2017 2nd Amend. to Dev. Agmt. - ExecutedCITY OF ALBERTVILLE
SECOND AMENDMENT TO PLANNED UNIT
DEVELOPMENT AGREEMENT
TOWNE LAKES 6TH ADDITION
WHEREAS, the City of Albertville ("City"), a Minnesota municipal corporation, and
Contractor Property Developers Company entered into an Agreement titled "Planned Unit
Development Agreement Towne Lakes 6th Addition" ("Developer's Agreement") dated
September 7, 2005 and recorded as document number 1003634 at the Wright County Recorder's
Office, Wright County, Minnesota; and
WHEREAS, Kilber Section 36, LLC ("Kilber"), a North Dakota limited liability
company, purchased the property subject to the Developer's Agreement; and
WHEREAS, Kilber and the City executed an Amendment to Planned Unit Development
Agreement, Town Lakes 6th Addition ("First Amendment") which has been recorded as
document number 1164289 at the Wright County Recorder's Office; and
WHEREAS, Kilber has since sold the property that is the subject of the Developer's
Agreement and the First Amendment to HSB Ventures, LLC., a Minnesota Limited Liability
Company ("Developer"); and
WHEREAS, Developer acknowledges that it is bound by the Developer's Agreement
and the First Amendment by virtue of its ownership of the property subject to the Developer's
Agreement and all references hereafter in this Amendment, the First Amendment and in the
Developer's Agreement to "Developer" shall mean HSB Ventures, LLC;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
1. Paragraph 2.A. of the Developer's Agreement is hereby amended to read as follows:
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 C, but in no event shall be less than those set forth below:
1. Front yard setbacks not less than 16 feet from public street right-of-way.
2. Side yard setbacks of 12.3 feet for Lots 19 and 24 from public street right-
of-way.
3. Side yard setbacks of 14 feet for Lots 1 and 42 from the 70th Street right-of-
way.
11. The townhome units shall have a minimum garage size of 440 square feet.
12. The landscape plan attached to the Developer's Agreement as Exhibit F is hereby
replaced with the Landscape Plan attached hereto as Exhibit F, and is approved
with the following conditions:
A. The Public Works Director approves the species and location of all boulevard
trees.
B. The applicants shall erect a six foot vinyl fence along the west lot line of Lot
44 of the 6t' Addition. ❑
13. Mailboxes shall be clustered in a manner in a location approved by the City
Planner and the Post Office.
14. Paragraph 3A of the Developer's Agreement is modified to read as follows:
A. On or before October 31, 2017, the Developer shall construct those Municipal
Improvements located on Said Plat as detailed in the Plans and Specifications for
Towne Lakes Sixth Addition, as prepared by Westwood Professional Services dated
February 8, 2005 and revised September 22, 2005 and on file with the City Clerk,
including completion of all items listed on the attached Exhibit A, except that
completion of the following items may be delayed as follows:
i. Sidewalks shall be installed consistent with the timeline set out in
this subparagraph:
a. On the south Side of 68th Street, between Linwood Drive and
Wright County State Aid Highway No. 19 (the Shoppes at
Towne Lakes 2 plat), the sidewalk shall be installed by
Developer when a building is constructed on the lot adjacent to
68th street where there is no sidewalk currently.
b. On the north Side of 68th Street, between Linwood Drive and
Wright County State Aid Highway No. 19 (Outlot A to Said
Plat), the sidewalk shall be installed by Developer when a
building is constructed on the lot adjacent to 68`" street, and such
sidewalk shall extend from the western edge of said lot east to the
intersection of 68d' Street and Linwood Drive.
c. On the west side of Linwood Drive north of 68h Street, the
sidewalk shall be installed by Developer when a building is
constructed on a lot adjacent to Linwood Drive, and such
sidewalk shall extend from 70'' Street to 68th Street.
d. On the east side of Linwood Drive, north of 68th Street, the
sidewalk shall be installed by Developer adjacent to the
townhomes abutting Linwood Drive prior to the issuance of an
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occupancy permit for such townhomes, and such sidewalk shall
extend south to the intersection of Linwood Drive and 68d' Street.
e. On the west side of Lancaster Way, north of 681' Street, the
sidewalk shall be installed by Developer adjacent to the
townhomes abutting Lancaster Way prior to the issuance of an
occupancy permit for such townhomes, and such sidewalk shall
extend south to the intersection of Lancaster Way and 68d' Street.
f. Notwithstanding the foregoing, all sidewalks shall be installed no
later than the earlier of 1) the time of issuance of the final
occupancy permit for the last residence to be constructed on Said
Plat or 2) four years from the date of this Agreement.
ii. Final finish grading of lots shall be performed prior to issuance of an
occupancy permit, but Developer shall ensure that the Subject
Property drains in a manner consistent with the grading and drainage
plan attached to the Developer's Agreement and shall immediately
correct any areas of the Subject Property that do not drain properly.
iii. All such improvements shall be constructed at Developer's expense
according to the standards adopted by the City, along with all items
required by the City Engineer. The City Engineer will promptly
inspect the Municipal Improvements upon their completion and,
when satisfactorily completed, recommend acceptance of such
improvements by the City Council. The City Council shall not
unreasonably withhold acceptance of such completed Municipal
Improvements.
15. Paragraphs 6A and 6B of the Developer's Agreement are hereby modified to read as
follows:
A. Developer will provide the City with an irrevocable letter of credit 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 $116,525. 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, landscaping, 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.
16. Paragraphs 7A and 7B of the Developer's Agreement are hereby modified to read as
follows:
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A. Periodically, as portions of the Municipal Improvements and landscaping are
completed, 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 landscaping 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.
The City may at all times retain the letter of credit in an amount sufficient to
complete the unfinished Municipal Improvements and landscaping required by the
Developer's Agreement.
B. The Developer may request of the City a reduction or release of any surety as
follows:
i. When another acceptable letter of credit or surety is furnished to the City to
replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements or landscaping have
been installed, the letter of credit or surety may be reduced pursuant to
paragraph 7A above, 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.
iii. 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.
17. The boulevard trees located on the Landscape Plan attached to the
Developer's Agreement shall be installed consistent with the timelines set out in this
paragraph:
a. On the east side of Linwood Drive, upon the issuance of an occupancy permit for
townhomes abutting Linwood Drive, but only from such townhomes south to the
intersection of Linwood Drive and 68h Street.
b. On the west side of Linwood Drive, when the corresponding trees on the east side of
Linwood Drive are required to be planted.
c. On 68th Street west of Linwood Drive, upon the construction of a building abutting
68`x' Street.
d. On 68'x' Street between Linwood Drive and Lancaster Way, upon the issuance of an
occupancy permit for any of the townhome units abutting 68th Street.
e. On the west side of Lancaster Way, upon the issuance of an occupancy permit for
townhomes abutting Lancaster Way, but only from such townhomes south to the
intersection of Lancaster Way and 68"' Street.
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f. On the east side of Lancaster Way, upon the issuance of an occupancy permit for a
single family home, but only where trees are abutting the lot that contains such
single family home.
g. Notwithstanding the foregoing, all boulevard trees required to be installed by this
paragraph shall be installed no later than the earlier of 1) the time of issuance of the
final occupancy permit for the last residence to be constructed on Said Plat or 2) four
years from the date of this Agreement.
18. City and Developer agree that HSB Ventures, LLC, as successor to Contractor Property
Developers Company under the Developer's Agreement, shall not be liable for any of
Contractor Property Developers Company's obligations under developer's agreements
pertaining to the Towne Lakes first, second, fourth, or fifth additions, and that HSB
Ventures, LLC's liability under the developer's agreement pertaining to Towne Lakes
Third Addition, recorded in the Wright County Recorder's Office as document number
894487, shall arise only to the extent that HSB Ventures, LLC is the successor to
Contractor Property Developers Company in the Towne Lakes Sixth Addition Developer's
Agreement. Notwithstanding this paragraph, Developer shall not be released from any
liability arising from a wetland permit covering land in the Towne Lakes Sixth Addition,
regardless of whether that permit also covers prior Towne Lakes additions.
19. Developer shall take all necessary steps to amend the NPDES permit for Said Plat to
make Developer the responsible party under such permit.
20. Upon 1) the execution of this Agreement by the City and Developer, and 2) the posting
of an acceptable letter of credit with the City by Developer, Kilber shall be released
from all obligations of the Developer's Agreement and the First Amendment, and the
City shall release the entire remaining balance of Kilber's letter of credit via a written
acknowledgement to the issuing bank that the City authorizes such issuing bank to
terminate the Kilber letter of credit immediately.
21. Notices. All notices required to be given to the Developer under the Developer's
Agreement, the First Amendment, or this Amendment shall be sent to the Developer at
the following address:
HSB Ventures, LLC
14505 43rd Ave N.
Minneapolis, MN 55446
22. Misc.
A. Each townhome unit shall have separate utility connections.
B. The 6t'' Addition shall be subject to the master homeowners association
established with Towne Lakes 1St and 2nd Additions.
C. The developer shall establish townhome association documents that shall
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be subject to review and approval of the City Attorney.
D. Lot 43 of Towne Lakes 6t' Addition shall be deeded to the townhome
association.
E. Cross access easements over Lot 43 shall be established and conveyed to
each townhome lot.
F. All townhomes shall be owner -occupied. Rentals are prohibited.
G. The PUD agreement shall outline the approved setbacks and development
standards approved with this PUD amendment.
H. Developer agrees to hold the City harmless from any decrease in property
value or other monetary damage that may result from any future changes to
or access from Linwood Drive to 70th Street N.E.
I. Developer's Agreement. Except as specifically altered by this Amendment, the terms
of the Developer's Agreement and the First Amendment shall remain in full force and
effect for the properties in Towne Lakes 6th Addition.
Dated this 17'h day of July, 2017.
CITY OF ALBERTVILLE,
It Mayor
By
__;�Z
Its Clerk
HSB VENTURES, LLC.
By
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this —174k -_day of July,
2017 by Jillian Hendrickson 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.
Notary Public
"""' • Janette G. Rust
Notary Public
Minnesota
STATE OF MINNESOTA ) ;!1!!'' " MY Cowissw Expires January 31, 2020
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 1744 day of July,
2017, by Kimberly Olson, as Clerk of the City of Albertville, a Minnesota municipal corporation,
on behalf of the city and pursuant to the authority of the City Council.
otary Public
Janette G. Rust
,A= Notary Public
' Minnesota
-V!iA;.° My comn wm Expires January 31, 2020
STATE OF MINNESOTA
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this I 0*h day of
2017, by =5' r the TT^ < 'trpjj_ of HSB
Ven es, LLC.
Qa*4-Ti4�
Janette G. Rust
'a= Notary Public
Minnesota
. !:t , rV My Commission Expires January 31, 2020
L:
DRAFTED BY:
Couri & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
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EXHIBITS
EXHIBIT A
WORK TO BE COMPLETED
1. Submit televised logs and video of sanitary sewer system for City review and approval.
2. Submit record drawings for City review and approval.
3. Bituminous street patching and repairs, as required prior to final lifts.
4. Placement of final lifts of bituminous per approved plans.
5. Repair and/or replacement of damaged storm sewer.
6. Adjust castings as required for final lift of pavement.
7. Street striping and signage per approved plans.
8. Grade and restore boulevards and medians within public right-of-way.
9. Finish -grading of lots, ponds and drainage ways per approved plans
10. Remove all silt fence, debris piles, and hay bales from site.
11. Remove inlet protection from all storm sewer structures and clean storm sewer as
required.
12. Construct sidewalks per approved plans.
13. Installation of landscaping and plantings per approved plans.
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