2004-08-02 Development Agreement
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CITY OF ALBERTVILLE
PLANNED~TDEVELOPMENTAGREEMENT
TOWNE LAKES 5TH ADDITION
THIS AGREEMENT, entered into this ~ day of ..LkaAl a ,2004 by
and between Contractor Property Developers Company, colle~ed 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
real property is subject to the provisions of this Agreement; and
WHEREAS, Developer is proposing to subdivide a portion of the
Development into 60 single-family and detached townhome residential lots. Said
subdivision, which is to be governed by this Agreement, is intended to bear the name
"Towne Lakes 5th Addition" and shall hereinafter be referred to in its entirety as
"Said Plat" or "Subject Property"; and
WHEREAS, the City has given final approval of Developer's plat of Towne
Lakes 5th Addition (attached as Exhibit F) 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, sidewalk, trai1(s), curb and gutter, grading,
sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter
"Municipal Improvements") be installed to serve the Development and other
properties affected by the development of Developer's land, to be installed and
financed by Developer; and
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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, benning, street signs, street lights,
street cleanup during project development, erosion control, landscaping, and other
site-related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning the Development of said Plat and the conditions
imposed thereon; and
WHEREAS, the City and Developer have previously entered into a
Developer's Agreement titled "City of Albertville Master Planned Unit Development
Agreement Towne Lakes Third Addition" ("Master Agreement") under which the
City granted concept plan approval to the plan for the area covered by said Master
Agreement; and
WHEREAS, the City and Developer desire to supplement the Master
Agreement with the site specific details applicable to Towne Lakes 5th Addition, as
evidenced by the execution of this Agreement; and
WHEREAS, the City and Developer desire to have this Agreement and the
Master Agreement read together as if the entire Master Agreement were recited
herein;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Concept Plan Master Ae:reement.
A. That certain Developer's Agreement entitled "City of Albertville
Planned Unit Development Agreement Towne Lakes Third Addition"
("Master Agreement") between Contractor Property Developers
Company and the City of Albertville, dated October 3, 2003 and
recorded in the Wright County Recorder's Office as document number
894487 along with any recorded amendments is hereby incorporated
herein the same as if the text of said Agreement were contained within
this document.
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B. It is the intent of the parties that this Developer's Agreement
("Developer's Agreement") supplement the Master Agreement as to
the specific development issues related to Towne Lakes 5th Addition,
and that these two documents be read together to determine the rights
and obligations of the parties with respect to the property contained
within the Towne Lakes 5th Addition. In the event of a conflict
between the terms of the Master Agreement and this Developer's
Agreement, the terms of this Developer's Agreement shall control
with respect to any conflicting issues within Towne Lakes 5th
Addition, but any such conflicts shall not alter the terms of the Master
Agreement as they apply to other plats, now existing or to be platted in
the future, within the remaining land area subject to the Master
Agreement.
2. Planned Unit Development. The Development is hereby allowed to be
developed as a Planned Unit Development with flexibility from the strict
requirements of the City's Shoreline Regulations and Zoning Ordinance in
relation to selected items detailed in this paragraph.
A. Developer and the City recognize that setbacks within the Development
will vary depending on housing type to be constructed. However,
Developer agrees that setbacks shall be consistent with the templates
provided by Developer, which are attached hereto as Exhibit B.
B. All lots within the plat shall be subject to the Master Homeowners'
Association as currently established for Towne Lakes and Towne Lakes
2nd Additions. The Developer shall file covenant documents subjecting all
lots within the plat to the terms and conditions of the Master
Homeowners' Association subject to review and approval by the City
Attorney, which shall be recorded on the property records of the lots.
C. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit C. The Developer shall
guarantee that all new trees shall survive for two full years from the
planting has been completed or will be replaced at the expense of the
Developer. The landscaping corresponding to each building shall be
installed within 30 days after the issuance of a certificate of occupancy.
D. Developer shall replace, at its own expense, any plantings as shown on
attached Exhibit C that might be damaged during the construction of any
future phases of the development. Developer shall guarantee that all
plantings replaced pursuant to this paragraph shall survive for two full
years from the date of planting.
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E. The Developer shall file deed restrictions with the Wright County
Recorder of Deeds for all lots adjacent to or containing wetlands or storm
water ponds indicating that no structures can be built within 30 feet of
wetlands. All such deed restrictions shall be subject to the approval of the
City Attorney.
F. Other Use Restrictions. On all lots within 30 feet of any wetland, the
native vegetation within said 30 feet of the wetland shall not be
fertilized or mowed or otherwise disturbed. On all lots within 30 feet of
any wetland, no structure, including, but not limited to, outbuildings or
accessory buildings, fence, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation
and maintenance of utilities, or which may change the direction of flow
or drainage channels in the easements, or which may obstruct or retard
the flow of water through drainage channels in the easements. The
easement area of each Lot including all improvements in it, shall be
maintained continuously by the Owner of the Lot, except for those
improvements for which a public authority or utility company is
responsible. No Owner or other person shall apply any phosphorus-
based fertilizers or herbicides within fifty (50) feet of any wetland or
lake.
G. Prior to the sale of any lot(s) within the Development, Developer shall
provide the City with a copy of the sales literature identifying the required
thirty (30) foot wetland setback building restrictions, the location of all
future parks within the Development, and the location of all present and
future sidewalks, trails and easements. Developer agrees that the
aforementioned sales literature will be distributed to all potential lot
buyers within the Development prior to the sale of any of said lots by
Developer.
H. Developer shall, at its own expense, construct trails in the locations as
shown in the attached Exhibit D at the time of road construction.
3. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Towne Lakes 5th Addition, as prepared by Westwood Professional
Services dated June 11, 2004 and on file with the City Clerk, said
improvements to include installation of bituminous street, curb and
gutter, sidewalks, water mains, sanitary and storm sewers, storm water
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ponding and site grading, and trails. 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, 2004, with the wear course of bituminous pavement to be installed
after June 1,2005, but before August 31,2005.
B. 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
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said 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.
D. 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.
4. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of paved streets, curb and gutter, boulevards, street signs,
traffic signs, yard top soil, sod and seed in all yards, landscaping,
grading control per lot, bituminous or concrete driveways and parking
lots, drainage swales, berming, and like items as necessary, street
cleanup during project development, and erosion control, all as
required by City ordinance. Front, side and portions of the back yards
of residential lots shall be sodded in accordance with the Residential
Development Standards as on file with the City Administrator's
Office. Those portions of the yards not required to be sodded may be
seeded with grass seed or sodded. In all cases permanent turf or grass
must be established over all areas of the lot not covered by a hard or
impervious surface. The Developer shall guarantee that all new
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plantings shall survive for two full years from the time the planting has
been completed or will be replaced at the expense of the Developer.
Said on- and off-site improvements shall be installed no later than
October 31, 2006, with the exception of erosion control, drainage
swales and berming, which shall be installed upon initial grading of
Said Plat, and except that the driveways and sod need not be installed
in a lot until that lot is developed (provided adequate ground cover has
been established prior to the development of such lot).
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 Xcel Energy or
other such carrier;
11. Natural gas supply, to be provided by Reliant Energy or other
such carrier;
111. Telephone service, to be provided by SprintJUnited 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 streetlights
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. The Developer shall be
responsible for streetlight operational expense until such time as the
City accepts the Municipal Improvements.
C. 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. As an alternative to installing silt fencing in back of all
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curbing as required by this subparagraph, Developer may, at its
expense, install sod no less than three feet in width in back of all
curbing, provided that if, in the judgment of the City Engineer, the
installation of silt fencing in one or more places is needed, the
Developer shall install such silt fencing at its expense upon request by
the City Engineer.
D. Notwithstanding the requirements of subparagraphs 2C and 4A above
and except as otherwise provided in this Agreement, the Developer
shall install to the City's satisfaction improvements for each lot or
parcel prior to the date that a certificate of occupancy (temporary or
permanent) is issued by the City for a building located on the lot,
unless the certificate of occupancy is issued after October 1 st and
before March 30th in any given year, in which case a certificate of
occupancy shall be issued with the requirement that the Developer be
required to install said on-and off-site items for such lot by the
following June 30th.
E. Developer shall install storm water retention/water quality ponds and
basins upon the Development as shown on the Grading, Drainage and
Erosion Control Plan attached as Exhibit E. 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.
5. Intended Use of Subdivision Lots.
A. It is the Developer's and City's intent that a total of 61 single family and
detached town home residential units be constructed on the 60
residentially zoned lots being final platted as numbered lots and blocks in
said Plat, with one dwelling unit per numbered lot, except Lot 14, Block 4
on which a two-family attached dwelling may be constructed, provided
the City Council first approves the site plan for such two family attached
dwelling prior to its construction. Developer agrees that it shall not
construct any dwelling units other than the above referenced dwelling
units on the land in said Plat.
6. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $1,392,861.45
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representing the sum of 100% of the estimated cost of the Municipal
Improvements ($1,133,068.45),50% of the on and off-site
improvements ($36,000.00), and 150% of the estimated cost for
landscaping/screening materials ($223,792.00). Said letter of credit or
surety 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 surety to complete work
not performed by Developer (including but not limited to on- and off-
site improvements, Municipal Improvements described above, erosion
control, and other such measures), to pay liens on property to be
dedicated to the City, to reimburse itself for costs incurred in the
drafting, execution, administration or enforcement of this Agreement,
to repair or correct deficiencies or other problems which occur to the
Municipal Improvements during the warranty period, or to otherwise
fulfill the obligations of Developer under this agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety
referred to herein is ever utilized and found to be deficient in amount
to payor reimburse the City in total as required herein, the Developer
agrees that upon being billed by the City, Developer will pay within
thirty (30) days of the mailing of said billing, the said deficient
amount. If there should be an 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.
E. That portion of said cash, 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.
F. 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
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are paid or satisfied, 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 original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer 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 any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance.
7. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off-site Improvements, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately
reduced for that portion of the Municipal Improvements and on- and
off-site improvements which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request( s) shall be
billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
1. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
11. When all or a portion of the Municipal Improvements or the on-
and off-site improvements have been installed, the letter of
credit or surety may be reduced by the dollar amount
attributable to that portion of improvements so installed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period. Developer may substitute a warranty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
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111. 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.
8. Abandonment of Proiect - Costs and Expenses.
In the event Developer should abandon the proposed development of the said
Plat, 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 Development, or fails to leave the abandoned
property in a condition which can be mowed using conventional lawn mowing
equipment, Developer agrees to pay all costs the City may incur in taking
whatever action is reasonably necessary to provide ground-cover and otherwise
restore the Development to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion
from the Development and to facilitate mowing of the Development. 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 incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of the Development, as well as all reasonable
engineering expenses incurred by the City in designing, approving, installing,
and inspecting said Improvements described above. Developer agrees to pay all
such costs within 30 days of billing by the City. If Developer fails to pay said
amounts, Developer agrees to allow the City to reimburse itself from said surety
and/or assess the amount owed against any or all of the Development without
objection. Developer has the right to request time sheets or work records to
verify said billing prior to payment.
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10. Sanitary Sewer and Water Trunk Line Fees.
Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and
Water Trunk Line Fee Ordinance currently requires the Developer to pay
$1,400.00 per acre and $1,200.00 per acre respectively, upon development of said
Plat. There are 28.34 acres (which excludes Outlots A, D & E which shall be
replatted at a later date) in said Plat, which received final plat approval.
Therefore, the Sanitary Sewer and Water Trunk Line Fees for all property
receiving final plat approval are $73,684.00 ($39,676.00 in sewer fees calculated
as $1,400.00 x 28.34 acres and $34,008.00 in water fees calculated as $1,200.00
x 28.34 acres). Developer shall pay sanitary sewer and water trunk line fees on
Outlots A, D and E at such time as these outlots are platted into numbered lots
and blocks.
11. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control measures as shown
on the approved Grading, Drainage and Erosion Control Plan contained in the
City of Albertville Master Planned Unit Development Agreement Towne Lakes
Third Addition shall be strictly complied with. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the
erosion control plan prove inadequate in any respect.
12. Ditch Cleanin!!.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from the Development may
drain, and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
13. Maintain Public Property Dama!!ed or Cluttered Durin!! Construction.
Developer agrees to assume full financial responsibility for any damage which
may occur to public property including but not limited to streets, street sub- base,
base, bituminous surface, curb, utility system including but not limited to
watermain, sanitary sewer or storm sewer when said damage occurs as a result of
the activity which takes place during the development of the Development. The
Developer further agrees to pay all costs required to repair the streets, utility
systems and other public property damaged or cluttered with debris when
occurring as a direct or indirect result of the construction that takes place in the
Development.
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Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a
result of construction activity on the Development will be repaired
immediately if deemed to be an emergency by the City. Developer further
agrees that any damage to public property as a result of construction activity on
the Development will be repaired within 14 days if not deemed to be an
emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately 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, then the City may specially assess such costs against the lots within the
Development and/or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to attorney's fees incurred by the
City as a result of such legal action.
14. Temporary Easement Rie:hts.
Developer shall provide access to the Development at all reasonable times to the
City or its representatives for purposes of inspection or to accomplish any
necessary work pursuant to this Agreement.
15. 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 permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
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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. However, all continuing obligations under this
Agreement shall remain binding upon the properties covered by this
Agreement and their owners. Said continuing obligations include, but
are not limited to, paragraphs 1,2,5,9, 15, 17, 18, 19,20,21,22,23,
24, 25 and 26 of this Agreement.
F. The Developer represents to the City that the Development complies
with all City, county, state and federal laws and regulations, including
but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that the
Development 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.
G. Prior to the execution of this Agreement and prior to the start of any
construction on the Development, Developer shall provide the City
with evidence of good and marketable title to all of the Development.
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.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
1. 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. Developer acknowledges and agrees
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that the City is currently in the process of expanding its wastewater
treatment plant capacity. Developer further acknowledges and agrees
that delay in the availability of wastewater treatment plant capacity
may occur for some lots located within the Development and that such
delay in capacity availability may also delay the issuance of building
permits for some lots within the Development.
J. 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 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, the elevation of
the line of permanent aquatic 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 until
the Building Inspector or a professional soils engineer has approved
the property.
K. Developer shall obtain all required driveway, utility and other permits
as required by either the City Engineer, Wright County and/or the
State of Minnesota.
16. Draw on Expirine 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 City Attorney prior to its issuance must approve
the form of said irrevocable letter of credit.
17. Violation of Aereement.
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
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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 complete some or all of the Developer's obligations
under this Agreement, and 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. The
City may also specially assess all said costs incurred upon default
against the properties in the Development pursuant to the terms of this
agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
17(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environment or to public property, or
result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good-faith,
reasonable efforts to notify the Developer as soon as is practicable of
the default, the projected irreparable harm or safety hazard, and the
intended actions of the City to remedy said harm.
C. Paragraph 17 A of this section shall not apply to any acts or rights of
the City under the preceding paragraph, 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.
D. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits.
18. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to the Development, and upon completion of all
construction work and certification of completion by the City
Engineer, shall dedicate all roads, road and trail right-of-ways,
15
sidewalks, curbs, drainage and utility easements, gutters, ponds, parks,
sewers and water mains to the City. Upon acceptance of dedication,
Developer shall provide to the City "As-Builts" of all sewers, water
mains. Acceptance by City of any dedication shall occur upon passage
of a resolution to such effect by the City Council.
B. Park, Trail and Outlot Dedications.
Pursuant to Section 17, Paragraph B of the Master Agreement
Developer is required to dedicate to the City the park shown on
Exhibit B to said Master Agreement including the construction and
dedication of park improvements itemized on Exhibit P to said Master
Agreement. Said park improvements as described on Exhibit P to
the Master Agreement shall be installed at the sole expense of the
Developer. Prior to construction of the park improvements, Developer
shall submit to the City for approval a park plan identifying the design
and location of the park improvements described in Section 1,
Paragraph D and Exhibit P to the Master Agreement. The park
improvements shall be constructed by the Developer consistent with
the park improvement plan approved by the City and shall be
completed no later than November 1,2005.
The Developer shall dedicate all parks shown on said Plat to the City
and shall deed Outlot C to the City via general warranty deed.
B. Pond Dedication
The Developer shall deed to the City Outlot B as shown on the final
plat Towne Lakes 5th Addition.
19. Administrative Fee. A fee for City administration of this project shall be
paid prior to the City executing the Plat and this Agreement. Said fee shall
be three percent of the estimated construction costs of the Municipal
Improvements within the Plat. The administrative fee for this Plat is
$33,992.04. Seventy-five percent of this fee shall be paid upon issuance of
the final Plat with the remaining twenty-five percent of the fee to be paid
upon substantial completion of the Municipal Improvements.
20. Phased Development. As said Plat is a phase of a multi-phased preliminary
plat, Developer agrees that 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 the City approves Development Contracts for such phases. Approval of
16
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 Master Agreement, the City's Comprehensive Plan, Zoning ordinance,
Subdivision ordinance, and other ordinan.ces in effect at the time such future
Development phases are approved by the City.
21. Indemnity. Developer shall hold the City and its officers and employees
harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from the Development approval and
development. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses which the City may payor incur
in consequence of such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
22. Assb!nment of Contract. The obligations of the Developer under this
Contract can be assigned by the Developer. However, the Developer shall not
be released from its obligations under this contract without the express written
consent of the City Council through Council resolution.
23. Limited Approval. Approval of this Agreement by the City Council in no
way constitutes approval of anything other than that which is explicitly
specified in this Agreement.
24. 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
attorneys 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.
25. 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 bound by said
plans and responsible for implementation of said plans as herein incorporated.
26. Inte1!ration Clause. Modification bv Written A1!reement 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.
17
27. Notification Information. Any notices to the parties herein shall be in
writing, delivered by hand (to the City Clerk for the City) or registered mail
addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Contractor Property Developers Company
Attn: Homer Tompkins, President
3030 Centre Pointe Drive, Suite 800
Roseville, MN 55113
Telephone: (651) 556-4550
Fax: (651) 566-4551
28. Ae:reement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
B;~J --0~~ =:J_
It's Mayor
BY_\)~~'~
It' lerk
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
- J. Michael Waldo
Its Vice President
18
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The oregoing instrument was acknowledged before me this ;2 J
day of / , 2004, by Donald Peterson as Mayor of the City of
Albertvi Ie, a innesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
G MICHAEL C. CQURI
NOTARY PUBLIC - MINNESOTA
ij._~~ My Comm. Exp. Jan. 31, 2005
~C~
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoin instrument was acknowledged before me this 2-/
day of , 2004, by Bridget Miller, as Clerk of the City of
Albertvil e, a innesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
YhJJ ( "==
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
19
The foregoing instrument was acknowledged before me this 29th day of July,
2004, by J. Michael Waldo, as Vice President of Contractor Property Developers
Company.
~.lJi~:J
Notary Public
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
..0';;', i\NGELA KAY BELLANGER
i ,NOTARY PUBLIC. MINNESOTA
.\ i VlY COMMISSION EXPIRES
0.;:..... ,:;/ JANUARY 31, 2005
11lI""'4':-'~
20
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lots 1-3, Block 1
Lots 1-3, Block 2
Lots 1-3, Block 3
Lots 1-24, Block 4
Lots 1-15, Block 5
Lots 1-5, Block 6
Lots 1-7, Block 7
Outlot A
OutlotB
Outlot C
Outlot D
Outlot E
Park
All said property is located in Towne Lakes 5th Addition, City of Albertville, County
of Wright, State of Minnesota.
21
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:)ll3(l c-.r. ~O'W On?. 5<1110 IlOO
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Towne Lakes
5th Addition
Overall Grading.
&: Erosion
Plan
EXHIBIT
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