1998-08-17 Agreement Allowing Early Construction
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yment of $37,346 to release the plat per section 17.B.2.
nd construct trails along Karston Avenue and 64th
or this trail construction can be deducted from the amount
~quired in order to release the final letter of credit amounts.
;ts including engineering are $13,500. In addition, Mr. Lund
ide against the remaining park fee obligations. The trade
for grading, $1675 for staking, $1000 for project management
he ball fields. For initial credit purposes I will use the low
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~quired park dedication in cash to be as follows:
878 remaining balance. Our check will be in this amount to
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and the clarification of the amounts to release the plat..
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costs
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-lam Lake, MN 55304 . 757-9816 . Fax: 757-4094
AGREEMENT ALLOWING EARLY CONSTRUCTION OF MODEL HOMES
CITY OF ALBERTVILLE
KARSTON COVE
THIS AGREEMENT, entered into this ! 7/t4~day of August, 1998 by and between
Pilot Land Development Company, Inc., collectively referred to herein as "Developer"; 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 of land are proposed to be subdivided and platted for development as "Karston
Cove" and may sometimes hereinafter be referred to as the "Subject Property;" and
WHEREAS, the City has given final approval of Developer's plat of Karston Cove
contingent upon compliance with certain City requirements including, but not limited to,
matters set forth herein; and
WHEREAS, the City normally requires that property be finally platted and certain
public improvements including, but not limited to, grading, sanitary sewer, water, storm
sewer, curb and gutter, and streets (hereafter "Municipal Improvements") be installed to serve
the Subject Property prior to the commencement of construction of homes on the Subject
Property; and
WHEREAS, the Developer has requested that it be allowed to begin construction of
six (6) model homes on the Subject Property prior to final platting; and
WHEREAS, the Developer has already begun installation of utilities and a base
course of bituminous street abutting the lots upon which Developer requests permission to
build model homes; and
WHEREAS, the City has agreed to allow construction of said model homes subject to
the terms contained in this agreement;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED,
in consideration of each party's promises and considerations herein set forth, as follows:
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1. Developer shall be allowed to construct 2 model home structures, a "quad" and a
"duplex", within the confines of Lots 1 through 6 (all inclusive) Block 3, as shown on
the Karston Cove Plat, as approved by the City and on file with the City Clerk.
2. Said model homes shall be constructed at elevations of no less than 966.5 and 967.5
feet above sea level, and each home must be constructed such that the foundation
grade of each home (as measured from the top of the garage floor) is at least 18 inches
above the top of the curb. If the foundation grade to curb differential is less than 18
inches, Developer will raise the entire home as necessary (at Developer's expense) to
achieve said 18 inch differential. Developer shall not modify the height of the curb
without the prior written permission of the City.
3. Developer shall bear all expenses related to the street abutting said model home lots
and its maintenance until such street is dedicated to the public and accepted by the
City. Developer shall post "private drive" signs as required by the City on all roads
referred to above prior to beginning construction of model homes. Said signs shall
remain in place and in good repair until said roads are dedicated to the City. Developer
shall at all times maintain gravel swfaced roadways to the model home(s). Said
roadways shall be passable at all times and shall be of sufficient quality to support a
fully loaded fire truck tanker and other necessary emergency vehicles. Said roadways
shall be of sufficient width to allow the passage of two emergency vehicles side-by-
side at the same time. Developer shall bear all expenses related to said roadways and
their maintenance until such roadways are dedicated, if ever, to the public and
accepted by the City.
4. Developer agrees not to use any of the homes as a model home open to the general
public until Developer has received a limited occupancy permit from the City. The
limited occupancy permit shall issue at the discretion of the building inspector, but
under no circumstances shall it be issued for any home if any unfinished portion of the
home presents a safety hazard, nor will a limited occupancy permit be issued unless
the curb and gutter abutting the home has been installed and at least a class 5 gravel
base adequate to support necessary emergency vehicles has been installed in the
roadway abutting the home, unless such provisions are waived by the City Engineer..
5. Developer shall provide the City with proof of general liability insurance insuring
against personal injury or other damage to the general public as a result of the showing
of said homes while under a limited occupancy permit. Said insurance shall be in an
amount and form acceptable to the City Attorney and shall be provided prior to the
issuance of building permits for said model homes. Developer shall not show said
homes to the general public until said proof of insurance has been provided to the City.
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6. Developer agrees to indemnify the City for all expenses incurred (including attorney's
and other professional fees) or monies paid as a result of any claims made against the
City by any third parties, where such claims arise in whole or in part from the
construction, showing or existence of said model homes. Developer also agrees to
indemnify and hold the City harmless from any and all claims of Developer,
Developer's employees, agents, contractors or assigns which are in any way related to
the construction or showing of said model homes.
7. Developer understands that it is constructing homes prior to receiving final plat
approval from the City, and that Developer shall bear all expenses and risk associated
with such activity. Should said model homes need to be moved, removed, rebuilt or
otherwise reworked in order to conform to the final plat requirements as well as all
other subdivision and zoning requirements in the City, Developer shall voluntarily
undertake such corrective action at its own expense to bring said homes into
compliance with the applicable fmal plat, subdivision or zoning ordinances.
Developer shall not be granted variances from said subdivision or zoning requirements
for the purpose of conforming the model homes to the existing zoning or subdivision
ordinances.
8. The City reserves the right to deny approval of the final plat of the Subject Property
for any valid reason.
9. Developer shall provide the City with an as-built elevation survey for each model
home. Said survey shall delineate the height of the foundation grade of each home (as
measured from the top of the garage floor) and the height of the top of the curb. No
occupancy permits shall be issued until said surveys are provided to the City.
10. If municipal water and sewer are not in service during the showing of said model
homes, Developer shall provide bottled water in each model home and shall make
available on site a satellite toilet at all times during the showing of said homes.
11. Developer may not sell or otherwise convey any of said model homes until the final
plat of the Subject Property has been approved by the City and recorded, and until a
final occupancy permit has been issued by the City.
12. Should Developer fail to obtain final plat approval from the City for the Subject
Property by November 30, 1999, Developer shall remove the model homes by January
31, 2000.
13 . Developer agrees to keep any and all City streets clean which are used as access points
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for construction equipment engaged in the construction of the model homes.
14. Developer shall pay all City costs incurred in preparing this agreement, and shall pay
any and all City costs, including attorney's fees and other professional fees, which may
be incurred by the City in enforcing this agreement.
15. This agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
Dated:
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CITY OF ALBERTVILLE,
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DEVELOPER
PILOT LAND DEVELOPMENT
CaMP AfY, INC./;:
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~Kent Roessler
Its President
STATE OF 11INNESOT A )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
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day of
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/I~/ , 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.
't~;,f~"~",;,,/
Notary Public
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MICHAEL C. CaLIRI \~
NOTARY PUBLIC-MINNESOTA ~)
HENNEPIN COUNTY ~l
My Commission Expires Ja=:.~
STATE OF :MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this // ;:it(f day of
....1r-<.J~ , 1998, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to ~e authority of the City Council.
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//~~;>!:~c-,:tf~,~l
Notary Public
STATE OF :MINNESOTA)
) ss.
COUNTY OF WRIGHT )
, The foregoing instrument was acknowledged before me this ,)\\~~~> day of
C~;~~:Y~~~:": . , 1998, by Kent Roessler, as President of Pilot Land Development
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Notary Public
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HEATHER A ZORN
& NOTARY PUBLIC
. . MINNESOTA
'," . '. . 'MY Commission Exp, Jan. 31, 2000
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Drafted by:
Cauri & MacArthur Law Office
705 Central Ave. E.
P.O. Box 369
St. Michael, MN 55376
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EXHIBIT A TO MODEL HOME AGREEMENT
That part of the West Half of the Southwest Quarter of Section 35, Township 121,
Range 24, Wright County, Minnesota, described as follows.
Commencing at the Northwest corner of said West Half of the Southwest
Quarter; thence North 89 degrees 38 minutes 32 seconds East, assumed
bearing, along the north line of said West Half of the Southwest Quarter, a
distance of 567.04 feet to the actual point of beginning; thence South 00
degrees 21 minutes 17 seconds West a distance of 244.10 feet; thence
southerly along a tangential curve, concave to the west, having a radius of
320.00 feet and a central angle of 18 degrees 30 minutes 51 seconds for an
arc distance of 103.40 feet; thence South 85 degrees 00 minutes 00 seconds
East a distance of 175.16 feet; thence North 05 degrees 00 minutes 00
seconds East a distance of 75.00 feet; thence North 43 degrees 46 minutes
39 seconds East a distance of 185. 16 feet; thence North 11 degrees 19
minutes 54 seconds West a distance of 157.15 feet to said north line; thence
South 89 degrees 38 minutes 32 seconds West, along said north line a
distance of 259.56 feet to the point of beginning. Except the north 50.00
feet thereof.
Said parcel being that same parcel which is proposed to be platted as Lots 1-9,
Block 3, KARSTON COVE FIRST ADDITION.
:.
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT AND
CONDITIONAL USE AGREEMENT FOR
KARSTONCOVEPLANNED~TDEVELOPMENT
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THIS AGREEMENT, entered into this ~ day of , 1998 by and
between Pilot Land Development Company, Inc., referred to herein as "Developer"; 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 the real property
described in Exhibit A, attached hereto and incorporated herein by reference, 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 "Karston Cove" and
shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer intends to subdivide 21.01 gross acres into 81 medium
density lots for purposes of constructing 38 housing units (5 quad units and 9 twin units);
and
WHEREAS, approval of a Conditional Use Permit Planned Unit Development is
required to allow for the subdivision of unit lots from base lots as proposed by Developer;
and
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WHEREAS, the City has given preliminary approval of Developer's plat of Karston
Cove 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 bituminous street, curb and gutter, grading, sanitary sewer, water, storm sewer
and drainage ponds (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 fmanced by Developer; and
WHEREAS, the City further requires that certain 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 driveways, parking lot,
drainage swales, bennmg, street signs, street cleanup during project development, erosion
control, and other site-related items; and
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WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the Wlderstandings and covenants of
the parties concerning the development of the Said Plat and the conditions imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to
allow the development of Said Plat as a Planned Unit Development, provided the
following conditions are met on a continuing basis:
A. A property owners' association is established in compliance with Section 2700 of
the City Zoning Ordinance and a declaration of covenants, conditions, and
restrictions are approved by the City Attorney and recorded against the title of
Said Plat.
B. If signs are desired on site, plans shall be submitted for review and approval of
the City Planner.
C. Any exterior lighting must be arranged to deflect light away from the public
streets. The source of all lights shall be hooded. Any combination of lights
which cast light on a public street shall not exceed one (1) foot candle (meter
reading) as measured from the centerline of said street( s) and any light or
combination of lights which cast light onto a residential property shall not exceed
four (4) foot candles as measured from the property boundary.
2. Construction of Municipal Improvements.
1.
A.
The Developer shall construct those Municipal Improvements located on and
off the Said Plat as detailed in the Plans and Specifications for Karston Cove,
as prepared by Westwood Professional Services, Inc. dated May 20, 1998 and
on flie with the City Clerk, said improvements to include installation of
bituminous street, curb and gutter, water mains, sanitary and storm sewers,
storm water ponding and site grading. All such improvements shall be
constructed according to the standards 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, 1998, with the
wear course of bituminous pavement to be installed after May 15, 1999, but
before June 30, 1999.
B. Developer will install a temporary lift station located within the right-of-way
for 64th Street N.E. on the east end of Said Plat, as shown on the preliminary
utility plan submitted to the City by Developer. The above-described lift
station shall be dedicated to the City and shall remain property of the City,
even after it is taken out of service in the future.
C. The Developer warrants 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 swface or other usable areas due
to improper construction, said warranty to apply both to poor materials and
faulty workmanship.
D. Developer shall provide the City with lien waivers from 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 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.
E. The City shall, at its option, have the City Engineer present on Said Plat 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.
3. . Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of boulevards, street signs, traffic signs, yard top soil, sod or seed
in all yards, grading control per lot, bituminous or concrete driveways and
parking lots, drainage swales, benning, and like items as necessary, street
cleanup during project development, and erosion control, all as required by
City ordinance. Said on- and off-site improvements shall be installed no later
than October 31,2000, with the exception of erosion control, drainage swales
and benning, which shall be installed upon initial grading of Said Plat.
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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 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;
n. Natural gas supply, to be provided by Minnegasco or other such
carner;
ill. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier;
IV. Cable TV service, to be provided by a local carrier;
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 has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached and incorporated herein as
Exhibit B. Developer agrees to have all utilities installed according to this
Exhibit B.
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 3A above, the Developer
shall install to the City's satisfaction improvements for each lot or parcel
within sixty (60) days of the date that a certificate of occupancy (temporal)' 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 March 30th 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 and basins
upon Said Plat as shown on the Grading and Drainage Plan attached as
Exhibit C. Said ponds and basins shall be dedicated to the City, and
Developer shall provide the City with perpetual drainage easements over such
ponds. Said retention ponds and basins shall be installed prior to the
installation of utilities.
G. Developer shall install landscaping in accordance with the Landscaping plan
attached as Exhibit D.
4. Intended Use of Subdivision Lots. The City and Developer agree that the lots in
Said Plat are intended only for medium density multiple family residential uses in the
number and the configuration as are shown on the attached Exhibit E, unless Said
Property is rezoned by the City in the future.
5. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or other
smety 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
smety shall be in the amount of$392,809, representing 100% of the estimated
cost of the Municipal Improvements. Said letter of credit or smety must meet
the approval of the City attorney as to form and issuing bank.
B. The City may draw on said letter of credit or smety 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 measmes), 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 occm to the Municipal Improvements during the warranty
period, or to otheIWise fulfill the obligations of Developer under this
Agreement.
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C. In the event that any cas~ irrevocable letter of credit, or other surety referred
to herein is ever utilized and f01llld to be deficient in am01lllt 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
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.
D. Developer hereby agrees to allow the City to specially assess Developer's
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 assess Developer's property for said costs,
Developer agrees not to contest or appeal such assessment and waives all
statutory rights of appeal under Minnesota Statutes, including Minnesota
Statute 429.081.
E. That portion of said cas~ irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all
such items are satisfactorily completed pursuant to this Agreement.
6. 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, 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 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:
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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 Mwricipal 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 Mwricipal Improvements dwing the first year of the
warranty period and 5% of the estimated construction price of the
Mwricipal Improvements dwing the second year of the warranty
period.
m. As to all requests brought under this paragraph, 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.
7. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer
Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in
sanitaty sewer trunk line fees. There are 21.01 acres in Said Plat. However, per the
terms outlined in Parkside 3rd Addition Developer's Agreement, paragraph 2, pages
2-5, the developer will be credited $900.00 per acre for the installation of a sanitary
sewer trunk line. Therefore, the Developer shall be required to pay $10,505.00
($500.00 x 21.0 1 acres). Developer will pay said fee prior to the release of the final
plat by the City.
8. 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 Said Plat, 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
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may incur in taking whatever action is reasonably necessaI)' to provide ground-cover
and otherwise restore Said Plat to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion :from
Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not
paid, the City may withdraw funds :from the above-mentioned surety for the purpose
of paying the costs referred to in this paragraph.
9. 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 incWTed in the creation, administration,
enforcement or execution of this Agreement and the approval of Said Plat, as well as
all reasonable engineering expenses incWTed 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
and/or assess the amount owed against any or all of the Said Plat without objection.
Developer has the right to request time sheets or work records to verify said billing
prior to payment.
10. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit C. Developer shall also install all
erosion control measures deemed necessaI)' by the City Engineer should the erosion
control plan prove inadequate in any respect.
11. 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 necessaI)' improvements or go through any necessaI)'
procedures to ensure compliance with any federal, state, county or city requirements,
all at Developer's expense.
12. 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 watennain,
sanitaI)' sewer or storm sewer when said damage occurs as a result of the activity
which takes place during the development of Said Plat. 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 Plat. In the event the Developer fails to clean up, maintain or
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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 thirty (30) days from the date of mailing 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 within thirty
(30) days, funds sufficient to pay the bill may be withdrawn by the City from the
surety described above and/or specially assessed against any or all lots within Said
Plat.
13. 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.
14. 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 by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Contract.
C. Ifbuilding pennits 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.
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. 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.
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.
G. The Developer represents to the City that Said Plat 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 Said Plat does not comply, the City may, at its
option, refuse to allow construction or development work in the plat until the
Developer so complies. Upon the City's demand, the Developer shall cease
work until there is compliance.
10
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 contained in the letter dated from the Wright
County Soil and Water Conservation District (said letter is on file with the
City Clerk).
J. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the public
health, safety and welfare.
K. Developer shall not place any structure at an elevation such that the lowest
grade opening is less than two feet above the highest known surface water
level or ordinaty 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, the elevation of the line of permanent aquatic
11
vegetation shall be used as the estimated high water elevation. When fill is
required to meet this elevation, the fill shall be allowed to stabilize and
construction shall not begin Wltil the property has been approved by the
Building Inspector or a professional soils engineer.
15. 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.
16. 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 such 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
Wlder 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 16A shall not apply to any acts or rights of the City Wlder
paragraph 15 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
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
12
C. Breach of any of the terms of this Contract by the Developer shall be groWlds
for denial of building permits.
17. Dedications to the City.
A. Municipal Improvement 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 to the City the water and sanitary sewer
improvements located in the loop driveway on the western portion of
Said Plat as highlighted on Exhibit F. Developer shall dedicate
easements to the City over said sanitary sewer and water
improvements in a form and with legal descriptions acceptable to both
the City Engineer and City Attorney.
2. Developer shall dedicate to the City a storm sewer easement over,
Wlder and across the loop driveway located on the western portion of
Said Plat, as highlighted in Exhibit F. However, the homeowners
association required to be established Wlder this agreement shall
remain solely responsible for maintenance of said storm water sewer
system and all cost associated therewith. The storm sewer easement
shall be in a form and with a legal descriptions acceptable to both the
City Engineer and City Attorney.
3. Developer shall dedicate to the City perpetual drainage easements
over, Wlder and across all drainage ponds, sediment basins and
detention basins. The perpetual drainage easement shall be in a form
and with legal descriptions acceptable to both the City Engineer and
the City Attorney.
4. Developer shall dedicate to the City all streets, curbs and gutters
within Said Plat.
5. Upon acceptance of dedication of the Municipal Improvements
described above, Developer shall provide the City with "As-Builts" of
13
all streets, sewers, water mains, drainage ponds and basins, and
utilities dedicated to the City. Acceptance by the City of any
dedication shall occur upon passage of a written resolution by the City
Council to that effect.
B. Park and Trail Dedications
1. Developer shall dedicate to the City all trails and corresponding
easements required Wlder this Agreement and as shown on the
attached Exhibit E.
2. Developer acknowledges that a total of 1.15 acres of park land (11. 5
acres of residential land x .10) are needed Wlder the City's current park
dedication ordinance. The Developer is dedicating 12,239 square feet
(.281 acres) of park land with this plat, which represents 24.4% of the
land required for dedication. Developer and City have agreed that the
remaining 75.6% of park dedication requirement shall be paid to the
City in the form of cash totaling $37,346 (38 lots x $1,300.00 per lot x
75.6%). Payment of said park dedication fee shall occur prior to
release of the fmal plat.
3. Developer shall dedicate a ten (10) foot trail easement adjacent to the
CSAH 37 right-of-way to allow for public use and maintenance of a
potential future trail in this location. Said easement shall be in a form
and with legal descriptions acceptable to both the City Engineer and
the City Attorney.
18. Model Home Provisions. The between the City and Developer titled "Agreement
Allowing Early Construction of Model Homes" is incorporated herein the same as if
said agreement were set forth within this document.
19. Phased Development. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases until public
improvements for all prior phases have been satisfactorily completed. Development
of subsequent phases may not proceed until Development Contracts for such phases
are approved by the City. Approval of this phase of the Development shall not be
construed as approval of future 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 PI~ Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development phases
are approved by the City.
20. Indemnity. Developer shall hold the City and its officers and employees hannless
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 attorney's
fees. Third parties shall have no recourse against the City lUlder this contract.
21. Assignment of Contract. The obligations of the Developer lUlder this Contract
cannot be assigned without the express written consent of the City COlUlcil through
COlUlcil resolution.
22. Limited Approval. Approval of this Agreement by the City Council and issuance
of the Conditional Use Permit which is the subject of this agreement in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
14
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. Plans Attached as Exhibits. All 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.
25. Integration Clause, Modification by Written Agreement Only. This Agreement
represents the full and complete understanding of the parties and neither party is
relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
26. 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
'1/ s.r
The foregoing instrument was acknowledged before me this ex
day of
follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville,MN 55301
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
27. Agreement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
'b{2
By L,. )
Its Clerk
h
(
PILOT LAND DEVELOi.
i
Y, INC.
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
15
~~JvJ , 1998, by Mark Olson, as Mayor of the City of Albertville, a
. esota mumcIpal corporation, on behalf of the city and pursuant to the authority of the
Ci Council.
I
.
LINDA M. HOUGHTON ~
NOTARY PUBLlC.MINNESOTA ~
WRIGHT COUNTY ~
My Commission Expires Jan. 31, 2000 ~
.
.4-
lit
STATE OF MINNESOTA)
) 5S.
COUNTY OF WRIGHT )
The foregoin instrument was acknowledged before me this c;?~ ~ day of
1998, by Linda Goeb, as Clerk of the City of Albertville, a
Minn ota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
J?t;iJ (C,,)
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
/0-;1#
The foregoing instrument was acknowledged before me this /cf day of
1998, by Kent Roessler, as President of Pilot Land Development
16
~9~
otary Public
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
EXIllBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing of the Karston Cove Plat):
Lots 1-27, Block 1
Lots 1-5, Block 2
Lots 1-9, Block 3
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