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2000-03-28 Draft Dev Agrmt .. .. .AIso lu:enstxi 1II nbnms COURl & MACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 51 MIChael, MN 55376-()369 (763) 497-1930 (763) 497-2599 (FAX) counandmacarthur@pobox.com MIChael C. Coun. Andrew]. MacArthur Marcus W. Milkr March 28, 2000 Northwest Associated Consultants 5775 Wayzata Boulevard SUIte 555 St LOUIS Park, MN 55416 Attentlon Deb Garross Re: Albertville - Albertvillas Plat Dear Deb Please fmd enclosed for your reView a draft of a Developer's Agreement for the above- referenced plat I forward It to you per the request of MIke Coun We received new drawmgs on February 28th The drawmgs are not Signed or dated Please forward any final copies of potentlal exlnblts that you may have Also, there are a number of Issues that remam unresolved or about whtch I have questlons Park! Trail and Park Dedication Issues 1 In the City CouncIl Fmdmgs and DeCISion dated 1-18-00 It mdtcates that approXimately 3 5 acres of land are to be dedtcated as park However, the drawmgs that we received on February 28th, 2000 that the park, located at the comer ofKahl and Kaiser Avenues as bemg either 295,570 sq ft or 289,240 sq ft dependmg at whtch drawmg you look ThIs nets out to a total actual parkland dedtcatlon of approXimately 6 6 to 6 8 acres 2 The 1-18-00 fmdmgs mdtcate that the toal along the north Side of 52nd Street and runmng along the rear lot lmes of Lots 1-10, Block 4 should be deleted The most recent drawmgs that we have received stlll show thIs trall 3 The 1-18-00 fmdmgs mdtcate that an asphalt trallls to be constructed along the south Side of CSAH 18 (the drawmgs IDlSldentlfy thIs road as CSAH 13) mstead of a Sidewalk The prehIDlnary plat drawmgs stlll show a Sidewalk .. 4 Assummg that only 3 5 acres of parkland are credIted (See item # 1), I am still unable to reconcde the park dedIcation numbers and acreages hsted throughout the 1-18-00 fmdmgs Also, acreage m Developer's drawmgs are not consistent With the fmdmgs 5 The fmdmgs say that this area is 13675 (Developer's drawmgs mdIcate 13575 acres) Document Review AccordIng to the 1-18-00 fmdmgs, the Developer should submlt the followmg for legal reView 1 Property Association mamtenance agreement and covenants 2 Proof of Title 3 Deed restnctions for lots adjacent to NSP and Amoco pipelmes The fmdmgs also mdIcate that the Developer should submlt the followmg 1 Documentation from NSP and Amoco demonstratmg that they have reViewed the proposed plat 2 Lot sales hterature addressmg NSP/ Amoco pipelme easements, 20 foot wetland setback and park locations At this pomt what I think I need your help With is to reconcde the park dedIcation numbers, get copies of any Exh1bits you have, as well as any of the documents for legal reView that you may have Also, I will be m touch With Pete on the letter of credIt! surety numbers Please calltf you have questions or comments I thank you for your kmd attention to this matter cus Mdler Couri & MacArthur CITY OF ALBERTVILLE CONDITIONAL USEIPLANNED UNIT DEVELOPMENT AGREEMENT ALBERT VILLAS THIS AGREEMENT, entered mto tlus day of , 2000 by and between K C LAND COMPANY referred to herem as "Developer", and the CITY OF ALBERTVILLE, County ofWnght, State ofMmnesota, heremafter referred to as "City", WITNESSETH: WHEREAS, Developer IS the fee owner of the real property descnbed m the attached Exlnblt A, wmch real property IS proposed to be subdtVlded and platted for development, and wmch subdIViSIOn, wmch IS the subject of tlus Agreement, IS mtended to bear the name "Albert Vtllas" and shall heremafter be referred to m Its entrrety as "SaId Plat" or "Subject Property", and WHEREAS, Developer mtends to subdIVide 135 75 gross acres mto One Hundred and Seventy (170) smgle-famlly resldennallots for purposes of construcnng One Hundred and Seventy (170) smgle-fannly resldennal umts, and WHEREAS, approval of a CondInonal Use PemntJPlanned Urnt Development IS requrred to allow for the aforemenhoned subdiViSion proposed by Developer, and WHEREAS, the City has given prehmmary approval of Developer's plat of Albert Vlllas connngent upon comphance With certam City requrrements mcludmg, but not hmtted to, matters set forth herem, and WHEREAS, the City requrres that certam pubhc tmprovements mcludmg, but not hmtted to bltummous street, curb and gutter, gradmg, dramage, samtary sewer, water and storm sewer (hereafter "Mumclpal Improvements") be mstalled to serve the Subject 1 Property and be financed by Developer, and WHEREAS, the CIty further reqwres that certaIn on- and off-sIte unprovements be InStalled by the Developer wIthIn SaId Plat, wluch unprovements consIst of boulevards, top sod and sod, gradIng control per lot, bItumInOUS or concrete drIveways, parkIng lot, dramage swales, benmng, street SIgns, street cleanup dunng project development, erosIOn control, and other sIte-related Items, and WHEREAS, thIs Agreement IS entered mto for the purpose of settmg forth and memonahzmg for the partIes and subsequent owners, the understandmgs and covenants of the partIes concernmg the development of the SaId Plat and the condItIOns unposed thereon, NOW, TIlEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, m consIderatIon of each party's promIses and consIderatIons herem 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 Urnt Development WIth fleXIbility from the strIct requIrements of the CIty'S Zonmg OrdInance m relatIon to mmnnum lot SIzes, lot WIdths and set-back reqwrements Unless otherwIse expbcItly set forth m thIs Agreement, however, Developer must conform to the reqwrements of the AlbertvIlle Zonmg and SubdIVIsIon OrdInance, as well as all other applIcable land use regulatIons Developer agrees that the followmg condItIons wIll be met on a contInUIng baSIS A A property owners' aSSOCiatIon IS estabhshed m comphance WIth SectIons 1100 and 2700 of the CIty Zonmg Ordmance and a mamtenance agreement and declaratIon of covenants, condItIons, and restrIctIons are approved by the CIty Attorney and recorded agamst the tItle to each lot WIthIn SaId Plat B No more than fifty (50) bwldmg permIts shall be Issued for SaId Plat, untIl after such tIme as Kahl Avenue, 47th Street and Kallard Avenue to proVIde secondary access to SaId Plat C All gradIng, dramage, UtIlIty, wetland mItIgatIon, and transportatIon Issues that arIse dunng development of Satd Plat shall be subject to reVIew and approval by the CIty Engmeer D If SIgns are deSIred on SIte to IdentIfy the Subject Property, then plans shall be submItted for reVIew and approval of the CIty Planner 2 E Trees, shrubs, berms and screenmg are planted and mstalled as shown on the landscape plan attached as ExlubIt F Developer shall construct sIdewalks m the locatIons shown m the attached ExlubIt G The Developer shall remove or relocate the eXIstIng bU11dmgs located WIthm SaId Plat by The Developer shall IdentIfy the method used for removmg or relocatIng eXIstIng bwldmgs and such method shall be consIstent WIth SectIons 1400-1 and 900 of the AlbertvIlle Zonmg Ordmance and shall be subject to reVIew and approval by CIty Staff H The apphcant shall file deed restrIctIons WIth the Wnght County Recorder of Deeds for all lots adjacent to or contammg NSP and! or Amoco pIpehne easements mdIcatIng that no structures can be bUllt wIthm the easement areas I Pnor to the sale of any lot(s) WIthm SaId Plat, Developer shall proVIde the CIty WIth a copy of the sales hterature IdentIfymg NSP and Amoco easement bwldmg restrIctIons, the requrred twenty (20) foot wetland setback bmldmg restrIctIons and the locatIon of all future parks WIthm SaId Plat Developer agrees that the aforementIoned sales lIterature WIll be dIstrIbuted to all potentIal lot buyers WIthm SaId Plat J It IS the understandmg of the PartIes that Developer does not presently mtend to make use of model homes WIthm SaId Plat The PartIes acknowledge and agree that should Developer decIde to construct any model homes WIthm SaId Plat, use of such Model Homes shall be conSIstent WIth SectIon 2200 of the AlbertVIlle Zonmg Ordmance The PartIes further agree that pnor to constructIon of any model homes, the PartIes WIll enter a model home agreement and that saId model home agreement shall be subject to reVIew and approval by the CIty Attorney K The followmg setback requrrements apply to the Subject Property ~ DIstance . Buffer Yard Lot Depths (lots adjacent to artenal or or major collector streets) 170 feet, except for Block 9 whIch has 155 foot lots 3 . Buffer Yard (lot wIdth requrrements for sIde yards) 10 feet . Setback (PUD penphery) . Setback (front) . Setback (sIde-mtenor) . Setback (sIde-comer) . Setback (rear) . Wetland Setback 35 feet 30 feet 10 feet 20 feet 30 feet 20 feet from ordmary hIgh- water mark L Developer agrees to remam m comphance wIth the terms of thIs Agreement 2 Construction of Municipal Improvements. A The Developer shall construct those MumCIpal hnprovements located on and off the SaId Plat as detaIled m the Plans and SpecIficatlons for Albertvillas, as prepared by E G Rud & Sons, Inc dated and on file With the CIty Clerk, saId Improvements to mclude mstallatlon of bItummOUS street, curb and gutter, water maIllS, samtary and storm sewers, storm water pondmg and sIte gradmg All such Improvements shall be constructed accordmg to the standards adopted by the CIty, along With all Items requIred by the CIty Engmeer Unless the CIty Engmeer specIfies a later date, SaId Improvements shall be mstalled by October 31, 2000, With the wear course of bItummOUS pavement to be mstalled after May 15, 2001, but before June 30, 2001 B The Developer warrants to the CIty for a penod of two years from the date the CIty accepts the fimshed MumCIpal hnprovements that all such Improvements have been constructed to CIty standards and shall suffer no sIgmficant ImpaIrments, eIther to the structure or to the surface or other usable areas due to Improper constructlon, saId warranty to apply both to poor matenals and faulty workmanshIp C Developer shall proVIde the CIty WIth hen WaIvers from all contractors and subcontractors engaged to construct saId Improvements on SaId Plat Should Developer faIl to proVIde the CIty With all apphcable hen WaIvers, the CIty reserves the nght to draw upon Developer's surety and pay any contractors who performed work on any MumCIpal hnprovements and whom Developer has faIled to fully pay for the performance of SaId work 4 D The CIty shall, at Its optlon. have the CIty Engmeer present on Satd Plat for mspectlon purposes at all tnnes (or such tnnes as the CIty may deem necessary) dunng the constructlon and mstallatlon of saId MumcIpal Improvements Developer agrees to pay for all costs mcurred by the CIty dunng satd mspectlons 3 Construction of On- and Off-Site Improvements. A Developer shall construct all on- and off-sIte rmprovements mcludmg mstallatlon of boulevards, street SIgnS, traffic SIgnS, yard top SOll, sod or seed m all yards, gradmg control per lot, bItummOUS or concrete dnveways and parkmg lots, dramage swales, bermmg, and hke Items as necessary, street cleanup dunng project development, and eroSIOn control, all as reqUITed by CIty ordmance Satd on- and off-sIte rmprovements shall be mstalled no later than October 31, 2000, Wlth the exceptlon of eroSIOn control, dramage swales and bermmg, wmch shall be mstalled upon lIDtlal gradmg of Satd Plat B Developer shall, at ItS own expense, cause the followmg Items to be mstalled Wlthm the development, all such Items to be mstalled under ground, Wlthm the street nght of way or such other locatlon as may be approved by the CIty Engmeer, accessIble to all lots and m comphance Wlth all apphcable state and local regulatlons I Electncal power supply, to be proVIded by Northern States Power or other such camer, 11 Natural gas supply, to be proVIded by Mmnegasco or other such camer, ill Telephone semce, to be proVIded by Spnnt/Umted Telephone Company or other such camer, IV Cable TV semce, to be proVIded by a local carner, In addItlon. the Developer shall, at Its own expense, cause street hghts and street SIgnS to be of such type and to be mstalled at such locatIOns as reqUITed by the CIty Engmeer and m conformance WIth the Manual on Umform Traffic Control DeVIces 5 C Developer has submItted a utIhty plan for S3.1d Plat showmg all eXlstmg and proposed utilIty lInes and easements, attached hereto and mCOlporated herem as ExlubIt _ Developer agrees to have all utIlIties mstalled accordIng to tlns ExlubIt D Developer shall mstall silt fencmg m back of all curbmg wIthm 30 days after s3.1d curbmg IS mstalled, or 7 days after the "small utIlIties" (gas, phone, electrIcal and cable teleVIsIon) have been mstalled, whIchever occurs sooner Developer shall be allowed to substItute hay bales for a 22-foot sectIon of sIlt fencmg on each lot for the purpose of allowmg 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 fencmg from each lot as sod IS mstalled upon s3.1d lot E Notwtthstandmg the reqUIrements of subparagraph 3A above, the Developer shall mstall to the CIty'S satIsfactIon Improvements for each lot or parcel WIthm SIxty (60) days of the date that a certrlicate of occupancy (temporary or permanent) IS Issued by the CIty for a bwldmg located on the lot, unless the certrlicate of occupancy IS Issued after October 1st and before March 30th m any gIVen year, m whIch case saId Improvements shall be so completed by the followmg June 15th 4 Intended Use of Subdivision Lots. The CIty and Developer agree that the lots m S3.1d Plat are mtended only for smgle-fatmly reSIdentIal use m the number and the configuration as are shown on the attached ExlubIt _ Developer shall only construct T ownhomes m the number and configuratIon shown on the attached ExlubIt -' unless S3.1d Property IS rezoned by the CIty m the future 5 Surety Requirements. A Developer will proVIde the CIty WIth an llTevocable letter of credIt (or other surety as approved by the CIty Attorney) as secunty that the oblIgatIons of the Developer under tlns contract shall be performed SaId letter of credIt or surety shall be m the amount of $ , representmg 100% of the estImated cost of the MumcIpal Improvements S3.1d letter of credIt or surety must meet the approval of the CIty attorney as to form and ISSumg bank The CIty does not reqUIre a surety for constructIOn of on and off-SIte Improvements descnbed and reqUIred herem However, certrlicates of occupancy for lots wIthm S3.1d Plat will not Issue untIl all on and off-SIte 6 unprovements are completed as reqwred under tins Agreement B The CIty may draw on smd letter of credIt or surety to complete work not performed by Developer (mcludmg but not lnn1ted to on- and off-sIte unprovements, MumCIpal Improvements descnbed above, erosIon control, and other such measures), to pay hens on property to be dedIcated to the CIty, to rermburse Itself for costs mcurred m the draftmg, executIon, admm1stratIon or enforcement of tins Agreement, to reparr or correct deficIencIes or other problems wmch occur to the MumCIpal Improvements durmg the warranty penod, or to otherwIse fulfill the obhgatIons of Developer under tins agreement C In the event that any cash, mevocable letter of credIt, or other surety referred to herem IS ever utIlIZed and found to be defiCIent m amount to payor reunburse the CIty m total as requrred herein, the Developer agrees that upon bemg b1l1ed by the CIty, Developer w1ll pay Wlthm tlnrty (30) days of the mmhng of smd bdlmg, the saId defiCIent amount If there should be an overage m the amount of utlhzed secunty, the CIty w1l1, upon makmg smd determmatIon, refund to the Developer any momes wmch the CIty has m Its posseSSIon wmch are m excess of the actual costs of the project as pmd by the CIty D Developer hereby agrees to allow the CIty to specIally assess Developer's property for any and all costs mcurred by the CIty m enforcmg any of the terms of tills agreement should Developer's letter of credIt or surety prove msufficIent or should Developer fall to mamtam smd letter of credIt or surety m the amount reqwred above Wlthm 30 days ofmmhng ofwntten request by the CIty Should the CIty assess Developer's property for smd costs, Developer agrees not to contest or appeal such assessment and wmves all statutory nghts of appeal under Mmnesota Statutes, mcludmg Mmnesota Statute 429 081 E That portIon of saId cash, mevocable letter of credIt or other surety Wlth respect to the performance of Site Improvements shall be released upon certlficatIon of the CIty Engmeer and approval of the CIty Councll that all such Items are satIsfactonly completed pursuant to tills Agreement F In the event a surety referred to herem IS ill the form of an rrrevocable letter of credIt, wmch by Its terms may become null and VOId pnor to the tIme at wmch all monetary or other obhgatIons of the Developer are paId or satIsfied, 7 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 pnor to the exprratlon of the ongmalletter of credit If a new letter of credit IS not received as requrred above, the City may declare a default m the terms of thts Agreement and thence draw m part or m total, at the City'S dIscretlon, upon the exprrmg letter of credIt to aVOId the loss of surety for the contlnued obhgatlon The form of any rrrevocable letter of credIt or other surety must be approved by the City Attorney pnor to ItS Issuance 6 Surety Release. A PenodIcally, as payments are made by the Developer for the completion of portlons of the Mumclpal 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 proportlonately reduced for that portlon of the Mumclpal Improvements wruch have been fully completed and payment made therefor All such deCISions shall be at the dIscretlon of the City COunCll The City'S cost for processmg reductton request( s) shall be bIlled to the Developer Such cost shall be paId to the City Wlthm thtrty (30) days of the date of matlmg of the blllmg B The Developer may request of the City a reductlon or release of any surety as follows I When another acceptable letter of credIt or surety IS furmshed to the City to replace a pnor letter of credIt or surety II When all or a portlon of the MumClpal Improvements or the on- and off-Site Improvements have been mstalled, the letter of credIt or surety may be reduced by the dollar amount attnbutable to that portlon of Improvements so mstalled, except that the City shall retam the letter of credIt or surety m the amount of 10% of the estlmated constructlon pnce of the Mumclpal Improvements durmg the frrst year of the warranty penod and 5% of the esttmated constructlon pnce of the Mumclpal Improvements durmg the second year of the warranty penod ill As to all requests brought under thts paragraph B, the CIty COunCll shall have complete dlscretlon whether to reduce or not to reduce SaId letter of credIt or surety 8 C The costs mcurred by the CIty m processmg any reduction request shall be billed to the Developer and paId to the CIty wlthm thIrty (30) days ofbIllmg 7 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, draftmg of thIs Agreement, preparation of the feasIbility report, plans and specrficatIons, and any other expenses undertaken m relIance upon Developer's vanous representations shall be paId by SaId Developer WIthIn thIrty (30) days after receIpt of a bdl for such costs from the CIty In addItion, m the event the Developer abandons the project, m whole or m part, ceases substantial field work for more than orne (9) months, faIls to proVIde suffiCIent ground-cover to prevent contInumg sod eroSIOn from the SaId Plat, or faIls to leave the abandoned property m a condltlon wmch can be mowed usmg conventional lawn mowmg eqUIpment, Developer agrees to pay all costs the CIty may mcur m takmg whatever action IS reasonably necessary to proVIde ground-cover and otherwIse restore SaId Plat to the pomt where undeveloped grounds are level and covered WIth permanent vegetation suffiCIent to prevent contInumg sod erOSIOn from SaId Plat and to facilItate mOWIng of SaId Plat In the event that SaId costs are not paId, the CIty may specIally assess such costs agamst the lots WIthIn SaId Plat and/or take necessary legal action to recover such costs, mcludmg attorneys fees Developer knoWIngly and voluntanly WaIves all nghts to appeal SaId specIal assessments under Mmnesota Statutes section 429 081 8 Developer to Pay City's Costs and Expenses. It IS understood and agreed that the Developer will rermburse the CIty for all reasonable admmIstratIve, legal, plannmg, engmeermg and other professIOnal costs mcurred m the creation, admmIstratIon, enforcement or execution of tills Agreement and the approval of SaId Plat, as well as all reasonable engmeermg expenses mcurred by the CIty m deslgnmg, approvmg, mstallmg, and mspectIng SaId Improvements descnbed above Developer agrees to pay all such costs WIthIn 30 days ofbIllmg by the CIty If Developer faIls to pay SaId amounts, then the CIty may specIally assess such costs agamst the lots Wlthm SaId Plat Developer knowmgly and voluntanly waIves all nghts to appeal SaId specIal assessments under Mmnesota Statutes sectlon 429 081 Developer has the nght to request tIme sheets or work records to venfy SaId blllmg pnor to payment 9 Erosion and Siltation Control. Before any gradmg IS started on any SIte, all erOSIOn control measures as shown on the approved erOSIOn control plan shall be stnctly complIed WIth as set forth m the attached ExhIbIt _ Developer shall also mstall all erOSIOn control measures deemed necessary by the CIty Engmeer should the 9 erosIOn control plan prove madequate m any respect 10 Drainage Requirements. Developer shall comply WIth all reqwrements set forth for dramage mto any county dttch or other dItch through whIch water from Subject Property may dram, and shall make any necessary unprovements or go through any necessary procedures to ensure comphance WIth any federal, state, county or City reqwrements, all at Developer's expense 11 Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financIal responslblhty for any damage whIch may occur to pubhc property mcludmg but not hmtted to streets, street sub- base, base, bltummous surface, curb, utilIty system mcludmg but not ltmlted to watermam, sarntary sewer or storm sewer when SaId damage occurs as a result of the actiVIty whIch takes place durmg the development of SaId Plat The Developer further agrees to pay all costs reqwred to reparr the streets and/or utthty systems damaged or cluttered With debns when occurnng as a drrect or mdrrect result of the construction that takes place m SaId Plat In the event the Developer faIls to clean up, maIntaIn or reparr the damaged publIc property mentioned above, the City shall proVIde the Developer With a NotIce of Its mtent to clean up, reparr, or maIntam such publIc property Developer shall have thrrty (30) days from the date of maIlmg of such notIce to effect such clean up, reparr or maIntenance of SaId publIc property to the satIsfactton of the CIty Councd In the event that Developer faIls to so clean up, reparr or mamtaIn SaId publIc property, the CIty may undertake makmg or causmg It to be cleaned up, repaIred or maIntaIned When the CIty undertakes such actiVIty, the Developer shall reunburse the CIty for all of Its expenses wlthm thrrty (30) days of Its bdlmg to the Developer If the Developer faIls to pay said bdl Wlthm thrrty (30) days, then the City may speCially assess such costs agaInst the lots WIthm SaId Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entItled to attorneys fees mcurred by the City as a result of such legal action Developer knowmgly and voluntanly waIves all nghts to appeal SaId specIal assessments under Mmnesota Statutes sectton 429 081 12 Temporary Easement Rights. Developer shall proVIde access to the Subject Property at all reasonable ttmes to the CIty or Its representatIves for purposes of mspection or to accomphsh any necessary work pursuant to thIs Agreement 13 Miscellaneous. A Developer agrees that all constructton Items requrred under thIs Agreement 10 are Items for whIch Developer IS responsIble for completmg and all work shall be done at Developer's expense B If any portIon, sectIon, subsectIon, sentence, clause, paragraph or phrase of tlus Contract IS for any reason held mvahd by a Court of competent JUTlsdIctIon, such deCISIOn shall not affect the valIdIty of the remammg portIon of tlus Contract C IfbwldIng permIts are Issued pnor to the completIon and acceptance of pubbc rmprovements, the Developer assumes all hability and the costs resultmg m delays m completIon of pubbc tmprovements and damage to publIc rmprovements caused by the CIty, Developer, Its contractors, subcontractors, matenalmen, employees, agents, or tlurd partIes D The actIon or mactIon of the CIty shall not constItute a waIver or amendment to the proVISIons of tlus Contract To be bmdIng, amendments or WaIvers shall be m wntmg, SIgned by the partIes and approved by wntten resolutIon of the CIty Counctl The CIty'S fatlure to promptly take legal actIOn to enforce tlus 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 obbgatIons requrred of It under tlus Contract, at the Developer's request, the CIty wtll execute and debver to the Developer a release of Its obbgatIOns under tlus Agreement F The Developer represents to the CIty that SaId Plat complIes WIth all CIty, county, state and federal laws and regulatIons, mcludIng but not hmtted to subdIVISIon ordmances, zonmg ordInances, and envrronmental regulatIons If the CIty determmes that SaId Plat does not comply, the CIty may, at ItS optIon, refuse to allow constructIon or development work m the plat untIl the Developer so complIes Upon the CIty'S demand, the Developer shall cease work untIl there IS complIance G Pnor to the executIon of tlus Agreement and pnor 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 11 Mmnesota H Developer shall comply WIth all water, pondmg and wetland related restnctlOns, If any, reqwred by the CIty of AlbertvIlle and/or any apphcable proVIsIOns of State and Federal law I The AlbertVIlle CIty COWlcIl reserves the nght to allocate wastewater treatment capacIty m a manner It finds to be m the best mterests of the pubhc health, safety and welfare J Developer shall not place any structure at an elevatIon such that the lowest grade openmg IS less than two feet above the hIghest known surface water level or ordmary hIgh water level or less than one foot above the 1 DO-year flood level of any adjacent water body or wetland If suffiCIent data on hIgh water levels IS not aVaIlable, the elevatIon of the hne of permanent aquatIc vegetatIon shall be used as the estImated hIgh water elevatIon When fill IS reqwred to meet thIs elevatIon, the fill shall be allowed to stabIlIZe and constructIon shall not begm WltII the property has been approved by the Bwldmg Inspector or a professIOnal soIls engmeer 14 Violation of Agreement. A In the case of default by the Developer, Its successors or asSIgnS, of any of the covenants and agreements herem contamed, the CIty shall gIve Developer thIrty (30) days maIled notIce thereof (VIa certIfied maIl), and IT such default IS not cured Wlthm saId thIrty (30) day penod, the CIty IS hereby granted the nght and the pnvtlege to declare any deficIencIes governed by thIs Agreement due and payable to the CIty m full The thIrty (30) day notIce penod shall be deemed to fWl from the date of depOSIt m the Umted States MaIl Upon faIlure to cure by Developer, the CIty may thence nnmemately and WIthout notIce or consent of the Developer complete the Developer's obhgatlOns Wlder thIs Agreement, and speCIally assess the costs thereof agamst the lots Wlthm SaId Plat and/or bnng legal actIon agamst the Developer to collect any sums due to the CIty pursuant to thIs Agreement, plus all costs and attorney's fees mcurred m enforcmg thIs agreement Developer knowmgly and volWltanly WaIves all statutory nghts to appeal SaId specIal assessment Wlder Mmnesota Statutes sectIon 429 081 B Breach of any of the terms of thIs Contract by the Developer shall be groWlds for demal ofbwldmg permtts and/or revocatIOn of the CondItIonal Use 12 Penrut 15 Dedications to the City. 1 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 Engmeer, shall make the followmg dedtcatIons to the CIty 1 Developer shall dedtcate easements to the CIty over, under and across all traIls, and shall dedtcate all parks WIthm SaId Plat, IT any, to the CIty, m a form and WIth legal descnptIons acceptable to both the CIty Engmeer and CIty Attorney 2 Developer shall dedtcate to the CIty all streets WIthm SaId Plat B Park and Trail Dedications: Developer acknowledges and agrees that m order to satIsfy the CIty'S park dedICatIOn requIrements for SaId Plat, Developer IS requIred to dedtcate 10% of the total acreage of the Subject Property or $1300 per platted lot, or some combmatIon thereof Developer IS plattmg acres mto 170 reSIdentIal lots Developer agrees to dedtcate acres for parkland representIng % of a total requIred dedtcatIon of acres Pnor to release of SaId Plat, Developer shall pay CIty a cash payment totalmg $ , an amount representIng the total park dedtcatIOn cash reqUIrement, subtractIng _ % of such total for the actual land dedIcated In addItIon, Developer shall receIve credIt toward park dedIcatIon requIrements for the actual cost of constructIng and mstallmg traIls as shown on the attached ExhtbIt _ Developer may receIve eIther a cash reImbursement for actual traIl constructIon costs or may opt to have such amount applIed to park dedIcatIon requIrements of future phases of the project Developer shall prOVIde documentatIon of the cost of traIl constructIOn Developer shall not receIve credtt for traIls or portIons of trIals constructed on the shoulder or m the nght-of-way of a publIc street 16 Phased Development. If the plat IS a phase ofa multI-phased prehmmmy plat, the CIty may refuse to approve final plats of subsequent phases unttl publIc Improvements for all pnor phases have been satIsfactonly completed Development of subsequent phases may not proceed WltIl Development Contracts for such phases 13 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 bmd the CIty to approve future Development phases All future Development phases shall be governed by the CIty'S ComprehenSIve PI~ Zomng ordmance, SubdIVISIOn ordmance, and other ordmances m 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 harmless from claImS made by Developer and thrrd partIes for damages sustamed or costs mcurred resultIng from SaId Plat approval and development The Developer shall mdemmfy the CIty and Its officers and employees for all costs, damages or expenses whIch the CIty may payor mcur m consequence of such claImS, mcludmg attorney's fees Thrrd 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 wntten 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 PermIt whIch IS the subject of thIs agreement m no way constItutes approval of anythIng other than that whIch IS explICItly specIfied m thIs Agreement 20 Professional Fees. The Developer will pay all reasonable profeSSIOnal fees mcurred by the CIty as a result of CIty efforts to enforce the terms of thIs Agreement SaId fees mclude attorney's fees, engmeer's fees, planner's fees, and any other profeSSIOnal fees mcurred by the CIty m attemptIng to enforce the terms of thIs Agreement The Developer will also pay all reasonable attorney's and profeSSIOnal fees mcurred by the CIty m the event an actIon IS brought upon a letter of credIt or other surety furnIshed by the Developer as prOVIded herem 21 Plans Attached as Exhibits. All plans attached to thIs Agreement as ExlnbIts are mcorporated mto thIs Agreement by reference as they appear Unless otheTWlse speCIfied m thIs Agreement, Developer IS bound by SaId plans and responsIble for ImplementatIon of SaId plans as herem mcorporated 22 Integration Clause, Modification by Written Agreement Only. ThIs Agreement represents the full and complete understandIng of the partIes and neIther party IS relymg on any pnor agreement or statement(s), whether oral or wntten ModIficatIon of thIs Agreement may occur only If m wntIng and SIgned by a duly 14 authonzed agent of both partIes 23 Notification Information. Any notIces to the partIes herem shall be m wntlng, dehvered by hand (to the CIty Clerk for the CIty) or regIstered matI addressed as follows to the followmg partIes CIty of Albertvllle c/o CIty Clerk POBox 9 AJbertvllle,~ 55301 Telephone (612) 497-3384 K C Land Company 2191 Sliver Lake Road New Bnghton, ~ 55112 AttentIon KeIth Harstad Telephone (651) 636-3751 24 Agreement Effect. ThIs Agreement shall be bmdmg upon and extend to the representatIves, helTS, successors and aSSIgns of the partIes hereto CITY OF ALBERTVILLE, By Its Mayor By Its Clerk KC LAND COMPANY By Kteth Harstad Its PreSIdent 15 ~ STATE OF MINNESOTA) ) ss COUNTY OF WRIGHT ) The foregomg mstrwnent was acknowledged before me tlus day of , 2000, by John A Olson as Mayor of the CIty of Albertville, a Mmnesota mumcIpal corporatIon, on behalf of the CIty and pursuant to the authonty of the CIty CouncIl Notary Pubhc STATE OF MINNESOTA) ) ss COUNTY OF WRIGHT ) The foregomg mstrwnent was acknowledged before me tlus day of , 2000, by Lmda Goeb, as Clerk-AdmmIstrator of the CIty of AlbertvIlle, a Mmnesota mumcIpal corporatIon, on behalf of the CIty and pursuant to the authonty of the CIty CouncIl Notary Pubhc STATE OF MINNESOTA) ) ss COUNTY OF WRIGHT ) The foregomg mstrwnent was acknowledged before me tlus day of , 2000, by Kteth Harstad, as PreSIdent of K C Land Company Notary Pubhc 16