2017-10-02 CUP/PUD Development AgreementCITY OF ALBERTVILLE
CONDITIONAL USE /PLANNED UNIT DEVELOPMENT AGREEMENT
HUNTERS LAKE ESTATES
THIS AGREEMENT, entered into this day of October, 2017 by and
between Carlson Dingman & Hansen, LLC, a Minnesota Limited Liability Company
referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of
Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which
real property is proposed to be subdivided and platted for development and which
real property is subject to the provisions of this Agreement; and
WHEREAS, Developer is proposing to subdivide a portion of Outlot C of
Hunters Pass Estates into 18 single-family residential lots and 2 Outlots, which are
described on the attached Exhibit A. Said subdivision which is to be governed by
this Agreement is intended to bear the name "Hunters Lake Estates" and shall be
hereinafter referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, the City has given final approval of Developer's plat of Hunters
Lake Estates (attached hereto as Exhibit B) 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, trail(s), curb and gutter, grading,
sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter
"Municipal Improvements") be installed to serve the Development, 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, drainage swales, berming, 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's predecessor in title have previously
entered into a Developer's Agreement titled "City of Albertville Conditional Use/
Planned Unit Development Agreement Hunters Pass Estates" dated August 12, 2005
and recorded as document number 984963 at the Wright County Recorder's Office
("Master Agreement") under which the City granted preliminary plat approval to the
plan for the area covered by said Master Agreement; and
WHEREAS, Said Plat is governed by the Master Agreement, except as may
be explicitly modified herein; and
WHEREAS, the City and Developer desire to supplement the Master
Agreement with the site specific details applicable to Hunters Lake Estates, 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, with any conflicts between the two documents being resolved in favor of the
language set forth in this document;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Preliminary Plat Master Allreement.
A. That certain Developer's Agreement entitled "City of Albertville
Conditional Use/ Planned Unit Development Agreement Hunters Pass
Estates" ("Master Agreement") between Hunters Development, LLC
and the City of Albertville, dated August 12, 2005 and recorded in the
Wright County Recorder's Office as document number 984963 along
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with any recorded amendments is hereby incorporated herein the same
as if the text of said Agreement were contained within this document.
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 Hunters Lake Estates, 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 Hunters Lake Estates. 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 Hunters Lake Estates, 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 Subject Property 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 agrees that setbacks shall be consistent with the following
requirements:
i. Thirty foot front yard setback from the public right-of-way
for the principal structure, including garage
ii. Twenty foot front yard setback for a porch
iii. Ten foot side yard setback for the principal structure
iv. Five foot side yard setback for the garage
v. Thirty foot side yard setback from the public right-of-way
vi. Ten foot rear yard setback for the following lots:
1) Lot 3, Block 2
2) Lot 4, Block 2
3) Lot 1, Block 1
4) Lot 2, Block 1
5) Lot 3, Block 1
vii. Thirty foot rear yard setback for all remaining lots
B. Developer shall install trees, shrubs, berms and screening as shown on
the landscape plan attached as Exhibit C. The rear -yard landscaping
required of all yards abutting 70'' Street shall be installed within 30
days of completion of mass final subdivision grading, weather
permitting. Any other landscaping shown on Exhibit C shall be
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installed no later than October 31, 2019. The Developer shall
guarantee that all new trees shall survive for two full years from the
time planting has been completed or will be replaced at the expense of
the Developer, except that 70t'' Street rear -yard landscaping shall be
replaced by the Developer if it dies prior to the issuance of an
occupancy permit for said lot even if such two-year period has elapsed.
C. Developer shall install and maintain wetland demarcation signage at
the boundaries of the wetland buffer. The sign design and sign
locations shall be approved by the City Engineer.
D. All buildings constructed on Said Plat shall adhere to established
architectural standards (design guidelines)l for the Hunters Pass
subdivision, as adopted by the Hunters Pass Estates Homeowners
Association. All decks and/or porches shall be designed to fit within
the approved building setbacks set out in this Agreement.
E. All buildings constructed on Said Plat must be constructed at least
three feet above Hunters Lake's ordinary high water level of 947.3
feet above sea level. The lowest floor elevation for all homes in the
Subject Property must be at an elevation of at least 951.3 feet above
sea level or higher.
F. Developer shall deed Outlots A and B of Said Plat to the City of
Albertville upon the recording of the final plat.
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
Hunters Lake Estates, as prepared by Civil Engineering Site Design
dated 2017 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
ponding and site grading. All such improvements shall be constructed
according to the standards adopted by the City, along with all items
required by the City Engineer. Unless the City Engineer specifies a
later date, said improvements shall be installed by September 30,
2018, except that the wear course of bituminous pavement must be
installed after between June 1St and July 31St of the year following the
installation of the base course of such bituminous pavement, even if
this requirement causes the wear course to be installed after September
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30, 2018.
B. The Developer shall provide the City with record drawings for all
Municipal Improvements, consistent with City requirements and
subject to review and approval of the City Engineer. Record drawings
shall be certified by a registered land surveyor or engineer that all
ponds, swales, emergency overflows, and Municipal Improvements
have been constructed on public easements.
C. The Developer warrants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constructed to City standards and shall
suffer no significant impairments, either to the structure or to the
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
Acceptance shall be by City Council motion or resolution.
D. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said improvements on Said
Plat. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety
after providing Developer with 30 days written notice and pay any
contractors who performed work on any Municipal Improvements and
whom Developer has failed to fully pay for the performance of said
work.
E. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City may
deem necessary) during the construction and installation of said
Municipal Improvements. Developer agrees to pay for all costs
incurred by the City during said inspections.
F. The Developer shall be responsible, at Developer's expense, for
plowing snow from all streets in Said Plat that do not have wear course
installed. Such plowing shall be done in a manner and on a timeline
consistent with the way the City plows its other residential streets.
Developer shall be responsible for repairing all damage which occurs
to streets and utilities as a result of snow plowing when such streets do
not have the wear course of bituminous installed.
4. Construction of On- and Off -Site Im rovements.
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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, drainage
swales, berming, wetland demarcation signs and sign posts and like
items as necessary, street cleanup during project development, and
erosion control, all as required by City ordinance, this Agreement and
the Master Agreement. 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
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
September 30, 2018, 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, be responsible to ensure following
items are installed within the Subject Property, 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:
Electrical power supply, to be provided by Wright -Hennepin or
other such carrier;
ii. Natural gas supply, to be provided by Center Point Energy or
other such carrier;
Telephone service, to be provided by Century Link 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
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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. Before any grading is started on any site, all erosion control measures
as shown on the approved Grading, Drainage and Erosion Control
Plan attached as Exhibit D shall be strictly complied with. Developer
shall maintain erosion control measures in accordance with MPCA's
Best Management Practices at all times during the development of
Said Plat.
D. Notwithstanding the requirements of subparagraphs 2C, 2D and 4A
above and except as otherwise provided in this Agreement, the
Developer shall be responsible to ensure that the on- and off-site
improvements are installed to the City's satisfaction 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 Said Plat as shown on the Grading, Drainage and Erosion
Control Plan attached as Exhibit D. 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. It is the Developer's and City's intent that
a total of 18 single family units be constructed on Said Plat, with one single
family home on each lot as well as any accessory structures permitted under
the City's zoning ordinance, this Agreement or the Master Agreement.
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 $388,800.00
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($370,800.00), $1,500.00 per acre for erosion control
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on and off-site improvements, and 150% of the estimated cost for
landscaping/screening materials ($6,000.00). Said letter of credit or
surety must meet the approval of the City attorney as to form and
issuing bank (the issuing bank must be an FDIC insured bank located
within 100 miles of the City of Albertville), and must be available in
its entirety to fulfill the obligations of the Developer under this
Agreement. The letter of credit to the City shall contain language
requiring its automatic renewal prior to December 31 of each calendar
year, unless cancellation of the letter of credit is specifically approved
in writing by the City.
B. The City may draw on said letter of credit or surety after required
written notice 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. Said letter of credit
must be maintained by Developer at all times at the level provided in
paragraph 6A above or a lesser amount authorized by the City Council
pursuant to paragraph 7B below.
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 pay or 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 reasonable 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.
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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
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.
G. In the event the Developer files bankruptcy or in the event a
bankruptcy proceeding is filed against Developer by others and is not
dismissed within 60 days, or in the event a court appoints a receiver
for the Developer, the City may draw on its letter of credit or surety in
its full amount to secure its surety position. The City shall then release
the remainder of said letter of credit or surety to the bankruptcy court
or receiver in the same manner that it would be required to release the
letter of credit under this Agreement.
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/or landscaping 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 and landscaping
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.
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B. The Developer may request of the City a reduction or release of any
surety as follows:
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 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.
iii. When all or a portion of the landscaping improvements have
been installed pursuant to the Landscaping Plat attached as
Exhibit C, the letter of credit or surety may be reduced by the
dollar amount attributable to that portion of such landscaping
improvements installed, except the City shall retain the letter of
credit or surety in the amount of 25% of the estimated
Landscaping Improvement costs for two years from the time of
the installation of said landscaping materials.
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 development of the Subject
Property, the City's costs and expenses related to attorney's fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans
and specifications, and any other expenses undertaken in reliance upon
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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 Said Plat, or
fails to leave the abandoned property in a condition which can be mowed
using conventional lawn mowing equipment, Developer agrees to pay all
costs the City may incur in taking whatever action is reasonably necessary to
provide ground -cover and otherwise restore Said Plat to the point where
undeveloped grounds are level and covered with permanent vegetation
sufficient to prevent continuing soil erosion from Said Plat and to facilitate
mowing of Said Plat. In the event that said costs are not paid, the City may
withdraw funds from the above-mentioned surety for the purpose of paying
the costs referred to in this paragraph.
9. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all
reasonable administrative, legal, planning, engineering and other professional
costs incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of Said Plat, 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 Said Plat without
objection. Developer has the right to request time sheets or work records to
verify said billing prior to payment.
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
$2,055.00 per acre and $1,925.00 per acre respectively, upon development of
said Plat. There are 8 acres in said Plat to which the Trunk Charges apply,
which received final plat approval. Therefore, the Sanitary Sewer and Water
Trunk Line Fees for the numbered lots receiving final plat approval are
$31,840.00 ($16,440.00 in sanitary sewer trunk line fees calculated as
$2,055.00 x 8 acres and $15,400.00 in water fees calculated as $1,925.00 x 8
acres).
11. Erosion and Sedimentation Control.
Developer shall implement all erosion control measures detailed in the Storm
Water Pollution Prevention Plan ("SWPPP") and on the Grading and Drainage
plan (including construction of all temporary and permanent ponds) in the order
required by the City Engineer. Developer shall also implement any additional
erosion control measures required by the City Engineer, and shall abide by all
erosion control requirements contained in the Albertville Subdivision ordinance
and as required by the NPDES Construction Stormwater Permit for the project.
The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and/or the requirements
of the NPDES Construction Stormwater Permit, the City may take such action as
it deems appropriate to control erosion, and the landowner hereby grants the City
permission to enter upon the land and take such necessary erosion control
actions. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's
and City's rights or obligations hereunder. If the Developer does not reimburse
the City for any cost the City incurred for such work within thirty (30) days, the
City may draw down the letter of credit to pay any costs or may specially assess
Developer's land for the costs not covered by the letter of credit. No
development will be allowed and no building permits will be issued unless the
development is in full compliance with the erosion control requirements.
12. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from Said Plat 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 Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage or
repairs 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 construction activity which takes place
during the development of Said Plat, including the initial construction of
homes on the lots. 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 said
construction that takes place in Said Plat.
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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 Said Plat 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 Said
Plat will be repaired within 14 days if not deemed to be an emergency by
the City.
If Developer fails to so clean the 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 Said Plat 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 Rights.
Developer shall provide access to Said Plat 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. If building 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.
F. The Developer represents to the City that Said Plat complies with all
City, county, state and federal laws and regulations, including but not
limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that Said Plat does
not comply, the City may, at its option, refuse to allow construction or
development work on Said Plat until the Developer so complies.
Upon the City's demand, the Developer shall cease work on Said Plat
until there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on Said Plat, Developer shall provide the City with
evidence of good and marketable title to all of Said Plat. 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.
I. 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 shall obtain all required driveway, utility and other permits
as required by the City Engineer, Wright County and/or the State of
Minnesota for the construction of the Municipal Improvements and the
On- and Off -Site Improvements.
16. Violation of Agreement.
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A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer thirty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day
period, the City is hereby granted the right and the privilege to declare
any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run
from the date of deposit in the United States Mail. Upon failure to
cure by Developer, the City may thence immediately and without
notice or consent 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 Said Plat pursuant to the terms of this
agreement.
B. Notwithstanding the 30 -day notice period provided for in paragraph
16(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 16A of this section shall not apply to any acts or rights of
the City under the preceding paragraph 6F, 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.
17. Dedications to the City.
A. Municipal Improvement Dedications.
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The Developer, upon presentation to the City of evidence of good and
marketable title to Said Plat, 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, sidewalks, curbs,
drainage and utility easements, gutters, ponds, sewers and water mains
to the City. Upon acceptance of such 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.
i. Developer agrees that the City's Code currently requires
that the Developer to pay $3,300 per single-family lot to the
City as park dedication fees upon development of Said Plat.
There are 18 single-family lots within Said Plat. Therefore, the
park dedication fees for the development of Said Plat is
$59,400 (18 single-family lots x $3,300).
ii. Developer shall deed Outlots A and B to the City.
18. 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 3.5% of the estimated construction costs of the Municipal Improvements
within the Plat. The administrative fee for this Plat is $12,978.00.
19. 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
this phase of the Subject Property shall not be construed as approval of future
phases nor shall approval of this phase bind the City to approve future
Development phases. The Master Agreement, the City's Comprehensive
Plan, Zoning ordinance, Subdivision ordinance, and other ordinances shall
govern all future Development phases in effect at the time such future
Development phases are approved by the City.
20 Indemnity. Developer shall hold the City and its officers and employees
harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from Said Plat approval and
development. The Developer shall indemnify the City and its officers and
16
employees for all costs, damages or expenses that the City may pay or incur
in consequence of such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
21. Assignment of Contract. The Developer can assign the obligations of the
Developer under this Contract. 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.
22. 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.
23. Professional Fees. The Developer will pay all reasonable professional fees
incurred by the City as a result of City efforts to enforce the terms of this
Agreement. Said fees include attorney's fees, engineer's fees, planner's fees,
and any other professional fees incurred by the City in attempting to enforce
the terms of this Agreement. The Developer will also pay all reasonable
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.
24. Plans Attached as Exhibits. All plans attached to this Agreement as
Exhibits are incorporated into this Agreement by reference as they appear.
Unless otherwise specified in this agreement, Developer is bound by said
plans and responsible for implementation of said plans as herein incorporated.
25. Integration Clause, Modification by Written Agreement Only. This
Agreement represents the full and complete understanding of the parties and
neither party is relying on any prior agreement or statement(s), whether oral
or written. Modification of this Agreement may occur only if in writing and
signed by a duly authorized agent of both parties.
26. Notification Information. Any notices to the parties herein shall be in
writing, delivered by hand (to the City Clerk for the City) or registered mail
addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
17
Carlson Dingman & Hansen, LLC
Attn: Henry Hansen
104 Fairway Avenue
Cold Spring, MN 56320
Telephone: (320)
27. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
B
Its Mayor
B AO-IZI
Clerk
CARLSON DINGMAN & HANSEN, LLC
By -
I 6y Hansen
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this a � day of
b c b e,,- , 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.
Tina Louise Lannes
r *= Notary Public
Minnesota
; !,,,,. My CanmWion Eyes January 31, 2019
Notary Public
IN
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this a ✓—d day of
Q cA-&tte/, -- , 2017, by Kimberly Hodena, 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.
Tina Louise Lannes
Notary Public
SR
';.Minnesota
' My Commission es Janua 31 2019
) ss.
COUNTY OF WRIGHT )
N2
Notary Public
Henry Hansen, as �, /'?,o,`oiP.r�— of Carlson Dingman & Hansen, LLC,
acknowledged the v foregoing instrument before me this 11 14— day of
6 , 2017.
Tina Louise Lannes
} •'R= Notary Public
Minnesota Notary Public
'��;�+•,FP• My Canmission Expire January 31, 2019
DRAFTED BY:
Couri & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763)497-1930
19
EXIUBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as
follows:
Lots 1-5, Block 1
Lots 1-9, Block 2
Lots 1-4, Block 3
Outlot A
Outlot B
All said property is located in Hunters Lake Estates, City of Albertville, County of
Wright, State of Minnesota.
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EXHMIT B
Final Plat
EXHMIT C
Setback Requirements
EXHMIT D
Landscape Plan
EXH[BIT E
Grading, Drainage and Erosion Control Plan
21