2004-08-06 PUD Agreement Heuring
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
PRAIRIE RUN
(HEU~ A__
THIS AGREEMENT, entered into this .... day of /fwftA-Gf , 2004 by and
between ROBERT C. HEURING and CHRISTINE A. HEURi'NG, husband and wife
referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright,
State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Gold Key Development, Inc., 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):
Lot 16, Block 1
Outlots Band C
All said property in Prairie Run plat, City of Albertville, County of Wright, Minnesota.
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WHEREAS, this Agreement along with the separate Planned Unit Development
Agreement for Prairie Run signed by Gold Key Development, Inc. and the City is intended
to govern the respective rights of the parties with regard to Said Plat.
WHEREAS, Developer intends to subdivide 10.36 acres into 1 single-family
residential lot and two outlots for future development; 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 preliminary approval of Developer's plat of Prairie
Run contingent upon compliance with certain City requirements including, but not limited
to, matters set forth herein; 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:
1. 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 Albertville Zoning Ordinance for the respective
zoning districts in which the land is located, as well as all other applicable land use
regulations. Developer agrees that the following conditions will be met on a
continuing basis:
A. Farming Restrictions. Developer agrees that all existing farm uses on Lot 16,
Block I and Outlots Band C, and that property shown as an exception on the
Final Plat which is surrounded by the Farm Properties (collectively, "Farm
Properties") shall be brought into conformance with the following restrictions
as set out below:
1. Developer may plant and harvest crops on the Farm Properties, but no
machinery or equipment shall be operated on the site past 10 p.m. or before
7 a.m. Best farming practices must be used to reduce interference with
neighboring residences.
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2. No manure spreading or storage shall occur on the Farm Properties, and all
manure piles existing on the Farm Properties as of September 1, 2004, shall
be removed from the Farm Properties by October 1, 2004.
3. No storage or maintenance of farming equipment may occur on the Farm
Properties. Equipment necessary to crop the land shall be brought in for the
minimum amount of time to actively crop the land and shall be removed
daily. No farming equipment is to be stored on the Farm Properties. No
equipment may be repaired on the Farm Properties except that any
equipment which breaks down while working the Farm Properties may be
repaired on the Farm Properties provided such repair is completed within
24 hours.
4. No cattle or livestock or other farm animals will be permitted on the
Farming Properties after September 1, 2004.
5. All buildings highlighted on the attached Exhibit B which are located on
Lot 16, Block 1 of Said Plat shall be removed by Developer no later than
July 1,2005. Those farm-related buildings shown on Exhibit B which are
located on Lot 15, Block 1 of Said Plat shall be removed by the Developer
of said Lot 15, Block 1.
6. The storage shed shown on the attached Exhibit B may remain on the
property, but shall be used as a residential accessory building until such
time as the zoning for such property is changed, after which any future uses
shall comply with the then-current zoning for such property.
7. Developer shall remove the manure/compost pile currently located at the
northeast comer ofCSAH 19 and CSAH 35 by October 1,2004.
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
Improvements, the City shall construct Municipal Improvements which shall
consist of street, sidewalk, watermain, sanitary sewer, and storm sewer
improvements as outlined in the Feasibility Report dated February 17, 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 September 30, 2004, provided,
however, the City may elect to install the bituminous wear course by October 31,
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2005. With regard to the Municipal Improvements listed above, the parties agree
as follows:
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 five years at an annual interest rate not
exceeding the rate of any bond issued to finance said Municipal
Improvements plus 2%. The City agrees to defer paYments for the
first two years, however, interest shall accrue during the deferral
period. 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.
3. Intended Use of Subdivision Lots. The City and Developer agree that the
numbered lot in Said Plat is intended only for single-family residential use in the
number and the configuration as are shown on Said Plat and shall comply with the
City's RI-A zoning requirements. 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. Developer
agrees that Outlots Band C on Said Plat shall be non-buildable until such time as
such Outlots are replatted into numbered lots.
4. 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 administration, enforcement
or execution of this Agreement and the approval of Said Plat.. Developer agrees 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. 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.
5. Temporary Easement Ri2: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.
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6. Miscellaneous.
A. 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.
B. 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
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.
C. This Contract shall run with the land and shall be recorded against the title to
the property.
D. 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.
E. 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 Lot 16, Block 1, and Outlots B
and C 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.
F. 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 F ederallaw.
7. Violation of A2reement.
A. Except as otherwise provided in this Agreement, upon any default by
Developer, its successors or assigns, of any of the covenants and agreements
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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, 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 7 A
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 ofthe default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said
harm.
8. Dedications to the City.
A. Municipal Improvement Dedications: Developer, upon presentation to the
City of evidence of good and marketable title to Lot 16, Block 1, and Outlots B
and C 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 which are located on property owned by
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Developer. 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 that park dedication would
normally be due on Lot 16, Block 1 upon approval of Said Plat. However,
Developer and City agree that park dedication requirements shall not be
paid at this time, but shall be collected at such time as the property is
replatted or at such time as the use of the property is changed from a single
family residential use to any other use. The park dedication due at such
time shall be calculated based upon the park dedication fees in effect at the
time of such replat or change of use. Park dedication on Outlots Band C
shall be paid at the rate then in effect upon its replatting to a numbered lot.
9. Phased DeveloQment. 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.
10. 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 shall
indemnify the City and its officers and employees 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.
11. Assie:nment of Contract. The obligations of Developer under this Contract cannot
be assigned without the express written consent of the City Council through Council
resolution.
12. Limited Approval. Approval of this Agreement by the City Council in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
13. 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 $4,354.00,
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representing $1,400 per acre of Said Plat multiplied by 3.11 acres contained in Lot
16, Block 1 and accompanying streets of Said Plat. In addition, prior to release of
Said Plat, Developer agrees to pay a trunk water charge in the amount of
$3,732.00 representing $1,200 per acre of Said Plat multiplied by 3.11 acres
contained in Lot 16, Block 1 and accompanying streets of Said Plat. Developer
agrees to pay said amounts prior to the City's release of Said Plat. Applicable
sanitary sewer and water trunk line fees shall be paid on Outlots Band C at the
rates then in effect at such time as said outlot is replatted into a numbered lot.
14. 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.
15. 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.
16. Inte2:ration Clause. Modification bv Written A2:reement Only. 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.
17. 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, MN 55301
Telephone: (763) 497-3384
Robert C. Heuring
Christine A. Heuring
5020 Jason Avenue N.E.
8
Albertville, MN 55301
18. Allreement 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~~
ts Mayor
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By ~, M~~,,--
Its Cler
ROBERT AND CHRISTINE HEURING,
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BY/R/...Ob.,.~rt C. Heuring ~!
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C~kJhf(j (I~
By Christine A. Heuring' ~j"''''''
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STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this S- TN day of
Ii l/J {...(/\ ,. T , 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 ~~
Notary Public
DAWD WENDORF
NOTAlJ;fPUBLlC-MINNESOTA
My r;omt1iission Expires Jan. 31,2005
9
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ~ 7 f/ day of
Ii V\ (;w(,l1 j '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.
..t::/
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Notary Public
STATE OF MINNESOTA)
) S.s.
COUNTY OF WRIGHT )
_~~{OregOing instrument was acknowledged before me tbis #$ ~ of
. 2004, by Robert C. Heuring and Christine A, Heuring.
vtJJ
SIGNATURE OF NOTAR
DAVID WENDORF
NOTARY PUBLIC-MINNESOTA
My CommiSSion Expires Jan. 31, 2005
,>:e;
DRAFTED BY:
Couri, MacArthur & Ruppe, P .L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
WENDY B. ETHEN
NOTARY PUBLIC - MINNESOTA
My Commission Expires 1-31-2005
10
NAME
5/27/201
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