2006-09-12 PUD/CUP Agreement�. � � . ' � 0
`�� j �° Doc. No. A 1026578
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OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
09-21-2006 at 03:00
Check#: 10364 Fee: $4fi.00
Payment Code 02
Addl. Fee
Larry A. Unger, County Recorder
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE DEVELOPMENT AGREEMENT
ALBERTVILLE MEDICAL BUILDING
(Albertville Medical Building, LLC)
C�.P T�1 b d!o 1G�cl r�b�DZ
THIS AGREEMENT, entered into this �day of September, 2006 by
and betvveen Albertville Medical Building, LLC, a Minnesota limited liability
company ("Developer"), and the CITY OF ALBERTVILLE, a political subdivision
of the State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the
attached Exhibit A, which real property is a portion of the property proposed to be
subdivided and platted for development, and which subdivision, which is the subject
of this Agreement, is intended to bear the name "Albertville Medical Building' and
shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Properiy";
and
WHEREAS, Developer has received final plat approval for 1 numbered lot
that it owns within Said Plat; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and meinorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning Said Plat and the conditions imposed thereon;
and
WHEREAS, approval of a Planned Unit Development is required to pennit
development of Said Plat in the manner proposed by the Developer; and
WHEREAS, the City has given preliininary and final plat approval to Said
Plat contingent upon compliance with certain City requirements including, but not
limited to, matters set forth herein; and
��-���:
Commercial F�artners Title,LLC
200 South Sixth Street
Suite 1300
1 Minneapolis, MN 55402 G,
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WHEREAS, the City requires that certain public improvements including,
but not limited to sidewalk, curb and gutter, grading, sanitary sewer, inunicipal
water, storm sewer(hereafter "Municipal Improvements") be installed to serve Said
Plat and other properties affected by the development of Developer's land, to be
installed and financed by Developer; and
WHEREAS, the City further requires that certain on- and off-site
improvements be installed by the Developer within Said Plat, which improvements
consist of paved private streets, boulevards, top soil and sod, grading control per lot,
bituminous or concrete drive�vays, parking lots, drainage swales, berming, street
signs, street lights, street cleanup during project development, erosion control, and
other site-related items; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Planned Unit Development/Conditional Use Permit. Said Plat is hereby
granted approval with a Planned Unit Development/Conditional Use Pennit
with flexibility from the strict requirements of the City's Zoning Ordinance in
relation to selected items detailed in this paragraph.
A. The underlying zoning for said plat is B-2, Limited Business District.
Developer shall comply with said zoning district provisions, as amended
from time to time, except where deviations from such provisions is
expressly required or permitted by this Agreement.
B. Developer agrees that all buildings shall be constructed within the
building envelopes illustrated on the attached Exhibit B. The exact
building placement/design shall be subject to site plan approval by the
City Council except where specifically set out in this Agreement.
C. The building on Lot 1 Block 1 shall be constructed consistent ���ith the
elevations attached as E�ibit H. Building and site plans for buildings to
be constructed on other lots in Said Plat shall first be submitted to the
City for approval.
D. At the time of the recording of this Agreement at the Wright County
Recorder's Office, Developer shall record a cross-parking and access
easement which will allo�� mutual cross-parking and access between Lot
1, Block 1 in Said Plat and Lot 2, Block 1, Albertville Medical Building.
Such cross parking easements must meet the approval of the City
Attorney as to form and content.
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E. The trash enclosure for the building located on Lot 1, Block 1 shall be
directly adjacent to the property line as shown on E�ibit B.
F. In the event Lot 16, Block 1 of Prairie Run is rezoned to a commercial
zoning, Developer shall make available the permanent, non-exclusive
access easement as shown on the attached as Exhibit I, to the owner of Lot
16, Block 1 of the subdivision "Prairie Run" (herein after "West Lot"), to
allow access across Outlot A in Said Plat and Lot 2, Block l, Albertville
Medical Building (collectively, the burdened property) and the West Lot
(the benefiting property) utilizing the private drive in Said Plat to provide
access to County Road 18 and S ls` Street under the following terms:
1. The owner of the West Lot purchases Outlot A for the fair
market value of said Outlot A as determined by an appraiser
agreed upon by the Developer and the owner of the West Lot. In
the event the Developer and owner of the West Lot are unable to
agree, the Albertville City Council shall appoint an appraiser
who shall determine the fair market value. The cost of such
appraisal shall be paid by the owner of Lot 2 of Albertville
Medical Building and the owner of the West Lot, with each such
lot sharing the cost of the appraisal equally.
2. The owner of the West Lot agrees to construct those portions of
the private driveway located on Said Plat necessary to utilize the
access easement. The private drive shall be constructed to the
same weight and width specifications of the private drives as
required by this Development Agreement, unless other
specifications are required by the City of Albertville at the time
of construction.
3. The owner of the West Lot agrees that the costs of maintenance
and repair of those portions of the shared private driveways
which are located on the West Lot shall be borne by the owner of
the West Lot. The owner of the West Lot shall be responsible for
100% of the maintenance cost of that portion of the shared
private driveway located on Outlot A of Said Plat. Developer and
the owner of the West Lot may alter this cost sharing formula by
mutual agreement.
4. The owner of the West Lot and the Developer agree that except for
teinporary and reasonable activities required in connection with
construction, maintenance, repair and replaceinent, no
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obstruction which would prevent, restrict or otherwise inhibit the
passage of pedestrians or vehicles over any portion of the private
driveway shall be erected, condoned or permitted by the owner of
any property benefited or burdened with the private driveway, its
tenants, invitees or licensees, nor shall any other conduct, passive
or affirmative, including but not limited to the parking or storage
of vehicles, be permitted which would in any rnanner restrict the
rights of the respective owners of any of the benefited or
burdened property, their tenants, invitees and licensees to fully
utilize the shared private driveway for the purposes permitted
herein. However, in no event shall any owner allo��v any
construction-related traffic that will cause damage to the shared
driveway to utilize the shared driveway, nor shall any owner
allow traffic to use said shared driveway which has a weight
rating which exceeds the weight rating for which said shared
driveway was designed and constructed.
5. The owner of the West Lot agrees to join in the Reciprocal
Easement and Operating Agreeinent ("Maintenance Agreement")
as approved by the City Attorney and that will be executed by the
owners of all lots on the Albertville Medical Building plat. Said
Maintenance Agreement shall provide for the maintenance of the
easement area shown on E�ibit I and shall provide that the cost of
maintaining the easement area sho�vn on Exhibit I shall be divided
equally (one-third each) between the owners of Lot 1, Block 1 and
Lot 2 Block 1 of the Albertville Medical Building plat and the
owner of the West Lot.
6. Developer shall enter into an easement agreement with the owner
of the West Lot in substantially the same forin and substantially
the same terms as shown on the attached Exhibit J, provided the
owner of the West Lot agrees to enter into said easement
agreement. If the owner of the West Lot does not enter into said
easement agreement, Developer shall not be obligated to provide
access to the West Lot as set out in this paragraph 1.F.
G. Developer shall construct the number of parking stalls on Said Plat in the
locations and dimensions as shown on the attached E�ibit B
H. All minimum building setbacks shall be in accordance with City, County
and State ordinances and laws.
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I. Developer shall construct all private streets on Said Plat and that portion
of the private street located on Lot 2, Block 1, Albertville Medical
Building, to a minimuin width of 24 feet from back of curb to back of
curb, in the locations as shown on the attached Exhibit B. Said private
street shall be constructed in such a manner that it may be expanded in the
future to provide access pursuant to the provisions of Paragraph 1(F) of
this Agreement. Parking shall be prohibited at all times on all private
streets, and all private streets shall be posted with "no parking�' signs
installed by the Developer. Parking on the private streets shall not be
pennitted unless specifically allowed by the Albertville City Council.
Developer shall install "No Parking" signs on the private streets in
locations required by the City Engineer.
J. Developer shall maintain all private streets on Said Plat in a commercially
reasonable manner such that the streets are paved and plowed at all times
and such that cars and emergency vehicles can safely pass on said roads at
all times. At the time of recording of this Agreement at the Wright
County Recorder's Office, Developer shall record the Maintenance
Agreement which requires all lots on the Alberlville Medical Building plat
to maintain said private streets in a commercially reasonable manner as
required by this Agreement. Such Maintenance Agreement must meet the
approval of the City Attorney as to form and content. Upon recording of
such document, the owner of Lot 1, Block 1 of Said Plat shall be the
responsible party to cause such required maintenance to be perfonned and
shall also oversee all billing and collection of the cost of such maintenance
consistent with the tenns of the Maintenance Agreement.
K. In the event the private streets are not maintained in accordance with this
Agreement such that said private streets pose a safety hazard to the
general public, the City shall provide forty-eight hours notice of deficient
maintenance to the owners of all of the lots in Said Plat, after which time
the City may, but shall not be required to, immediately take whatever
reasonable steps are necessary to correct said safety hazard. In such event,
the City may bill Developer for its portion of the cost of such correction,
said cost to be split among all of the lots in the Albertville Medical
Building plat in the same proportion as required in the Maintenance
Agreement. Developer shall pay such billed cost within 30 days of billing
by the ciry.
L. The Maintenance Agreement shall also require that the owners of all lots
in the Alberiville Medical Building plat maintain all monuinent signs
within the Albertville Medical Building Plat in a corrunercially reasonable
manner.
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M. Monument signs will be allowed in the specified locations and in the
configurations shown on the attached E�ibits F and H. The Maintenance
Agreement shall specify that the monument signs may be used by the lots
within the Albertville Medical Building Plat. Developer shall provide the
owner of Lot 2, Block l, Albertville Medical Building Plat with easements
necessary to maintain such signs.
N. Developer has submitted a signage plan for Said Plat showing all existing
and proposed signs. All signs shall have white lettering with a dark
background. All signs shall be in substantially the same location,
configuration, height and material as shown on attached E�ibit F.
O. Building signs shall not exceed 15% of the building face. Building signs
will be allowed on the front and rear of the buildings, or one side in lieu of
a rear building sign.
P. All grading, drainage, utility, wetland mitigation, and transportation issues
that arise during development of Said Plat shall be subject to review and
approval by the City Engineer.
Q. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as E�ibit C. The Developer shall
guarantee that all new trees shall survive for ri�vo full years from the time
the planting has been completed or will be replaced at the expense of the
Developer. Developer shall not plant any fruit bearing trees within the
landscaped islands. All landscaping on Said Plat as shown on attached
Exhibit C shall be installed no later than June 1, 2007.
R. Developer shall replace, at its o«�n expense, any plantings on Said Plat as
shown on attached Exhibit C that might be damaged during the
construction of any future buildings on Said Plat. Developer shall
guarantee that all plantings replaced pursuant to this paragraph shall
survive for two full years from the date of planting.
S. Other Use Restrictions. On all lots within 30 feet of any wetland, the
native vegetation within said 30 feet of the wetland shall not be
fertilized or mowed or otherwise disturbed. On all lots within 30 feet of
any ���etland, no structure, including, but not limited to, outbuildings or
accessory buildings, fence, planting or other inaterial shall be placed or
permitted to remain ��vhich may damage or interfere with the installation
and maintenance of utilities, or which may change the direction of flow
or drainage channels in the easements, or which may obstruct or retard
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the flow of water through drainage channels in the easements. The
easement area of each Lot including all improvements in it, shall be
maintained continuously by the Owner of the Lot, except for those
improvements for which a public authority or utility company is
responsible. No O�vner or other person shall apply any phosphorus-
based fertilizers or herbicides within fifty (50) feet of any wetland or
lake.
2. 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
Albertville Medical Building, as prepared by Paramount Engineering
and Design dated August 18, 2006 and on file with the City Clerk, said
improvements to include installation of water mains, sanitary and
storm sewers, curb, gutter, and sidewalk. 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 June 1,
2007.
B. The Developer warrants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constructed to City standards and shall
suffer no significant impairments, either to the structure or to the
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
C. Prior to acceptance of the Municipal Improvements by the City,
Developer shall provide the City ��vith lien waivers from all contractors
and subcontractors engaged to construct said Municipal Improvements
on Said Plat. Should Developer fail to provide the City with all
applicable lien waivers and an action is brought in District Court to
enforce a lien on the property , the City reserves the right to draw upon
Developer's surety after notice pursuant to paragraph 14A of this
Agreement, and pay the disputed amount into the Court.
D. The City shall, at its option, have the consulting City Engineer present
on Said Plat for inspection purposes at all times (or such tiines as the
City may deem necessary) during the construction and installation of
said Municipal Improvements. Developer agrees to pay for all
consulting engineering costs incurred by the City during said
inspections; provided, ho«�ever, that Developer shall not be obligated
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to reimburse the City for salaries of City Employees and other fixed
costs not incurred solely in connection with said inspection.
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of paved streets, curb and gutter, sidewalks, boulevards,
street signs, traffic signs, yard top soil, sod and seed in all yards,
grading control per lot, bituminous or concrete driveways and parking
lots, drainage swales, benning, and like items as necessary, street
cleanup during project development, and erosion control, all as
required by City ordinance, except that Developer shall not be
responsible for installing any such improvements on Lot 2, Block 1
Albertville Medical Building except for the private drive connecting
Said Plat to CSAH 18. All private streets shall be installed according
to the plans and specifications for Albertville Medical Building, as
prepared by HDR Jordan Architects and Paramount Engineering and
Design dated August 18, 2006 and on file with the City Clerk. All
yard areas shall be sodded with grass or landscaped in accordance with
the attached Landscaping Plan. In all cases permanent turf or grass
must be established over all areas of the lot not covered by a hard or
impervious surface, ponding or wetlands. Said on- and off-site
improvements shall be installed no later than June 1, 2007, with the
exception of erosion control, drainage swales and berming, which shall
be installed upon initial grading of Said Plat.
B. Developer shall, at its own expense, cause the following items to be
installed within Said Plat, all such iteins to be installed under ground,
within the street right of way or within the private street easements 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. Electrical power supply,to be provided by Xcel Energy or
other such carrier; and
ii. Natural gas supply, to be provided by Reliant Energy or other
such carrier; and
iii. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier.
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In addition, the Developer shall, at its own expense, cause streetlights
anci 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 has submitted a utility plan for Said Plat showing all
existing and proposed utility lines and easements, attached hereto and
incorporated herein as E�chibit D. Developer agrees to have all utilities
installed according to this E�ibit D.
D. Developer shall install silt fencing in back of all curbing within 30
days after said curbing is installed, or 7 days after the "small utilities"
(gas, phone, electrical and cable television) have been installed,
whichever occurs sooner. Developer shall abide by the City
Engineer's requirements for silt fencing of the lots and access to the
lots during building construction.
E. Developer has subinitted a lighting plan for Said Plat showing all
existing and proposed lights. All light poles and exterior lights will be
a 90-degree full cut-off. Developer shall install said lights in
substantially the same location, configuration and material as shovvn
on attached E�ibit E, except that Developer shall not be responsible
for the installation of lights on Lot 2, Block 1, Albertville Medical
Building.
F. Developer has submitted a grading plan for Said Plat attached as
Exhibit G. Developer shall implement the grading plan, including the
grading on Lot 2, Block 1, Albertville Medical Building, in a manner
that���ill minimize soil erosion.
G. Nori�vithstanding the requirements of subparagraph 3A above, the
Developer shall install to the City's satisfaction improveinents 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 lst and
before March 30th in any given year, in which case a temporary
certificate of occupancy shall be issued if all on- and off-site
improvements except landscaping and sod have been installed. In such
cases, the Developer shall cause the required landscaping and sod to be
installed by the first June 30`h following the issuance of the occupancy
pennit.
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4. 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 Agreement shall be perfonned.
Said letter of credit or surety shall be in the amount of$270,500.00
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($145,000.00), 100°/o of the estimated cost of the
private streets ($88,000.00), and 150% of the estimated cost for
landscaping/screening materials ($37,500.00). Said letter of credit or
surety must meet the approval of the City attorney as to form and
issuing bank.
B. Upon default and notice to the Developer as required by paragraph 14
of this Agreement, the City may draw on said letter of credit or surety
to complete work not performed by Developer(including but not
liinited 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, adininistration or enforcement
of this Agreement, to repair or correct deficiencies or other problems
�vhich occur to the Municipal Improvements during the warranty
period, or to otherwise fulfill the obligations of Developer under this
Agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety
referred to herein is ever utilized and found to be deficient in amount
to 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 detennination, refund to the
Developer any monies which the City has in its possession which are
in excess of the actual costs of the project as paid by the City.
D. Developer hereby agrees to allow the City to specially assess
Developer's property for any and all costs incurred by the City in
enforcing any of the terms of this Agreement should Developer's letter
of credit or surety prove insufficient or should Developer fail to
maintain said letter of credit or surety in the amount required above
within 30 days of mailing of written request by the City.
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F. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may becoine 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 dra�v 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.
5. Surety Release.
A. Periodically, as payments are made by the Developer far the
completion of portions of the Municipal Improvements and/or on- and
off-site Improvements, and when it is reasonably prudent, the
Developer inay request of the City that the surety be proportionately
reduced for that portion of the Municipal Improveinents and on- and
off-site improvements which have been fully completed and payment
made therefore. All such decisions shall be at the discretion of the
City Council. The City's cost for processing reduction request(s) shall
be billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
i. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements or 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
ainount 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 Iinproveinents during the second year of the
warranty period. Developer may substitute a warranty bond
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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. 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 thirly (30) days of
billing.
D. 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, except
that the portion of the letter of credit or other surety attributable to the
wetland mitigation, if any, may remain in force for a period of five years
or until the City Council has determined that the mitigated wetlands will
remain viable and no further monitoring is necessary.
6. Abandonment of Project- Costs and Expenses.
In the event Developer should abandon the proposed developtnent of Said Plat,
the City's costs and expenses related to attorney's fees, professional review,
drafting of this Agreement, preparation of the feasibility report, plans and
specifications, and any other expenses undertaken in reliance upon Developer's
various assertions shall be paid by said Developer within thiriy (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 Ciry 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 pennanent
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.
7. Developer to Pay City's Costs and Expenses.
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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.
8. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the
City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee
Ordinance currently requires the Developer to pay $1,600.00 per acre and
$1,400.00 per acre respectively, upon development of said Plat. There are 3.67
acres owned by Developer in said Plat, which received final plat approval.
Therefore, the Sanitary Sewer and Water Trunk Line Fees for all of
Developer's property receiving final plat approval is $11,010.00 ($�,872.00 in
sewer fees calculated as $1,600.00 x 3.67 acres and $5,138.00 in water fees
calculated as $1,400.00 x 3.67 acres).
9. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control measures as shown
on the approved Grading, Drainage and Erosion Control Plan shall be strictly
complied with as set forth in the attached E�ibit G. Developer shall also install
all erosion control measures deemed necessary by the City Engineer should the
erosion control plan prove inadequate in any respect.
10. Ditch Cleanin�.
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.
11.Maintain Public Property Dama�ed or Cluttered Durin� Construction.
Developer agrees to assume full financial responsibility for any damage which
may occur to public property including but not liinited to streets, street sub- base,
base, bituminous surface, curb, utilit}� system including but not liinited to
watennain, sanitary sewer or storm sewer��vhen said dainage occurs as a result of
the activity which takes place during the development of Said Plat. The
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Developer further agrees to pay all costs required to repair the streets, utility
systems and other public property damaged or cluttered with debris when
occurring as a direct or indirect result of the construction that takes place in Said
Plat.
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
proper-ty, 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 thirly
(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.
12.Temporary Easement Ri�hts.
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.
13.Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are iteins for which Developer is responsible for
coinpleting 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 (but excluding
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willful acts of City employees or agents unless such acts are
undertaken in response to an emergency situation), Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
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 Agreeinent 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 in the plat until the Developer so complies. Upon
the City's demand, the Developer shall cease work until there is
compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on 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
Cominitment 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 acknowledges and agrees
that the City is currently in the process of expanding its wastewater
treatment plant capacity. Developer further acknowledges and agrees
that delay in the availability of wastewater treatment plant capacity
15
may occur for some lots located within Said Plat depending upon
when building permits are applied for and that such delay in capacity
availability may also delay the issuance of building permits for some
lots within Said Plat.
J. Developer shall obtain all required driveway, utility and other pennits
as required by either the City Engineer, Wright County and/or the
State of Minnesota.
14. Violation of A�reement.
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 coinplete 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 Agreeinent, 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
14(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environinent or to public properiy, 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
hann 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 hann or safety hazard, and the
intended actions of the City to remedy said harm.
C. Paragraph 14A of this Agreement shall not apply to any acts or rights
of the City under paragraph 4F, and no notice need be given to the
Developer as a condition precedent to the City drawing upon the
expiring irrevocable letter of credit as therein authorized. The City
16
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.
15. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon completion of all construction work and
certification of completion by the City Engineer, shall provide to the
City "As-Builts" of all sewers, water mains, and roads located within
the public right of way or public easements. Acceptance by City of
any dedication shall occur upon passage of a resolution to such effect
by the City Council.
B. Park Dedication.
The Developer is required to pay a cash contribution of$27,525.00
in satisfaction of the City's park and trail dedication requirements.
This charge is calculated as follows: 3.67 gross acres x $7,500 per
acre = $27,525.00. Developer shall pay this amount prior to the
release of the final plat by the City.
16. Administrative Fees.
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 3.25%
of the estimated construction costs of the Municipal Improvements
within the Plat. The administrative fee for this Plat is $4,712.�0.
Seventy-five percent of this fee shall be paid upon issuance of the
final Plat with the remaining twenty-five percent of the fee to be
paid upon substantial completion of the Municipal Improvements.
This administrative fee shall be the only compensation paid to the
City for the time City employees (exclusive of non-City employee
consultants; and the City building inspector, whose fees are
governed by the City Building Code) put forth in administering the
development of Said Plat. The City reserves the right to claiin
additional coinpensation for einployee time incurred by City
employees arising out of a default under this Agreement by the
Developer.
17
17. Phased Development.
Approval of this phase of Said Plat 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
City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and
other ordinances in effect at the time such future development phases are
approved by the Cit��.
18. Indemnity.
Developer shall hold the City and its officers and employees harmless from
claims made by Developer and third parties for damages sustained or costs
incurred resulting from the approval and development of Said Plat. The
Developer shall indemnify the City and its officers and 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 Agreement.
19. Assi�nment of A�reement .
The obligations of the Developer under this Agreement can be assigned by
the Developer. However, the Developer shall not be released from its
obligations under this Agreement without the express written consent of the
City Council through Council resolution.
20. Release of Prior Developer's A�reement. Upon the recording of this
Agreement at the Wright County Recorder's Office, that Developer's
Agreement titled "City of Albertville, Planned Unit Development Agreement,
Prairie Run" and recorded as Document No. 940359 at the Wright County
Recorder's Office, Wright County, Minnesota, is hereby released as it applies
to the property described on E�ibit A to this Agreement.
21. Limited Approval.
Approval of this Agreement by the City Council in no way constitutes
approval of an}�thing other than that, which is explicitly specified in this
Agreement.
22. Professional Fees.
18
� �
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 attorney's 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.
23. 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.
24. Inte�ration Clause, Modification by Written A�reement Only.
This Agreement represents the full and complete understanding of the parties
and neither party is relying on any prior agreement or statement(s), whether
oral or written. Modification of this Agreement may occur only if in writing
and signed by a duly authorized agent of both parties.
2�. 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
Albertville Medical Building, LLC
c/o Robert Jossart
5455 Highway 169
Plymouth, MN 55442
26. A�reement Effect.
19
, . •
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
B�����- �
Donald Peterson _
Its Mayor
S �I ���
By � � ��� - �.
Bridget Miller
Its Clerk
ALBERTVILLE DIC BUILDING, LLC
B
Its: -
STAT� OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The ore in instrument was acknowledged before me this ��'�
day of , 2006, by Donald Peterson as Mayor of the City of
Albertville, Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
�°1Ne�'�rQ MICHAEL C. COURI ��
��� NOTARY PUBLIC-MINNESOTA Notary Public
��,,�,� My Comm.Exp.Jan.31,2005
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
20
� � ,
The foregoing instrument was acknowledged before me this ( �+h
day of }-� �1�'�/ , 2006, by Bridget Miller, as Clerk of the City of
Albertville,�sota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
r. ^
�� �� �������
Notary Publio ,
STATE OF MINNESOTA ) �-�'°""�'��'�g""'�"��'
.�,
� SS. ��3����,1 ���'; �;�N t.��NNARD7
COUNTY OF WRIGHT ) ��a.�����f°G�T ���J�nN3ESOT�A
���
���l:i�`�'�"��r::." . ..".�}%Y ..,''...`-+.SLT,:".. .
T fore in instrument was acknowledged before me this 2 �i
day of , 2006, by Robert Jossart, as Chief Manager of Albertville
Medical ilding, LLC, a Minnesota limited liability coinpany on behalf of said
limited liability company.
� �
� eQ'�Q MICHAEL C. COURI Notary Public
� NOTARY PUBLIC-MiN(�FSOTA
��,..•� My Comm. Exp,J2n.31,?.005
DRAFTED BY:
Couri, MacArthur & Ruppe,
P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
21
. � , . ,
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lot 1, Block 1
All said properiy is located in the plat of Albertville Medical Building, City of
Alberiville, County of Wright, Minnesota.
22
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E�ISEMENT DESCfZIPTION
EXHIBIT FOIZ
� ALBER TVILLE MEDICAL B UILDING
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Jz-'� LOT 1 BLOCK 1
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� WE'S7 LINE OF �� 1�
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I Q' � `--NORiH LINE OF J L' �
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2 BLOCK 7 AND OUiLOi A � �
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I LOT 2 I r. �s �
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PROPOSED fNCRESS 1
.r aN0 ECRESS EnSEMfNi J
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I __SOU 7HERL Y r � � — . . — . . . . — . . — .I. — . . —
I ` UNE OF LOi � �" — — — — — — — — — — —
2 BLOCK 1 I
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M fngress and egress eosament o�er Ihe resl J2.00 feel of Lot
I, 8lock I, aLBERTVILLE MEOICAL BUILD�NG. occordng fo the plot
Ihereol on Ifle ond o/ reco�0 fn the o�(ice o/ the County
Recorder, Wnqnt Caunty. A/fnnesoto. Tne ssde Ifnee ol so;d � S� 1�� IS�
easement sna�� Da �enqlnened or yhortenetl fo term�note ot tne
orth l�ne ol so�d Lo! � ond fhe �o�th I�ne O/ Lof 2, B�oCk 1 O!
soid plo! o� ALBERMLLE MEO�CA� Bu��ou+G CRAPHIC SCALE W FEf7
ond
M ingress on0 eqress easemnnt over Ne ..esferly ,12.00 feet of
lot 7. B�oCk I, ALBEFtNI��E MED�CAL BUILD�NG, ocCord��y !o the
plot f�ereo� on !de o�a ol record !n tne olffce o� the Counly 4�18/06
Reco�der, Wrlqn! County, iuf�nesoto, iy�nq poranef �;In ond Mb'YL.R-ROIIIIN, INC � REviStONS
adjolnmg fhe common Yne befween eoid Lol 2 o�d OuUof A of ENC/NEERS-L4N0 SURVEYORS
so�d piot ol ALBE�7MLLE ME��CA� BUII.D�NG. ihe side Ilnes o! ���� H�y. ��N.. e„��o,o. �.�., »>r�
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EXHIBIT J
ACCESS EASEMENT
Albertville Medical Building, LLC, a limited liability company organized
under the laws of the State of Minnesota, and Albertville Medical Building II, LLC,
a limited liability company organized under the laws of the State of Minnesota,
(hereinafter collectively referred to as "Developer") hereby grants a perpetual non-
exclusive easement of access to , ("West Lot Owner"),
according to the following terms:
1. Developer owns Lot 1 and 2 , and Outlot A of the plat of Albertville Medical
Building, Wright County, Minnesota ("Medical Property").
2. West Lot Owner owns property described as Lot 16, Block 1 of the subdivision
"Prairie Run" Wright County, Minnesota("West Property").
3. Developer shall pennit ingress and egress to and from the West Lot to 51 S` Street
and Wright County State Aid Highway No. 18 across the Medical Property at the
location shown on the attached E�ibit A ("Shared Private Driveway").
4. The benefited and burdened properties under this Agreeinent are the West Lot
Property and the Medical Property respectively.
5. The owner of the West Lot agrees to construct at its own expense those
portions of the Shared Private Driveway to be located on the Medical Property
in the location shown on the attached Exhibit A, which is necessary to utilize
the cross access easement. The private drive shall be constructed to the same
weight and width specifications as required by the Development Agreement for
the Medical Property, unless other specifications are required by the City of
Albertville at the time of construction.
6. The owner of the West Lot agrees that the costs of maintenance and repair of
that portion of the Shared Private Driveway, which is located on the West Lot,
shall be borne by the owner of the West Lot. The cost of maintaining the
easement area granted in this Access Easement shall be divided equally (one-
third each) between the o�vners of Lot 1, Block 1 and Lot 2 Block 1 of the
Albertville Medical Building plat and the owner of the West Lot.
7. The owner of the West Lot shall be responsible for the percentage of the
maintenance cost of that portion of the Shared Private Driveway located on the
Medical Property in proportion to the total acreage of the West Lot to the total
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acreage on the Albertville Medical Building plat. For purposes of snow
removal, costs attributable to the Shared Private Drive on the Medical Property
shall be apportioned proportionate to the amount of square footage of Shared
Private Drive on the Medical Property to the total square footage of parking lot
and total private drive on the Medical Property. Other maintenance costs shall
be apportioned based on actual maintenance costs incurred for work on the
Shared Private Drive located on the Medical Property consistent with the
Maintenance Agreement.
8. Except for temporary and reasonable activities required in connection with
construction, maintenance, repair and replacement, no obstruction which
would prevent, restrict or otherwise inhibit the passage of pedestrians or
vehicles over any portion of the Shared Private Driveway shall be erected,
condoned or permitted by the owner of any property benefited by the Shared
Private Driveway, its tenants, invitees or licensees, nor shall any other conduct,
passive or affirmative, including but not limited to the parking or storage of
vehicles, be permitted which would in any manner restrict the rights of the
respective owners of any of the benefited property, their tenants, invitees and
licensees to fully utilize the Shared Private Driveway for the purposes
permitted herein. However, in no event shall any owner allow any
construction-related traffic that will cause damage to the Shared Private
Driveway to utilize the Shared Private Driveway, nor shall any owner allow
traffic to use said Shared Private Driveway which has a weight rating which
exceeds the weight rating for which said Shared Private Driveway was
designed and constructed.
Dated:
[Signature Blocks]
[Notary Blocks]
["Drafted by" Statement}
25 ��'2�$r g