1996-07 Agreement Allowing Early Construction
AGREEMENT ALLOWING EARLY CONSTRUCTION OF MODEL HOMES
CITY OF ALBERTVILLE
CENTER OAKS THIRD ADDITION
THIS AGREEMENT, entered into this day of July, 1996 by and between
Pilot Land Development Company, Inc., collectively referred to herein 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 of land
described in Exhibit "A", attached hereto and incorporated herein by reference, a portion of
which parcels of land are proposed to be subdivided and platted for development as "Center
Oaks Third Addition" and may sometimes hereinafter be referred to as the "Subject Property;"
and
WHEREAS, the City has given preliminary approval of Developer's plat 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 normally requires that property be finally platted and certain
public improvements including, but not limited to, grading, sanitary sewer, water, storm
sewer, curb and gutter, and streets (hereafter "Municipal Improvements") be installed to serve
the Subject Property prior to the commencement of construction of homes on the Subject
Property; and
WHEREAS, the Developer has requested that it be allowed to begin construction on 3
model homes on the Subject Property prior to final platting; and
WHEREAS, the Developer has already installed utilities and a base course of
bituminous street abutting the lots upon which Developer requests permission to build model
homes; and
WHEREAS, the City has agreed to allow construction of said model homes subject to
the terms contained in this agreement;
1. Developer shall be allowed to construct 5 model homes, one home each to be
constructed within the confines of Lots 1 and 2, Block 1, and Lots 12, 13 and 14,
Block 4, respectively, as shown on the Center Oaks 3rd Addition Preliminary Plat as
approved by the City and on file with the City Clerk.
2. Said model homes shall be constructed at elevations of no less than feet
above sea level, and each home must be constructed such that the foundation grade of
each home (as measured from the top of the garage floor) is at least 18 inches above
the top of the curb. If the foundation grade to curb differential is less than 18 inches,
Developer will raise the entire home as necessary (at Developer's expense) to achieve
said 18 inch differential. Developer shall not modify the height of the curb without the
prior written permission of the City.
3. Developer shall bear all expenses related to the street abutting said model home lots
and its maintenance until such street is dedicated to the public and accepted by the
City. Developer shall post "private drive" signs as required by the City on all roads
referred to above prior to beginning construction of model homes. Said signs shall
remain in place and in good repair until said roads are dedicated to the City.
4. Developer agrees not to use any of the homes as a model home open to the general
public until Developer has received a limited occupancy permit from the City. The
limited occupancy permit shall issue at the discretion of the building inspector, but
under no circumstances shall it be issued for any home if any unfinished portion of the
home presents a safety hazard.
5. Developer shall provide the City with proof of general liability insurance insuring
against personal injury or other damage to the general public as a result of the showing
of said homes while under a limited occupancy permit. Said insurance shall be in an
amount and form acceptable to the City Attorney and shall be provided prior to the
issuance of building permits for said model homes. Developer shall not show said
homes to the general public until said proof of insurance has been provided to the City.
6. Developer agrees to indemnify the City for all expenses incurred (including attorney's
and other professional fees) or monies paid as a result of any claims made against the
City by any third parties, where such claims arise in whole or in part from the
construction, showing or existence of said model homes. Developer also agrees to
indemnify and hold the City harmless from any and all claims of Developer,
Developer's employees, agents, contractors or assigns which are in any way related to
the construction or showing of said model homes.
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7. Developer understands that it is constructing homes prior to receiving final plat
approval from the City, and that Developer shall bear all expenses and risk associated
with such activity. Should said model homes need to be moved, removed, rebuilt or
otherwise reworked in order to conform to the final plat requirements as well as all
other subdivision and zoning requirements in the City, Developer shall voluntarily
undertake such corrective action at its own expense to bring said homes into
compliance with the applicable final plat, subdivision or zoning ordinances.
Developer shall not be granted variances from said subdivision or zoning requirements
for the purpose of conforming the model homes to the existing zoning or subdivision
ordinances.
8. The City reserves the right to deny approval of the final plat of the Subject Property
for any valid reason.
9. Developer shall provide the City with an as-built elevation survey for each model
home. Said survey shall delineate the height of the foundation grade of each home (as
measured from the top of the garage floor) and the height of the top of the curb. No
occupancy permits shall be issued until said surveys are provided to the City.
10. If municipal water and sewer are not in service during the showing of said model
homes, Developer shall provide bottled water in each model home and shall make
available on site a satellite toilet at all times during the showing of said homes.
11. Developer may not sell or otherwise convey any of said model homes until the final
plat of the Subject Property has been approved by the City and recorded, and until a
final occupancy permit has been issued by the City.
12. Should Developer fail to obtain final plat approval from the City for the Subject
Property by November 30, 1999, Developer shall remove the model homes by January
31,2000.
13. Developer agrees to keep any and all City streets clean which are used as access points
for construction equipment engaged in the construction of the model homes.
14. Developer shall pay all City costs incurred in preparing this agreement, and shall pay
any and all City costs, including attorney's fees and other professional fees, which may
be incurred by the City in enforcing this agreement.
15. This agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
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Dated:
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
DEVELOPER,
PILOT LAND DEVELOPMENT
COMPANY, INe.
By Kent Roessler
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instnunent was acknowledged before me this day of
, 1998, by Mark Olson, as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 1998, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
NotaIy Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 1998, by Kent Roessler, as President of Pilot Land Development
Company, Inc.
NotaIy Public
Drafted by:
Couri & MacArthur Law Office
705 Central Ave. E.
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P.O. Box 369
St. Michael, MN 55376
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