1998-03-20 Recorded Memorandum of DA
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RETURN TO:
CENTER OAKS
13736 JOHNSON ST NE
HAM LAKE MN 55304
639463
')fFIC~ OF COUNTY !If-CORDER
WRtGHT COlJNTY.HiNNESOfA
r.t:H liFIEDrom: fiLED
.', ",!iUOR U:r>:i:UCJ ml
98 MAR 20 Pl1 2: I 3
MAHCIA LANTTO. CO.RECORDER
~H.r fL,e",eF
8)1 ,..,~ 1 tL ) DEPUTY
r:${~.SO Ju* ~{)?>D
MEMORANDUM OF DEVELOPER'S AGREEMENT
CEDAR CREEK GOLF COURSE PLANNED UNIT DEVELOPMENT
This>IEMORANDUM OF DEVELOPER'S AGREEMENT is made as of the
2?d day of f' .2I!-v~, 1998, between Pilot Land Development Company, Inc.
("Developer") and the City of Albeltville ("City").
\VITNESSETH:
\VHEREAS, Developer and City have entered into a Developer's Agreement of even
date herewith (hereinafter referred to as the "Developer's Agreement") applying to land
described on Exhibit A attached hereto and located in the City of Albertville, Wright County,
Minnesota; and Developer and City desire to have a memorandum of the Developer's
Agreement recorded in the real property records of Wright County, Minnesota.
NOW, THEREFORE, Developer and City hereby state the following for recording:
1. Developer is developing a parcel of property within the City, said parcel legally
described on the attached Exhibit A.
2. Said parcel described on the attached Exhibit A is subject to the terms of the
Developer's Agreement as well as any amendments thereto duly adopted by the City
and Developer from time to time, and all of the terms and conditions of said
Developer's Agreement are hereby incorporated by reference. Said Developer's
Agreement is on file with the Clerk of the City and is available for inspection and
copying at said Clerk's office.
3. The Developer's Agreement governs the subdivision, development and use of the real
property described on the attached Exhibit A, and contains significant restrictions on
( the allowable uses of the property described on the attached Exhibit A.
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CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
CEDAR CREEK GOLF COURSE PLANNED UNIT DEVELOPMENT
CONCEPT PLAN MASTER AGREEMENT
THIS AGREE11ENT, entered into this ~ (pM day of kbV'lJiL 1998 by and
between Pilot Land Development Company, Inc., referred to herein as" veloper"; and the
CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, a portion of
which parcels ofland are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this agreement, is intended to bear the name "Cedar
Creek Golf Course Planned Unit Development" and may sometimes hereinafter be referred
to as the "Subject Property" or "Said Plan"; and
WHEREAS, the City has given concept plan approval of Developer's plan of Cedar
Creek Golf Course contingent upon compliance with certain City requirements including,
but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal
Improvements") be installed to serve the Subject Property and other properties affected by
the development of Developer's land, to be installed and financed by Developer upon final
plan approval of each phase of development; and
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within the Subject Property upon final plan approval of each
phase, which improvements consist of boulevards, top soil, sod and seed, trees, grading
. control per lot, bituminous or concrete driveways, parking lots, drainage swales, berming,
street signs, street cleanup during project development, erosion control, and other site-
related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and agreements of
the parties concerning the development of the Subject Property;
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Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements and/or On- and Off-site
Improvements in any given Phase, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately reduced
for that portion of the Municipal Improvements and/or On- and Off-site
Improvements which have been fully completed and payment made therefor.
All such decisions shall be at the discretion of the City Council. The City's
cost for processing reduction request(s) shall be billed to the Developer. Such
cost shall be paid to the City within thirty (30) days of the date of mailing of
the billing.
B. The Developer may request of the City a reduction or release of any surety as
follows:
1. \Vhen another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
11. When all or a portion of the 1tlunicipal Improvements or the on- and
off-site improvements have been installed, the letter of credit or surety
may be reduced by the dollar amount attributable to that portion of
improvements so installed, except that the City shall retain the letter of
credit or surety"in the amount of 10% of the estimated construction
price of the Municipal Improvements during the fIrst year of the
warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty
period.
111. As to all requests brought under sub paragraph A, the City Council
shall have complete discretion whether to reduce or not to reduce said
letter of credit or surety.
C. The costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of billing.
8. Sanitary Sewer Trunk Line Fees.
A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
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currently requires the Developer to pay $1,400.00 per acre in sanitary sewer
trunk line fees as each residential Phase is granted final plan approval.
Developer acknowledges that said Tnmk Line Fee will likely increase in the
future as costs related to the sanitaty sewer tnmk line collection system rise,
and because the golf course property, which had previously been anticipated
to generate an estimated $163,800, will now generate approximately $3-,-200,
with the difference likely being made up by a per-acre increase in the trunk
charge for all other property within the Tnmk Line district, including the
residential lots included in the Subject Property. All such increases in fees
shall be established by resolution of the City Council and shall be reasonably
related to the trunk line costs incurred by the City. Developer shall pay Tnmk
Line Fees at the time of granting of fmal plan approval for each Phase of the
development, and said Tnmk Line Fees shall be paid according to the per acre
fee in force at the time final plan application is made for each Phase. The
.. 18.4 acre "Existing Wetland" adjacent to the Parkside Third Addition Plat
shall be incJ:rded in the acreage calculation of Phase 2 in Cedar Creek South.
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Developer agrees that by October 1, 1999, Developer shall pay a Trunk Line
fee of $3,200 for all areas of the golf course, based upon reduced acreage
which ~ sewered, which in turn reflects anticipated reduced per-acre
sanitaty sewer flows from the golf course use.
C.
Pursuant to that Developer's Agreement known as the Parkside Third
Addition Developer's Agreement between Developer and City dated August
13, 1996, Developer shall receive a credit of $900.00 per acre to be applied
said Trunk Line Fee described above for all portions of said plan which will
utilize the trunk line installed by Developer (said Tnmk Line as described in
said Parkside Third Addition Developer's Agreement), except that said credit
shall not apply to any trunk line fees which apply to the golf course area.
9. Project Phases.
A. Developer shall be allowed to develop the Subject Property in Phases
consistent with the Concept Phasing Plan attached as Exhibit E. In doing so,
Developer shall submit a development plan (similar to a preliminaty plat),
including grading and drainage plans, wetland mitigation plans, landscaping
plans, utility plans and other plans which may be required by City ordinance
for each respective Phase. Upon approval of the development plan for a
Phase by the City, the Developer shall submit a fmal plan (similar to a fmal
plat) for that Phase. The submission requirements reflected in this paragraph
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without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
C. Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits after said breach has remained uncured for 30
days after Developer has been noticed of said breach.
19. Dedications to the City.
A. Upon the completion of all construction work and certification of completion
by the City Engineer for any given Phase, the Developer, upon presentation to
the City of evidence of good and marketable title to Phase being developed,
shall dedicate all roads, road right of ways, sewers and water mains to the
City (except for the private roads described above, which shall not be
dedicated to the City). Upon acceptance of dedication, Developer shall
provide to the City "As-Builts" of all sewers, water mains, and roads.
Acceptance by City of any dedication shall occur upon passage of a resolution
to such effect by the City Council.
B. Developer acknowledges that under the City's current park dedication
ordinance, a certain amount of land acceptable to the City must be dedicated
to the City and! or a specified amount of money must be paid to the City in
lieu of land dedicated for park pwposes, such amounts payable upon the
approval of the final plan for any particular Phase. The City and Devel9~
reco . e that the required amount of land dedicated or mone aid
increase pnor to e grantIng of final plan a roval for an or all of the Phases
contemplate un er s agreement. T e City recognizes that any increases in
the amount ot land reqUITed to be dedicated subsequent to the date of this
agreement may interfere with the complete development of the Concept Plan
as it has been approved by the City. bs a result, the Cit)r and Developer agree
that only that land currently shown on the Conce t Plan a I to be
dedic for ark purposes s a be dedicated for ark oses. The
Developer acknowle ges that Ian zone R5 shall not be included in park
dedication land at this time. Wetlands dedicated as park land shall not be
credited toward park dedication required under this agreement.
C. The <;::ity and Developer agree that for purposes of satisfying the City's
residential park dedication requirements, .!!J.e tom! residential land area~
175.9 acres (excluding the R - 5 residential rand north of the Cedar Creek
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North development). The park dedication ordinance specifies that the
Developer shall dedicate land in the amount of 10% of the Subject Property
land shown as residential land (175<...acr~ times 10% equals 17.59 acres).
However, Developer desires to dedicate 8.28_ acres ofland (representing only
47.070/0 of the requireaJand), and therefureshall satisfy the remainder of the
park dedication requirement via the paYment of cash to the City on a per-unit
basis representing 52.930/0 of the residential units in the development, at the
per-unit requirement in effect at the time each Phase receives fmal plan
approval. As currently shown on the Concept Plan, 52.930/0 of the residential
units equals 180.49 units (341 units x 52.93%) upon which the Developer will
pay a per-unit park dedication. Developer shall dedicate the lands shown as
park lands on the Concept Plan. Said dedication shall occur in the locations
shown on the Concept Plan and shall be dedicated at the time the Phase one
adjacent to each park receives final plan approval. Nothing in this agreement
shall be construed to requir~e Developer to dedic~ore land than the
8.28 acres curre~wn as park land on the-Concept Plan, aiid the actual
amo~ts dedicated may vary depending upon the final lot layout of each
phase.
D. In the event that Developer dedicates more park land than required with any
particular Phase, Developer shall receive a park land dedication credit which
may be applied to subsequent Phases. Actual park dedication amounts shall
be figured on a Phase by Phase basis, and all cash to be paid in lieu of land
dedications shall be paid as each Phase receives fmal plan approval. PaYment
of said park dedication fee shall occur prior to release of the final plan.
E. The City and Developer agree that for purposes of satisfying the City's
commercial park dedication requirements, Developer shall dedicate an
amount of cash equal to 7.5% of the value of the land shown on the Concept
Plan as golf course land. Said 7.5% of value of the land shall be determined
as of the time the golf course land receives fmal plan approval. The land shall
be valued at such time based upon its zoning for a golf course use, but any
improvements made to the land (including grading, turf seeding, parking lot
or building improvements) shall not be included in said valuation (i.e. the land
shall be valued as "raw" land, zoned for a golf course use). Valuation shall be
determined based upon the assessed value of the land as shown at the Wright
County Assessor's office or, if either the City or the Developer so requests,
_ by appraisal by a licensed real estate appraiser. If an appraiser is used for the
valuation, the Developer shall have the option of jointly choosing an appraiser
with the City, provided the Developer pays half of the cost of the appraiser. If
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the Developer does not agree to pay half of the cost, the City shall choose the
appraiser. In either case, the appraiser's valuation shall be binding upon both
the City and Developer for purposes of this subparagraph. City and
Developer agree that the golf course property consists of 117.2 acres.
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All trails shall be dedicated and paved by developer consistent with the
Concept Master Plan attached as Exhibit B. The cost of paving said trails
shall be deducted from the total park dedication fee owed by the Developer.
The cost shall be determined based upon the lowest responsible bidder as
determined by the Albertville City CounciL plus reasonable out-of-pocket
engineering design fees incurred by Developer and reasonable out-of-pocket
engineering staking and inspection fees incurred by Developer for all trails
installed outside of road right-of-ways. The plans and specifications for any
such trails shall be approved by the City Engineer. In addition to the trails
shown on the Concept Master Plan, Developer shall install an eight (8) foot
trail along one side of Karsten A venue and continued along one side of 53rd
street to the easterly boundary of Center Oaks (at 53rd Street). A trail
'* connection shall be provided from County Highway 118 on the east end of
J Town Home area B to the north into Center Oaks Phase 3 and/or 4.
G. Developer shall provide the City with drainage easements over each pond into
which storm water from any Phase will drain. Upon the granting of final plan
approval for any given Phase, Developer shall provide said easements for the
corresponding ponds into which storm water from 'said Phase will drain. All
said easements shall be approved by the City Engineer and the City Attorney.
H. Developer (or any successor owner( s)) of the lands designated as golf course
land shall maintain all ponds located upon the golf course land. Said
maintenance shall include cleaning of ponds as necessary to maintain good
and proper drainage from the adjacent residential Phases which drain into said
ponds. In the event Developer or said successor owner(s) fail to adequately
maintain said ponds, the City shall have the right to perform said maintenance
and the then owner of the golf course shall pay all costs incurred by the City
in performing said maintenance.
I. All lots which are to remain non-buildable due to the presence of wetlands
shall be deeded to the City by the Developer upon the granting of final plan
approval for the Phase or Phases adjacent to said wetlands.
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661.:149
J)FFret: OF COUNTY RECOtWE,I
WRIGH 1 COUN r Y. H1NNESOTA
CERnnEf1 TO p.r fll.FO
A1{fm r:r.r.(:fT!:n e:N
.98 NOV 12 AM 10: 58
MARCIA LMHTO. CO.RECORDER
B~ 0c~~hll('\ / DEPUTY
--P /c1.!:Z"J (! 1:..#,f;; /lCi /5
PEDESTRIAN W ALKW A Y AND BICYCLE TRAIL EASEMENT
This indenture;made this '6 vA day of NtJl.'CA-t1 [,...e-- , 1998 by and between Pilot
Land Development Company, a Minnesota Corporation, (hereinafter the "Landowner"), and the
City of Albertville, a Municipal Corporation under the laws of the State of Minnesota, (hereinafter
the "City").
WITNESSETIf:
That the Landowner, in consideration of the sum of One and 00/100 Dollar ($1.00) and
other good and valuable consideration, to it in hand paid, by the City of Albertville, the receipt of
which is hereby acknowledged, does hereby grant, bargain, quit claim and convey unto the City of
Albertville, its successors and assigns, forever, an easement for pedestrian walkway and bicycle
trails over and across the following described parcels of land in Albertville, being in the county of
Wright, State of Minnesota:
1.The North 10.00 feet of Lot 27, Block 1;
2.The Westerly and North ten (10.00) feet ofLot9,..B~ock 3;
3.The Easterly and Nwtherly ten (lO.OO) feetor~lBlock 2;
4. The North ten (10.00) feet of Outlot A;
All in Karston Cove First Addition, according to the plat thereof on file and of record in the office
of the County Recorder, Wright County, Minnesota. (See attached Exhibit A for added
reference).
To have and to hold the same, together with all of the hereditaments and appurtenances
thereunto belonging, or in anyway appertaining, to the City, its successors and assigns forever.
In testimony whereof, the Landowner has hereunto set its hand the day and year first
written above.
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!_.'i.:-~;G~-1T Ti7LE GU.~R;'.l"~ (c:.= cc~.
F.O. BOX 815
1;::9 SOUTH SECOND STREET
2';:=FALO, MlNNESOTA 5S313
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661149
661.152
OFFICE OF COUNTY RECOROEh
WRIGHT COIJNfY./1INNESOT,'I
CU~JIFfgO]O FE fiLED'
Al'o.l.:/O,f f.';;.Cr:f'i1r;n D~l
98 HOV 12 AM 10: 58
MARCIA LANTTO.CO.RECOROER
BY~OtPUTY
-.p Jet 0-0 (l}::#.,;J '}q 16
PEDESTRIAN WALKWAY AND BICYCLE TRAIL EASEMENT
This indenture, made this 5~ day of Nov&/-U b-- ,1998 by and between Pilot Land
Development Company, a Minnesota Corporation, (hereinafter the "Landowner"), and the City of
Albertville, a Municipal Corporation under the laws of the State of Minnesota, (hereinafter the "City").
WITNESSETH:
That the Landowner, in consideration of the sum of One and 00/100 Dollar ($1.00) and other
good and valuable consideration, to it in hand paid, by the City of Albemille, the receipt of 'which is
hereby acknowledged, does hereby grant, bargain, quit claim and convey unto the City of Albertville, its
successors and assigns, forever, an easement for pedestrian walkway and bicycle trails over and across the
following described parcels of land in Albertville, being in the County of Wright, State of Minnesota:
1. The Southerly ten (10.00) feet of Lots 1 to 3, Block 2;
2. The Westerly and Southerly ten (10.00) feet of Lot 4, Block 2;
All in Cedar Creek South, Lying alongside Karston Avenue, according to the plat thereof on file
and of record in the office of the County Recorder, Wright County, Minnesota. (See attached Exhibit).
To have and to hold the same, together with all of the hereditaments and appurtenances thereunto
belonging, or in anyway appertaining, to the City, its successors and assigns forever.
In testimony whereof, the Landowner has hereunto set its hand the day and year first written above.
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$26.50 ck # 4558
653050
IJfF1C! Of COUNTY HECORQER
WRIGHf CQIJNTY,M1NN€SOTA
r.~RT1FlED'Tn BE FILED
~ND/DRttECO~ncnON
Donald V. Jensen
3322 Cleveland St. NE
Minneapolis, MN 55418
98 AUG I 2 PH 4: t I
MARCIA LANTTO.CO.RECOROER
~DEPUTY
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
Cedar Creek South
THIS AGREEMENT, entered into this ~ day of 1!{!r~t , 1998 by and
between Pilot Land Development Company, Inc., referred to here as "Developer"; and the
CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels ofland
described in Exhibit A, attached hereto and incorporated herein by reference, which
parcel(s) of land are proposed to be subdivided and platted for development, and which
subdivisio~ which is the subject of this Agreement, is intended to bear the name "Cedar
Creek South" and may sometimes hereinafter be referred to as the "Subject Property" or
"Said Plat". and
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'\VHEREAS, the City has given preliminary approval of Developer's Development
Stage plan of Cedar Creek South contingent upon compliance with certain City
requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, municipal water, storm sewer and streets (hereafter
"Municipal Improvements") be installed to serve the Subject Property and, further, to be
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Planned Unit Development. Finally, Developer must provide one (1) deciduous
or coniferous tree on each said lot.
B. Golf Course. It is the Developer's and City's intent that Lot 1, Block 1 be used
only as a golf course, with a club house located on Lot 1, Block 1, and a
maintenance building located on either Lot 1, Block 1 or other golf course
property location as approved by the City. Developer may periodically rent out
portions of the club house for special events such as weddings, anniversary
parties, business meetings, etc., provided said rentals do not interfere with the
operations of the golf course. Developer shall be required to obtain building and
site plan approval from the City Council prior to construction of the club house.
5. Surety Requirements.. Developer will provide the City with an irrevocable letter of
credit (or other surety as approved by the City Attorney) as security for the obligations
of the Developer required to be performed under this contract. Said letter of credit or
surety shall be in the amount of $24,000, representing 100% of the estimated remaining
cost of the installation of the Municipal Improvements. Said letter of credit or surety
must meet the approval of the City attorney as to form and issuing bank. If a bond is
used for up to 25% of the surety amount, said bond shall be in an amount at least 1.5
times the percentage of the required surety which the bond represents. No bond, letter of
credit or other monetary surety is required to secure construction of the on and off-site
improvements. However, the parties understand and agree that a certificate of occupancy
will not issue on any particular lot until all on and off-site improvements necessary to
that lot are constructed (subject to paragraph 2E of the Master Agreement), to the City's
reasonable satisfaction, as required under this Agreement.
~Sanitary Sewer Trunk Line Fees~ Developer agrees that by October 1, 1999,
\J Developer shall pay a Trunk Line fee of $3,200 representing the fee related to the Golf
Course area only (pursuant to paragraph 8B. of the Master Agreement). Developer
acknowledges that it is paying a reduced fee for the Golf Course area but that it will pay
an increased Trunk Line fee (greater than the normal $1,400 per acre) for residential
land platted in the future which is subject to the Master Agreement.
7. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit B. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
8. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage
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any adjacent water body or wetland. If sufficient data on high water levels is not '
available, the elevation of the line of permanent aquatic vegetation shall be used
as the estimated high water elevation. When fill is required to meet this
elevation, the fill shall be allowed to stabilize and construction shall not begin
until the property has been approved by the Building Inspector or a professional
soils engineer.
F. The Albertville City Council reserves the right to allocate wastewater treatment
capacity in a manner it fmds to be in the best interests of the public health, safety
and welfare.
10. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon completion of all construction work and
certification of completion by the City Engineer, shall dedicate all roads, road
right of ways, sewers and water mains to the City, except the sanitary sewer
service line connecting to the clubhouse (v.-hich shall remain private) and the
waterlines not connected to municipal water systems (which shall also remain
private). Upon acceptance of dedication, Developer shall provide to the City
"As-Builts" of all sewers, water mains, and roads. Acceptance by City of any
dedication shall occur upon passage of a resolution to such effect by the City
Council.
B. The Developer shall dedicate to the City sufficient perpetual easement over all
utilities required to be dedicated in paragraph lOA above to support the use,
maintenance and repair of said utilities. Said easements shall be in a form and
with legal descriptions acceptable to both the City Engineer and City Attorney.
C. Developer shall dedicate to the City a drainage easement over, under and across
all water quality ponds located on Said Plat. The owner of Lot 2, Block 1 shall
remain solely responsible for the maintenance of said ponds and all cost
associated therewith. The drainage easement shall be in a form and with legal
descriptions acceptable to both the City Engineer and City Attorney.
fu. "'eveloper acknowledges that under the City's park dedication ordinance, it must
~edicate 10% of the residential land for park dedication purposes or pay a park
dedication fee of $1,300.00 per residential lot platted. Developer is not
dedicating any land for park purposes as part of Said Plat. Accordingly,
Developer agrees to pay a park dedication fee of $14,300 J..1 1 residential lots x
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$1,300 per lot) in satisfaction of Developer's park dedication obligation related to'
the residential lots in Said Plat.
~T'\eveloper acknowledges that it is obligated to pay park dedication fees in the
~ount of 7.5% of the value of the land being platted for golf course purposes.
The City and Developer agree that the said land is valued at $2,040 per acre as
determined by the Wright County Assessor, and that the golf course property
being platted in Said Plat consists of 85.77 acres. Accordingly, the Developer
agrees to pay $13,122.81 (85.77 acres x $2,040 per acre x 7.5%) in satisfaction of
Developer's park dedication obligation related to the property to be used for golf
course purposes in Said Plat.
f;:\ Developer must construct an eight (8) foot grade separated trail on the north/east
V side of Karston Avenue. Developer shall also provide the necessary easement
and construct a ten (10) foot wide trail along Wright County Highway No. 118 in
the approximate location as shown on the attached EyJribit C. Developer shall
coordinate with the City Council and Wright County Highway Department in an
effort to detennine the location of said trial along Highway No. 113.
f7;\ Developer shall install a fourteen (14) foot paved trail in Outlot C of Said Plat for
\J emergency and trail access at the end of Karston Co~ as shown on the attached
Exhibit C.
~ Trail installation costs will be credited toward Developer's park dedication
\.:/ requirements (and credited to future plats if said costs exceed the amount of park
dedication money the Developer owes as a result of this plat), except the fourteen
(14) foot trail referred to in paragraph lO(G), the cost of which shall not be
credited toward Developer's park dedication requirements. All trails must be
constructed to standards as set forth by the City Engineer in conformance with
the intent of the City's Comprehensive Park and Trail System Plan. Trail credits
referred to in this paragraph shall be the sum of the construction cost of said trail
plus 5% for engineering and administration.
Indemnity. Developer shall hold the City and its officers, employees and agents
harmless from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said Plat approval and development. The Developer
sha1! indemnify the City and its officers, employees and agents for all costs, damages
or expenses which the City may payor incur in consequence of such claims,
including attorney's fees. Thi.id parties shall have no recourse against the City under
7
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713695
')ff/CE Of COUNTY RfCOfWc.h
WRr~H rCOUN r Y. r1lNNESOTA
r.E~TtF'IEO TO BF FILED
AMilnE f~rCUiiGro ON
00 JUL f 3 PH f: 00
MARCIA LAN lTO. CO.RfCORDER
B~. (\.I n' A: 64 ..Chief
'~~O(PUTY
$20.50 ck 1110970
RETURN TO: PILOT LAND DEVELOPMENT COMPANY
13736 NE JOHNSON ST
HAM LAKE MN 55304
CITY OF ALBERTVliLE DE'VELOPER'S AGREE~IENT
Cedar Creek South Fourth Addition
THIS AGREEMENT, entered into this t?V1Jt day of J U J1e , 2000 by and
between Pilot Land Development Company, Inc., refen'ed to herein as "Developer"; and the
CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City";
WITNESSETH:
\VHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, which
parcel(s) ofland are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar
Creek South Fourth Addition" and may sometimes hereinafter be referred to as the "Subject
Property" or "Said Plat"; and
WHEREAS, the City has given preliminmy approval of Developer's Development
Stage plan of Cedar Creek South Fourth Addition contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, municipal water, storm sewer and streets (hereafter
"Municipal Improvements") be installed to serve the Subject Propeliy and, further, to be
1
713695
,--
as the estimated high water elevation. When fIll is required to meet this
elevation, the fIll shall be allowed to stabilize and construction shall not begin
until the property has been approved by the Building Inspector or a professional
soils engineer.
F. 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 may occur for some lots located within Said Plat and that such
delay in capacity availability may also delay the issuance of building permits for
some lots within Said Plat.
10. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon completion of all construction work and
certification of completion by the City Engineer, shall dedicate all roads, road
right of ways, sewers and water mains to the City. Upon acceptance of
dedication, Developer shall provide to the City "As- Builts" of all sewers, water
mains, and roads. Acceptance by City of any dedication shall occur upon
passage of a resolution to such effect by the City Council.
~eveloper acknowledges and agrees that a total of .3 82 acres of park land (3.82
~res of residential land x .10) are required to be dedicated to the City under the
City's cunent park dedication ordinance, or the Developer must pay the City a
park dedication fee of $1,300.00 per buildable lot being platted. The Developer
and City agree that no park land is being dedicated within Said Plat. Developer
and City thus agree that the park dedication requirement shall be met via the
payment of$13,OOO.OO in cash to the City (10 lots x $1,300.00), minus any credit
for trail constmction and dedication which may be applicable from trails
constructed on other plats within the Master PUD. Developer shall make any
payments due to the City under this paragraph at such time as the City directs.
11. Indemnity. Developer shall hold the City and its officers, employees and agents
harmless from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said Plat approval and development. The Developer
shall indemnify the City and its officers, employees and agents for all costs, damages
or expenses which t4e City may payor incur in consequence of such claims,
8
712695
?-..
.,/
726629
RETURN TO:.
Pilot Land Development Co.
13736 Johnson Street NE
Ham Lake MN 55304
OF'f'ICt OF. CQvttTY. RECOROER
WRIGHT COUNTY. MINNESOTA
CERrlFIED TO BE FII.f.O
AND/OR REcnlUlEO O.!f
dO'OEe -$ PH 1100
$34.50 ck #5192 NS/CWI BG
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
Cedar Creek South Sixth Addition
THIS AGREEMENT, entered into this c7'-r7I1J.. day of N/) v.~ 2000 by and
between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the
CITY OF ALBERTVILLE, County of Wright, State of Nlinnesota, hereinafter referred to as
"City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, which
parcel(s) ofland are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar
Creek South Sixth Addition" and may sometimes hereinafter be referred to as the "Subject
Property" or "Said Plat"; and
WHEREAS, the City has given preliminary approval of Developer's Development
Stage plan of Cedar Creek South Sixth Addition contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, municipal water, stonn sewer (hereafter "Municipal
Improvements") be installed to serve the Subject Property and, further, to be fmanced by
Developer;
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within the Subject Property? which improvements consist of
paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete
1
726629
written documentation shall be subject to review and approval of the City
Attorney and filed with the Wright County Recorder's Office.
G. Developer shall obtain all required driveway, utility and other permits as required
by either the City Engineer and/or Wright County including, but not limited to,
obtaining access permits from the County for the two proposed townhouse pod
accesses to CSAH 18.
H. Developer shall guarantee that all new plantings as required by Exhibit C shall
survive for two full years from the time the planting has been completed or will
be replaced at the expense of the Developer.
11. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon completion of all construction work and
certification of completion by the City Engineer, shall dedicate all sewers and
water mains to the City. Upon acceptance of dedication, Developer shall provide
to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by
City of any dedication shall occur upon passage of a resolution to such effect by
the City Council.
~ Developer acknowledges that a total of .61 acres of park land (6.1 acres of land x
\:J .10) are needed under the City's current park dedication ordinance. The
Developer is not dedicating any park land with this plat. Developer shall meet its
park dedication requirements through the payment of $1,500 per residential unit
in this plat ($30,000, consisting of20 residential units times $1,500 per unit),
subject to offsets in favor of the Developer for excess park land dedicated in prior
plats and the cost of construction of trails built by Developer at the City's
direction. Developer shall make any payments due to the City under this
paragraph at such time as the City directs.
12.Indemnitv. Developer shall hold the City and its officers, employees and agents
harmless from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said Plat approval and development. The Developer
shall indemnify the City and its officers, employees and agents for all costs, damages
or expenses which the City may payor incur in consequence of such claims,
including attorney's fees. Third paIties shall have no recourse against the City under
this contract.
9
726629
769757
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$35.00 ck #29535 NsjcwrjBG
@ CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
Cedar Creek South Seventh Addition
THIS AGREEMENT, entered into this /cP,U day of Y~4l, 2001 by and
between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the
CITY OF A..LBERTY1LLE, County of\Vright, State of~Iinnesota. hereinafter referred to as
"City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, which
parcel(s) of land are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar
Creek South Seventh Addition" and may sometimes hereinafter be referred to as the
"Subject Property" or "Said Plat"; and
WHEREAS, the City has given preliminary approval of Developer's Development
Stage plan of Cedar Creek South Seventh Addition contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and.
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, municipal water, storm sewer (hereafter "Municipal
Improveme:J.ts") be installed to serve the Subject Property 3....l1d, fi..Irther, to be finfuiced by
Developer;
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within the Subject Property, which improvements consist of
paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete
Return _to:
1 Pilot Land Development Canpany
13736 Johnson Street NE
Ham Lake, MN 55304
./
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of the City that the surety be proportionately reduced for that portion of the
Municipal Improvements which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be billed to
the Developer. Such cost shall be paid to the City within thirty (30) days of
the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any surety as
follows:
1.
.,iuKZJi.~,i;E~I~'))!?f",~pg"sm"s",.,~, ,,,~~1R~..-,P'~
<~':.> off-site iIriproveinents have,been fuSta1led,' e e er ocre or sure
may be reduc~dbythe'd~f1aramount a.ttributa.bleio'i1iai'p()hi~'ii"bf0;;';'ii;V"i
improvements so installed, except that the City shall retain the letter of
credit or surety in the amount of 1 0% of the estimated construction
price of the 1vlunicipallmprovements during the first year of the
warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty
period.
111. As to all requests brought under this paragraph B, the City Council
shall have complete discretion whether to reduce or not to reduce said
letter of credit or surety.
B. The costs incurred by the City in processing any reduction request shall be billed
to the Developer and paid to the City within thirty (30) days of billing.
7.
A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees.
There are 5.4 acres in Said Plat. Therefore, the Sanitary Sewer Trunk Line Fees
for this plat would be $7,560.00 ($1,400.00 x 5.4 acres). However, per the
agreement outlined in Parkside 3rd Addition Developer's Agreement, paragraph
2, pages 2-5, the developer will be credited $900.00 per acre for the installation
of a sanitary sewer trunk line. Therefore, the Developer owes the City $2,700.00
6
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F. If a subdivision sign is desired by the Developer to identify the Cedar Creek
South Seventh Addition development, a sign plan shall be submitted for the
review and approval of the City Planner. Deed restrictions or other appropriate
documentation shall be provided to identify that the private homeowners
association shall be responsible for the maintenance of the grounds as well as the
subdivision sign in perpetuity. Said documents shall also provide a clause
allowing the City to remove the sign in the event that it is not maintained. The
written documentation shall be subject to review and approval of the City
Attorney and filed with the Wright County Recorder's Office.
G. Developer shall guarantee that all new plantings as required by J:;'xhibit C shall
survive for twofull-yearsfi.'oII}~tl}eJi111~tl1~pl~~g has been com leted .
.' be replaced at . the expense ()ftl1~.peY~JoPC?r:t+i'i;;~~;A
" '''. , '_.-- ,-";-." :"~;c;:-r;<~>,;.-~--;.>::.,,~,:!-;-.....-~~:'i,
H. Developer shall install street lights at Developer's expense of the type and in
locations as approved by the City Engineer.
11. Dedications to the Citv.
~-....,,-~.-.,.
A. The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon completion of all construction work and
certification of completion by the City Engineer, shall dedicate all sewers and
water mains to the City. Upon acceptance of dedication, Developer shall provide
to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by
City of any dedication shall occur upon passage of a resolution to such effect by
the City Council.
B. Developer acknowledges that a total of .54 acres of park land (5.4 acres ofland x
.10) are needed under the City's current park dedication ordinance. The
Developer is not dedicating any park land with this plat. Developer shall meet its
park dedication requirements through the payment of$1,500 per residential unit
in this plat ($37,500, consisting of25 residential units times $1,500 per unit),
subject to offsets in favor of the Developer for excess park land dedicated in prior
plats and the cost of construction of trails built by Developer at the City's
direction. Developer shall make any payments due to the City under this
paragraph at such time as the City directs.
12.Indemnitv. Developer shall hold the City and its officers, employees and agents
harmless from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said Plat approval and development. The Developer
9
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CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
'Cedar Creek North
THIS AGREEMENT, entere,d in~o this ;:3Of'hday of June, 1998 by and betV.reen
Pilot Land Development Company~,Inc., referred to herein as "Developer"; and the CITY
OF ALBERTVILLE, County ofWi'ight, State of Minnesota, hereinafter referred to as
"City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, which
parceJ(s) ofland are proposed to be 'subdivided and platted for development, and which
subdivision. which is the subject of this Agreement, is intended to hear the name "Cedar
Cl'eek North" and may sometimes hereinafter be referred to as the "Subject Property" or
II Said Plat"; and '
eft '
WHEREAS, the City has gitdn preliminarY appl'oval ofDevelopel.Js Development
Stage plan of Cedar Creek North contjngent upon cornp1ial~cewith certain Ci~
requirements including. but not lim;ted to, matters setforth herein; and'
}~~
\.i ,
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading. sanitalY sewer, lnWlicipal water. storm sewer and streets (hereafter
"Municipal Improvements") be ills:talled to serve the Subject Property an~ :further, to be
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5. Surety Requirements.. Developer will provide the City with an irrevocable letter of
credit (or other surety as appr~~9 by the City Attorney) as security for the obligations
of the Developer required to be perfonned under this contract, Said letter of credit or
surety shall be in the arnOlmt 6f$697,000,OO representing 100% of the estimated
remaining cost of the insta1lat~on of the Municipal Improvements. Said letter of credit or
snrety must meet the approval of the City attorney as to form and issuing bank. If a
bond is used for up to 25% of the surety amount, said bond shall be in an amount at least
1.5 times the percentage ofule required surety which the bond represents. No bond,
letter of credit or other monetary:surety is required to secure construction of the on and
off-site improvements. However. the parties understand and agree that a certificate of
occupancy will Jlot issue on arty particular lot until an on and off-site improvements
necessary to that lot are constructed (subject to paragraph 2E of the Master Agreement),
F;\ :.::::~~:::;::~: ~::l~ ::e:::d.:::: ::::~:~:am~sewer
\:.J Trunk Line Fee Ordinance requires the Developer to pay $,1,400.00 per acr;e in sanitary
sewer tlunk line fees. There are(!3S.27 acres in Saic;l Plat. However. per ~he agreement
outlined in Pal'kside 3rd Additiori~Developer's Agreement, paragraph. 2, pages 2-5, the
developer will be credited $90p. 60' per acre for the installation of a sanitary sewel'trunk
line. Therefore, the Develope,r shall be required to pay....$l.7,63.S.00 ($500.00 x 35.27
acres). Developer will pay sai?;,fee prior to the release of'ilie tiniI plat by the City.
. . .tr
7, Erosion and Siltation Controi~' Before any grading is started on any site. all erosion
control measures as shown on t;he ~ppTovederosion COt~trql plan shall be strictly
complied with as set forth in tl;1e 'attached Exhibit B. Developer shall also install all
erosion control meaSLU'es deemed necessary by the City Engineer should the erosion
control plan prove inadequat~.inmi.y respect.
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8. Ditch Cleaning. Developer shiijl comply with all requirements set forth for drainage
into any county ditch or other ditch through which .wat~r from Subject Property may
drain, and shall make any necessalY i'mprovementsorgo't,hrough any nec~,ssaty
procedures to ensw'e compliail(;~ With any legally ~nfo*ceablefedera.1. state; county or
city requirements. all at Develop~T's expense. The City may elect to (but shall not be
required to) refund to the Devel~er expenses incurred by Developer for machine
operator time spent cleaning the ditch beyond the boundaries of Said Plat
f
9. Miscellaneous.
A. This Contract shall run 'Vith tbe land and shall be r~corded against the title to the
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10. Dedications to the City.
,
A. The Developer, upon plfes~n,tation to the City of evidence of good and marketable
title to S.ubject PropertY', a,neJ upon completion of all construction work and
certification of completion tiy the City Engineer, shall dedicate all roads, road
right of ways, sewers and. water mains to the City. Upon acceptance or
dedication, Developer shall provide to the City "As-Builts" of all sewers, water
mains, and roads. Acceptance by City of any dedication shall occur upon
passage of a resolution to, such effect by the City Council.' '
t;\ Developer acknowled~e.lth8t a total of3.S27 acres of park land (35.27 acres of
\.:J land x .10) are needed under the City's current park dedication ordinance. The
Developer is dedicating 7.97 acres of park land this plat. leaving a credit of 4.443
acres of excess park land, This excess acreage shall be credited to Developer on
future plats. 0;" '
0. evel~per must prOvide. '~.ai...l easements and construct trails on Sai~ Plat as
ollows: .
~ . ~ 1
1. An eight (8) fooftrflil:on Karston Avenue from County State Aid Highway
37 to thesouthem bor~eT of Said Plat. and an eight (8) foot trail stubbed to the
west to 63 cd Street. as'shown on the attached Exhibit C.
\ "; ~
2. A fourteen (14) tr~i1 i~ Outlot C of S~id Plat for emergency aDd trail access
at the end of Karston Court, as shown on the attached Exhibit C.
..
Trail installation costs wiU b~ 9'edited toward Developer's park dedication
l'equirements (and credited to fUture plats if said costs exceed the amount of park
dedication money the Deve1pp~r owes as a result of this plat). except the fow1een
(14) foot trail referred to inSpanlgraph IO(C)(2), the cost of which shall not be
credited toward Developer'S park dedication requirements. All trails must be
constrUcted to standards as set forth by the City Engineer in conformance with the
intent of the City's Comprehensive Park and Ti-aiiSystem Plan. Trail credits
referred to in tIus paragraph shall be the sum of the construction cost of said trail plus
5% for engineering and ad1ll~n~stration.
,\ '\ ;
1 L Model Home Provisions~' ;r::Developer is allowed to consttuct and maintain. model
homes from the date of die City's adoption of this Agreement. subject to the
following tenns and conditions: . , .'" , I
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666769
~fflCEor COtJNT Y R(COROER
Wl?lGH r CO UN n. MltiNE so r A
GfflT1rH~{} TO Be filED
J~HDiqq.ii!:COHDf.O ON
99 JANII PM 4: 06
MARCIA LANTTO. CO.RECORDER
.~' ~ fw. cHlct="
8 .' ~ L . OEPUTY
.1;/ t'5D Ju# i ~:/l~ CC~V ~)
CITY OF ALBERTViLLE DKVELOPER'S AGREE~IENT
Cedar Creek North Second Addition
THIS AGREEMENT, entered into this !:(/ S-T daY~t'~99.ibY and
between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the
CITY OF ALBERTVILLE, COlillty of Wright, State ofiVfinnesota, hereinafter referred to as
"City";
WITNESSETH:
'VHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, which
parcel(s) ofland are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar
Creek North Second Addition" and may sometimes hereinafter be referred to as the "Subject
Propelty" or "Said Plat"; and :
WHEREAS, the City has given preliminary approval of Developer's Development
Stage plan of Cedar Creek North Second Addition contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitmy sewer, municipal water, stOlID sewer and streets (hereafter
"Municipal Improvements") be installed to serve the Subject Propelty and, further, to be
~ ~ tLJ~ ."j/-I-Ie-
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1
-666769"
//
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complies. Upon the City's demand, the Developer shall cease work until there is .
compliance.
C. Prior to the execution of this Agreement and prior to the start of any construction
on the Subject Property, Developer shall provide the City With evidence of good
and marketable title to all of Subject Property. Evidence of good and marketable
title shall consist of a Title Insurance Policy or Commitment from a national title
insurance company, or an abstract of title updated by an abstract company
registered under the laws of the State of Minnesota.
D. Developer shall not place any structure at an elevation such that the lowest grade
opening is less than two feet above the highest known surface water level or
ordinary high water level or less than one foot above the 1 DO-year flood level of
any adjacent water body or wetland. If sufficient data on high water levels is not
available, the elevation of the line of permanent aquatic vegetation shall be used
as the estimated high water elevation. \Vhen fill is required to meet this
elevation, the fIll shall be allowed to stabilize and construction shall not begin
until the property has been approved by the Building Inspector or a professional
soils engm' eer. I
!
F. 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.
10. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon completion of all construction work and
certifIcation of completion by the City Engineer, shall dedicate all roads, road
right of ways, sewers and water mains to the City. Upon acceptance of
dedication, Developer shall provide to the City "As-Builts" of all sewers, water
mains, and roads. Acceptance by City of any dedication shall occur upon
passage of a resolution to such effect by the City Council.
~eVeloper acknowledges that a total of 0.5 acres of park lari'd (5 acres ofland x
~O) are needed under the City's current park dedication. The Developer is not
dedicating any park land with this plat. Developer shall meet its park dedication
requirements through the payment of t1...'" oOJ1er residential lot platted in this plat,
subject to offsets in favor of the Developer for excess park land dedicated in prior
plats and the cost of construction of trails built by Developer at the City's
5
666769
//
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11.
12.
13.
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direction. Developer shall make any payments due to the City under this
paragraph at such time as the City directs.
Indemnity. Developer shall hold the City and its officers, employees and agents
harmless from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said Plat approval and development. The Developer
shall indemnify the City and its officers, employees and agents for all costs, damages
or expenses which the City may payor incur in consequence of such claims, ,
including attorney's fees. Third parties shall have no recourse against the City under
this contract.
Assignment of Contract. The obligations of the Developer under this Contract
cannot be assigned without the express written consent of the City Council through
Council resolution.
Agreement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By \)~ ~"\ I
~~
Its Clerk '
PILOT LAND DEVELOPMENT
COIYfP NY, C
By; ent Roessler
Its President
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
6
666769
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723644
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RETURN TO:
PILOT LAND DEVELOPMENT CO
13736 JOHNSON ST NE
FJU~ LAKE MN 55304
tf'f~e! or eoo,.rv RECOROQ
'WRIGllT COJlti, TV. MINNESOTA
'CfRTlFIr;.O TO BE rILED
ANO/OR RECORHEO Oil
00 NOV -2 AM 8: 30
$19.50 CK '#5169 BG
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
Cedar Creek North Third Addition
THIS AGREEMENT, entered into this ~Ih day of o~dw, 2000 by and
between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the
CITY OF ALBERT\t1LLE, COWlty of Wright, State of!vlinnesota, hereinafter referred to as
"City" ;
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, which
parcel(s) of land are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar
Creek North Third Addition" and may sometimes hereinafter be referred to as the "Subject
Property" or "Said Plat"; and
\VHEREAS, the City has given preliminary approval of Developer's Development
Stage plan of Cedar Creek North Third Addition contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, municipal water, storm sewer and street,; (hereafter
"Municipal Improvements") be installed to serve the Subject Property and, further, to be
financed by Developer;
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within the Subject Property, which improvements consist of
boulevards, top soil and sod, grading control perlot, bituminous or concrete driveways,
, .' ,
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723644
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B. 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 the plat does not comply, the City may, at its option, refuse
to allow construction or development work in Said Plat until the Developer so
complies. Upon the City's demand, the Developer shall cease work until there is
compliance.
B. Prior to the execution of this Agreement and prior to the start of any construction
on the Subject Property, Developer shall provide the City with evidence of good
and marketable title to all of Subject Property. Evidence of good and marketable
title shall consist of a Title Insurance Policy Or Commitment from a nationaltitIe
insurance company, or an abstract of title updated by an abstract company
registered under the laws of the State of Minnesota.
C. Developer shall not place any structure at an elevation such that the lowest grade
opening is less than two feet above the highest known surface water level or
ordinary high water level or less than one foot above the 100-year flood level of
any adjacent water body or wetland. If sufficient data on high water levels is not
available, the elevation of the line of permanent aquatic vegetation shall be used
as the estimated high water elevation. When fIll is required to meet this
elevation, the fIll shall be allowed to stabilize and construction shall not begin
until the property has been approved by the Building Inspector or a professional
soils engineer.
F. The Albertville City Council reserves the right to allocate wastewater treatment
capacity in a manner it fmds to be in the best interests of the public health, safety
and welfare.
10. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon completion of all construction work and
certifIcation of completion by the City Engineer, shall dedicate all roads, road
right of ways, sewers and water mains to the City. Upon acceptance of
dedication, Developer shall provide to the City "As-Builts" of all sewers, water
mains, and roads. Acceptance by City of any dedication shall occur upon
passage of a resolution to such effect by the City Council.
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0-eveloper acknowledges that a total of 1.27 acres of park land (12.67 acres of
l/~d x .10) are needed under the City's current park dedication. The Developer is
not dedicating any park land with this plat. Developer shall meet its park
dedication requirements through the payment of -.s l,~ per residential lot platted
in this plat, subject to offsets in favor of the Devefoper for excess park land
dedicated in prior plats and the cost of construction of trails built by Developer at
the City's direction. Developer shall make any payments due to the City under
this paragraph at such time as the City directs.
11. Indemnity. Developer shall hold the City and its officers, employees and agents
harmless from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said Plat approval and development. The Developer shall
indemnify the City and its officers, employees and agents for all costs, damages or
expenses which the City may payor incur in consequence of such claims, including
attorney's fees. Third patties shall have no recourse against the City under this contract.
12. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage which may
occur to public property including but not limited to streets, street sub- base, base,
bituminous sUlface, 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 and/or utility systems 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. Developer further agrees that
any damage to public property caused by Developer, its agents or employees, will be
repaired immediately if deemed to be an emergency by the City. Developer further
agrees that any damage to public property caused by Developer, its agents or
employees, will be repaired within 14 days if not deemed to be an emergency by the
City.
If Developer fails to so clean t~e streets or repair or maintain said public property,
the City may undertake making or causing it to be cleaned up, repaired or
maintained. When the City undertakes such activity, the Developer shall reimburse
the City for all of its expenses within 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
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~~-11-1~~~ ~~:~4~M FROM Couri & MacArthur
TO
...-"
MEMORANDUM -.
TO: LINDA GOEB
FROM: MIKE QOUR!. CITY ATTORNEY
SUBJECT: CEDAR CREEK SOUTH PARK DEDICATION FEES.
DATE: AUGUST 10, 1998
7574094 P.02
Pilot Land Development has a park dedication..credit from Cedar Creek North of
approximately 4.5 acres created by the dedication ofa~.1-acre park. . In addition, Pilot is
installing approximate~y $45,000 in trails in Cedar Creek North. Both the 4.5 acres in land
and the approximately $45,000 in trails are to be credited against futUre plats, including
Cedar Creek SoutlL .
Accordingly, I rec9mmend that Pilot not pay any park-dedication fees for Cedar Creek
South. Approximately ~ of an acre of the 4.5 acre land aedit from CCN will be applied in
fun satisfaction of the residential park dedicationreq~ent in CCS.Because Pilot will
be due a credit of approximately $45,000 upon completion of the trails -in Cedar Creek
North, I believe it would be best that we use the $13,122.81 park dedication due with the
golf course portion ot the development to offset agajnsfthe estimated $45,000 from trail
construction.
Finally, we need ~ set up a spread sheet detailing. all park dedication amounts (both
land and cash) dedicated to date and also accounting fortrail construction and the $1,955
owed by the City to iI'ilot for topographical work done in Oaks ide Park. I have some
thoughts on how that can be setup-please call me if you nave any questions. Thanks.
1
C:\mikc\ALBERT\GENERAL\Memosladmini8f.r8t.or memo is.doc
. .
TOTAL P.02
Form No. 120-M (1031)
MIIf.,.O.""S Co.. Mlnn..aoH, (1Q.J...&el
""'n".:2ol. Un.'orm Conv"Yanct,,? 8Jantl:2 ~t9a&l
HECEIPT A1"TD WAIVER OF iYIECHA1'fIC'S LIEN RIGHTS
Dated; /() ~ 7 ,19!i.2
The unders~gned her~by acknowledges receipt of the sum of $
CHECK ONL ~ .
1) ~ a~partt:il payment for labor, skill and material furnished
.3 7. q 7Y./r.o
.
2) D as payment for. all labor, skill and material furnished or to be funished (except the sum of
$ &:e. retainage or holdback)
~'- .
:.3) ~ as full and final payment for all labor, ski][ and material furnished or to ue furnished
trJ the following described real property: (legal description, street address or project name)
~ ..e 17 t.L-V () tl i 5 .J- Jt. tf. ft lJ. 1> /J .
(f/'1mt ~s)
nnd fo, value received hereby waives all rights acquired by the uodersigned to file or record mechanic's liens
=.::;s:-:st said real propert-.f for lacor, skiil or ::1u:cdal fur:-:is~ed to said real prGper:y (Drily for the amount paid. if
Box 1 is checked, and. except for retaina;;;e shown if Box 2 is checked). The undersig::ed. affi.:-:ns that all materiul
furnished by the uodersigned has been paid. for, acd all subcontractors employed by the undersigned have been
i1:lid in full, EXCEPT:
':-;OT:::: If this instrument is executed by a cor.
poration, it must be signed by an of-
ficer, and if executed by a pnrtnership,
it must be signt>d by a partner.
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