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2014-11-17 CC Agenda PacketA. IbErty� ij E Mayor and Council Request for Action November 13, 2014 SUBJECT: LEGAL - PARTIAL RELEASE OF ALBERTVILLE CROSSING AND PARK VIEW PLACE DEVELOPER'S AGREEMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution 2014-039 Releasing Selected Albertville Crossing Properties from Portions of Developer's Agreements. BACKGROUND: The Albertville Crossing properties (Cobom's and surrounding buildings located on the southeast corner of CSAH 19 and 57th Street) have been in receivership for some time. Recently, Hempel Companies has entered into an agreement to purchase these properties, contingent on the buyer being satisfied with the results of its due diligence review. During that review, the buyer noted the presence of three developer's agreements that apply to these properties, and has requested release of these developer's agreements from the properties it will be purchasing. Albertville's practice has been to release those portions of the developer's agreements which pertain to one-time obligations that have already been satisfied. Those portions of the developer's agreements that constitute continuing obligations of the property owner are not released, but remain binding upon the properties. The City Attorney has reviewed the developer's agreements, and has the following recommendations: Park View Place Developer's Agreement This developer's agreement was executed in 1999 and platted the townhomes on Lachman Avenue south of 57th Street NE, dedicated 57th Street NE, and platted the commercial properties that later became known as Albertville Crossing as outlots. These outlots were later replatted under the Albertville Crossing developer's agreements. All obligations under the Park View Place Developer's Agreement have been met, and there are no permanent provisions which apply to the Albertville Crossing properties. The City Attorney recommends that this developer's agreement be released in its entirety from the Albertville Crossing properties. Albertville Crossing Developer's Agreement This developer's agreement was executed in 2002 and platted Coborn's and most of the other commercial properties now known as Albertville Crossing. There are several provisions which are permanent in nature and should not be released, as well as one-time provisions which have since been fully complied with. The City Attorney recommends that Lots 1, 2, and 3, M:1Public DatalCity Council\Council Packet information120141111714\2014-11-17 partial release of Alb Crossings RCA. doc Meeting Date: November 17, 2014 ends Page 34 Mayor and Council Request for Action — November 17, 2014 Partial Release of Albertville Crossings & Park View Developer's Agreements Page 2 of 3 Block 1 and Outlot A of the Albertville Crossing plat be released from all but the following provisions: Paragraph 3.E. Pond Maintenance. • Paragraphs 6.A. through 6.J, Paragraphs 6.L. though 6.0., Paragraph 6.Q.—all paragraphs relate to the use of the property. Paragraph 7-Pond Maintenance. • Paragraph 10 Developer to pay City's costs of enforcement of the Developer's Agreement. Paragraph 13 Temporary easement rights. Paragraph 14 B., D., E., F., H., I., J.-Miscellaneous permanent provisions • Paragraph 16 Indemnification. • Paragraphs 17-26, with Paragraph 25 being modified to reflect the new owner's contact information —Le gal requirements, notice provisions, etc. Albertville Crossing Second Addition This developer's agreement was executed in late 2002, and platted the three lots in between CSAH 19 and LaCentre Avenue NE and the southern -most lot on the east side of LaCentre Avenue NE. There are several provisions which are permanent in nature and should not be released, as well as one-time provisions which have since been fully complied with. The City Attorney recommends that Lots 1, 2, and 3, Block 1 (but not Lot 1, Block 2) of the Albertville Crossing Second Addition plat be released from all but the following provisions: Paragraphs 5.A.-5.H. Use of the Property. Paragraph 7-Pay City's costs and expenses to enforce agreement. Paragraph Maintain public property during construction. Paragraph 10 Pubic access necessary to enforce agreement. Paragraphs 11.B., D., E., F., H., I., J.-Miscellaneous. • Paragraphs 13, 14, 15, 16, 18, 19, 20, 21, 22 and 23 with paragraph 22 being modified to reflect the new owner's contact information —Le gal requirements, notice provisions, etc. M:1Public DatalCity Council\Council Packet information120141111714\2014-11-17 partial release of Alb Crossings RCA. doc Meeting Date: November 17, 2014 Agenda Page 35 Mayor and Council Request for Action — November 17, 2014 Partial Release of Albertville Crossings & Park View Developer's Agreements Page 3 of 3 KEY ISSUES: • The items proposed to be released are one-time items (such as constructing improvements, posting letters of credit, paying park dedication, etc.) that have already been fully performed. • Permanent, on -going requirements of the developer's agreements will remain in place. POLICYTRACTICES CONSIDERATIONS: The City has routinely granted partial releases such as this in the past, provided the requestor has paid the City's expenses related to the releases. Hempel Companies has escrowed sufficient money with the City to pay all costs incurred by the City in this transaction. FINANCIAL CONSIDERATIONS: Because Hempel Companies has agreed to pay all City costs, there will be no net financial effect on the City from the partial release of these developer's agreements. LEGAL CONSIDERATIONS: Releasing fully -performed, one-time developer's agreement provisions cleans up the title to these properties and makes them more marketable. over time, this will make the properties easier to sell and facilitate the purchase of these properties by new owners who may be willing to make needed investments in the properties. Responsible Person/Department: Mike Couri, City Attorney. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution 2014-039 Albertville Crossing developer's agreement Albertville Crossing plat Albertville Crossing Second Addition developer's agreement Albertville Crossing Second Addition plat. Park View Place developer's agreement (available Monday) Park View Place plat (available Monday) M:1Public DatalCity Council\Council Packet information120141111714\2014-11-17 partial release of Alb Crossings RCA. doc Meeting Date: November 17, 2014 ends Page 36 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2014-039 RELEASING SELECTED ALBERTVILLE CROSSING PROPERTIES FROM PORTIONS OF DEVELOPER'S AGREEMENTS WHEREAS, the City of Albertville ("City") has entered into developer's agreements applicable to the following plats: • Park View Place, recorded as document number 694771 at the Wright County Recorder's office; • Albertville Crossing, recorded as document number 789447 at the Wright County Recorder's office; • Albertville Crossing Second Addition, recorded as document number 824396 at the Wright County Recorder's office; and WHEREAS, a prospective purchaser of the property has requested that the developer's agreements identified above be released from certain of the properties to which the developer's agreements apply; and WHEREAS, the City has agreed to release selected properties from selected paragraphs of the applicable developer's agreements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA*. 1. Lots 1, 2 and 3, Block 1, Albertville Crossings according to the plat of record as recorded in the Wright County Recorders office and Lots 1, 2 and 3, Albertville Crossings Second Addition according to the plat of record as recorded in the Wright County Recorders office are hereby released in their entirety from the following provisions of the following developer's agreements: a. All provisions of document number 694771 recorded at the Wright County Recorder's office; b . All of the numbered paragraphs of document number 7 8 9 4 4 7 recorded at the Wright County Recorder's office except the following numbered paragraphs: • Paragraph 3.E. Agenda Page 37 City of Albertville Resolution No. 2014-039 Page 2 • Paragraphs 6.A. through 6.J, Paragraphs 6.L. though 6.0., and Paragraph 6.Q. • Paragraph 7. • Paragraph 10. • Paragraph 13. • Paragraph 14 B., D., E., F., H., I., J. • Paragraph 16. • Paragraphs 17-26. c. All of the numbered paragraphs of document number 824396 recorded at the Wright County Recorder's Office except the following numbered paragraphs: • Paragraphs 5.A.-5.H. • Paragraph 7. • Paragraph 9. • Paragraph 10. • Paragraphs I I.B., D., E., F., H., I., J. • Paragraphs 13, 14, 15, 16, 18, 19, 20, 21, 22 and 23 ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17th DAY OF NOVEMBER, 2014. ATTEST: Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 38 ) lk 789447 $50.00 Ck+ #3437 CD Ns DEVELOPER'SIPLANNED UNIT DEVELOPMENT AGREEMENTI CONDITIONAL USE AGREEMENT Albertville Crossing I DEVELOPMENT AGREEMENT is entered into this da cf ril, T�iO� 002 by and between Cascade II Land Co., LL , a Minnesota limited liability company refelTed to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Mm' nesota, hereinafter refeiTed to as "City" all of which are collectively referred to herein as "the Parfies"; WITNEETH: WHEREAS, Clemens Properties, a Limited Pal nershxp (a/a Clemens Properties, a Minnesota Limited P ailnership) ("Clemens") is the fee owner of the parcels of land described in Exhibit A, attached hereto and .incoi porated herein by reference, which parcel(s) of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Albei-tville Crossing". The real property described in Exhibit A shall hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, Developer is the purchaser of the Subject Property pursuant to that certain contract for deed (the "Contract for Deed") dated December 30, 1999, by and between Clemens, as seller, and Developer, as purchaser, which Contract for reed was recorded on January 8, 1999 as Document No. 03 ; and 1,a� -Aa q SNJ,� J e COMMERCIAL PARTNERS TITLE, LLC 30 SECOND AVENUE SOUTH SUIT 820 I WNNEAPOUS, MN 55401 Agenda Page 39 WHEREAS, the City has given prelimmary approval of Developer's Development Stage plan of Albertville Cross.1119 contingent -upon compliance with certain City requirements Mcluding, but not l ited to, natters set forth herein; and WHEREAS, the fu'st phase of the development consists of the construction of a rrr's grocery store anchored retail center consisting, initially, of approximately 82a 3 3 5 �� gr ry , feet and to be constructed on a portion of the Subject Property that 1s legally square � described as Tots 1 and 3. Block 1, Albertville Crossing, Wright County, Minnesota (collectively, the "First Phase Properties"); and theCityre uires that certain public improvements including, but not WHEREAS, � ' ous street curb and tier, grading, sanitary sewer, municipal. water, and limited to bituminous � � � sewer(hereafter "Munici al Im rovements") be installed to serve the ub ject storm� � and other properties affected � the development of Developer's land, to be Property a � � } danced by Developer; and WHEREAS, the City further re uir e s that certain on- and off -site improvements he . installed b the Developer within the Subject Property, which improvements consist of ins y boulevards top soil and sod, grading control per lot, beta n nous or concrete driveways, water ondin municipal water, sanitary sewers, storm sewers, drainage s ales, storrr� � �} � during project development, erosion control, acid other site -related ltexns; and street cleanup � � � � WHEREAS, this Agreement is entered Mto for the purpose of setting forth and ri lizm' for the ar6 es and subsequent uent owners, the understandings and agreements of n�enxo a � � d1 thepat-des concemm' the development of the Subject Property; NOW, THERE "o E, IT IS HEREBY AND HEREIN NTUTUAEICY in consideration of each ai 's and considerations herein set forth, as AGREED, � promises follows: 1, onstruction of Municipal Improvements. A, The Developer has petitioned the City to construct and install the Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Albertville Crossings, as prepared by SEH, Inc., dated Avit 157 2002 and on file with the City Clerk, said pro vements to . include installation of biturninous street, curb and gutter, water ma llisa sanitary and storm sewers. The City may contract with one or more contractors to install said Municipal hr�provernents mid storm rate' pond and specially assess the cost of said Municipal Improvements to Outlots A � y and C of Said Plat. Developer has agreed that Outlots A and C of Said Plat 2 789447 Agenda Page 40 may be assessed for 100% of the cost of said Municipal Improvements and storm water ponding (said costs estimated to be $387,815.00), and hereby wares the right to appeal $387,915.00 of such assessment to the Wright County District Covet pursuant to Minn. Stat. § 429.081. The City agrees that it shall not specially assess Lots 1, 2, or 3 0£ Said Plat for the cost of Municipal Ianprovements. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. B. The City shall at its option, have the City Engineer present on Said Flat for ins inspection pm -poses at atimes (orll tisuch tires as the City may deem F � necessary during the construction and installation of said Municipal Improvements. Developer agrees to ay for all costs incurred by the City � F F during said inspections. . Jn tallation of Traffic S1 rral* A. Developer elo acknowledges that the development of Said Flat will. necessitate the � tallation of a 4-way stop light(red, yellow and green) systein at the intersection of Wright htCountyHighway19 and 5 7"' Street. Developer agrees that the City shall install said traffic signal (assuming the City orders the installation after F uhlic healin and Developer* shall Fay the City one half of the cost proper of the installation of said traffic signal, said cost to include all applicable construction,engineering,legal, fiscal. and administrative costs incurred by the City. Developer and i agree that the one-half of the east referred to in this h shall be the entire amount Developer shall be required to Fay for said paragraph � traffic signal on accowit of all lands located east of Wiight County Highway 19, r � cludm'gproperties located north of Said Plat. The Developer shall provide the F Citywith a cash escrow or letter of credit for one-half of the amount of the estimatedstoplight. cost of the sto li ht. Said cash escrow or letter of credit shall remain iii force until the special assessments are paid} or unless partially released pursuant to paragraph 2.B. below. B . The Developer and City agree that 0% of the cost of said stoplight shall he specially assessed against Lots 1, and 3 of Sand Flat, provided however, that if F y pays � Developer ay s said 30% of the cost of said stoplight within�.3 o days of billing by the City, the City will not assess any of the cost of said stoplight to Lots 1, 2 and 3 of Said Platbut may assess the remain' m' g 0% of sand cost to utlots A and y of Said Flat and to other property owned by Developer located north of 57 "' Street. 3 Agenda Page 41 C. The City shall not special assess Developer's lands east of Wright County Highway 19 in an amount greater Than one-half of the cost of said traffic signal. 3. Construction of n- and Off -Site Improvements* A. Developer shall construct all on- and off -site improvements including installation of boulevards, yard top soil, sod and seed in all lots, grading control per lot, bituminous or concrete driveways, storm water pon m ,, municiIP al water, sanitary severs, storm sewers, drainage Swale s, private streets,, b ermin , and like items as necessary, street cleanup dig project development, and erosion control, all as required by City ordinance including those items shown on the Utility Plan attached hereto as Exhibit B) and the Grading Plan attached hereto as Exhibit Q. All such improvements shall be const -acted according to die plans and specifications dated Februai y 6, 2002 and 1\4afch 1, 2002 as prepared by John Oliver & Associates, Inc., and according to the standards adopted by the City, along with all items required by the i mn En eer and/or City Planner. Unless the City Engineer specifies a latex- date, said h-npTovements shall be installed no later than October 31, with the exception of erosion eontt.'o1, which shall be installed inunediatei upon initial grading of Said Plat, and with the exception of the final layer of bituminous pavement on the paring lot, which may be placed no later than June 3Q, 2003. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Elechfical power supply, to be prodded by Kcel Energy or other such Carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such eaifie r,; Telephone set -vice, to be provided by Sprint/United Telephone Company or oilier such carrier; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as requited by the pity Engineer and In canfounance with the Mamial on Unifonn Traffic Control Devices. Agenda Page 42 C. Developer shall install silt fencing in back of all curbing witliin 3 0 days after said curbin is installed, or 7 days after the "small utilitie s� � (gas, phone, electrical and g � y cable television) have been installed, wMchever occurs sooner. Developer shall be allowed to substitute hay bales for a -foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass fi*om the street to each o construction vehicles shall ass from the street to the lots except tlu-ough lot. � such designated -foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. D, Notwithstanding the re uif�ements of subparagraph 3 A above, the Developer or its successor shall install to the ity's satisfaction improvements for each respective lot or parcel prior to the date that a certificate of occupancy (temporary or ermanent is issued b the City for a building located on such lot, unless the � � y certificate of occupancy is issued after- October 1st and before March 3 0th m' any y } given y} iear, in which case a certificate of occupancy shall he issued only if"the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 15 0% of the estimated cost of said improvements for such lot pursuant to City ordinance. E. The stot-m water reieniionlwater quality pond and basin to be situated on Outlot B of Said Plat shall be maintained by the Developer. Developer shall establish shared drainage easements for all lots which shall &•au7 into the common pond to be situated on Outlat B of Said Plat. Said easements must meet the approval of the City Attorney and shall be recorded on the property records of the affected lots. Developer shall provide the City with perpetual drainage easements over such common pond and the City shall have the light, although not the obligation, to maintain such common fond if the Developer fails to do so. In such event, Developer authorizes the City to specially assess any or all numbered lots on Said Plat for all casts incwred by the City in maintaining said ponds, and Developer waives the right to appeal such assessment to the Wright County District Court pursuant to Minn. Stat. § 429.081. F. All said Improvements shall be installed at Developer's expense. if the City determines that it is necessary to have the City Engineer or other inspector on site for any portion of the installation of said Improvements, Developer shall reimburse the City for all inspection costs mculz ed by the ' G. Upon sale of a lot 1n Said plat to a third party, Cascade II Land Co., LLC's obligation to Perform the re uif-. ements of paragraphs 3. , 3.C. and 3 . D. with g respect to such sold lot shall cease, but the new owner of such lot shall remain bound by the obligations of said paragraphs. 5 Agenda Page 43 N otwithstandin the provisions ofSection 17 hereof, Developer may assign all or i i* � y an portion of its rights and obligations hereunder with respect to the F{st Phase Properties to KTJ Limited partnership Seventy -Four, a Minnesota limited partnership. I. 4. Surgy Reguirementso A. Developer will provide the City with an irrevocable letter of credit or other surety as approved by the 1 u 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 $522,815.00 representing the sure of 100% of the estimated cost of the Municipal Improvements $ 87, 815 . oo)a Developer's share of the installation of the traffic signal affiibutable to this plat ($112,500.00)acid 25% of the estimated cost for landscaping/screening materials 00.00. Developer may provide a separate letter- of credit for the landscaping "Landscaping L/" in the amount listed in this paragraph 4.A.,with said Landscaping L/C to be provided pn. or to the issuance of a final occupancy exert for aay building on Lot 1, , or.' of Said p p Plat. 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 Develo er inclu.ding but not limited to on- and off' -site pp im improvements, erosion control, and other such measures), to pay liens on p . e to be dedicated to the City, to reimburse itself for costs incu1--ed mn property the drafting, e ecution, administration or enforcement of this Agreement, or to otherwise fulfill the obligations of Developer under this agreemexit. C. In the event that any cash, il-evocable 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 requh*ed herein, the Developer agrees that -apon being billed by the City, Developer will pay within thirty 3 0 days of the mailingof said billing, the said deficient amount. Yf there should be a.n , overage in the amount of utilized sectuity, the City will, upon 1-n akrng said detertnillation, 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. Develop g Developer hereby agrees to allow the City to specially assess Developer's pro for and all casts incurred by the City M enforcing any of the Pe� y an terms of this agreement should Developer's letter of credit or surety prove 6 Agenda Page 44 insufficient or should Developer fail to maintaii said letter of credit or surety in the amount required above within3 0 days of mailing of waitten request b the City. Should the City assess Developer's property for said costs, Developer aees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.08 19 to the extent of the costs identified ijrl this agreement. E. That portion of said cash, -a' Tevocable letter{ of credit or other surety with respect to the perfoiTnance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactoilly completed pursuant to this Agreement; provided, however, except for the 5% retention provision on of Section 53 ii hereof, the Landsea in L/ shall be released upon certification of the City Engineer and p . approval of the City Council that Developer has satisfactoffly completed the installation of all l ands cap ing and screening materials that Developer i s obligated to consti-uct or install upon the First phase Properties. F. In the evert a sure refer{ed to herein is m the form of an i�Tevo c able letter of credit, which by its terns may become null and void pfior to the time at which 0 monetary or other obligations of the Developer are paid o1- 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 i 's discretion, upon the eph•ing letter of credit to avoid the loss of surety for the continued obligation. The forra of any irrevocable letter of credit or other surety crust be approved by the City Attorney prior to its issuance. 5. retyRelease. A. Periodically, as payments are made by the Developer on the special p y assessments related to the cost of the Municipal Improvements, and/or as Landscaping Improvements are installed, and when it is reasonably prudent, p p m the may Developer request of the City that the surety be proportionately p y re � reduced for that portion of the special assessments which have been paid or the Landscaping Improvements which have been fully completed. All such decisions shall be at the discretion of the City Council. The C ity s cost for processing reduction request(s) shall be milled to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. 7 Agenda Page 45 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 onion of the special assessments related to the Municipal lmprovements are paid or when the Landscaping 0 hnp rovenen.ts have been installed, the letter of credit or surety, or, in the case of landscaping improvements, the Landscaping L/ may be reduced by the dollar amount a.ttt ibutable to that portion of improvements so installed or special assessment so paid., except that the City shall retain a portion of the Landscapmng L/C that is -' the amount of % of the estimated landscaping costs for two years from the time of the instaha.tion of said landscaping materials. s to all requests brought under this paragraph B, 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. 6. Use of Property. Developer's use of Said Plat shall be consistent with the following restrictions, which shall be effective until further modified or amended by rezoning oi- other amendment of the planned unit development/conditional use permit by die City Council: A. Except as otherwise set forth in this Agreement, the provisions of the City' s B - zoning district as amended fi-orn time to time) shall apply to Lots 2 and 3, Block 1 and Outl of B of Said plat. The provisions of the City" s B--3 zolim' g dx stl ict (as amended from tirne to time) shall apply to Lot 1, Block 1 of Said Plat. B. Developer shall construct one building on hot 1, Bloch 1 of Said Flat in substantially the sane size, shape, location and of substantially the same materials as shown on the attached Exhibit F, and Developer shall construct all gr in and other improvements shown on said Exhibit F. Developer shall p p . utilize said building as a grocely store, and may utilize portions of the building for off -sale liquor sales (pursuant to a valid off -sale liquor license, which Developer must obtain), video store and convenience store, provided said liquor, video and convenience rases do not exceed 3 5 % of the building square footage. 8 Agenda Page 46 Developer may,at its discretion, expand the said building consistent with the proposed expansion plans shown on the attached Exhibit F, provided said expansion is utilized for groceiy uses. C. Developer way also utilize a portion of said building on Lot 1, Block i of Said Plat for gasoline saps pursuant to the conditional use granted heren' , provided Developer configures its gasoline sales equipment in substantially the sane location, size and shape as shown on the attached Exhibit F. D. No asoline or other vehicle fuel sales shall be allowed on outlats A or C, regardless of whether such lots are replatted into numbered lots and blocks in the future. E. Developer may construct a building on Lot 2, Block 1, of Said flat in substantial) the sane size, shape, and location and of substa�itially the s -ne materials as shown on the attached Exhibit F, and Developer shall construct all parking and other improvements shown on said Exhibit F F. The Developer may erect signage and. monw-nents (ground signs) consistent with those shown on the attached Exhibit D and in the locations as shown on the attached Exhibit F. Gas pump canopy signs shall not be xllul-uinated. No signage shall be permitted on the cast wall or south walls of the buildings. G. Upon the replatting of outlots and into numbered lots and blocks, signage on � P g . such future lots and blocks shall be lirnited to monument (ground) signage and signage on such buildings as may be constructed, all such signage to be consistent with the then -existing i ordinances. Said futtu�e numbered lots and c g blocks shall not be permitted to erect elevated signage on a pylon or other* type of free, standin sign. Notwithstanding this a,u-a.graph . ., the pylon sign pert itte d g � under 1. of agreement may be erected on Outlot , but may only paragraph be utill ed to further the business pursuits of those businesses which occupy Lots 11) 2 and/or 3 of Said Plat. H. Lighting on Said Plat shall be turned of` or reduced to the necessary inini��um g g when the businesses are closed. 1. Developer shall designate cros swabs to accommodate pedestrians gOM' g h{om the � g parking lots to the stores located on Said Plat. J. Developer shall establish an access, drainage and utility easement agreement providing for access to all lots on Said Plat {including Outlots} over the ptivicite roadways shown on Exhibit E and providing for the maintenance of utilities and 9 Agenda Page 47 ponding consistent with the Utility Plan and. Grading, Drahrage and Erosion Control Plan in areas described on Exhibits B and C, respectively. Said easement must meet the approval of the City Attorney and be recorded on the property records of Lots 1 2 and 3. Block l and Outlot B of Said Plat at the Wright County l ecorder"s office. K. Developer shall install landscaping in accordance with the plan attached hereto as E�dfibit G. All improvements requryed to be installed under this paragraph shall be installed at Developer's expense. Developer shall guarantee that all sucU landscaping shall survive for at least two year's, and Developer shall replace any landscaping which dies dwxng said two-year period. L. Prior to the issuance of a building pernnit for any buildings on Lot 3, Block 1 of Said Plat Developer shall submit a site plan, landscape plan, lighting plan, and signage plan acceptable to the City for each lot to he built upon, and, upon issuance of flee building permit, shah adhere to such approved site plwi, p . landscape plan, fighting htiplan and signage plan. All improvements required to be installed under this paragraph shall he installed at Developer's expense. M. In the event the Developer operates ates a restaurant on any lots in Said Plat, the p p . City may require Developer to install and operate odor control scrubbers with the restatuant uses. 11 have two accesses onto the roe from 57'11 Street and two N. Developer shall property � off of the frontage e road as shown on Exhibit F. All accesses shall he constructed according to the plans and specifications dated Februaiy 6, 2002and March 1., 2002as Join Oliver Associates, Inc., as shown on prepared , Exhibit F and according to the standards adopted by the City, along with all items required by the City Engineer and/or City Planner. o. Except for those trucks that are scheduled on a route that cannot reasonably be rescheduled to fit the time requirements of this paragraph, no loading or unloading of materials fi omn tee s or other commercial vehicles shall oe our Ors Lots 1 2 or 31, Bloch 1 of Said Plat fi-orn the hours of 1 t p.jn. to 6 a.m. on any day of the week. P. Developer may assign all or any portion of its rights and obligations hereunder related to all improvements to be e onsti`�cted on lots 1, and , Block 1 of Said plat to KTJ Limited P aitiershipSeventy-Four, a Minnesota limited partnership. Q. Without limiting the generality of the terns of this Agreement, this Agreement constitutes the full integration and restatement of all terms and obligations that 10 Agenda Page 48 are applicable to Said plat and that are set forth in that certain City of Albertville Developer's Agreement that was executed by the parties and dated November 2,, 1999 and that was recorded on November 9, 1999 as Document l uunber 694771 7a Maintenance of Streets Utilities and Pontlin . A. with the exception of Frontage Avenue (which. shall be dedicated as a public street), the interior drive aisles, curb, gutter, rnura_ cipal water, sanitary sewer, storm sewer, and ponds in Said flat which are not located within Frontage Avenue right of way shall remain private and the cost of maintenance of these items must be borne by the lots in Said flat in accordance with the terms of the Maintenance Agreement attached as Exhibit E to this Agreement. B . The City shall have the right to enter upon all easement areas at any time for - inspection and maintenance purposes. . Abandonment of Pro+ect - Costs and Expenses. In the evert Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorneys lees, professional review, di-a.fthig of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's vw-ious assertions shall be paid by said Developer within thhty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the proaecta 1n whole or in part, ceases substantial field work for more than Trine ) months, falls to provide sufficient ground -cover- to prevent continuing soil erosion from the Said flat, 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 taping 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 flat. In the event that said costs are not paid? the City may withch-aw funds fi`om the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 10. Developer to Ray iq'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, a.dmILM'stration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incwTed by the City in approving and inspecting said Improvements described above. Developer agrees to pay all such costs within I Agenda Page 49 o days of bil ixig by the City. Developer has the right to request time sleets or work records to verify said billing prior to payment. 11. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage mid Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit C, and as required by Cityordinance. Developer- shall also install all erosion control measures deemed necessaiy by the City Engineer should the erosion control plan prove inadequate in any respect, 12. Maintain Public Pro ert am ed or Cluttered Du ring., Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub -base, e, base, l� p p � . bituminous suiTace, curb, utility system including but not limited to aten-nain, sanitary sewer or stoi-rn sewer when said damage occurs as a result of the activity which takes p lace duringthe development of Said Plat. The Developer further agrees to pay all costs required to repair- the streets and/or utility systems dam aged or cluttered with debris when occuirmng as a direct or indirect result of the eonsh-uct .on that takes lace in Said plat. In the event the Developer fails to clean up, maintain or p . repair the damaged public property mentioned above, the City shall provide the p � p p p Developer with a Notice of its intent to clean up, repair, or maintain such public property. e Developer shall have ten(10)days fi om the date of mailing of such notice p to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council, provided, however-, that Developer shall immediately clean up or repair any public property damage deemed by the City Engineer to be an i xiinent safety hazard or an imminent cause of pollution or watery qual degradation. In the event that Developer fails to so clean up, repair- or maintain. said public property, the City may undertake inaking or causing it to be cleaned up,F repaired or ma.inta ed. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses ithnui thirty(30) days of its billingto the Developer. If the Developer fails to pay said bill within thnty(30) p days, funds sufficient to pay the bill may be specially assessed against the lots within Said Plat upon which the subject development activities are ongoing. 13, Tem o ra Easementi l� ts. Developer shall pro vide access to the Sub j ect Propertyat all reasoxiable times to the City or its representatives for purposes of inspection or to accomplish any necessa.iy work pursuant to this green ent. 14. Miscellaneous. Agenda Page 50 Developer aees that all const-u.ction items required under this Agreement are items for which Developer er is responsible for completing and all work shall he done at Developer's expense. B. If any portion, section subsection, sentence, clause, paragraph or phrase of this Contract is for any reason lief Mvalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining Portion of this Contract. C. building permits are issued r l or, to the completion and acceptance of public If h g � � improvementsthe Develo er assumes all liahilit aid e Bests 1~esultm� in p , P delays in completion of public improvements and damage to public � improvements caused by the Developer, its contractors, subcontractors, materialmen employees, agents, or third p wiles dwing construction of improvements on Said Plat. D. The action or inaction of the City shall not constitatc a waiver- or amendment to the provisions of this Contract. To be binding,, amendments on waivers shall be in wifting,signed by the parties and approved by written resolution of the City Council. The X 's failure to promptly take legal action to enforce tW s Contract shall not be a waivcr or release. E. This Conn -act shall run wit1i the land and shall be recorded against the title to the property. F. The Developer represents to the City that Said Plat complies MItij all City, . p p county., state and federal laws and regulations,, including but not limited to: subdivision ordinances zoning ordinances, and environmental regulations. If the City deterrnines that Said Plat does not comply? the City may, at its option, refuse to allow construction or development work i� the plat until the complies. so Developer lies. Upon the ity's demand, the Developer shall cease p p work untit there is compliance. Notwithstanding the foregoing', hi no event shall the Developer or its successors be required to cease work upon any portion of the First Phase Properties unless such a violation concerns a condition of, or activity or omission upon. the First phase Properties, or is related to die First Phase Propertics or is related to the use of the First Phase Properties. G. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Propelty, Developer shall provide the City with evidence of good and marketable title to all of 5uUject Property, Evidence of good and marketable rifle shall consist ova Title Insurance Policy or 13 Agenda Page 51 ommitrnen.t 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 and wetland related restrictions, if any, re sired by the City of Albertville and/or any applicable provisions of State and Federal law. I+ Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent watery body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. when fill is required to meet this elevation, the fill shall be allowed to stabilize and constt-uction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. .T. Ifrequired by the i Fire Chief, the owner of any lot Mid. Plat on which a. building is proposed to be constructed shall provide the City Fire Chief with a detailed analysis of the proposed building's compliance with the fire code then in force in the City, or, at the election of the City Fire Chief, said owner shall pay the reasonable cost of such an analysis if performed by or for the city. 15. Dedications to the City. A. 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 ceztification of completion by the City Engineer, shall make the Following dedications to tie City: l . Developer shall dedicate drainage and utility easements to the City over, under and across all drainage ponds located in Said Plat as the salve are identified on the attached Bxdiibit B. . Developer shall dedicate to the City all utility easements shown on Said plat. B. Developer acknowledges a -ad agrees that in order to satisfy the ity's park � g dedication requirements for Said Plat, Developer shall pay $5, o00 per acre for all lots developed as numbered lots. Said Plat consists of 1). 4 acres of 14 Agenda Page 52 numbered Lots. Therefore, Developer shall pay the City a cash payment totaling $66,700. At such time as Developer replats Outiots A and C into numbered lots, the Developer shall pay the City park dedication amounts due for such lots under the applicable ordinance in effect at the time of such replatting. 16.Indemnit . A. Developer er shall hold the City and its officers, employees and agents harmless from claims made by Developer and T1drd Parties for damages sustained or costs incwTed resulting fi om Said Plat approval and development. The Developer shall i de the City and its officers, employees and agents for all costs,, damages or expenses which the City may Pay or incur in consequence of such claims, includM atto�-ney's fees. Third Pat -ties shall have no recomse against the City under this contract. B. Upon sale of a let in Said Plat to a third party, Cascade 11 Land Co., LL 's obligation to indemnify under- paragraph 16.A. above with respect to such sold lot shall cease to accrue,, except that as to any events, acts or occurrences on the subject let that occuiTed prior to said sale of such lot, Cascade 11 Lard Co., LLC shall remain obligated to M' demnxfy the City. Upon sale of ` a lot to such third party,the third party shall he hound by the Mndemnificatlon obligations of said 16.A. as to an events, acts or occurrences on the subject lot that paragraph y occurred after said sale of such lot. 17. Assignment of Contract. The obligations of the Developer under this Contract cannot he assigned without the express written consent of the City Council &-ough Council resolution, except as expressly Permitted elsewhere 1n this Agreement. 18. Aereenient Effect. This agreement shall he binding upon and extend to the representatives, ...heirs successor and assigns of the pates hereto. e� � � � 19. violation of Agreemente 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 thfi 30days mailed notice thereof(via certified nail), and if such default is not cubed within said this-ty o day period, the City is hereby granted the and right d the privilege to declare any deficiencies governed by this Agreement g due and payable to the City i�l fall. The thirty (30) day notice Pei -g- od shall be deemed to run fi-om the date of deposit in the United States Mail. Upon failure to cure by Developer, er, the City may thence inn-nediately and without 1 Agenda Page 53 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 i pursuant to this Agreement, plus all costs and attorney s t � , fees incurTed in enforcing this agreement, The City may also specially assess all said casts incurred upon default against the properties in Said Plat pursuant to the terms of this agreement, provided that the City shall not assess the First Phase Properties pursuant to this paragraph Mess said default concerns a condition of or activity or omission upon the First Phase properties, or is related to the First Phase Properties or is related to the use of the First Phase Properties. B. Notwithstanding the 3 o-day notice period provided for in paragraph 17(A) above in the event that a default by Developer will reasonably result in hTe arable harm to the enviriornment or to public property, or result in an immm' ent 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 IffeparabI c 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 prQj ected irreparable arable harm or safety hazard, and the intended actions of the City to remedy said Kann, , Breach of any of the tei ns of this Contract by the Developer shall be grounds for denial of building eits and/or occupancy permits until said breach is gPm provided, rovided, however, that building permits shall not be denied or � withheld pursuant to this Section 19-C with respect to improvements prso used to be constructed upon the First phase Properties unless said breach p p concerns a condition of, or activity or omission upon the First Phase Properties, or is related to the First Phase Properties or is related to the use of the First Phase Properties. 20. Phased D evel o m ent. If the plat is a phase of a multi -phased pfelirnhiary plat, the City se to approve final lots of ` subsequent uent phases if Developer is in breach of this may refu pp p � p Agreement. Development of subsequent phases nay not proceed. until Development Contracts for such phases are approved by the City. Approval of this phase of trie Development shall not be construed as approval of future phases nor shall approval of this hose bind the x to approve future Development phases. All future Development p pp . hoses shall b e ovemed by the ity's Comprehensive Plan orung ordinance, P g , Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. Agenda Page 54 1. Limited roval. Approval of this Agreement by theCity Council in no moray constitutes approval of any1hing other{ than that which is explicitly specified in this Agreement. . Professional Developer wpay sional Fees. The Develo illall reasonable professional fees incurred b the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorne 's fees en ineer } s fees plannerls fees, and any other professional fees incurred by the City in attempfing to enforce the teens of this Agreement. 3. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are mcorpor ted into this Agreement reference as they appear. Unless otherwise specified a � in this Agreement Developer er is bound by said plans and responsible for implementation of said plans as her emn incorporated. 4. Into ration Clause Modification b Written Agreement onl . This Agreement the full and complete understanding of the parties and neither, party is relying represents p , on an rior agreement or statements , .ether- oral or written. I odi f1 c atlon of this Agreement may occur only if in writing and seed by a duly authorized agent of both i parties. 25. Notification Information. Any notices to the pasties Herein shall be in wi-iting, delivered by hand to the City Clerk for the i or registered mail addressed as follows to the following patfies City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Cascade 11 LandCo.,, LL 555 3 �d Street N.W. Elk Diver, NIN 55330 Telephone-. 7 ) 441- 85 1 6. Aureement Effect. This Agreement shall be binding upon and extend to the representatives, heirs} successors and assigns of the parties hereto, THIS DEVELOPMENT AGREEMENT is executed and delivered as of the date first above imitten. 17 Agenda Page 55 CITY OF ALB RTVMLE, r� Sohn Olson P7 Its r -b Linda. &e Its City Administrator CASCADE II LAID CO., LL Y Its: �tl )g-7�- STATE of nffNrrEsoTA } )Ss'. COUNTY OF WRIGHT ) V regoing instrwnent was acknowledged before nee this 2 day of /Ir, 1 20025 by Join Olson as Mayor of the City of Albertville, a Minn sota municipal corporation, on behalf of the city and pursuant to the authority of the City council. Notary Public STATE OF NIlNNESOTA } )SS. COUNTY OF WRIGHT ) r NOTARY PUBLIC - " M 414 My Comm. Dji , Jan. 31, 2005 j Lan The fore�n in strment was acknowledged before me this 2 day of ; { , 20029 by Linda Goeb, as City Administrator of the CitY Ot Alb i lle, a Minnesota mur iclpal corporation, on behalf of the city and pursuant to the authority of the City Council, 1 789447 MICR ELL. COURT -61 4�� 7MY Comm. Exp. Lfan. '11 a 2006 Notary Public STATE OF NIlNNESOTA } )SS. COUNTY OF WRIGHT } • e�. before me this �'`' dayof 2002, by The foregoing instrument was acl�o led Marlon Glues as Chief Manager of Cascade II Land. Co., Minnesota limited liability company, on b alf of the limited liability company. sLL. HIENotate ublic TAR' PUBLIC - MJNNE�OTA MY COMMISSION EXPIRES JAN. 31, 200 DRATTED BY: Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East t. Michael, NET 55376 (763) 497-1930 WE Agenda Page 57 EXHIBIT A The legal des 1 * tion of the property which 1s the subject of this Developer's Agreement is p as follows Lots L 2 and 35 Block 1 Outlots A, B and C Albertville Crossing, according to the plat of record on file in the Wright County Recorder's Office, Wright Comity, Minnesota. 0�� 789447 Agenda Page 58 1 LABEAUX AVE. IVY' ---- EXHIBIT — ni .]l ALBERTVILLE CROSSING L 1 r A��ETY��E FOR OPPIDAN MESTMENT COMPANY' PRELIMINARY UTILITY PLAN 7 John 011vor & Asso f�t$�, fl+f"i, e;ufl PrWHammly. toed svrv.ytrw. LQ16d PJ011164 o 600 Dolor �Ivenue tik !{{u�r, ti �(ds 44f-2 aaPa i he by certify thol tins plan, 9p j�4P� at report wd9 prtpored by rn C{er rn� Jlrect supsrkasivn and i 9 q 0 loaned Praftasland Engina� r leas of lln sids ICI" � Dille, X Rag Na, UATE 1 15/f]3 IDESIGN IDT, WL DRAWN DY: 1U r}�c CHECa{eD BY:��n1� 3ns,n� _ REV F3D ph7E DE-SCAlf 10m 7}6}[}g flf 1r1�E17 I �SJT JffSaet its k'rk R{vrr 0�irnatih2lr � �rr�d,dl,� F�Yt, dflnnirn:� rI E hip.: 7701 34 Q}, _ 0 yFfl Ry s m } % 1'0 X w 'L•iY rr • TA ' Si fq� C in EXHIBIT m S 41 r i 1 C Q E � V, m �v M Fq -� 1 f r}, q r' v'D'DQ��g � -4 o o % } ov 4 4 V Q n Y m In � fl k V] r 0 z In x _ Q 11 AL13ERTVILLE CROSSING �I ��iT ��I_�, ��' OPPIQAN WESTMENT GOV-PANY PRELIMINARY GRADING PLAN John Oliver ail AssoclAtesr Inc. G4u1[ AWL,wn*W, Lund Swru%jfgV, ,Coll.: PLbih%n¢ Dadpr �vvreus p�k !`I +�1 uan�a[Y2a 33 3❑ 7d f-LM- F �� --SC�S e 8 drop*iyiH Ctr+isri Yv�a►s�oC�ic�7�od I ht y corUly thal thia plan, cno. or F'd qpy pQr� wos prepdYod �?} rn :er my dlrprt supsrvcsion 4nd u � fl L14r-nnied �rofenpionnl Engwgpr r lows of the %3a o of Minnc- v �} 0 { GATE 1/15/07 _ 0E51GN BY 7GL--- DRAWN T�L CAECKED BY _ 7N awn 770]-3DGRAD TEXT h+14NE FILE -40 7701 30-03 REV rla DATE CIESCRIPMN T�'PI Date X Rog No Cap AL6ERTALE 6IGNAGE 51GW*E Metal Cokam W ap pzck F" 51 f:'YLON 6tGN f 51TH &Tr NEm WAU; E XEXHIBIT D� Voffgr=fKnutsm Axuhftacts Ud. MOW E- NT 61(iN mmordr �CXE: IV z f-r TITLE. SIGNAGE FOR ALBE-RTVUE CMSWGS Shoot No. Dade: 02/12/OC . . . . ......... - - --------- - -------- ---kii! m e cvw I �Nk e IN **0 -pop 10.1. m Ewbr t WL 1 0 Croix Oil OVERALL SEZE!!! 8eA37* X 125,825F f EmuCOSED MML Ualt4G (D) M I D COMPONENTS .......... . . ........... ... ........ . . 164ok) I I . ..... ......... ............... EXHIBIT r. i q/0r.L i1 rf CUSTOMER APPROVAL DAT E m z., j z ........... . ........... (14mums OUJOR . ............ ... .... ....... . Lp" EXHIBIT E [Omitted] Agenda Page 63 y ' I I 19 LA BEA UX 4 TEE. NE ----r_ r.. Nwwoet i FRO Y TA C.r' R A VENUE Y r1 E J I �N �# 4 r Lwf 4# M A R t;fi I - Ir ■ y G Q � RAJ n-T 7 m-1 T T-m 7 r� C� _ _ fIT - + t — — — _ rk A+fii " T u i. Rr f i + y r # 8 N r 11 A, E o H I B T F, I h� Uy �erlily WA this pion, a AL DERTV1LE CROSSING Jc)h ] Oliver & Associat$5, Inc. apt on. or report waft' prepared + BL� T 14� � fvlN L%L4l AL9111 a..tnr, luny s�v.trcr�p. s.,,r �'1■aFniFl{ LI IT der +hy direcl JL[pt 4Ia14r1 ° C p ifr} par1�� aurawr c r`d ! a 4 o Lac a nerd Prb �*aelonal FOR i'fk Allay m(rl aor0. ��J� f11+]Ifi mr r IDwa 4r U10 Slate OPPIDAN INVESTMENT COMPAKY Ica--��r-��x �� P PRELIMINARY SITE Of/Wrr ill.. flk J4ivRr. ��F71svti2tr � � DIMENSION PLAN .9r01)LxvF4 Fmrk, Mit►"a m"I'L SE�ned; _ Doit X flog No. DATE DESIGN 6Y j�R aRhSYfa Dr; T�;L c"revzo By. Y� AWc 7 of —30sIT TEXT FILE M 7 — j 1 19) M ?FoVgr.LrulKnuL%n ArchItceb LA I 175'-0" VON ■ OEM ■ Ml MM R 19 MR&IFEVA IffigRR M i Irk W-Cliffif mmmm mamma ■ ■11llllilJC ■ mill ---- - Ano%�ffljg% Pacum Arm 5lou:q lltlQ, juiul rev -drown i 11A ULN Jdam, %CIMA—uMU I pqxyd bg mc o wido -niy big cc��'5 WolfgramlYintLann ArchAccLs Ltd. M-Mil- IWIZ/fA LIZI I M toiLqcnlsAQo. wid LliQL I un -o duly Lkenud CP Ro 11 R NAN kcwlxl 141M 10-i WAP pf Llq SlOr PF WunrAILL > l4ro ALAur� A -A blul M NiLdrglun &x AWERTAU� GR0551W-iS 2 1 �% :111 cNnlT6 rill SiX AL5FRTVILLE, MH AnId- 12— Pro p1 1kI I 14A 1 too P, I 41dilmillow p I I ims a W*w aq *-@ads re all I I I 1311111111121111 bb ii J, RID S !Sltw 14 a Im 411 Is 16 .91� A q I- WAF WIMS N WO ML 1 40 .Vol MR ■ IL PdObt 9110114 oll. I..". ii a eon m of ■.4 '16-1 41 to Ir MINIM -qmmdqpq-1� MW I Soto, 'plllllllllllllp, & a MINIM qb Noah go- CL Up Agenda Page 67 r-X d, F-Yb a 11 p I � Fi IMM m r— m vf 71 All i I 1 '41 Iff fiw 74 1, w ce �w my L. Page 63 M.� w -F DVI Tj DZ -upwkwom 61ml 1 Imn a AJI ticalmd IfulfgramlKnubon Architects Ud, EXT. REVpkTJCMS AA5E3EERF-TVVLEE GR0SM ova; ONNO LIL55 AD 9JK L3TILLHN M .L m r— m if i ,Ti ;Ti i zq t g OlTi� k�� f �%ry g 'r�� i V m r— m Llmul WIL, lute rLtV druwri i Nm&; crllIr I� �I U 4 �1w n mpL prgm erne a � ul C� WollgrdmjXnuLson ArchiLecLs Ltd ".'r d'.'�12{0� LaR11 rilprr�m and ihnt I ur14 old -, 1 ended 7UdJlol plM [ht Gam# er N 51eh or WhFmfu. + a EMT. ELEVATIONS Sim Armlwy luk aSJq U w&{� r+A ALBERTVILLE CROMW46 ,� i�..F m1nrri rhcck, T ff T r�LI�I��i RIVILLF, NKh�•�-i+ + II f �' $07J ArCIL11CCtr Ltd, P e 71 T 6110EII iltle dole revs Jrawi1, r Iiwily to -RV 1hi1 kI4 On WVjlkclw% pr , ?I' >ar1 AWL ■G>I Spm Cd Ly me or Im" rn dreel 0LV12/ai LI I -I ,VP�m4 IMLIan..�rkYfU��r�m�i{T1uLS T1 hr hlLecLs LLd. FLOOR PLAN FrrfJlrrl �ndK 4 Fnl d +. SIOL r ihvkwli u�R ru�r� rUr �dy a �rrAA }'y�+ r� f{+� camel CIlC , A RPP IV II I I' I' IIY r U L i L.i %J .6. rn u ,f N Ch N u U* L� }} @ + s -d } � S en d r {�5 4 f ii N Y 2 �n I ------------- --------._,_._........ _. I FROMACE A VENUE I I I -4 „ - I I Ll 14 n7r�n77T-MT11- � I WWI Ln C m ❑ tA 1 4 L}TJ i' z 0 ry�ry R J Cn �+ GI 4. a T n v 3 �a w U �� vEll i1 V7 a S 17 C C1 L�J it Y, 0. �7 e° n° c°n tr ` 2� i3 = 0' R' rr 0 u' a o C I C+ C, G 4 7 A b a m rF b C5 rdr t} :^ La 0 Ste} b C F7 T n O 0, � r C {1 3, rr Ci N 3 C } u :2 � b r1 } V ^ b VF 8 8 G P C �' 3 � � ia1 O' (A I d p} 0" , Lp �i } 't '� m 4 d 4 � -,; 0. 5 ❑ � � � •�+ CF '� 0.rye � LQ S 43 8 n c U � 8 Q N 3 P rCrrST� V G 6 0 4 d�Q pS 0ni1 q tr S A •n~{ On a COL r a+ 3 Lu d rr u G it �4 c = 8o o ur q ua 11 a i r6 x " Q —I g Lf} o 0 g 3 m N �■ q id ru 4 `t [p R rs ro o La �° O rR ,� 0 ilk d - q n O C 4 ip U3 a 3 0ML 5 a Cl s � � A a E �� i7 � ,�� a a •* R Q. _3 ♦A � 06 Tc., Q� u u_ ld o ❑ O 4 d. 7 0 r {µi W• 0 P 7 tg 3 �. cl r R u, ALBERT VI LLE CROSSING A9LCRi1JILLE, SIN o ❑FPIDAN INVESTMENT COMPANY LANDSCAPE PLAN I h; sy cerllry thaL 11ils plan, John Ofiver & Atssoclates, Inc. p un. yr repvrl wai prepared Cj�jl lnpliba"k , a.nr sr�n.Yl.q, twai.c rLuu,n��yt by mr der myyrr drrrel super om4cn 520 Bodgr .{urnitr QRd l lfl '� a Lleenisd �rufc:l!l 0Jul NJ& 1{u■r, m(IN■■ota Sj2d Etiglctwi W IhuStata M-44i-l07a tLY 78d-441-fffS nralo� U,jlnr+ �� 1+'Ix Avmd age 72 �r*t11y v Purh, aalr: x Rsq. No RSTI l�- �. 1li3ID2 RESIGN 13'r 'QLC DRAWN BY f]1 C �kECIiEI} VY. G1cFOR aw,;, � �- N FiLK 14 NONE Fly Nfl, 7701,30-03— REV rid OAT R�SCf�IPZIbN CONSENT AND JO ER OF FEE O NIER THE UNDERSIGNED15 fee owner of the `Subject Proper" as defined in the foregoing Development y Agreement hereby consents to the terms of the DEVELOPER! \PLAINER UNIT DE ELOPM:ENT AGREEMENIRCONDITIONAL USE AGREEMIENT for Albertville, Crossing and agrees that the covenants, easements and restrictions set forth in said Development Agreement shall be binding upon the undersigned and all future Owners of the Subject Property* The undersigned hereby confirms that it is a d partnership, that its correct legal name is as set forth below, and that the "'Contract for Minnesota limited p p� � Deed" (as defined in the foregoing Development Agreement) incorrectly identifies the undersigned as a � "Clemens Minnesota limited liability company and incorrectly identifies the undersigned's naive as: I1�rnn P Properties, a Minnesota Limited partnership." The undersigned hereby further confirms that it shall d deliver in recordable form, such confwmi�ng documentation as any party to the Development execute an � - . Agreement may reasonably request in order to give full effect to this Consent. THIS CONSENT AND JOINDER OF FEE OWNER is executed and delivered as of the day of April, Zoo, CLEMEENS PROPERTEM a Limited Partnership, a I fimeseta limited partnership By. X- Its: STATE OF NIlNNESOTA ) ss. COUNTY OF f.�1�+�f� ) oin commitment was acknowledged Before me this � of April, 2002, by The foregoing -, r the � i of Clemens Properties, a L ' ited Partnership, a Minnesota. limited partnership, on behalf of the limited partnership. Lam. p� { _NOTARY PUBLIC - MiNNESOTA Q My CoMM18 SION E PIPEs .BAN. 319 2005 This instrument was drafted by: Fabyanske, Westra & Hart, P.A. (GCE) 920 Second Avenue South, Suite 1100 Minneapolis, MN 55402 (612) 33 8-0115 ck44",- 0 Notary 11,ublic 789447 Agenda Page 73 Agenda Page 74 GFECAL. 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ICI l., .. . . ......... . . . . . .... . ...... ... .... ...... ... 0 "MAIE. rfry ,v,j YTET ist f k j 11.5jwW li, jl,rf7 Amyx. BLOrl OUTLOT A . ... ..... ...... .... .. fte powy.mos r.yl 01k; rp%ot, smuft.,? O"N. oil CINTLOT D, W V lol '*. milomoyloo Or�.W'Vr w"O. f 014M. vow". rim, wrlomw"t ::oull9d 0 Dw"jl1l4w6a fr(l' km* v 14; imeft "vkm +A:woluvwwA 21 p IMM wyMiiri I Aw AY, mu'lwal" 1K4 No" .'..I J vid Mxkf Fo4ff'o4ft '010 top, 00AM 11.14 .mlf'c z . ..... ..... x ........... ................ OVITLOT B MUM, c i 4o 0m: e.I&M ............ ... .. ........... .. ...... ,btm Ohw A AwodftW4 ft Agenda Page 76 824396 RETURN TO: LYEE CHRI S'TEN SEN 555 - 3RD ST NW ELK RIVER MN 55330 L", 21 OF P 3 $ 0.00 cash BG DEVELOPER' TLANI TED UNIT DEVELOPMENT A REE ENT\ CONDITIONAL USE AGREEMENT Albertville Crossing Second Addition TT11S DEVELOPMENT AGREEMENT is entered into this Y 5�1 day of 2;* 00 and between Cascade 11 Land Co., LL , a Minnesota limited liability company referred to herein as "Developer"; and the CITY OF AL ERTVI LLE, County of Wright, State o Nfinnesota hereinafter referred to as "City" all of which are collectively referred to herein as "the Parties"; WITNE ETH: WHEREAS, Developer is the fee owner of the parcels of land described in Exhibit A attached hereto and incorporated herehi by reference, which parcel(s) of land are prep used to be subdivided and platted for development, and which subdivision, which 's the subject of this Agreement, is intended to hear the name "Albertville Crossing Second Addition". The real roe described in Exhibit A. shall hereznaftc�r he referred to as the A property "Subject Property" or "Said Plat,; and. WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Albertville Crossing Second .Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS the City further requires that certain on- and off -site improvements he installed by the Developer within the Subject Property, which improvements consist of boulevards top soil and sod., grading control per lot, bituminous or concrete driveways, street cleanup during project development, erosion control, and other site -related items - and. 1 Agenda Page 77 VMEREA, this Agreement is entered into for the purpose of settingforth and memorializing for the past subsequent ies and owners, the understandings and agreements of the parties concerning the development of the Subject property; THEREFORE9 IT IS HEREBY AND HEREIN MUTUALLY ration of each a 's promises and considerations herein set forth, as �EI�� n consideration p � follows 1. Construction of Municipal al Improvements. The Developer and City have previously agreed in the DEVELOPER'S\PLANNED UNIT DEVELOPMENT AGREEMENT\CONDITIONAL USE AGREEMENT EEMEI T for Albertville Crossing (recorded as docume nt number 789447 in the Wright County recorder's Office) that the City would install bituminous street curb and Ater, water mains, sanitary and. F sto11�.1 sewerswithin the dedicated right of a. of LaCentre Avenue and assess 100% of the cast of said improvements to Outlots A and C of Albertville Crossing, and that gives it right to appeal said assessment to the Wright County District the Developer � pp curt pursuant to Minn. tat 429.081. utlots A and are being rep latted into the lets and blocks of Crossings rossin s Second Addition. This agreement shall not alter or amend the ty i 's right to assess Said Outlots A and (whether they are described as but lots A and C or as the lots and blocs of Albertville Crossh-igs shall it alter Developer's Second Addition), waiver of its appeal rights under, nor Minn. Stat. § 429.081. . Construction of Onand Off -Site Improvements* A. Developer shall construct all on- and off -site improvements including instal lation of boulevards, p and t soil, sod and seed in all lots, gradnlg cper er lot bituminous or concrete driveways, berrning, and lire 'Items as project necessary, street cleanupduring ' ect development, and erosion control, all as required by City ordinance. er shall its expense, cause the following items to be ins B. Develop � at own p installed within the development, all such items to be Installed under ground, within p the street right of or such other location as may be approved by the City way n Eng ineer accessible to all lets and in compliance with all applicable state and local regulations; Electrical over supply, to be provided by cel Energy or other such 1, p carver; z SZ439G Agenda Page 78 ii. Natural gas supply, to be provided by Rcliant Energy or other such carrier; Telephone service, to be provided by Sprint/United Telcphone Company or other such carrier; In. addition the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices, C. Developer er shall install silt fencesg in back of all curbing within 30 days ailer said curbing is installed, or 7 days after the '{small. utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a -foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated -foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. D. Notwithstanding the requirements of subparagraph A above, the Developer or its successor shall install to the City's satisfaction irnprovenients for each respective lot or parcel prior to the date that a. certificate of occupancy (temporary orpermanent) is issued by the City for a. building located on such lot., unless the certificate of occupancy is issued after October I st and before March 3 Oth in any even year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 15 0% of the estimated cost of said improvements for such lot pursuant to City Ordinance. E. All said hnp rovements shall be installed at Developer's expense. If the City detenuines that it is necessary to have the City Engineer or other inspector on site for any portion of the installation of said Improvements, Developer shall reimburse the City for all inspection costs incurred by the City. F. Upon sale of a lot in. Said Plat to a third party, Cascade II Land Co., DEC's p on obli atito e�rfonn the requirements of paragraphs .A, . , and .D. with g respect to such sold lot shall cease, but the new owner of such lot shall remain bound by the obligations of said paragraphs, 3. Sure Re urrernents. Agenda Page 79 Aer . Develop will provide the City with an nTevocab le letter of credit (or other approved the i Attorney)as security that the obligations of the surety pp ' Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of 10, 000.00. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. i may draw on said letter of credit or surety to complete work not B. The � performed by Developer (including but not limited to on- and off -site improvements, erosion control, and other such measures), to pay liens on property r ro to be dedicated to the City, to reimburse 'Itself for costs incurred in the &afting, execution, administration or enforcement of this Agreement, or to otherwise fulfill the obligations of Developer undo' this agreement. C. In the event that any cash irrevocable letter of credit, or other surety referred to herein is ever utilized and found to he deficient in ainount to PaY or reimburse the i in total as required herein, the Developer agrees that upon r�1in � billed b the i Developer will pay within thirty (30) days of the being b � p mailing of said billing, the said deficient amount. If there should be an i�i1a� �� overage 'n the wnount of utilized security, the City will, upon making said � ation refund to the Developer an monies which the City has in its d�t�ri�n � l� possession which are in excess of the actual costs of the project as paid by the city. D.L Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the tenus 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 o days of mailing of written request by � the City . Should the City assess Developer's property for said costs, Developer a not to contest or appeal such assessment and waives all agrees pp statutory rights of appeal under Minnesota Statutes, including Miilnesota Statute 429.08 It to the e tcnt of the costs identified in this agreement. E. That portion of said cash irrevocable letter of credit or other surety with performance respect to the erformance of Site Improvements shall be released upon 1� . . cation of the City Engineer and approval of the City Council that all certification � � pp such items are satisfactorily completed pursuant to this Agreement. F. In e ev ena sure referred to herein is in the form of an xrr vo�ahl� letter of credit which by its terms may become null and void prior to the time at which all monetaryor other obligations of the Developer are paid or satisfied, it gar p is agreed that: the Developer shall provide the City with a new letter of 4 Agenda Page 80 credit or other surety, acceptable to the City, at least forty-fivc (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 theCity's discretion, upon the e p i�ng 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. 4. Surety Release., A. Periodically, and when it is reasonably prudent, the bevel op er may re que st of the City that the surety be reduced. All such decisions shall be at the discretion of the City Council. TheCity'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 nailing of the billing. . Use of Property, Developer's use of Said Plat shall be consistent with the following restrictions, which shall be effective until further modified or wnended by rezoning or other wnendinent of the planned unit development/conditional use permit by the City Council: A. Except as otherwise set forth in this greement, the provisions of the City's B-3 zoning district as amended from time to tilde) shall apply to Lot 1, Block 1. The provisions of the City's B zoning district as amended from time to time shall apply to Lot 3, Block 1 of Said Plat. B. Lot 2. Block 1 is currently zoned a combination of B-2 and B- . Unless otherwise rezoned, Developer" s use of the lot shall be limited to those uses allowed in the City's B-2 zoning district as amended from time to time b C. The provisions of the City's B-2 zoning district as amended from time to time shall apply to Lot 1, Block 2 of Said Plat. D. No gasoline or other vehicle fuel sales shall be allowed on any of the lots in Said Plat. E. Signage on Said Plat shall be li ited to monument (ground) signage and signage on such buildings as may be constructed, all such signage to be consistent with City ordinances. Elevated signage on a pylon or other type of free-standing sign shall not be pern-itted on Said Plat, except as previously approved under the 5 Agenda Page 81 DEVELOPER! STLANNED UNIT DEVELOPMENT NT AGREEMENT\CONDITIONAL USE AGREEMENT for Albertville ross1ng as recorded � documen t number 7 447 in the Wright County Recorder's office. Trhe pylon sign pe rmitted in said document number 789447 may only be uti • * ess pursuits of those businesses which occupy Lots 1, �lx��d. to ��r the bus�n and/or 3 of the Alberwille Crossings Plat. ■ F. Lighting on said Plat shall be turned off or reduced to the necessary minimum when the businesses are closed. G. Prior to the issuance of �. • buildingpermit for any buildings on any of the lots of ubiT it its lam landscape plan, lighting Plan, and Said Plat, Developer shall s a site signage plan acceptable to the i for each lot to be built upon, and, upon � � issuance of the permit, e building ermi shall adhere to such approved site plan, • and sx a plan. All improvements required to be landscape plan, lighting plan � p d under thisparagraph shall be installed at Developer's expense. installed a. restaurant on any lots in said Plat, the H. In the event the Developer operates to install and. operate odor control scrubbers with City may require DeveloperP the restaurant uses. . Abandonment of Pro #ect - Costs and E eases. In the event Developer should abandon the proposed P � development ment of the Subject Property, the City" s costs and to attorn 's fees, professional review, drafting of this Agreement, �p �ns�s related y f the feasibility report, plans and specifications, and any other expenses preparation � p undertaken . reliance upon Developer's various assertions shall be paid by said Developerwithin thirty (30)da s after recei t of a bill far such costs from the City. y p In addition, � 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 prevent continuing sufficient ground -cover to P g sail erosion from the Said Plat, or fails abandoned property in a. condition which can be mowed using to leave the p p conventional lam � �u n mowing i ent, ]developer agrees to pay all costs the City l�nm may incur xn tang 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 ent 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 ' withdraw funds from the above -mentioned surety for the purpose paid, the arty 1�ay of pay � in the costs referred to in this paragraph.. 7. Developer to Pa 's Costs and Expenses. It is understood and agreed. that the " se the City for all reasonable adluinistrative, legal, planning, Developerwillr��1-nbur . d other professional costs incurred in the creation, administration, �ngin��ring an 6 Agenda Page 82 enforcement or execution of this Agreement and the Oproval of Said Plat, as well as all reasonable engineering expenses incurred by the City in approving and 'inspecting said Inp rovernents described above. Developer agrees to pay all such costs within d days of billing by the City. Developer has the right to request time sheets or work records to verify said billing prior to payment. . Erosion and Siltation Control. Developer shall also install all erosion control measures deemed necessary by the City Engineer during the development of Said Plat. C. Maintain Public Pry Damaged or Cluttered Duxin ontructiont Developer n agrees to assume full financial responsibility for any dwnage which may occur to public property 'Including but not limited to streets, street sub -base, base, bituminous surface, curb, utility system including but not fimitcd to watermain, sanitaiy sewer or storm sever when said damage occurs as a result of the activity which takes place during the development of Said plat. The Developer further a ees to a all costs required to repair the streets and/or utility systems damaged or pay � � cluttered with debris when occurring as a direct or indirect result of the construction that takes lace in Said Plat* In the event the Developer fails to clean up, maintain or � a , repair the damaged public property mentioned above, the City shall provide the p Developer with a Notice of its intent to clean up, repair, or maintain such public property. . Developer shall have ten (10) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council, provided, however, that Developer shall immediy ate) clean up or repair any public property damage deemed by the City Engineer to be an'Imminent safety hazard or an imminent cause of pollution or grater quality degradation. In the event that Developer fails to so clean up, repair or maintain said public property, the City may undertake making or causing it to be cleaned- up, repaired or maintained. when the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within third (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, funds sufficient to pay the bill may be specially assessed against the lots within Said flat upon which the subject development activities are ongoing. 10. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to a.ecompli sh any necessary work pursuant to this Agreement. 11; Miscellaneous. 7 Agenda Page 83 A. Developer agre es that all emstru.ction items required under this Agreement are items for which� � Developer er is responsible for completing and all work shall be done at Developervs expense. B. If any portion, section, subsection:, sentence, clause, pararaph or phrase of this Contract 1s 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 buildingPermits are issued prior to the completion and acceptance of public p 1xr1p�rovelner�ts, the Developer assumes all liability and the costs resulting in delays incomas completion of p p public improvements and damage to public p improvements caused. b the Developer, its contractors, subcontractors, rnatcr�all�.cn, employees, le ees agents, or third parties during construction of improvements on Said plat. D. The action or inaction of the CitY shall not constitute a waiver or amendment to the provisions srons of this Contract. To be binding, amendments or waivers . writing, the parties and approved by written resolution of shall be �n �trn� sled by p pp �s the 1� Council. The i ' failure to promptly tale 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, d federal laws and. regulations, including but not limited. to: county, state subdivision ordinances, zoning zonin ordinances, and environnnental regulations. If � the City determines that Said plat does not comply, the City may, at its w construction or development option, refuse to alto work in the plat until the liesU on. the i 's demand, the Developer shall cease Developer so complies. + p work until there is compliance the execution e f this Agreement ement and prior to the start of ` any G. prior to � n the Subject Property, Developer shall provide the i with construction � ' �. evidence of food 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 company3 or an abstract of title updated by an p abstract company registered under the laws of the State of Minnesota. �� Agenda Page 84 H. Developer shall comply with all water and wetland related restrictions, if any, required by the City of Albertville and/or any applicable provisions of State and Federal law I. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the l 00-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the lYne of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. If required by the City Fire Chief, the owner of any lot in Said Plat on which a building is proposed to be constructed shall provide the City Fire Chief with a detailed analysis of the proposed building's compliance with the fire code then in force nl the City, or, at the election of the City Fire Chief, said owner shall pay the reasonable cost of such an analysis if perfonned by or for the city. 12. Dedications to the City. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer shall pay $5,000 per acre for all lots developed as numbered lots. Said Flat consists of 5.89 acres of numbered lots. Therefore, Developer shall pay the City a cash payment totaling ,45 o .00. 13. Inde mni . A. Developer shall hold. the City and its officers, employees and agents 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, employees and agents for all costs, damages or expenses which 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. B. Upon sale of a lot in Said flat to a third party, Cascade Il Band Co., LL 's obligation to indem i f under paragraph 13.A. above with respect to such sold lot shall cease to accrue, except that as to any events, acts or occurrences on the subject lot that occurred prior to said sale of such lot, Cascade II Land Co., LLC shall remahi obligated to indemmu'l`y the City. Upon sale of a lot to such third party, the third party shall be bound by the indemnification obligations of 9 Agenda Page 85 said paragraph 13 . A. as to any events, acts or occurrences on the subj ect I of that occurred after said salt of such lot. 14. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution, except as expressly permitted elsewhere in this Agreement. 15. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successor and assigns of the parties hereto. 16. Violation ofAgreement. 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 3 0 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 suips 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, provided that the City shall not assess the First Phase Properties pursuant to this paragraph unless said default concerns a condition of, or activity or omission upon the First Phase Properties, or is related to the First Phase Properties or is related to the use of the First Phase Properties. B. Notwithstanding the 3 O-day notice period provided for in paragraph 1 ( ) 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 imTnin ent 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, To Agenda Page 86 . Breach of any of the terms of this Contract by the Developer shall be grounds i for denial of building permits and/or occupancy permits until said breach s remedied. 17. Phased Development. -If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if Developer is in breach of this pp Agreement. Development of subsequent pleases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind. the City to approve future Development phases. All future Development phases shall be governed by the ity's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future DeveI oprmnt phases are approved by the City 18. Limited A4 oval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specif ed in this Agreement. 19. Professional Pees. 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 attorny 's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City 'n attempting to enforce the teens of this Agreement. o. Plans Attached as Exhibits.. All plans attached to this Agreement as Exhibits arc incorporated into this Agrcement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plays as herein incorporated. 1. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying p 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. . 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 11 Agenda Page 87 Albertville, MN 55301 Telephone: (763) 4 7-3384 Cascade II Land Co., LL 5553 rd Street N.W. Ells Diver,, MT 5 5 3 3 0 Telephone: 7 3 441-85 1 3. Agreement Effect, This Agreement shall be binding upon and extend to the representat'Ives, heirs, successors and assigns of the parties hereto. THIS DEVELOPMENT AGREEMENT is executed and delivered as of the date first above written. CITY OF ALB TVI1LLE5 B k Scott Wallace Its or ' B-1 �— r Its Li4nrd oeh Its City Administrator CASCADE II LAID CO., LL J By` r _ Its: f , STATE OF MBNNESOTA ) )ss. COUNTY OF WRIGHT } The foregog M" Am vent was acknowledged before rage this day of C- Ly � _� 00 � by Scott Wallace 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. N24336 Agenda Page 88 a I SIC I IALE LI---N BOST rr��46 ' 11JOTAFiY [WLIO - M1NESOTA di.i PE, Comm. Ey 4 Jan. jp 005 � !, V ' 1 -I�C.� i5 r rt +j " •F}�'y Fi r+ �1,� r+ ri r; �.,s l�. e"� �'� F7 .1� ��g u ��• Yv� STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) •w E s � ,°,r Notary Public 1d hefren this day of a The foregoing instrument was � r 00 Linda Goes as City A.dmir�i trat r f the it Albertville, a Minnesota�acorporation, m nici l on behalf of the city and pursuant to the authority of the City Councilb [tij 1 I F� @ �L �` �., G M I Ell illC �T �{ f.ti �r. (t xt,+'•+�y n rn S l; .l�i u�'��i�' if�.b � L� i � �r � � Lr SJiti� S,Y�ii��i L�v STATE OF MINNE50TA ) )Ss. COUNTY OF WRIGHT ) Notary Public • acknowledged before me this � �� dad of The foregoing instrument was 00 h Marlon lines, a Chief Manager of a��ad� 1Y Land dCo., Minnesota limited liability company, on behalf of the limited liability company. r rLYLE L. CHRISTEJ,,� Public NOTARY PUBLIC - V� )NF,; - w' 1 ,,� MY COWAIk.� Notary Y � `y'yt�bi a DRAFTED BY: Court and MacArthur Law Office P.O. Box 369 705 Central Avenue Easy St. Michael, MN 55376 (763) 497-1930 13 SZ43%"6 Agenda Page 89 OFFICAL. PLA T OiNN XFN Iff Y-1-It-I.T., Ir Cl., , LLr-, oroaTq O"PA Ij N"MAk mull AN."'x kd., .01. vkme.-T a 41114?1fxnooiIw -7- owlc,.�gvn. Ube f,�ffivfolwq. fla fli� Bg sk,/Ar. m. W=.!Fw, U' •lliv. Ne,O,R A. V.f.mg. %N."APA V. li.A.Buff,02JA Wf "'Wo. X,,K-!,Yfrk,4( U11mmyr. lr`lwvm, i":11woly. wmyv-A! tolvew'd Kho 1."Aaam ll/�, ?.},fi! Vww"riLd m;.0- F4?'-tkl" in: �ZXVDMVRU. 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