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2006-09-12 PUD/CUP Agreement �/� r � � � ` � � � ' ! ' ' ' � Doc. No. A 1026577 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, IV►�NNESOTA Certified Filed and/or Recorded on �9-21-2006 at 03:00 Check#: 10364 Fee: $46,00 Payment Code 02 Addl. Fee Larry q. Unger, County Recorder CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT/ CONDITIONAL USE DEVELOPMENT AGREEMENT ALBERTVILLE MEDICAL BUILDING (Albertville Medical Building II, LLC) C PT n�o•2,lo�pQ ,�l-;X�L THIS AGREEMENT, entered into this�day of September, 2006 by and between Albertville Medical Building II, 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 E�ibit 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 Property"; and WHEREAS, Developer has received final plat approval for 1 numbered lot and one outlot 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 permit development of Said Plat in the manner proposed by the Developer; and WHEREAS, the City has given preliminary and final plat approval to Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and �v�;-�-� : Commerc�al�art�ie��Title,LLC 200 South Sixth Street 1 Suite 1300 Minneapolis, MN,55402_ �� :��u�►�:z.�� -�- �'� e � ' '' �, � ., ' 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 driveways, 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 pennitted 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. 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 allow mutual cross-parking and access between Lot 2, Block 1, Albertville Medical Building and all other lots in the Albertville Medical Building plat. Such cross parking easements must meet the approval of the City Attorney as to form and content. D. 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 easeinent as shown on the attached as Exhibit G, to the owner of Lot 16, Block 1 of the subdivision "Prairie Run" (herein after "West Lot"), to allow access across Outlot A in Albertville Medical Building and Lot 2, Block 1, Albei�tville 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 Sls` Street under the following terms: 2 1 �. r � l. 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 cross 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 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 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 manner 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 allow any construction-related traffic that will cause damage to the shared driveway to utilize the shared drive��vay, nor shall any owner 3 _ - - � , , . • 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 Agreement ("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 G and shall provide that the cost of maintaining the easement area shown on E�ibit G 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 Property in substantially the same form and substantially the same terms as shown on the attached E�ibit G, provided the owner of the West Property 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.D. E. Developer shall construct the number of parking stalls on Said Plat in the locations and dimensions as shown on the attached Exhibit B F. All minimum building setbacks shall be in accordance with City, County and State ordinances and laws. G. Developer shall pennit the construction of all private streets on Said Plat to a minimum 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 cross access pursuant to the provisions of Paragraph 1(D) of this Agreernent. Parking shall be prohibited at all tiines 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. 4 . � � . � , H. 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 einergency 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 Albem�ille Medical Building plat to maintain said private streets in a cominercially 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 performed and shall also oversee all billing and collection of the cost of such maintenance consistent with the terms of the Maintenance Agreement. I. 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 City. J. The Maintenance Agreernent shall also require that the owners of all lots in the Albertville Medical Building plat maintain all monument signs within the Albertville Medical Building Plat in a commercially reasonable manner. K. Monument signs will be allowed in the specified locations as shown on the attached E�ibit E and in the configurations shown on the attached E�ibit 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 1, Block 1, Albertville Medical Building Plat�vith easements necessary to maintain such signs. L. Developer has submitted a signage plan for Said Plat showing all existing and proposed signs. All signs shall have white lettering �vith a dark background. All signs shall be in substantially the same location, configuration, height and material as shown on attached E�chibit E. 5 � M. 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. N. This Agreement does not constitute building or site plan approval for Lot 2, Block 1 in Said Plat. Developer must obtain building and site plan approval for all buildings constructed on Said Plat. O. 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. P. Trees, shrubs, berms and screening are to be planted and installed on Said Plat as shown on the landscape plan attached as Exhibit C. The Developer shall guarantee that all new trees shall survive for two 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 E�ibit C shall be installed no later than June 1, 2007. Q. Developer shall replace, at its own 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 ri�o full years from the date of planting. R. 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 wetland, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may dainage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or ��vhich may obstruct or retard 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 Owner or other person shall apply any phosphorus- based fertilizers or herbicides ��vithin fifty (50) feet of any wetland or lake. 2. Construction of On- and Off-Site Improvements. 6 � A. Developer shall construct all on- and off-site improvements including installation of 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, berming, 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 any lot other than Lot 2, Block 1 Albertville Medical Building. 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 , 2006 and on file with the City Clerk. All yard are s shall be sodded with grass or landscaped in accordance �vith 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, and except that the parking lot for Lot 2, Block l, which may be constructed when a building is constructed on such lot. B. Developer shall, at its own expense, cause the following items to be installed within Said Plat, all such items to be installed under ground, within the street right of way or��ithin the private street easements or such other location as may be approved by the Cit�� 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; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/L7nited Telephone Company or other such carrier. In addition, the Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. 7 C. 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. D. Developer has submitted 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-of£ Developer shall install said lights on Said Plat in substantially the same location, configuration and material as shown on attached E�ibit D. E. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or pennanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a 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 permit. 3. 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$49,500.00 representing the sum of$34,500.00 for on- and off-site improvements and 150% of the estimated cost for landscaping/screening inaterials ($15,000.00). 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 13 of this Agreement, the City may draw on said letter of credit or surety to complete work not perfonned by Developer(including but not limited to on- and off-site improvements described above, erosion control, and other such measures), to pay liens on property to be 8 dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, 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 determination, refund to the Developer any monies which the Ciry 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. F. In the event a surety referred to herein is in the fonn of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a ne�� letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 4. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the 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 on- and off- site Improvements which have been fully completed and payinent 9 inade 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 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 the Developer has fulfilled all of its obligations under this Agreement. 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 ��vithin thirty (30) days of billing. 5. Abandonment of Project- Costs and Expenses. In the event Developer should abandon the proposed develop�nent 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«�ithin thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion frorn Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may ��ithdra�� funds from the above-inentioned surety for the purpose of paying the costs referred to in this paragraph. 6. Developer to Pay City's Costs and Expenses. 10 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. This reimbursement obligation shall not include compensation for City employee time devoted to the Development, except that the City reserves the right to claim additional compensation for employee time incurred by City employees arising out of a default under this Agreement by the Developer. Developer agrees to pay all City costs due under this paragraph 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. 7. 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 1.14 acres owned by Developer in said Plat, �vhich received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for all of Developer's properiy receiving final plat approval is $3,420.00 ($1,824.00 in sewer fees calculated as $1,600.00 x 1.14 acres and $1,596.00 in water fees calculated as $1,400.00 x 1.14 acres). 8. 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 F. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. 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 ar go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 10.Maintain Pub(ic Propertv Dama�ed or Cluttered Durin� Construction. I1 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, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered �vith 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 property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorney's fees incurred by the City as a result of such legal action. 11.Temporary Easement Ri�hts. Developer shall provide access to Said Plat at all reasonable tiines to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 12. Miscellaneous. A. Developer agrees that all construction items required under this Agreeinent are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held im�alid by a Court of 12 competent jurisdiction, such decision shall not affect the validity of the reinaining 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 coinpletion of public improvements and damage to public improvements caused by the City (but excluding 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��aiver 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 Agreement shall run with the land and shall be recorded against the title to the property. F. The Developer represents to the Cit�� 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 �vork 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 ��vith 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 Commitinent 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 Ciry and any applicable provisions of State or Federal law or regulations. 13 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 waste�vater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of waste«�ater treatrnent plant capacity 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 permits as required by either the City Engineer, Wright County and/or the State of Minnesota. 13.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 ganted 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 Ue deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the Cit}�pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this Agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this Agreement. B. Not��vithstanding the 30-day notice period provided for in paragraph 13(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public properiy, or result in an iinminent and serious public safety hazard, the City may iminediately 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 14 the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 13A of this Agreement shall not apply to any acts or rights of the City under paragraph 3F, 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 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. 14. 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 se��vers, 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$8,550.00 in satisfaction of the City's park and trail dedication requirements. This charge is calculated as follows: 1.14 gross acres x $7,500 per acre = $8,�50.00. Developer shall pay this amount prior to the release of the final plat by the City. 15. 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 tiine such future development phases are approved by the City. 16. Indemnity. 15 . r 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. 17. 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. 18. 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. 19. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that, which is explicitly specified in this Agreement. 20. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable 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. 21. Plans Attached as Exhibits. All plans attached to this Agreement as E�ibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this 16 Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 22. 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 staternent(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. 23. 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 II, LLC c/o Robert Jossart 5455 Highway 169 Plymouth, MN 55442 24. A�reement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 17 CITY OF ALBERTVILLE, By �� . Donald Peterson Its Mayor , � � � By _� Bridget Miller '- Its Clerk ALBE VIL E MED CAL BUILDING II,LLC By Its: � STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Th fore oi instrument was acknowledged before me this � day of , 2006, by Donald Peterson as Mayor o the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. � '"`�''� MICHAEL C. COURI � C� �� NOTARY PUBLIC-MINNESOTA Nota Public �.1e,� My Comm.Exp.Jan.31,2005 ry STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this I �� day of �,(j�.'ti^��:� , 2006, by Bridget Miller, as Clerk of the City of 18 Y Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. -� � 1 9 C�,� � 1 -�- Notary Public STATE OF MINNESOTA ) ` �� "^"�"'K TOFiI ,4�PJ I�pNHARDT � SS. �� NO7:�,7Y�U:9��-�IINNESOTA COUNTY OF WRIGHT ) -�,�,.. A4y Ccmm.Exp Jrsn.31,200� .: ''F:�ik�t?5i�f`L`'�if�. °v��3M�L Th or goi g instruinent was acknowledged before me this � day of , 2006, by Robert Jossart, as Chief Manager of Albertville Medical B ilding II, LLC, a Minnesota Limited Liability Company on behalf of said limited liability company. r � Notary Public �� MICHAEL C. GOURI � NOTARY PUBLIC-MINNESOTA �'�.,m.� My Comm. Exp.Jan. 31,2005 DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 19 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lot 2, Block 1 Outlot A All said property is located in the plat of Albertville Medical Building, City of Albertville, County of Wright, Minnesota. 20 � � �'o' � - �� o� � - �=A - � � �o=o a�p �e .v �p��o N � fm£in SOiL �4 4w � e C^� N � — V v g N _ m � rN,� v \v Vv 2 InV, cO �/ T o� p� ; / N �A � f� // / / � � � � = � % ' � /� , / / � �`� �.,e. 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EASEMENT DESCRIPTION EXHiBiT FOR � ALBER TVILZ,E MEDICAL B UILDING D -� � < I D l,; � � �•; I ;� _ . . _ . _ . . _ . . _ . . _ . . -J �r � _ . _ . _ �,, _ . . _ . . _ I � <,r" c�T-�ccT �:..�... — — — — — — — — — _ �1- — ��,�=��h._.__ � . � . . � . . � . . �� . � `-NORTH LINE OF � Jz-'� LOT 7 BLOCK 1 �� I , �' � 1 V' I 1 6' Z I 1 1 I `" �J � � �a � i) � V W V� I Q W I �� 1 �c�i 1 '�� I O W 1 �Q n �. 4 � �� LOT f , � � r �. � WEST LINE OF �� 1� �'�"-LOT i BLOCK 1 J � — — — — � (— — — — — — (— �—+ � I Q j �"NORTH LINE OF � l�' I O / L0T 2 BLOCK 1 ��1 h � v i I OJ �- -�-COMMON LINE 8E7WEEN L07 BLO K � �� 2 BLOCK 7 ANO OUTLOT A � �� I / LOT 2 � �� J � � � � I /``J�` , . � PROPOSED INCRE55 � I 1 � /,,,./� AND EGRE55 EASEMENT 1 :,�� .,. JI I ; r � � � �-�_�J , i i ,' - - � _ I �'-SOU7HERLY r � � � � — — — — — — — — — — LINE OF LOi � 2 BIOCK 1 I I II .,.�a�,": ., c.. ,..c. �;:,�.. k�.. �.... ;Ri I I . � — — — � — An �ngress and egress eosement over the wes! 32.00 feet o/ Lot . 1, Block 1, ALBERTVILLE MEDICAL BUIL�INC, occording to fhe plot thereo( on (ile ond of record in the oll�ce o1 !he County Reco�der, Wriqht County, Atinnesota. ihe s�de �fnes ol soid 0 50 100 150 eosemenl sholl be lengtbened or shortanad to terminote ot tne north line of said Lot 1 and t�a �orth I�ne o/ lot 2, Block 1 0/ 40i0 p101 Ol ALBERMLLE MEDICAL BUILOING. CRAPNIC SCALE IN FEEr ond An ingress and agress easement over Ihe westerly 32.00 feet of Lot 2, Block 1, AIBERTVILLE MEDICAL BUILOINC, occortlinq to !he plof fhereo/ on f7e and ol record fi tha ol!!ce ol 1ha County MEYER-R�HLIN, INC 4/18/06 Recorder, Wrlghl County, Minnesola, lyfng porallef N�th ond � RElnS�ONS odjotn�ng the common �ine between soid Lot 2 ontl Outlot A ol ENCENEERS-LAND SURVEYORS soid p�at o/ALBERTVILLE MEDICAL BUILDING. ihe sida I�nes o( �� H„y. ��H., e�noio, rH ee�i� so�d eoeemenf sholl be iengf�ened or shortened (o terminole of p� ��Q�� eez-r�er co. f�e�) eaz-9�9z DAiE 3�z?��6 tha norlh line ond southerly line o( soid Lof 2. DR.4WN BY BOOK SHEEi 7 OF FlLE NO. ��`' PAGE 1 SHEETS 06105 N:\�nd ProJeds�06305\dwg\Fnal Plat\061D5 Easementdwg,8/18/2006 12:51:49 PM � ; , , . ,� . . �• � , � � �� . �� j�� Fi �8��d�d j�• £� ��: . �d��. F] g f� �� a �� I�� E�T �� 6� " �`� � I ;% i i " �� i I� � � �� ',,� � y � I IA � S �� i i�� r� O I� � O � i �ii�� `� � '� `� ' � a ' m n A � �A A �� I g m � � j � � ; � i:�� I '� � 5�`3 i} } � $� / z 3 i \ �� +� ' ,� � �;,- �� ;: N � �� Z i"k� '' , � _ =? , '��li ` I 1,� t� .�I' � � i� C� � 3 �; I �I _ � I. Im II I '� �� ] �4 \ I d °A �A j � � �� I � �� , {_ I� �m I� , � � o ' n ,� � j "ti � .:I. � .I '. � '3;f{ I< i� I I � y i II I I g ��' � �I � 4 3 a ga �E � �� ; ;I�� f � �i �� E � a �� ;iI; 6� ' I !�: Wbbies' t� 'Ii � � ; � �� m � i , I IX � ; = i ' !� � �� E� F � � I d6 Ea A �� ;� . � �� g '� � i i �` 'I { �• ' i � �r � � ( e I � ��79 { r � f y�`� _D m0�� 17:� II`I�A ��`�� a _ ' �9 � � D F m� �? g '��E '' �I . I ` °` � zm rv�—i=°'m �°�.ssi �ly ;= e: ,J .�?�� ;.. ' I � �`I� � ,.Z�S m� �p>D �i w� �vt�� 2a�i � y� �'a 9a ., d VJ� fn 1 �� Q� � N � e� �gIK E: " ''e`� O t O< < P � ��p _ � � q+ P � oOc)� s !oC 3 � � �n p I�[ ,.� �d�I°I��M1� I ° Y �fi35 n� L T L m r� � Ilii� � � I � I I� = , 1 � ��° " �� i' � « . v ,,� r � � . �' � `. EXHIBIT I 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 permit ingress and egress to and from the West Lot to S ls` Street and Wright County State Aid Highway No. 18 across the Medical Property at the location shown on the attached Exhibit A ("Shared Private Driveway"). 4. The benefited and burdened properties under this Agreement are the West Lot Property and the Medical Property respectively. S. 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 E�ibit A, which is necessary to utilize the cross access easement. The private drive shall be constructed to the saine 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 easeinent area granted in this Access Easement 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 o��vner of the West Lot. 7. 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 22 _. � , � �� , . . 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} 23 102�5'7'7