single family dwellings in the immber and configuration shown on the attached
Exhibit D, lIDless Said Property is rezoned by the City in the future. Outlots A and B
shall remain unbuildable wlless and until replatted into numbered lots and blocks,
Developer represents that it shall replat Outlot B in th~ future as palt of a future
single-family residential plat.
5. Surety Requirements.
A.=, Dev~loper will provide the City with an in'evocable letterof credit (or other
surety as approved by the City Attomey) as security that the obligations of the
Developer under this contract shall be pelfonned. Said letter of credit or
surety shall be in the amount of$865, 100 representing the sum of 100% of
the estimated cost of the Municipal Improvements ($800,000),50% of the on
and off-site improvements ($47,400), and 150% oflhe estimated cost for
landscaping/screening materials ($17,700), Said letter of credit or suret)' must
meet the approval of the City attomey as to form and issuing bank,
B. The City may draw on said letter of credit or surely to t:lJlllpli:l~ work nol
perfo/111ed by Developer (including but not limilt:d II) 011- and ofT-site
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improvements, Municipal Improvements described above, erosion conh"ol,
and other such measures), to pay liens on property to be dedicClted to the City,
to reimburse itself for costs incurred in the drafting, execution, administration
or enforcement of this Agreement, to repair or COITect deficiencies or other
problems which occur to the MWlicipal Improvements during the warTanty
period, or to othelwise fulfill the obligations of Developer under this
agreement. '
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In the event that any cash, irrevocable letter of credit, or other surety refenoed
to herein is ever utilized and fOWld to be deficient in ambunt 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
overage in the amount of utilized security, the City will, upon making said
deielmination, refund to the Developer any monies which the City has in its
possession which a.re in excess of the actual costs of the project as paid by the
City.
D.
Developer hereby agrees to allow the City to speciaIly assess Developer's
property for any and all costs incunoed by the City in enforcing any of the
tenus 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.
- "'iii'the'am6lUlfr~q~ired above w'ithin 30 days of mailing ofwIitten request by
the City. Should the City ,assess peyeJQper's propel1y for said costs,
Developer agre-es not to co-utest or appeil Stich assessment and waives nIl
statutory rights of appeal under Minnesota Statutes, including Minnesota
Statute 429.081.
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That portion of said cash, i.I1'evocable letter of credit or other surety with
respe~t to the perfonnance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that nIl
such items are satisfactorily completed pursuant to this Agre~lllellt.
In the event a surety refenoed to herein is in the form of nn ilTevocable Jetter of
credit, which by its telms may become null a.nd void prior to the time at
which aU monetary or other obligations of the Developer are paid or satisfied,
it is agreed thnt the Developer shall provide the City wilh a IH:W It:ltcr of
credit or other surety, acceptable to the City, at Jeast tl'>I1y-tive (45) days prior
to the expiration of the origillallel1er of credit. If a lIew kller of c.;rt:dit is not
received as required above, the City may Wilholllllllli\:1.: Il) Devc/op~r declare
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a default in the tenns of this Agreement and thence draw in part or in total, at
the City's discretion, upon the expiling letter of credit to avoid the Joss of
surety for the continued obligation. The fonn of any ilTevocabJe lel'ter of
credit or other surety must be approved by the City Attomey prior to its
Issuance.
6, Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements, On- and Off-site-Improvements,
and/or Landscaping Improvements and when it is reasonably pmdent, the
Developer may request of the City that the surety be proportionately reduced
for that portion of the Mlmicipal Improvements which have been fully
completed and payment made therefor, All such decisions shall be nt 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 ofmaiJing of the billing.
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B. . The Developer may request of the City a reduction or release of any surety as
follows:
, i. When another acceptable letter of credit or sui-ety is fumished to the
City to replace a prior letter of credit or surety.
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11. When all or a portion of the Municipal Improvements or the 011- and
off-site improvements or the Landscaping Illlpr:ovements 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 constmction price of the tvlullicipallmprovcments
dw"ing the second year of the warranty period, and the City shall retain
the letter of credit or surety in the amollnt of25~~ of the estimated
landscaping costs for two years fi'Olll the time of the installation of said
landscaping matetials,
1II. As to all requests brought under this paragraph 11, the Cily Council
shall have complete discreliol1 whether to n:dlll:1..' llt" lit)! to reduce said
letter of credit or surety.
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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,
7.
Abandonment of Project - Costs and Expenses. In the event Developer should
abandon the proposed development of the Subject Propel1y, the City's costs and
expenses related to attomey'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 representations 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 pall,
ceases substantial field work for more than nine (9) months, fails to provide
sufficient groWld-cover to prevent continuing soil erosion from the Said Plat, or filils
to leave the abandoned property in a condition which can be mowed using
conventionallaWIl mowing equipment, Developer agrees to pay all costs the City
may incur in taking whatever action is reasonably necessalY to provide ground-cover
and othelwise restore Said Plat to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion fi'om
Said Plat and to facilitate mowing of Said Plat. In the event that said costs are 110t
paid, the City may specially assess such costs against the lots within Said Plat ancVor
take necessaIy legal action to recover such ,costs, including attol1leys fees. Developer
knowingly and voluntarily waives all rights to appeal said special assessments under
Minnesota Statutes section 429.081.
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8, 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,
enforcement or execution of this Agreement and the approvnl of Said Plat, as well as
all reasonable engineering expenses ulculTed by the City in designing, approving,
installing, aq~ inspecting said Improvements described above. Developer agrees to
pay"all such costs within 30 days of billing by the City. If Developer nlils to pay said
amounts, then the City may specially assess such costs agninsr the lots within Said
Plat. Developer knowingly and voluntarily waives all rights to appeal said spel.:ial
assessments under Minnesota Statutes section 429,08). Developer has the right to
request time sheets or work records to velify said billing prior to payment.
9. Erosion and Siltation Control. Before any grading is started 011 any site, all erosion
control measures as shown on the approved erosion control plan shall bl.: strictly
complied with as set forth in the attached Exhibit D. Dcvdopl.:'r :;114111 :lISt) install all
erosion control measures deemed necessary by lire City ElIgilll.:LT sllllldd rhe erosion
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control plan prove inadequate in any respect.
10. Drainage Requirements. Developer shall comply with all requirements set fOl1h
for drainage into any county ditch or other ditch through which water Ii"om Subject
Property may drain, and shall make any necessaJY improvements or go through any
necess3..lY procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense,
1 L Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for 3..I1Y damage which may
occur to public property including but not limited to streets, street sub- base, base,
bituminous sUlface, curb, utility system including but not limited to watellllain,
sanitalY sewer or stOllll sewer when said damage occurs as a result of the activity
which takes place during the development of Said Plat. The Developer f11l1her
agrees to pay all costs required to repair the streets, utility systems and other public
property damaged or cluttered with debris when OCCUlTing as a direct or indirect
result of the construction that takes place in Said Plat.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property OCCUlTing as a result
of construction activity on Said Plat wiII be repaired immediately if deemed to "be
an emergency by the City, Developer fUl1her agrees that any damage to public
property as a result of construction activity on Said Plat will be repaired within 14
days if not deemed to be an emergency by the City.
If Developer fails to so clean the str'eets or repair or maintain said public
property, the City may ulldeltake making or causing it to be cleaned up, rep.lired or
maintained. When the City undertakes such activity, the D~veloper shall reimbm'se
the City for~lI of its expenses within thirty (30) days of its billing to the Developer.
If the Developer fails to pay said bill within thil1y (30) days, thc:n the City lllay
specially assess sllch costs against the lots within Said Plat and/or lake necess<uy
legal action to recover such costs and the Developer agn~t:s Ihat Ihe City shall he
entitled to attomeys fees incuITed by the City as a result orsll~h legal at:lion.
Developer knowingly and voluntaIily waives nil rights to appc:al said special
assessments under Minnesota Statutes section 429.081.
12. Temporary Easement Rights. Developer shall provide acce'ss Il) Ihe Sllbj~ct
Propelty at all reasonable times to the City or ils repreSt:nl:tlivL":> flIt' pllrp~)St:S nf
inspection or to accomplish any necessmy work pursuant to Illis Agreelll~nt.
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13. 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 Co.ntract is for any reason held invalid by a Court of competeiTt
jwisdiction, such decision shall not affect the validity of the remaining
portion of this Contract.
C. If~ui1ding pelmits are issued pdor 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 pru1ies.
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D. TIle action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Contract. To be binding; amepdments 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 Contractshall not be a waiver or release.
E. This Contract shall run with the land and shall be recorded against the title to
the property, After tJle Developer has completed all work and obligations
required of it under this Contract, at the Developer's request, the City will
execute and deliver to the Developer a release of its obligations undc:r this
- . Agreement. However, at no time shall the City release tllOse provisions of
this Agreement which, in the City's sole judgment, conlain continuing
obligations. Said continuing obligations include, but af~ not lilllitc:d to,
paragraphs 1,4,8,13,14, 15, 16, 17, 18,20,21,25.
F. The Developer represents to the City that Said PInt complies with all City,
county, state and federal laws and regulations, including but nor limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If
the City detel1l1ines that Said Plat does not comply, the Cily may, at its
option, refuse to allow construction or devdoplllent work in the plat until the
Developer so complies. Upon the Cily's demand, rh~ DI.:\'\:lopcr shall cease
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work until there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any
constlUction on the Subject Propel1y, Developer shall provide the City with
evidence of good and marketable title to all of Subject Propel1y. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment fi'om a national title instu"ance company, or an abstract of title
updated by an abstract company registered Wlder tlle laws of the State of
Minnesota.
H. Developer shaH comply with all water, ponding and wetland related
restIictions, if any, required by the City of Albeltville and/or any applicable
provisions of State and Federal law,
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The Albertville City Cowlcil reserves the light to allocate wastewater
treatment capacity in a manner it finds to be ill the best interests of the public
health, safety and welfare, Developer acknowledges and agrees that the City
is cUlTently in the process of expanding its wastewater treatment plant
capacity:' Developer fw1her acknowledges and agrees that delay in the '.
availability of wastewater treatment plant capacity may occur for some lots
located within Said Plat and tllat such delay in capac~ty availability lllay also
delay the issuance of building pennits for some lots \vithin Said Plat.
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J. Developer shall not place any stlUcture at an elevation such that the lowest
grade opening is less than two feet above the highest known surface water
level or ordinary high water level or less than one foot above the 100-year
flood level of any adjacent water body or wetland, If sufficient data: on high
water levels is not available, tlle elevation of the line of pellllanent aquatic
vegetation shaH be used as tlle estimated high water elevation. \Vhen fill is
required to meet this elevation, the fill shall be allowed 10 stabilize and
construction shall not begin until the property has been npproved by the
Building Inspector or a professional soils engillta.
14. Violation of Agreement.
A. Except as othelwise provided in this Agreement, upon any det~lult by
Developer, its successors or assigns, of nny of the covennllts and ngreements
herein contained, the City shnll give Developer thirly (30) days mailed l10lice
thereof (via celtified mail), and if slIch dt.:fault is 1101 ClIfl.:d Wilhill said lhin)'
(30) day period, the City is hereby grallled Ihe righl ;lIId Ill\.: privill.:ge In
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declare any deficiencies govemed by tllis Agreement due and payable to tlle
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 inunediately and without notice or consent of the
Developer complete the Developer's obligations under this Agreement, and
specially assess the costs thereof against the lots within Said Plat and/or bJing
legal action against the Developer to collect any sums due to the City
pw'suant to this Agreement, plus all costs and attomey's fees incuITed in
enforcing this agreement. Developer knowingly and voluntalily waives all
statutory rights to appeal said special assessment lUlder Minnesota Statutes
sectioi1429.08 I.
B. Breach of any of the teJms of this Contract by the Developer shall be grounds
for denial of building pennits and/or revocation of the Conditional Use
Peimit.
15. Dedications to the City.
A. Municipal Iinprovement Dedications: The Developer, upon presentation to the
City of evidence of good and marketable title to Subject Property, and upon
completion of all construction work and certification of completion by the City
Engineer, shall make the following dedications to the City:
1. Developer shall dedicate easements to the City over, under and across
all trails,. and shall dedicate all parks within Said Plat, if any, to the
City, in a fOlm and with legal descliptions acceptable to both the City
Engineer and City Attomey.
2. Developer shall dedicate to the City all streets within Said PInt.
B. Park and Trail Dedications: Developer ackno\.vledges and agrees that in
order to satisfy the City's pnrk dedication r~qllirl.:nH:llts for Said Plat,
Developer is required to pay $1,300 per platted lot. There are 78 lots being
platted in this phase, Prior to release of Said Plat, Developer shall pay City
a cash payment totaling $10 I ,400, an amount represt::nting the total park
dedication cash requirement (78 lots x $1,300) for this phase.
. 16. Phas-ed Development. If the plat is a phase of a multi-phased prc:limimllY plat, tht::
City may refuse to approve final plats of subsequent phases Ullt il public
improvements for all prior phases have been satisfactorily cOlllplded. Oevdopl1lent
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of subsequent phases may not proceed Wltil Development Contracts. for such phases
are approved by the City, Approval of this phase of the Development shall not be
construed as approval offuture phases nor shall approval of this phase bind the City
to approve future Development phases, All future Development phases shall be
governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development phases
are approved by the City,
17. Indemnity. Developer shall hold the City and its officers and employees hal111less
from claims made by Developer and third parties for damages sustained or costs
incurred resulting from Said Plat 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 nltorney's
fees. Third parties shall have no recourse against the City under this contract.
18, 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.
19. Limited Approval. Approval of this Agreement by the City Council and issuance
of the Conditional Use Pelmit which is the subject of this agreement in no way
constitutes approval of anything other thall that which is expiicitly specified in this
Agreement.
20. Sanitary Sewer and \Vater Trunk Line Fees. Plior to the City releasing Said
Plat, Developer agrees to pay a trlll1k sewer charge in the mllount of $57,190,
representing $1,400 per acre of Said Plat multiplied by 40.85 gross acres contained
in Said Plat. In addition, prior to release of Said Plat, Developer ngrees to pay a
trunk water charge in the amount of $44,935 representing $1, 100 per Hcn: of Said
Platmultipli,ed by 40,85 gross acres contained in Said Plat. Developer agrees to
pay'said anlounts prior to the City's release of Said Plat.
21. Professional Fees. The Developer will pay all reasonable professional fees incum~d
by the City as a result of City effolts to enforce the terms of this Agreement. Said
fees include attomey's fees, engineer's fees, planner's fees, and any other professional
fees incun'ed by the City in attempting to enforce the terms of this Agreement. The
Deve!oper will also pay all reasonable attollley's nnd professional fel:s inclIlTed by
the City in the event an action is brought upon a Idkr of l:n.:dil Ill" lllhl:r surety
furnished by the Developer as provided herein.
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22, Plans Attached as Exhibits. AU plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear, Unless otherwise
specified in this Agreement, Developer is bOlUld by said plans and responsible for
implementation of said plans as herein incorporated.
23. Inte ration Clause, Modification b \Vritten A reement Onf . This Agreement
represents the full and complete understanding of the parties and neither par1y is
relying on any prior agreement or statement(s), whether oral or Wlitten.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties, .'__ ,.,._.
24. Notification Information. Any notices to the parties herein shall be in Wliting,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the foJ1owing parties:
City of Albertville
c/o City Clerk
P,Q. Box 9
Albertville, MN 5530 I
Telephone: (612) 497-3384
Edina Land Corporation
700 Industry A venue
Anoka, MN 55303
Attention: Rick Lewondowski
Telephone: (612) 323-9086
25. Agreement Effect. This Agreement shaU be binding upon and extend to the
representatives~ heirs, successors and assigns of the pru1ies hereto,
CITY OF ALBERTVILLE,
ts Mayor
8;~>~) ~
15
.' .
Its Clerk
STATEOF1vfINNESOTA)
) 55.
COUNTY OF WRIGHT )
EDINA DEVE47 CORPORATION
, rA '<
By Rick Lewondowski
Its President
The foregoing instrument was acknowledged before me this q -r- day of
0(., \v bt / .' , 2000, by John A, 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. , '
I!fU (r:~
otary Public
,STATEOFA1INNESOTA)
)ss.
COUNTY OF WRIGHT ,)
G MICHAEL c. eOURI
1 ~I NOTARY PUBLIC '1.lINNESOTA
.-..;P My Comm, /::xl', Jan. 31, 2005
'H~"V~^~.tJ'/f-H..l'"'''.J.'-r.Yr1ol,,^'''
,-1I1e foregoing instrument was acknowledged before me this fd day of
Oq_ . 2000, by Linda Goeb, as Clerk-Administrator of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
~/(c-
Notary Public
STATE OF MINNESOTA)
) 55.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this CJ of '- day of
() c. h b?/ , 2000, by Rick Lewondowski, as President of Edina Development
,
,
16
..
Corporation.
DRAFTED BY:-
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St Michael, ~ 55376
(612)497-1930
00
'.
. :.,.
.
.
.
". JEFFREY M. CHRISTIAN I
.: NOTARY PUBL.'~ - MINNESOTA
My Conlm. Expir$S'Jan:3t, 2005-
.
17
00
.. ,
EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing of the Albert Villas Second Addition Plat):
Lots 1-8, Block I
Lots 1-7, Block 2
Lots I -37, Block 3
Lots I -7, Block 4
Lots 1-5, Block 5
Lots 1-14, Block 6 .
OutIots A and B
All said property in Albert Villas Second Addition plat, City of AlbertvilIe, County
of Wright, Minnesota. .
.
-,
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