2004-12-22 Recorded PUD Agreement
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Doc. No. A 940358
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
12-22-2004 at 03:00
Check I: 109495 Fee: $ 40.50
Payment Code 02
Add!. Fee NS
Larry A. Unger, County Recorder
CITY OF ALBERTVILLE
pLANNED UNIT DEVELOPMENT AGREEMENT
pRAIRIE RUN
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THIS AGREErvtENT, entered into this I Co \ day of -\-uJ~ ' 2004 by and
between GOLD KEY DEVELOPMENT, INC., a Minnesota Carpor . n, referred to herein
as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota,
hereinafter referred to as "City"~
WITNESSETH:
WHEREAS, Developer, Robert C. Heuring and Christine A. Heuring are the fee
owners of the real property described in the attached Exhibit A, which is the real property is
proposed to be subdivided and platted for development, and which subdivision, which is the
subject of this Agreement, is intended to bear the name "Prairie Run" and shall hereinafter
be referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, this Agreement shall apply to the Subject Property which is owned in
fee by Developer which is legally described as follows (after the filing of the Prairie Run
Plat):
Lots 1-15, Block 1
Lots 1-38, Block 2
Outlot A
All said property in Prairie Run plat, City of Albertville, County of Wright, Minnesota.
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EXHIBIT
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WHEREAS, this Agreement along with the separate Planned Unit Development
Agreement for Prairie Run signed by Robert C. Hooring and Christine A. Heuring and the
City is intended to govern the respective rights of the parties with regard to Said Plat.
WHEREAS, Developer intends to subdivide 33.7 acres into 53 single-family
residential lots for purposes of constructing 53 new single-family residential units; and
WHEREAS, approval of a Planned Unit Development is required to allow for the
aforementioned subdivision proposed by Developer; and
WHEREAS, the City has given final approval of Developer's plat of Prairie Run
contingent upon compliance with certain City requirements including. but not limited 10,
matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to bituminous street, sidewalk, curb and gutter, grading, drainage, sanitary sewer,
municipal water and stonn sewer and drainage ponds (hereafter "Municipal
improvements") be installed to serve the Subject Property and be fmanced by Developer;
and
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within Said Plat, which improvements consist of paved streets,
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
parking lot, drainage swales, benning, streel 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 covenants of
the parties concerning the development of the Said Plat and the conditions imposed thereon:
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
I. Planned Unit Development. Development of Said Plat shall be as a Planned Unit
Development with flexibility from the strict requirements of the City's Zoning
Ordinance in relation to minimum lot sizes, lot widths and set-back requirements.
Unless otherwise explicitly set forth in this Agreement, however, Developer must
conform to the requirements of the R-IA zone of the Albertville Zoning and
Subdivision Ordinance, as well as all other applicable land use regulations.
Developer agrees that the following conditions will be met on a continuing basis:
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A. All lot sizes and widths shall be as shown on the final plat attached as Exhibit B
to this Agreement.
B. Setbacks may deviate from the R-IA zoning district as follows:
1. For Lots 1-15, Block 1 and Lots 14~38, Block 2, the following
minimum building setbacks shall be observed:
Front Yard: 30 feet
Side Yard: 10 feet
Rear Yard: 25 feet
11. For Lots 1~13, Block 2, the following minimum building setbacks
shall be observed:
Front Yard:
Side Yard:
Rear Yard:
17 feet from the private street
10 feet
2S feet
C. All grading, drainage, utility, wetland mitigation, and transportation issues thaI
arise during development of Said Plat shall be subject to review and approval by
the City Engineer.
D. Trees, shrubs, berms and screening are to be planted and installed as shown on
the landscape plans attached as Exhibit C. The Developer shall guarantee that all
new plantings shall survive for two full years from the time the planting has been
completed or will be replaced at the expense of the Developer.
E. Prior to the sale of any lol(s) within Said Plat, Developer shall provide the City
with a copy of the sales literature identifying the required thirty (30) foot wetland
setback building restrictions and the location of all sidewalks. Developer agrees
that the aforementioned sales literature will be distributed to all potential iot
buyers within Said Plat prior to the sale of any of said lots by Developer.
F, Other Use Restrictions. On all lots within 30 feet of any wetland or storm
water management pond, nO structure, including, but not limited to,
outbuildings or accessory buildings, fence, planting or other material shall be
placed or permitted to remain which may damage or interfere with the
installation and maintenance of utilities, or which may change the direction of
flow or drainage channels in the easements, or which may obstruct or retard the
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flow of water through drainage channels in the easements. The easement area
of each Lot including all improvements in it, shall be maintained continuously
by the Owner of the Lot, except for those improvements for which a public
authority or utility company is responsible. No Owner or other person shall
apply any fertilizers or herbicides within fifty (50) feet of any drainage
easement. Developer shall install, at its sole expense, markers showing the
demarcation of wetland boundaries. The demarcation of wetland boundaries
shall be subject to the approval ofthe City.
G. Developer shall establish a homeowner's association via a recorded covenant for
this Development. Developer shall file the Homeowner's Association covenants
against all Lots in Said Plat. Said Homeowners' Association covenants and
agreements for Said Plat shall be submitted to the City Attorney for review and
approval. At a minimum the recorded covenant for the Homeowner's
Association shall include the following:
1. The Homeowners' Association shall own and maintain Outlot A as a
private street for the benefit of Lots 1-13, Block 2 of Said Plat.
2. The Homeowners' Association shall maintain said private street in
perpetuity in a manner similar to the way the City maintains its residential
streets, and shall keep the road passable for emergency vehicles at all times.
H. Developer shall convey Outlot A to the Homeowners' Association.
1. Developer shall remove all farm buildings and structures from the that portion
of Said Plat owned by Developer by July 1,2005.
2.
Construction of Municipal Improvements.
Upon receipt of a signed waiver of appeal of special assessments from all non-
governmental property owners whose property benefits from the Municipal
lmprovements, the City shall constroct Municipal Improvements which shall
consist of street, sidewalk, watennain, sanitary sewer, and stonn sewer
improvements as shown in the plans dated April 30, 2004 prepared by Short Elliott
Hendrickson, Inc. entitled "2004 Prairie Run Improvements." The City Engineer
shall inspect the installation of said Municipal Improvements on a regular basis.
City shall use reasonable efforts to substantially complete said Municipal
Improvements by July 31, 2005, provided, however, the City may elect to install
the bituminous wear course by October 31, 2006. With regard to the Municipal
Improvements listed above, the parties agree as follows:
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A. The City shall specially assess 100% of the costs of said Municipal
Improvements to the benefiting properties, including the lots in Said
Plat, payable over a period of years to be detennined by the City but
not exceeding five years, at an arnlUal interest rate not exceeding the
rate of any bond issued to [mance said Municipal Improvements plus
2%. Developer has executed an assessment agreement related to the
Municipal Improvements. This Agreement shall not alter, change, or
modify those assessment agreements.
B. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at such times as the City may deem
necessary during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs incurred by the
City during said inspections. Upon request, the City shall provide
Developer with time sheets and work records to verify such costs
before payment by Developer.
3. Construction o(On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including, but not
limited to, installation of street signs, traffic signs, yard top soil, sod and seed
in all yards, grading control per lot, bituminous or concrete driveways and
parking lots, drainage swales, benning, and like items as necessary, street
cleanup during project development, and erosion control, all as required by
City ordinance. Front, side and portions of the back yards of residential lots
shall be sodded in accordance with the Residential Development Standards
as on file with the City Administrator's Office. Those portions of the yards
not required to be sodded may be seeded with grass seed or sodded. In all
cases pennanent turf or grass must be established over all areas of the lot not
covered by a hard or impervious surface. Said on- and off-site improvements
shall be installed no later than October 31, 2004, with the exception of erosion
control, drainage swales and benning, which shall be installed upon initial
grading of Said Plat.
B. Developer shall, at its own expense, cause the following items to be installed
within the development, all such items to be installed under ground, within
the street right of way or such other location as may be approved by the City
Engineer, accessible to a1110ts and in compliance with all applicable state and
local regulations:
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1. Electrical power supply, to be provided by Xed Energy or other such
cam er;
11. Natural gas supply, to be provided by Reliant Energy or other such
carrier;
Ill. Telephone service, to be provided by SprintJUnited Telephone
Company or other such carrier;
IV. Cable TV service, to be provided by a local carrier;
In addition, Developer shall, at its own expense, cause street lights to be
installed at such locations as required by the City Engineer. Street signs shall
also be installed of such type and at such locations as required by the City
Engineer and in conformance with the Manual on Uniform Traffic Control
Devices.
C. Developer shall install silt fencing in back of all curbing within 30 days after
said curbing is installed, or 7 days after the "small utilities" (gas, phone,
electrical and cable television) have been installed, whichever occurs sooner.
Developer shall be allowed to substitute hay bales for a 22-foot section of silt
fencing on each lot for the purpose of allowing construction vehicles to pass
from the street to each lot. No constrUction vehicles shall pass from the street
to the lots except through such designated 22- foot section of hay bales.
Developer shall remove all hay bales and silt fencing from each lot as sod is
installed upon said lot.
D. Notwithstanding the requirements of subparagraph 3A above, the Developer
shall install to the City's satisfaction improvements for each lot or parcel prior
to the date that a certificate of occupancy (temporary or pennanent) is issued
by the City for a building located on the lot, unless the certificate of
occupancy is issued after October 1st and before March 30th in any given
year, in which case a certificate of occupancy shall be issued only if the
owner of the lot has entered into an escroW agreement with the City and
provided an escrow for 150% of the estimated cost of said improvements
pursuant to City Ordinance.
E. Developer shall install storm water retention/water quality ponds and basins
upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan
attached as Exhibit D. Said ponds and basins shall be dedicated to the City,
and Developer shall provide the City with perpetual drainage easements over
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such ponds. Said retention ponds and basins shall be installed prior to the
installation of utilities.
4. Intended Use of Subdivision Lots. The City and Developer agree that the
numbered lots in Said Plat are intended only for single-family residential use in the
number and the configuration as are shown on Said Plat. Developer shall construct
only one single family dwelling per numbered lot, unless Said Property is rezoned by
the City in the future into a classification which would allow additional units to be
constructed.
5. Surety Requirements.
A. The Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the obligations
of the Developer under this contract shall be performed. Said letter of credit
or surety shall be in the amount of $791,537.00 representing the sum of 50%
of the estimated cost of the Municipal Improvements ($680,337.00), 100% of
the on and off-site improvements ($53,000.00), and 150% of the estimated
cost for landscaping/screening materials related to Said Plat ($58,200.00).
Said letter of credit or surety must meet the approval of the City attorney as to
fonn and issuing bank.
B. The City may draw on said letter of credit or surety to complete work not
performed by Developer (including but not limited to on- and off-site
improvements, Mlmicipal Improvements described above, erosion control,
and other such measures), to pay liens on property to be dedicated to the City,
to reimburse itself for costs incurred in the drafting, execution, administration
or enforcement of this Agreement, to repair or correct deficiencies or other .
problems which occur to the Municipal Improvements during the warranty
period, or to otherwise fulfill the obligations of the under this Agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety referred
to herein is ever utilized and found to be deficient in amOl.U1t to pay or
reimburse the City in total as required herein, Developer agrees that upon
being billed by the City, the Developer will pay within thirty (30) days of the
mailing of said billing, the said deficient amount. If there should be an
overage in the amount of utilized security, the City will, upon making said
determination, refund to the Developer any monies which the City has in its
possession which are in excess of the actual costs of the project as paid by the
City.
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D. Developer hereby agrees to allow the City to specially assess the Developer's
property for any and all costs incurred by the City in enforcing any of the
terms of this agreement should the Developer's letter of credit or surety prove
insufficient or should the Developer fail to maintain said letter of credit or
surety in the amount required above within 30 days of mailing of written
request by the City. Should the City assess the Developer's property for said
costs, the Developer agree not to contest or appeal such assessment and
waives all statutory rights of appeal under "Minnesota Statutes, including
Minnesota Statute 429.081, to the extent of the costs identified in this
Agreement.
E. That portion of said cash, irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all
such items are satisfactorily completed pursuant to this Agreement.
F. In the event a surety referred to herein is in the fonn of an irrevocable letter of
credit, which by its terms may become null and void prior to the time at
which all monetary or other obligations of the Developer are paid or satisfied,
it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior
to the expiration of the original letter of credit. If a new letter of credit is not
received as required above, the City may without notice to the Developer
declare a default in the terms of this Agreement and thence draw in part or in
total, at the City's discretion, upon the expiring letter of credit to avoid the
loss of surety for the continued obligation. The form of any irrevocable letter
of credit or other surety must be approved by the City Attorney prior to its
issuance.
6. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements, On- and Off-site Improvements,
and/or Landscaping Improvements 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 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.
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B. ' Developer may request of the City a reduction or release of any surety as
follows:
1. When 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 Municipal Improvements have been
installed and as the corresponding special assessments are paid,
that portion of the letter of credit or surety attributable to the
municipal improvements may be reduced by 50% of the dollar
amount of special assessments which have been paid.
Hi. When all or a portion of the on- and off-site improvements or the
Landscaping 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 the City shall retain
the letter of credit or surety in the amount of 25% of the estimated
landscaping costs for two years from the time of the installation of
said landscaping materials.
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.
7. Abandonment of Proiect - Costs and Espenses. In the event Developer
should abandon the proposed development of the Subject Property, the City's
costs and expenses related to attorney's fees, professional review, drafting of
this Agreement, preparation of the feasibility report, plans and specifications,
and any other expenses undertaken in reliance upon Developer's various
represent:'ltions shall be paid by Developer within thirty (30) days after receipt
of a bilI for such costs from the City. In addition, in the event Developer
abandon the project, in whole or in part, ceases substantial field work for
more than nine (9) months, fails to provide sufficient ground-cover to prevent
continuing soil erosion from the Said Plat, or fails to leave the abandoned
property in a condition which can be mowed using conventional lawn
mowing equipment, Developer agrees to pay all costs the City may incur in
taking whatever action is reasonably necessary to provide ground-cover and
otherwise restore Said Plat to the point where undeveloped grounds are level
and covered with permanent vegetation sufficient to prevent continuing soil
erosion from Said Plat and to facilitate mowing of Said Plat. In the event that
said costs are not paid, the City may specially assess such costs against the
lots within Said Plat and/or take necessary legal action to recover such costs,
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including attorneys fees. Developer knowingly and voluntarily waives all
rights to appeal said special assessments under Minnesota Statutes section
429.081.
8. Developer to Pay City's Costs and Expenses. It is understood and agreed
that the Developer will reimburse the City for all reasonable administrative.
legal, planning, engineering and other professional costs incurred in the
creation, administration, enforcement or execution of this Agreement and the
approval of Said Plat, as well as all reasonable engineering expenses incurred
by the City in designing, approving, installing, and inspecting said
Improvements described above. Developer agree to pay all such costs within
30 days of billing by the City. If Developer fails to pay said amounts, then
the City may specially assess such costs against the lots within Said Plat.
Heuring and Developer knowingly and voluntarily waives all rights to appeal
said special assessments under Minnesota Statutes section 429.081.
Developer has the right to request time sheets or work records to verify said
billing prior to payment.
9. 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 D. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
10. Drainal!e Reqniremenls. Developer shall comply with all requirements set fortb
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 federal, state, county or city
drainage requirements, all at Developer's sole expense.
11. Maintain Public Pro e
Construction.
Developer agrees to assume full [mandaI responsibility for any damage which may
occur to public property including but not limited to streets, street sub- base, base,
bituminous surface, curb, utility system including but not limited to watennain,
sanitary sewer or stonn sewer when said damage occurs as a result of the activity
which takes place during the development of Said Plat. Developer further agrees to
pay all costs required to repair the streets, utility systems and other public property
damaged or cluttered with debris when occurring as a direct or indirect resuh of the
constrUction that takes place in Said Plat.
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Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a result
of construction activity on Said Plat will be repaired immediately if deemed to be
an emergency by the City. Developer further agrees that any damage to public
property as a result of construction activity on Said Plat will be repaired within 14
days ifnot deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property,
the City may undertake making or causing it to be cleaned up, repaired or
maintained. When the City undertakes such activity, Developer shall reimburse the
City for all of its expenses within thirty (30) days of its billing to the Developer. If
Developer fails to pay said bill within thirty (30) days, then the City may specially
assess such costs against the lots within Said Plat and/or take necessary legal action
to recover such costs and the Developer agrees that the City shall be entitled to
attorneys fees incurred by the City as a result of such legal action. Developer
knowingly and voluntarily waives all rights to appeal said special assessments under
MiIll1esota Statutes section 429.081.
12. TemDorarv Easement Ri!!hts. Developer shall provide access to the Subject
Property at all reasonable times to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this Agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement
are items for which Developer is responsible for completing and all work
shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Contract is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Contract.
C. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Contract. To be binding, amendments or waivers
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shall be in writing, signed by the parties and approved by written resolution of
the City Council. The City's failure to promptly take legal action to enforce
this Contract shall not be a waiver or release.
E. This Contract shall run with the land and shall be recorded against the title to
the property.
F. 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.
Developer agrees to obtain all required federal, state and local permits. If the
City determines that Said Plat does not comply, the City may, at its option,
refuse to allow construction or development work in the plat until Developer
so complies. Upon the City's demand, the Developer shall cease work until
there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on the Subject Property, the Developer shall provide the City
with evidence of good and marketable title to Lots 1-15, Block 1, Lots 1-13,
Block 2 and Outlot A of the 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.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the City of Albertville, Wright County Soil
and Water District and/or any applicable provisions of State and Federal law.
1. 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 lOO-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.
14. Violation of Agreement.
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A. Except as otherwise provided in this Agreement, upon any default by
Developer, its successors or assigns, of any of the covenants and agreements
herein contained, the City shall give the Developer thirty (30) days mailed
notice thereof (via certified mail), and if such default is not cured within said
thirty (30) day period, the City is hereby granted the right and the privilege to
declare any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run from the
date of deposit in the United States Mail. Upon failure to cure by the
Developer, the City may thence immediately and without notice or consent of
the Developer complete the Developer's obligations under this Agreement,
and specially assess the costs thereof against the lots within Said Plat, bring
legal action against the Developer to collect any sums due to the City
pursuant to this Agreement, plus all costs and attorney's fees incurred in
enforcing this agreement, draw on the Surety provided herein, or pursue any
combination of the above remedies as well as any other remedy available to
the City in law or equity. Developer knowingly and voluntarily waives all
statutory rights to appeal said special assessment under Minnesota Statutes
section 429.081.
B. Notwithstanding the 30-day notice period provided for in paragraph 14A
above, in the event that a default by the Developer will reasonably result in
irreparable harm to the environment or to public property, or result in an
imminent and serious public safety hazard, the City may immediately
exercise all remedies available to it under this Agreement in an effort to
prevent, reduce or otherwise mitigate such irreparable harm or safety hazard,
provided that the City makes good-faith, reasonable efforts to notify the
Developer as soon as is practicable of the default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said
harm.
C. Paragraph 14A of this section shall not apply to any acts or rights of the City
under the preceding paragraph, and no notice need be given to the Developer
as a condition precedent to the City declaring a default or drawing upon the
expiring irrevocable letter of credit as therein authorized. The City may elect
to give notice to the Developer of the City's intent to draw upon the surety
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
15. Dedications to the CitY.-.
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A. Municipal Improvement Dedications: Developer, upon presentation to the
City of evidence of good and marketable title to Lots 1-15, Block 1, Lots 1-13,
Block 2 and Outlot A of the Subject Property, and upon completion of all
construction work and certification of completion by the City Engineer, shall
make the following dedications to the City:
1. Developer shall dedicate drainage easements to the City over, under and
across all drainage ponds located in Said Plat.
2. Developer shall dedicate to the City all sidewalks, roads, road and trail
right-of-ways, curbs, gutters, sewers and water mains and utility easements
located within Said Plat except that Lots 1-13, Block 2 of Said Plat, located
west of the access point onto County Road 18 shall be served by a private
street which shall be maintained by the Homeowner's Association in
perpetuity. Prior to the City's acceptance of said dedications, 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. Park Dedication Fees: Developer acknowledges and agrees that in order to
satisfy the City's park dedication requirements for the numbered lots in
Said Plat, Developer shall pay the City a cash payment totaling $132,500
($2,500 per lot times 53 lots). Said park dedication fees shall be paid prior
to the release of Said Plat by the City.
16. Phased Development. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases until public
improvements for all prior phases have been satisfactorily completed. Development
of subsequent phases may not proceed until Development Contracts for such phases
are approved by the City. Approval of this phase of the Development shall not be
construed as approval of future phases nor shall approval of this phase bind the City
to approve future Development phases. All future Development phases shall be
governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development phases
are approved by the City.
17. Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer or third parties for damages sustained or costs
incurred resulting from Said Plat approval and development. Developer sha1l
indemnify the City and its officers and employees for all costs, damages or expenses
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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.
18. Assi2nment of Contract. The obligations of Developer under this Contract cannot
be assigned without the express written consent of the City Council through Council
resolution.
19. Limited Approval. Approval of this Agreement by the City Council and issuance
of the Conditional Use Pennit which is the subject of this Agreement in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
20. SanitarY Sewer and Water Trunk Line Fees. prior to the City releasing Said
Plat, Developer agrees to pay a trunk sewer charge in the amount of $47,180.00,
representing $1,400 per acre of Said Plat multiplied by 33.7 acres contained in that
portion of Said Plat owned by Developer. In addition, prior to release of Said Plat,
Developer agrees to pay a trunk water charge in the amount of $40,440.00
representing $1,200 per acre of Said Plat multiplied by 33.7 acres contained in that
portion of Said Plat owned by Developer. Developer agrees to pay said amounts
prior to the City's release of Said Plat.
21. Professional Fees. Developer will pay all reasonable professional fees incurred by
the City as a result of City efforts to enforce the terms of this Agreement. Said fees
include attorney's fees, engineer's fees, planner's fees, and any other professional fees
incurred by the City in attempting to enforce the terms of this Agreement. The
Developer will also pay all reasonable attorney's and professional fees incurred by
the City in the event an action is brought upon a letter of credit or other surety
furnished by the Developer as provided herein.
22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear. Unless otherwise
specified in this Agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
23. lnte ration Clause Modification b Written A reement Onl . This Agreement
represents the full and complete understanding of the parties and neither party is
relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
15
24. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville,!v1N 55301
Telephone: (763) 497.3384
Gold Key Development, Inc.
4700 County Road 19
Medina, !v1N 55357
Attention: Dean R. Johnson
Telephone: (763) 420-4044
25. At!reement Effect. This Agreement shall run with the land and be binding upon and
extend to the representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
~~b' --~
By .J~ .' f ~--J
Its Mayor
By &~cl~ \~Q~.,"
Its Clerk \J
GOLD KEY DEVELOP1ffiNT, INC.,
j)~ \2- -l.~\..~
By Dean R. Johnson
Its -Pres16ent S" c.c:-~'"-" -\-c..q'
STATE OF WNNESOTA )
) ss.
coUNTY OF WRlGHT )
.-r-- .., t,,~
The foregoing instrument was acknowledged before me this "', · I day of
19 ~1 t'\ l;'; . ( J 2004, by Don Peterson 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. .
16
-.
.-
~~~
~tm11>ubliC
STATE OF MINNESOTA)
) 55.
COUNTY OF WRIGHT )
DAVID WENDORF
NOTARY PUBLIC-MINNESOTA
My Commission Exlliles Jan. 31. 2005
The foregoing instrument was acknowledged before me this S- T t- '/ day of
,)1< c- ~f '1 , 2004, by Bridget Miller, 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. .,~---) -".--
<;2'~-
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this Ie, \l day of
"5 u>- \ 'I ' 2004, by Dean R. Johnson, as PtesidOftl of Gold Key Development,
rnc.. ~)/
. \ \!~
airY Pu lie
DRAFTED BY:
Couri, MacArthur & Ruppe, P .L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
. ~....../' ../' ..ftN'<'JI/VVVVVI/Vv<NI""^.
I~' JOHN H. BRENNAN ,
L'/, .!!' NOTARY P\.I8lJC-MINNESOTA
~tr I.f'I C()I.lMISSIOH EXP1f\ES 1-31-2llO5
aw...,. ..NJjJ ..(j._.y.........,'^".......N~.
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