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1998-07-24 Development Agreement " '''', / / / / / CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT Center Oaks Third Addition TIllS AGREEMENT, entered into this ~daY of Vii t- Y , 1998 by and between Pilot Land Development Company, Inc., referred to herein 3s "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 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 "Center Oaks Third Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plaf'; and WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Center Oaks 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, stonn sewer and streets (hereafter "Municipallmprovements") be installed to serve the Subject Property and, further, to be 1 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 boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, 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; and WHEREAS, the City and Developer have previously entered into a Developer's Agreement titled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") under which the City granted concept plan approval to the plan for the area covered by said Master Agreement; and WHEREAS, the City and Developer desire to supplement the Master Agreement with the site specific details applicable to Center Oaks Third Addition, as evidenced by the execution of this Agreement; and WHEREAS, the City and Developer desire to have this Agreement and the Master Agreement read together as if the entire Master Agreement were recited herein; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Concept Plan Master Agreement. A. That certain Developer's Agreement entitled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") between Pilot Land Development Company, Inc. and the City of Albertville, dated February 27, 1998 is hereby incorporated herein the same as if the text of said Agreement were contained within this document. B. It is the intent of the parties that this Developer's Agreement ("Developer's 2 Agreement") supplement the Master Agreement as to the specific development issues related to Center Oaks Third Addition, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the Center Oaks Third Addition. In the event of a conflict between the terms of the Master Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within Center Oaks Third Addition, but any such conflicts shall not alter the terms of the Master Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Master Agreement. 2. Construction of Municipal Improvements. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Center Oaks Third Addition, as prepared by Meyer-Rohlin, Inc. dated June 10, 1998 (as revised on July 8, 1998) as on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, storm water ponding, site grading, curb and gutter, paved streets and cul-de-sacs at the terminus of 53rd Street and the western terminus of Kahler Drive. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 1998, with the wear course of bituminous pavement to be installed after May 15, 1999, but before June 30, 1999. 3. Construction of On- and OfT-Site Improvements. Developer shall construct all on- and off-site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod in all front and side yards, at least one tree in the front yard, grass seeding in back yards, grading control per lot, bituminous or concrete driveways, drainage swales, benning, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Said on- and off- site improvements shall be installed no later than October 31, 2001, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Subject Property. 4. Intended Use of Subdivision Lots, Requirements. It is the Developer's and City's intent that single-family detached dwelling units are to be constructed on the lots within Said Plat (one unit on each lot). Developer agrees that it shall not construct any units other than said single-family detached dwelling units on the land in Said Plat. Lots located in Said Plat may have varying front yard setbacks, provided that no front yard setback may be less than thirty (30) feet. The final plat must show the minimum front yard setbacks and these setbacks must remain in force throughout the life of the Planned Unit Development. Finally, Developer must provide one (1) deciduous or coniferous 3 tree per lot within Said Plat. 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 $225,000 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. 6. Sanitary Sewer Trunk Line Fees. 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 15.05 acres ofland in Said Plat (excluding outlots A and B). 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 prior to the installation of a sanitary sewer trunk line. Therefore, the Developer shall be required to pay $7,525.00 ($500.00 x 15.05 acres). Developer will pay said fee prior to the release of the fmal plat by the City. 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 into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any legally enforceable federal, state, county or city requirements, all at Developer's expense. The City may elect to (but shall not be required to) refund to the Developer expenses incurred by Developer for machine operator time spent cleaning the ditch beyond the boundaries of Said Plat. 4 9. Miscellaneous. A. This Contract shall run with the land and shall be recorded against the title to the property (or shall be recorded via a short-form companion document referencing this Agreement). Upon the Developer's request the City will execute and deliver to the Developer a release discharging Developer's obligations under this Agreement, provided the Developer has completed all work and met all obligations required under this Contract, and after expiration of the warranty period. 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. 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 comply with all legally enforceable water, ponding and wetland related restrictions as contained in the November 18, 1997 letter from the Wright County Soil and Water Conservation District (said letter is on file with the City Clerk). E. 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. 5 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-Boots" 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 and agrees that a total of 1.51 acres of park land (15.05 acres of residential land x .10) are required to be dedicated to the City under the City's current park dedication ordinance, or the Developer must pay the City a park dedication fee of$I,300.00 per buildable lot being platted. The Developer is not dedicating any park land with this plat, but Developer does have a credit of .35 acre from the platting of excess park land with the Center Oaks Second Addition Plat. Said.35 acre of park dedication credit satisfies 23.2% of Developer's park dedication requirements on Said Plat, leaving 76.8% of park dedication to be satisfied by Developer. Developer and City thus agree that the park dedication requirement shall be met via the payment of $39,936 in cash to the City (40 lots x $1,300.00 per lot x 76.8% of remaining park dedication). This amount shall be paid to the City within 45 days of completion of construction of the trails installed as part of the Center Oaks Second Addition plat construction, but said amounts shall be offset by any park dedication credits available from prior plats as a result of the construction of trails on said prior plats, provided said credits have not been offset against other park dedication amounts owed by Developer. C. Developer shall, via written notice, inform any prospective purchasers of lots abutting said trails of the proposed trails on the City's trail plan prior to the sale of said lots to the prospective purchasers. 11. Plant Capacity. The City reserves the right to allocate wastewater treatment plant capacity in a manner it finds to be in the best interests of the public health, safety and welfare. 12. 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 6 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. 13. 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. 14. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) ~The foregoing instrument was acknowledged before me this 2 7,6( day of , 1998, by Mark Olson, as Mayor of the City of Albertville, a ota mumcIpal corporatIon, on behalf of the CIty and pursuant to the authority of the City Council. MICHAEL C. COllRI NOTARY PUBUC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31. 2000 /hJJc~ Notary Public 7 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) /' /the foregoing instrument was acknowledged before me 1his ;JP day of r/I/ 1998, by Linda Goeb, as Clerk of the City of Albertville, a sota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) MONICA R. BROWN NOTARY PUBUc-MINNESOTA SHERBURNE COUNTY My Commission Expires Jan. 31,2000 1 .,,,..{} The foregoing instrument was acknowledged before me this ~ 1 iU day of 1998, by Kent Roessler, as President of Pilot Land Development G24/ Q- PATRICIA PRAIT Notary Public NOTARYPU8UC. MIIJIUOTA "'Comm. !lip."'. 81. aooo C DRAFTED BY: Couri & MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 8 EXHIBIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Center Oaks Third Addition Plat): Lots 1 and 2, Block 1 Lots 1 through 18, Block 2 Lots 1 through 6, Block 3 Lots 1 through 14, Block 4 Outlots A and B All said property in Center Oaks Third Addition, City of Albertville, County of Wright, Minnesota. \ ~ , ... ~ .. <'<I /.1 ,.~ 5: i ( ~ ~ t:l I ~ ~ < i 25u ti~ ~~ ~g ~UJ .... :-:=~~~:~~i:;?;\::'.~'~ ~ (I I ~N, ...:-';":';:;;-:" VJ:' ,~ ) ',~" ~ .~_. '---'.._ /\ ~i ~~.u . ~I ~ _./ . \ .:~ :,'11.... ~ f '. I;,' .)'....;;. IlII( ci 1 I i !\ -/ j ~ 0 ~~: .~ 1 ' " . ~ I I ~,. "'I i!, ~il \ ,l t . ~... II Oili ~':'4~ ti _.,,- t.... .. J 'I } ~.~ ~ ., , ~:: !Ie" III if' h !c · t Iii t 'll 0 It _. 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