1999-04-27 Development Agreement
.
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
Center Oaks Fourth Addition
THIS AGREEMENT, entered into this 21'f11 day of Avv-i I . 1999 by and
between Pilot Land Development Company and Center Oaks,~tively 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, 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 Fourth 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 Center Oaks 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 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 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 Fourth 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 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
Agreement") supplement the Master Agreement as to the specific development
issues related to Center Oaks F ow1h Addition, aild 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 Fow1h 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 Fow1h 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 Fow1h Addition, as prepared by Meyer-RoWin, Inc.
dated April 15th, 1999, as on file with the City Clerk, said improvements to include
installation of water mains, sanitary and storm sewers, site grading, curb and gutter, and
paved streets. 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 31st,
1999 with the wear course of bituminous pavement to be installed after May 15, 2000,
but before June 30, 2000.
3. Construction of On- and Off-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, berming, 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 st, 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.
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 $98,500.00 representing 50% 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 15.3 acres in Said Plat. 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 $7,650.00 ($500.00 x 15.3
acres). Developer will pay said fee prior to the release of the final 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 _' 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.
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 18th, 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 I 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. 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 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.
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.
,
B. Developer acknowledges and agrees that a total of 1.53 acres of park land (15
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 $1,300.00 per buildable lot being platted. The Developer
is constructing and dedicating trails as shown on Said Plat. Trail construction
and dedication costs shall be credited to Developer as provided in subparagraph
1 O( c) below. Developer and City thus agree that the park dedication requirement
shall be met via the payment of $42,900.00 in cash to the City (33 lots x
$1,300.00), minus any credit for trail construction and dedication as provided in
subparagraph 1 O( c). Developer shall make any payments due to the City under
this paragraph at such time as the City directs.
C. Developer must provide trail easements and construct trails on Said Plat, as
shown on the attached Exhibit --.CL. Said trails shall be installed with the
Municipal Improvements, and Developer shall, via written notice, inform any
prospective purchasers of lots abutting said trails of the existence of said trails
prior to the sale of said lots to the prospective purchasers, unless said trails are
fully constructed prior to any such sale. Trail dedication and 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). 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.
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 incuned resulting fi-om 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.
12. Assignment of Contract. The obligations of the Developer Wlder this Contract
cannot be assigned without the express written consent of the City COWlcil through
COWlcil resolution.
13. Agreement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
B
Bent Roessler
Its President
By nt Roessler
It Er.eBtdrot ~
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this V day of
~ ' 1999, by John Olson, as Mayor of the City of Albertville, a
es6ta municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
~&!a~
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
e foregoing instrument was acknowledged before me this 2 r4 day of
, 1999, by Linda Goeb, as Clerk of the City of Albertville, a
esota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
mdJ t:C-/
NotaIy Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
MICHAB. C. COLIRI
IIJTMY PUBLJC.MlNNESOTA
HENNEPIN COUNTY
My CommIssion Expires Jan. 31. 2000
~-
The foregoing instrument was acknowledged before me this cP,//I/ day of
::1r '23J by Kent Roessler, as President of Pilot Land Development
Com ::: ~~PAl y;;:J:ntGZ;
".,-.. .1;N'.NWH>NVN'rtN\N'.~ N P bl'
~b.'~~'?~ PATRICIA PRATT ~ otary u IC
~J~~ NOTARY PUBLIC - MINNESOTA
~.....,~ My Comm. Exp. Jan. 31,2
DRAFTED BY:
Couri & MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
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