The URL can be used to link to this page

2020-03-16 City Council Agenda Packet-Heuring meadows A,1bertvil l£ S—HT—nW.9.agCRVU.. Mayor and Council Request for Action March 12, 2020 SUBJECT: HEURING MEADOWS COMMONS REQUEST FOR FINAL PLAT,PUD FINAL STAGE SITE AND BUILDING PLAN REVIEW RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution Number 2020-010 approving the Final Plat and PUD Final Stage site and building plans for the project entitled Heuring Meadow Commons for Outlot A of Heuring Meadows in Albertville. BACKGROUND: Heuring Meadow LLC and Krishna LLC are pursuing a multiple use development on an 11.8-acre site entitled Outlot A, Heuring Meadows. Said site is located at the Northwest quadrant of the County Road 19 / 53 d Street intersection. This multiple use development is intended to consist of 26 townhomes, 159-unit apartment building, and a 10,427 square foot daycare facility. On January 6, 2020, the Albertville City Council reviewed the development applications, the plans, staff reports and approved the following applications. 1. Comprehensive Plan Amendment. To change the guided land use from commercial to high density residential. 2. Zoning Map Amendment: Changing the zoning from B-2 limited business to PUD Planned Unit Development. This is to allow the multiple uses and design features such as the shared private street, shared parking,private playground, etc. 3. PUD Development Stage site and building plan. 4. Preliminary Plat. Heuring Meadows LLC and Krishna LLC have not submitted Final Plat and PUD Final Stage plans for City Council consideration. City Staff has reviewed the submitted application and plan sets and outlined the project background in the attached March 10, 2020 planning report KEY ISSUES: See the attached March 10, 2020 planning report for an description and analysis of the key issues and recommendations. POLICY/PRACTICES CONSIDERATIONS: City Code has final plat and final stage PUD being processed directly by City Council. P:ACity Council\Council Packet Information\2020\031620\Heuring Meadows Items\1-RCA Heuring Meadows Commons Final Stage approval.docxP:ACity Council\Council Packet Infonnation\2020\031620\Heuring Meadows Items\l-RCA Heuring Meadows Commons Final Stage approval.docx Meeting Date: March 16,2020 Agenda Page 25 Mayor and Council Request for Action—March 16, 2020 Heuring Meadows Commons Page 2 of 2 FINANCIAL CONSIDERATIONS: The Developer shall be responsible for all site improvements and off-site improvements related to this project and outlined in the development agreement. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council are responsible for the review and approvals of final plats and PUD final stages. If the plans found to be consistent with the previous approved preliminary plat and PUD development stage plans the council may approve the development applications. Responsible Person/Department: City Planner, Alan Brixius Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2020-010 Planning Report dated March 10, 2020 Planning Report Exhibit P:ACity Council\Council Packet Information\2020\031620\Heuring Meadows Items\1-RCA Hearing Meadows Commons Final Stage approval.docx Meeting Date: March 16,2020 Agenda Page 26 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2020-010 RESOLUTION APPROVING A REQUEST FOR FINAL PLAT AND PLANNED UNIT DEVELOPMENT FINAL STAGE SITE AND BUILDING PLANS, FOR A MIXED USE HIGH DENSITY RESIDENTIAL/COMMERCIAL PROJECT ENTITLED HEURING MEADOWS COMMONS LOCATED ON OUTLOT A HEURING ADDITION AT THE CORNER OF COUNTY ROAD 19 AND 53" STREET NE. WITHIN THE CITY OF ALBERTVILLE WHEREAS, On January 6, 2020, the Albertville City Council approved development application submitted by Heuring Meadows LLC and Krishna LLC. requesting a comprehensive plan amendment, a zoning map amendment, preliminary plat, and PUD development stage plans pursuing a multiple use development on an 11.8-acre site entitled Outlot A, Heuring Meadows. Said site is located at the Northwest quadrant of the County Road 19 / 53ra Street intersection. This multiple use development will consist of 26 townhomes, 159-unit apartment building, and a 10,427 square foot daycare facility per the plans approved on January 6, 2020 with conditions. WHEREAS, Heuring Meadows LLC and Krishna LLC have now submitted applications and plans requesting Final Plat and PUD Final Stage plan approval, WHEREAS, City Staff has reviewed submitted plans and prepared a planning report dated March 10, 2020; and WHEREAS, the Albertville City Council met on March 16,2020 to consider the Heuring Meadows Commons development applications for Final Plat and PUD Final Stage; and WHEREAS, the Albertville City Council has received the Heuring Meadows Commons application materials including a final plat and development plans; staff review documents and recommendation; and agrees with the findings and recommendation of the City Staff. NOW, THEREFORE BE IT RESOLVED that the City Council of Albertville, Minnesota hereby approves the Heuring Meadows Commons request for Final Plat and the PUD Final Stage site and building plans for the property legally described as Outlot A, Heuring Meadows addition with the following conditions. Conditions of Approval. Final Plat: The Final Plat dated 02/28/2020 is approved with the following conditions: 1. Revision of the Declaration and grant of Easement covering the shared parking, playground, and pond area address the following items: Agenda Page 27 City of Albertville,MN Resolution No.2020-010 Meeting of March 16,2020 Page 2 • Under the maintenance of the improvements paragraph,the parking lot maintenance description shall include parking lot striping, parking lot and private street lighting. • The easement shall require maintenance actions by the burdened property, if the City identifies, in writing, conditions in disrepair or items in need of replacement. 2. Revision of the Declaration and Grant of Easement covering the private street shall address the following items: • The easement must be expanded to include Lot 1. If the daycare's single point of access and egress presents issues of traffic congestion and or unsafe turning movements, the City will require the daycare to construct a second exit onto the private street to offer alternative egress routes. • The Maintenance of Improvements paragraph shall include a requirement to have the burdened property initiate street repairs upon written notice by the City if the street falls into disrepair. 3. Wright County approval of the plat and access permits. 4. The preliminary plat shall be subject to the recommendations of the December 4, 2019 City Engineer's Memorandum. 5. With final plat approval the Applicant shall enter into a development agreement with the city outlining the development improvements, responsibilities of costs and necessary financial securities. PUD Final Stage. The PUD Final Stage is approved based on the Final Plat dated 02/28/2020, Civil Engineering plans, Site plan, and landscape plan dated 02/04/2020 revised 02/04/2020, and the Building floor plans, Building elevations, for the Townhomes, Apartment Building, and Commercial Day Care. Said approval is subject to the following conditions being addressed with the submission of the PUD final stage plans. 1. The City approves the project land uses, density, setbacks and building heights per the Final Stage site and building plans dated 02/04/2020 and landscape plan dated 02/04/2020 revised 03/04/2020.. 2. A right in/right out street connection is proposed at the northeast corner of the site from CR19. The design and permitting of this curb cut shall be subject to the review and approval of Wright County. Applicant shall be responsible for all costs associated with turn lanes and curb cuts. 3 No construction of the apartments or townhomes without construction of the 53rd Street/ CR19 improvements and signalization. Cost of these improvements shall be the responsibility of the developer. Agenda Page 28 City of Albertville,MN Resolution No.2020-010 Meeting of March 16,2020 Page 3 3. County approval of the County road access and 53rd Street/CR19 intersection improvements. 4. Private street shall be constructed to City design standards. The private street shall be signed"No Parking." 5. All sidewalks located along head in parking stalls shall have a width of 6+feet. This shall be shown on the revised site plan. Landscaping and snow storage around parking lot perimeters shall be setback a minimum of two feet. 6,. The daycare shall provide a detailed elevation and construction plans for the trash enclosure. Said plans shall illustrate the trash enclosure be constructed to match or complement the exterior design of the principal building. 7. Submission of a lighting and photometric plan with each phase of the site development. The lighting plan must address the location of all exterior lighting for the property. The pole heights, type of light fixtures, and light levels shall comply with the city standards or exterior lighting. Lighting and photometric plans for the daycare will be required at the time of the building permit being issued and must be approved by the City. 8. Landscape plan to include: a. The inspection of existing trees must be conducted by a landscape professional (landscape architect,botanist, forester, etc.). The Applicant shall inform the City of the day(s) and times the inspection will be conducted to allow a City Staff member to be present if desired. b. The applicant shall provide a summary and survey of the inspection results to the City that identifies the trees to be removed and replaced. The inspector shall tag the trees to be removed and replaced. c. Upon completion of the site grading, the City will inspect the trees to be saved to determine if any of these trees have been damaged due to grading. Damaged trees shall be removed and replaced. d. The applicant shall describe their proposed methods for deterring trespass onto the properties to the west. 9. Applicant shall provide a scheduled phasing plan for the PUD that outlines timing of site improvement and building construction. 10. With the approval of the PUD Final stage the Applicant shall enter into a PUD agreement and development agreement with the city. Said agreements shall be recorded against the properties in the approved PUD District. Agenda Page 29 City of Albertville,MN Resolution No.2020-010 Meeting of March 16,2020 Page 4 Adopted by the Albertville City Council this 16' day of March 2020. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk Agenda Page 30 NORTHWEST' ASSOCIATED CON S, MC, 41 O III s o ui i IIMeiiinoiriii,aIII ...III iii q IIh w Ste,, 20, GoIWeiiii VaIdey, I III"„W 55422 4 I OI IIp IIh nl urn aye: 763.95 "m 1 Ok iii t : %N%Nw.iiiialcIlliIIIaiiiiiiiiitiiiig.coiiiii MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius DATE: March 10, 2020 RE: Albertville - Heuring Meadows Commons Final Stage PUD / Plat FILE NO: 163.06 20.01 BACKGROUND On January 6, 2020, the City Council approved development applications of Heuring Meadows LLC and Krishna LLC that include a zoning map amendment, Preliminary Plat and PUD Development Stage for a mixed land use project entitled Heuring Meadows Commons located on Outlot A, Heuring Meadows Addition. The development of this 11.8 acre site is proposed to include; a commercial day care, 159 apartment building, and 26 townhomes. The Council approval included conditions outlined in Resolution No.2020-01 that were required to be addressed as part of the final stage submission. Heuring Meadows, LLC and Krishna, LLC have now filed an application and submitted plans for Final Plat and Final Stage PUD in accordance with the Albertville Zoning Code. The final plat and plans have been reviewed against the conditions imposed with the development stage approval and outlined in the body of this report. Attachments: Exhibit A. Final Plat Exhibit B. Development Plan Exhibit C. Site Plan Exhibit D. Grading Drainage Plan Exhibit E. Utility Plan Exhibit F. SWPP Plan Exhibit G. Landscape Plan Exhibit H. Goddard School Building Plans Exhibit I. Townhome Building Plans Exhibit J. Apartment Building Plans Agenda Page 31 Exhibit K. Common Area Easements Exhibit L. Private Road Easement Exhibit M. City Engineer's Memorandum Exhibit N. County Review Comments ANALYSIS Comprehensive Plan and Zoning Amendment Conditions: 1. The City adopts ordinance No. 2020 -001 establishing the "PUD" Planned Unit Development on Outlot A Heuring Meadows Addition with the terms and conditions of the PUD zoning. Comment: The city approved this zoning map amendment on January 6, 2020. 2. The Developer will enter into a PUD agreement that will be recorded with the property that will outline the terms and conditions of the PUD zoning. Comment. The City Attorney has prepared a development and PUD agreement for council consideration and approval. 3. The zoning Map change will not occur until approval of the Final Stage PUD plans, and the recording of the PUD agreement and the development agreement. Comment. With the recording of the final plat and the development and PUD agreement City Staff will change the zoning map to reflect the new PUD zoning district. 4. The Proposed Land Use Plan as set forth in the City's Comprehensive Plan is hereby amended consistent with the approvals granted herein. Comment. With the recording of the final plat and the development and PUD agreement City Staff with change the Albertville Land use Map. Final Plat: The Preliminary Plat dated 11/22/19 was approved on January 6, 2020 with the following conditions needing to be addressed with the submission of the final plat. The final plat is proposing only two lots at this time, having the townhome and apartment site being one lot under single ownership (See Exhibit A.) The development contract and the approved PUD development plans dictate the project design. The single residential property must still abide by the approved development plans this lot configuration may also be administratively divided in the future as the development progresses. 1. The submission of Association Documents that outline the responsibilities for the maintenance and upkeep of the shared facilities (i.e., street, tot lot, parking area, pond). 1 Agenda Page 32 Comment: The applicant has provided a Declaration and Grant of Easement covering the shared parking, playground and pond area. (See Exhibit K). In review of this easement document we offer the following comments: • Under the maintenance of improvements paragraph, the parking lot maintenance description shall include parking lot striping, lighting and sidewalks. • The easement shall require maintenance actions by the burdened property, if the City identifies in writing conditions in disrepair or damage. 2. Separate from the final plat, applicant must provide a shared access easement for the entire private drive. The easement shall run to all properties within the subdivision and include the property exception in the northeast corner of the plat. Comment: The applicant has provided a Declaration and Grant of Easement for the private roadway (See Exhibit L). In review of the easement we offer the following comments: • The easement will be expanded to include the property located at the northeast corner of the Heuring Meadows Commons property in the future. No change in the easement language is required at this time. The City Attorney will address this need in the PUD/ development agreement requiring the right of access to the private street at time of redevelopment of the exception property. • The easement must be expanded to include Lot 1. If the daycare's single point of access and egress presents issues of traffic congestion and or unsafe turning movements, the city will require the daycare to construct and second exit onto the private street to offer alternative egress routes. • The Maintenance of Improvements shall include all street lighting, signs and sidewalks. • The Maintenance of Improvements paragraph shall include a requirement to have the burdened property initiate street repairs upon written notice by the City if the street falls into disrepair. 3. The plat abuts County Road 19 and is subject to County review and approval. Applicant shall secure County approval and abide by County conditions of approval. Comment: The County has reviewed the plans and provided comments (See Exhibit N). 2 Agenda Page 33 4. Subject to the City Engineer's review of all lot line easements and easement width over the ponding area and utility corridors. Comment. See Engineer's comments Exhibit M. 5. The preliminary plat shall be subject to the recommendations of the December 4, 2019 City Engineer's Memorandum. Comment. See Engineer's comment Exhibit M. 6. With final plat approval, the Applicant shall enter into a development agreement with the City outlining the development improvements, responsibilities of costs and necessary financial securities, including that Developer install, at Developer's expense, a stop light at the intersection of CSAH 19 and 53rd Street that meets the approval of the City Engineer and the County Engineer. Comment. The City Attorney has prepared a development and PUD agreement for Council consideration and approval. PUD Final Stage. The PUD Development Stage is approved based on the PUD development stage plans, Civil Engineering plans, Site plan, and landscape plan dated 11/12/19 revised 11/22/19, and the Building floor plans, Building elevations, for the Townhomes, Apartment Building, and Commercial Day Care. Said approval is subject to the following conditions being addressed with the submission of the PUD final stage plans. 1. The City approves the project land uses, density, setbacks, and building heights per the site and building plans dated 11/12/19 revised 11/22/19. Comment: The PUD final plan replicates the development stage densities, setbacks and building heights. All land uses, densities, building designs and site amenities shall be in compliance with the approved plans. No changes in plans may occur without a PUD amendment approved by the city. 2. A right in/right out street connection is proposed at the northeast corner of the site from CSAH19. The design and permitting of this curb cut shall be subject to the review and approval of Wright County. Applicant shall be responsible for all costs associated with turn lanes and curb cuts, as well as the installation of the street connection. Comment. Wright County has provided comments on the street design. The development agreement assigns the construction and cost responsibilities to the development of Heuring Meadows Commons. 3 Agenda Page 34 3 No construction of the apartments or townhomes shall occur without completion of the 531dStreet/CSAH19 improvements and signalization. Cost of these improvements shall be the responsibility of the developer. Comment: This condition is outlined in the development/PUD agreement. 4 County approval of the County road access and 53rd Street/CSAH19 intersection improvements. Comment: The City will design the intersection improvements needed for the C.R. 19/53rd Street intersection. Said plan will not be required with the development of the day care, however, the plans and intersection construction will be required with the development of the residential uses. The terms and responsibilities for the planning construction of the intersection will be outlined in the development/PUD agreement. All plans will be subject to the Wright County approval. 4. Private Street shall be constructed to City design standards. The private street shall be signed "No Parking." Comment: The "No Parking"signs have not been addressed on the final site plan. The "No Parking"signs must be identified in the Key Notes and the sign locations must be identified on the final site plan. 5. Applicant shall provide association documents that provide for long-term maintenance and cost sharing for the private street. Said document shall allow the City to inspect and require street repairs if the private street falls into disrepair. Comment: See comments on the proposed Easements. 6. Applicant shall verify that 25% of townhome exterior walls have a brick finish. Comment: The applicant's Townhome elevations provide calculations for exterior brick and glass finishes that meet the required 25% requirement. Staff check verifies that these calculations are correct. 7. All parking stalls throughout the site, both residential and commercial, shall be sized 9 feet wide by 20 feet deep. Applicant shall provide a dimension plan illustrating that underground parking meets the City parking dimensional standard. Comment: The applicant's site Plan still illustrates 18 foot deep stall at the periphery of the parking lots allowing automobiles to overhang the curb or sidewalk up to two feet. To accommodate the automobile over hang; 4 Agenda Page 35 landscaping around the parking lots must be setback a minimum of two feet from the curb and snow storage must provide for the automobile overhang. The sidewalk in front of Goddard School is 6 feet wide providing adequate width for both the automobile over hang while maintaining a walkable sidewalk. The sidewalk around the perimeter of the apartment center court parking is only 4 feet in width; this sidewalk must be expanded to a minimum width of 6 feet to allow the automobile overhang and a walkable sidewalk. 8. Relocate the parking lot access point for the lot west of Goddard School, 100 feet north of the site's south lot line. Comment. This has been addressed in the final site plan. 9. Applicant shall provide a percentage breakdown of the exterior material on the apartment. Applicant shall provide material detail on the lap siding and board and batten siding. Comment: The applicant's building elevations have been revised to include more brick accents. The applicant has provided exterior material calculations that demonstrate that they meet or exceed the City requirement for brick and glass. Staff has confirmed that the new plans meet City standards. 10. At the daycare site, redesign the north end of the parking lot to prevent apartment residents from shortcutting through the daycare lot to access 53ra Street. Preserve a daycare exit on to the private street north of the daycare. Comment: The daycare site plan has been modified removing the driveway connection to the private street. This is acceptable; however, if the daycare's single point of access and egress presents problems regarding traffic congestion and/or unsafe traffic movements onto 53ra Street, the plan and development/ PUD agreement must preserve an easement for lot 1 to access the private street to provide alternative egress routes from the site. The private road easement must include this option. if the City sees issues related to traffic on 53ra street, the daycare must connect to the private drive and its construction will be at the expense of the property owner. 11. City consideration of the trash enclosure location. Comment: The City Council approved the trash enclosure location south of the Goddard School with the Development Stage. The location is acceptable, and the landscape plan provides significant landscape screening of the trash enclosure location. With the submission of the building permit the city will require a building elevation of the trash enclosure and require that the exterior walls be of masonry construction and similar or complementary to the principal building 12. Submission of a lighting and photometric plan for the entire site. The lighting plan must address the location of all exterior lighting for the property. The pole 5 Agenda Page 36 heights, type of light fixtures, and light levels shall comply with the City standards for exterior lighting. Comment: No lighting plan has been submitted to date. Lighting plans will be required with each phase of development. The daycare appears to be the first development phase, a lighting plan specific to this site must be provided prior to issuance of a building permit. With each phase of development, the applicant must provide a lighting plan that illustrates both freestanding and wall mounted light locations, fixture design, pole heights and light levels. All exterior light shall be designed with 90-degree cutoff fixtures with a shielded light source to prevent glare and nuisance light onto adjoining properties. Areas of emphasis will include building lighting, parking lots, private street and playground area. A photometric plan shall be required to illustrate light levels across the property and at the property lines to ensure that lighting does not become problematic. 13. Landscape plan to include: a. Inspection of existing trees, removal and replacement of any diseased, damaged, or dead trees. Comment: The Landscape plan includes a statement that at the time the grading permit is issued trees on the site will be inspected and all damaged, diseased or dead trees will be removed and replaced with a like species at a size that meets the City's minimum standards. In review of this issues staff recommends the following conditions to the inspection plan. • The inspection must be conducted by a landscape professional (landscape architect, botanist, forester, etc.). The Applicant shall inform the City of the day(s) and times the inspection will be conducted to allow a City Staff member to be present if desired. • The applicant shall provide a summary and survey of the inspection results to the City; that identifies the trees to be removed and replaced. The inspector shall tag the trees to be removed and replaced. • Upon completion of the site grading, the City will inspect the trees to be saved to determine if any of these trees have been damaged due to grading. Applicant shall replace any of the damaged trees. b. Removal of shade trees and landscaping from the CR19 right-of-way and move these plantings onto the project site. 6 Agenda Page 37 Comment: The revised final landscape plan has addressed this item. c. Provide understory planting on the west side of the parking lot west of the daycare to screen the parking lot and headlight glare. Comment: The revised final landscape plan has addressed this item. d. Applicant shall provide a plan through landscaping or fencing to prevent trespassing into the adjoining lots. Said plan shall be approved by the City. Comment: The revised landscape plan has not changed along the west lot line. The Applicant is proposing a stagger row of plantings along both the north and east lot lines consisting of Junipers and shrub roses planted at five foot spacing intervals. The plant selection and planting pattern will create a barrier to deter trespass and will provide attractive year-round hedge as they mature. This hedge has been extended down the shared property line with the lot at the northeast corner of the project site per staff recommendation. Additionally, the applicant must describe the efforts to deter trespass into the properties to the west for council consideration. e. The final landscape plan shall illustrate traffic visiability triangles at each of the intersections or curb cuts onto both private street and public street. Said traffic visibility triangle measures 30 feet parallel to the street and 30 feet into the property. The triangle setback is measured at the property line. Landscaping at the Goddard School entrance and select curb cuts and intersections of the private street do not meet this standard. Comment: The revise landscape plan illustrates the traffic visibility triangles at the intersection of both the private and public streets. In review of the revised landscape plan we note that the traffic Visiability triangles along 53rd Street and County road 19 follow the street's curb line rather than the property line. The plan must be corrected to show the required setback correctly and to modify the landscape plan so as on obstruct traffic visiability at these location. A second area of concern is the curb cut from the parking area west of the day care, entering the private street. The plantings at this intersection may create issue for traffic sight lines for cars leaving the parking lot. 14. Applicant shall provide a scheduled phasing plan for the PUD that outlines timing of site improvement and building construction. Comment. The development scheduling is addressed in the development/ PUD agreement. 15. With the approval of the PUD Final stage the Applicant shall enter into a PUD agreement and development agreement with the City. Said agreements shall be 7 Agenda Page 38 recorded against the properties in the approved PUD District. Comment: The City Attorney has prepared a development and PUD agreement for Council consideration and approval. CONCLUSION Based on our review of the Heuring Meadows Commons Final plat and PUD plans; we find them to be consistent with the approved development stage plans and preliminary plat. We recommend approval with the following conditions: Final Plat: The final plat showing two lots is approved with the following conditions: 1. Revision of the Declaration and grant of Easement covering the shared parking, playground, and pond area address the following items: • Under the maintenance of the improvements paragraph, the parking lot maintenance description shall include parking lot striping and lighting. • The easement shall require maintenance actions by the burdened property, if the City identifies, in writing, conditions in disrepair or items in need of replacement. 2. Revision of the Declaration and Grant of Easement covering the private street shall address the following items: • The easement must be expanded to include Lot 1. If the daycare's single point of access and egress presents issues of traffic congestion and or unsafe turning movements, the City will require the daycare to construct a second exit onto the private street to offer alternative egress routes. • The Maintenance of Improvements paragraph shall include a requirement to have the burdened property initiate street repairs upon written notice by the City if the street falls into disrepair. 3. Wright County approval of the plat and access permits. 4. Subject to the comments of the City Engineer. 5. The applicant shall enter into a development/ PUD agreement with the City. PUD Final Stage: Final PUD approval is recommended based on the Heuring Meadows Commons PUD Final Stage plan set dated February 4, 2020 which dictate 8 Agenda Page 39 the land uses, development patterns, amenities and building design with the following conditions: 1. Wright County approval of the final plat and access permits. 2. The applicant is responsible to all costs associated with design and construction of the site access via County Road 19 and the design and construction of improvements to the County Road 19 / 53rd street intersection including improvements to 53rd Street and signalization of the intersection. 3. The private street shall be constructed to City street standards and signed "No Parking". The site plan shall be revised to note this improvement and illustrate locations of "No Parking" signs. 4. All sidewalks located along head in parking stalls shall have a width of 6+ feet. This shall be shown on the revised site plan. Landscaping and snow storage around parking lot perimeters shall be setback a minimum of two feet. 5. The easement for the private street shall include lot 1 to provide alternative egress options. The single point of access and egress presents problems of traffic congestion or unsafe traffic conditions on 53rd Street. The alternative egress will be constructed by the daycare if directed by the City. 6. The daycare shall provide a detailed elevation and construction plans for the trash enclosure. Said plans shall illustrate the trash enclosure be constructed to match or complement the exterior design of the principal building. 7. Exterior lighting and photometric plans shall be submitted with each phase of site development at time of development. Lighting and photometric plans for the daycare will be required at the time of the building permit being issued and must be approved by the City. 8. The Landscape plan shall be revised to include the following: • The inspection of existing trees must be conducted by a landscape professional (landscape architect, botanist, forester, etc.). The Applicant shall inform the City of the day(s) and times the inspection will be conducted to allow a City Staff member to be present if desired. • The applicant shall provide a summary and survey of the inspection results to the City that identifies the trees to be removed and replaced. The inspector shall tag the trees to be removed and replaced. • Upon completion of the site grading, the City will inspect the trees to be saved to determine if any of these trees have been 9 Agenda Page 40 damaged due to grading. Damaged trees shall be removed and replaced. • The applicant shall describe their proposed methods for deterring trespass onto the properties to the west. 9. The applicant shall enter into a development agreement/ PUD agreement with the City and post necessary financial securities to secure the site development. Said agreement shall be recorded and include all properties within the approved PUD. CC. Adam Nafstad Mike Couri Scott Dalhke Kim Hodea Maeghan Becker. 10 Agenda Page 41 .. o � u 4_.••n� � O Gs 6 A O H.C�• y li O y U 6�'� 4 0 •$ j O �Y o11 � h I r o °uv � H 6NTp o e c I �c�i 31 3 N N z V ti 'd• G w y N� 0! I o4�n N G� �- o a x z o o o oa z4 o .Va.. -.W-.. --{7•�- ..........-.. � � `I `_- �J�vrvl `C: -4�'�'.�'i.'.: �%a�,v=i;iv-�'.=�v� �.. ..� - { 'LVTd AS. ___--, _- Jff=rvr-\ w = V 90rBS.�o S)A .Zt S ,sS.00 ___-_-- ----•—4----- _ _-- _ ''-6I HT9� '3'![ M.t>,scaa s !� � ) 3Ad Xf1V�SV7r' 0. ,a 8ij Oe - G) szi--S- h 'g \r3.oa.oaa0 s ---»--7• , c _ \ _ ,(„aa�oc__ I I y3 00,6¢oos }-0--,ao,a¢oas?11 (W--aaos-w� t.. � aab6 IISw3.00.aaoos Of LI I 59'M 3.a0,0¢00 N 3„0a,0a0a N 1 oat" 00_06 / QO'ZS 3„pa.00.0a M CN1'l5x 3.oaoaaa N --- 3.DaRoo NG�00ns 3 9o.at.so rt (,L77d 3 ' I -r to rhym� g �$ g � giro 3 0 UJ HU uj -- I �— (any xnea8e�) —— CIO -- ------------ I I �:- I � Ilill -11 _ i I I 71 a ova of f E :0' LLI C` C t� I Z'SO Hm � I•g_ �� ¢O m ta. l r <L tC�p�trm ( 80N W Q u v r CLCc a r uL Oho m Q o r rnfD Li i ILu W ° ri --4YLYL- r I I � I IID _ Alatl 3.LVnlad———�—" — —•MHO 3L7Nad •r � I I I � I I � =]�— U ti� � —T I I ---� I I �,k I I y�� I I I =�•e II oc—•I I Oz� �N z1 c� z :i 6 w��I� I ~ I I � ~ I [ ~v T I �• I 1 r,. I - �_g '� Kn� f x w V� I _wJ u__J L— _ ,L�i J SR I w� ¢3 I E n 5zy� I a 3"s I a G$' rig o, n °� r�3s Ism 0001 V I, iMv 31H I I I I I 1 I E a��ac h� � w� 1"s esa U25a - -, PA N w � n ywry �[.„ wQ•.,��S'aw�gw�.,.uii'<to,uaw5--8 8iG8v�r �7ii6�" Z E w� ps�a3 "' g w•a„au<iyw�aw[wo�kw 5 a'- xrF� ••, � }Z m 3 a w' n a aUd�� yoMs o m "� L!J 'dz5 a 2b� 'o cy LV LLI `� S 80_ uu mza a `da = G5o.00OO N = w _ e ,� o00000000 0 0 0 0 0000000 r (•and xnaa8e-1) w�� zQz 6 L HNfS3 ---•«---------_—__W—._ C O � G € o : :':'::::::: /� \j ; ........ ......... :;ice'........:.•::;;:::.;•:•: M [ s,r :_..•. •.. r �II�°• rr.a�;;e..i.•.a.:':f::; :�:•op}':-; N .,/�•.p.-.:..:::':.:• ..a..�" :� :�:� a; :.L�j :✓:�:�: :,,_ .:� � �: :��•_�o��-�� .. -:`:: .,dos.. ::;�':.:..:::':.:'.: �6 - Ko - •.� is O CV Z IC= oz II':�• a'oz l � : U —..... . -75- p _ uj -11 N O— w � ®' <� T l'6Y i 4 LO 00 U r II: W >. Fl 21 i �i L' rly�l S V. a I'•'•W a 9 o s�sr ��::•} _ FTT �P Ill': [: :o:: '�'• :�b�"_o7i ��.. I?a:; C:y;.�t4: .o'c:r-:: :�,.: Sy:::dyc:l'�'• :`.I:°4'f.":: O dos :;=L;' _ : _' _1-• - ------- - -- -- ------ ,N -_ - ll.-�;t _ -- ---_ 77 _.•.�.�,-.r..-.T -.�..V T.T.. - anlaaa>ttnitia;:� - - BB • .. ....W f o w LILI � l ........ LN I ox :Q: :ll °x Liu Zap I � V� v•. I .I € rO � I -cI8 (yO��C��... ...... ...... ..nl J� O llll I . V x I I x § QQj± wA � I -- (•and xne9ee-N) ------ m z'tolO ,�ryp 6'[61 O � -- Ifs- :•t�; .�-Q' - :�Jo':••::'::.:::-:• -.Q�,,-•-^-��.;,_._—� .raw-• I oak ygu O axz y JI 0 ct LU � ars ti —� lop. 1, GOT m � I ., owa _�1 - .:III a• , � gyp(.,.N II E �0. E �On. I L k �� ¢ =J €�,:�;•:-:;•�, °'G '�- ',;; 4r.0•. �( 'O,YZ 0 Z OG r� h, n.Yr• I :_ =:.... h — o At I :: .:I I F I •11 I �� tl � O •!o'ra::: owz 'r ova •II o'r� W o- (I o'rr LU — .... 00 N I m ; O ------ ---- --------A m --^— ------------ -- I I n ryI j cps '.R I —----- L'I CO C-1 cz V� q5 19- 1 /I" 9 pse Z; se - --———— CC- qpls 2l /0 e !Jlj ale ll�'-IT ------ ----- WN L5 0 II!IIL LLJ —"T7 V)0 1-7 IL 9 950 IV ),VM 10 I1,V6 XVAYPSIH SNICIV�J!E) _--- -- -�-- p�;�`-'-�-� �,. 6L 'ONAemqBIHP!VE)IeISAlunoo - - ..--L�� 3SVHd — 7� Cgs N-41 N-10 c2sodoLiol a u [e-ca so lun6gt 1; P LLI Oil a-� N-- ZL WN fill T� za 15 ct ;IPS Do 95 —/T T Ze� T"T, —i. elRC — 77 ....... ..... QAIJ PAIJ Z7� —--------- 'o CA LtG M C3 spa —ell 9C6 — — —-- - — — — 96;— 959 LDSVHd �F L ZZ E IS L"j, LlLj < U_ CD �8 -------------- -- ---- m LLJ 7 too cc J\ it k, > __!._1110 <= ZI, 4��z 104- LLI < t7 07 li '021 --i W W 000. > ilf rrI, nAIIJCI RIVA[Idd .......... L/ �11Y Li 0 LU L.) 'T R ILI 10 11 z I co 0 z LL = �(D < 08" - < I.- 10 0 1,_COD cr, < r" N. 1. Ld rz- 7�c Ei E T Z.q It I ri 8 'y ' xeeP€ir °x5s 2t „Y m37`o" _=3os_a-_ �� •8cs 2ss, s-`o vS �S=x qa S a z W. �. aim '- z asoo °x-R P. xwEfr;e e a � I � opt as, F sm�" o€ Bg5ma � fE �Z � XSe-g$ .` j z zsaa _srM $;smYh w� ass `esaas a„s gY g s�s�� ae d=€ mix wgN116 HH Sgz en Aft �4 axe, w _ n a A e w 6 I. 1-0 �R s L-i U F Q r : LLI C) r CL ti LL' z� �V w 6G 'ON XennuB!N P!H 91M Alun�� — _._ 6G J'ON At?MgBlN pFH aae1S A}unoo .,_. —— � 9 m I �' ti . A!B ZUa�dv cgs£sjiun 6;1 I5 � —�I� d L I'i8I „ v 5 m .IUl Q) I--�-, q y•, 2 Bn(1 a�Ldl1 i 9 �.�� `" � 4 I[ r Hdt a]ry prvtC(RLI 1 Q j LLLILIL�� ya AN i son 1 E R Q Igo Oil 1 0 .2 all lip! 41 it J� ,p a !let fit - 21 m' A gA To of all its 1 list is M Sx. 91 83 11 12 A 1 1 1 i a W .. S. :4 Zt A-71 Al Q , I, , ,1 it p Syl q 01 "1 g, oil 9 F I AN y'! it 1 ys; U, 12 " A S. P4 . 11; 1! N. I. pas 1 1g, 1, P all! "a, pa Q'I A Nm Q 21 11 A 5. & . b:2 Iv E A Rim a g I ('aAV XneOEL�1) 61 HVSO 4 Pr-,�H lynx U1, W71%] N. j 1 TT TT-FT ................. (7(!! .. ........................ M 1 33 L ha W_ r ii /r�W! I��1�� 1, rr �'Yh i�;, � I il� 4�� °�� ..;d I ° 4 ��I .,;;a!� �C /// / l �, �� / � ( ° l �1/� �l �� J 1, f„ 1 i � uu,° ;� %i% � �% / � IIIIIIIIIV .. Y i i / II IL........ i / i ;l � �� i / i 'Vuuuuuuum ..... l r IYYII h i � i /� ° �� i� � � IIIIIIII i ' 'r/ �� l l � � { ti III :: ,,.. a/J /�L%�/�� f% �if(lr v i f �i ,�. l �� ' � �� i ��ii/ o r �r � �i,� � lii�� o�//� i � � J�� r i/r i �� i� ;, � J ° fig � %ii i� �� %%1 ,� �� r „ i l� /f� /,/�� // � � iuquuuuuu / � � � i i-, � � i ;' m ui� � i �w��"�II� �I� �I„ u', 'VV° �� II IV V i � I u��ll '�i�� f °, � , ,i � „�, � �' /�� 1�G i r ��'�� t� �, � *rim I W, y 1: ,� ( m"^+n a i�, 7 u, �. 'M m I III �i�N � 11 ��u� ago �� 'wm r ° 1 i�� ° �fl �� a, i°�. �h� , %f „r j ' � I /�}/� / � / �� , ;� I r U��j � +t,� liiiiillll IIIIII ,� �'� l f�j/ ��j i �, i I�� I ��". / /// l.,<�� ?I �aol� �' �� I � �r � �- �'%� �/�1 rt"f, �� 1�� l ,�i i%� ,� c �� / �� I, � ,� ,. � Ir ,� ��%�r i 8 I1 4 1 I Fj I J 3 II 11 IE 14-4 r 11 Z it ® II * WII J I ' r Q ® I I x I O u r n I II a 11 t n C Eo u�i - a �1 � •� I II �� Q! ® E1 •1 €E e J `� � it ' � I all i II ' It 13 � Q ® F I � a �� x!• I I �� g4 1 � � ��•, e Eli I +•. If � u I! � � I�'li n EI f s� If PAPER ZI I � g � I1 � I R I II �L O- t� O ' I1I I p i I, Tr ut i gig ryI j D y 0I w �n Q, I Y a t rk 1 4IT R: I gg pp I 91 S 41 i II r # 1 .----------_- n '---------_--� U _._ u L_- --..�.�_.._I _—� .—.� r---- —� y .I r-------------J ------ --- E .--.:._-----^---------�._...:.-------------- --- 4 --- — I I 1 I I t I I 11 r---j I g I N Lrl ` 1 I ------ ------ — — ——— L_ __ _ _ _ _ __ __ !r 1 1Y p IIIflljllli / % ?ur ,r r %r f !, r r� ri I`, ; L I, �Mum ,1 r r Ir rl it " r r r{ l l� rarr r �G r� e i �i ' I �+rrwr✓"" rn li rJ 1j � I J �I IIIII I II - "lry " �" '' ❑� Q 11 1 i l— LLto - J_I Ul IL v. IT - # I J ii Q DID�.»,L:IT 77-7 _w < Q� ti Q uj O lair; �� ; —�� —� '� ®®❑❑ � �© ��,li — L ❑❑❑❑ i U IQ-- n�c Q 4 � 12- I I. I 1i171 7 S" 1 _ILL W�W W � lu ap .E _ 30 mm xu0l --- :I - I m� k In :3)y J to ad - - M f r p I Y I 1 ' �Q nOC tL OCR pC� Ftu-.(aa h0 a r Nig- N IX EQ E 311 � 1'1 W IA I ck 1iJi _ EE j! 'i 3 I O w10 00 OC li r � p E 1 F , IR i i i E o oku v� m I CLI. 3 I ' a a0 ul Al Q cal I.-0Y HW- <Lu #- E uo-,ei ' .a-.ss r /' /% ,�� j'� i; �l , % �if � � �� r,/ // , I / i ir '� ,. �� f �� '� ;pry �//io"�,�!w ,�%�i;, � % / ;,; `° /, ,:: %'" ;%/ , r/� ! � �,�� -, �,,,. ��/ �� r ��i�' % I' %! , � ion � w' :. �u I �' VY �! � v o i �! %' � ul � i{�!!I � �°" ,�� ,. � � u �� i �Vi'r� '�id�' 7 �V4 t r �j" / , i;�,/„ � ��` i� % �%% i /f /, �I i i � : �/ .. / J; r / � � � �,,,;/ � 1 i �//��/ �� 1r�t �; � � /i%�o �� ' ��'" M �%�,,, / �� t o��ii/�/i /�///%�/ 'l% v �� i i �..� r�,�l �� - ;�/ / � � // r %� �,,,/i �/�� i ,�,�i r 1 , y'0�� i�� tiI��O��l�li�l��il1 Y �,. !�/ i� � � l � S i� �l `, �� ii '� „I �if � r- � f tl l 'I � ' rinii� fP:� FN us MEi E, g �Irl■ E ¢an .y M , ON PrP P 11Fis U 3�' :■ YYi� `E:i■ no _ G:■ :■ m : o E P � a P; , w V Ill ,n■nn waal ii1 ��1I�■�niaimis�1 ➢: men it .. ::■ .mom ®■ amV L !pm ■ ol, — 9 i • Wpq& s OW 1171 , ami u_ wsa� .ra � W �■ i ® . 4elID@4 ■�� ::■ IN am■ m� �■Ij '„, all C7 3' 9 < s �4 o Ws °wa c _ Ll - - - vn .a rn aLl " . Cs1 .. Y . - _-. w a CQ y� C V CV Cy V- "ro Li cv: U IQ w t Ln U i® N a . V � r � N CN Ln [O y. �- cn f ' (Above Space Reserved for.Recording Data) \ DECLARATION AND;GRANT OF EASEMENTS (Parking Areas,Playground Area, Pond Area)'' . This Declaration and Grant of Easements(the"Declaration") is made as of the day of 2020, by Heuring Meadows, LLC, a Mulriesota limited liabilfty''company (the "Declarant"). ECITAL.S WHEREAS, Declarant is`the 64per of the followrr g'descrrbed real property: Lot 2, Block 1, HEURING MEADOWS COMMOI , Wright Cor(rity, Minnesota(the"Burdened Pro er "); WHEREAS, Declarant i§njbe owner of the following described real property: Lot 3, Block 1, HEURING MEADOWS COMMONS, Wright Count}+;, Minnesota(the "Benefitted Property"); 7-P WHEREAS, Declarant desires to establish iron=exclusive easements over, across and upon portions of the Burdened Property for the benefit of the owners and occupants of the Benefitted Property, subje to the terms and conditions set forth herein; NOW, THEREFORE,Declarant' ereby declares that this Agreement shall constitute covenants to run with the Benefitted Property and the Burdened Property, and that said property shall be owned,used,occupied and conveyed subject to and together with the covenants,rights,obligations and restrictions set forth heem,"all of which shall be binding upon all persons owning or acquiring any right,title or interest therein, and their heirs,personal representatives, successors and assigns. 1. Declaration of Easements. Declarant hereby declares, grants and establishes the following perpetual, appurtenant non-exclusive easements over, across and through the Burdened Property (the"Easements"): a. A non-exclusive easement for vehicle parking over and across those parking lots ("Parking Lots"), now or hereafter constructed and subsequently unproved and maintained for such use, on that portion of the Burdened Property legally described and 1 EXHIBIT K Agenda Page 62 depicted on the attached Exhibit A (the "Parking Lot Areas") in favor and for the benefit of the owners and occupants of the Benefitted Property. b. A non-exclusive easement for recreational use as a playground over and across that area ("Playground Area"), now or hereafter constructed and subsequently improved and maintained for such use, on that portion of the Burdened Property legally described and depicted on the attached Exhibit B (the"Playground Area") in favor and for the benefit of the owners and occupants of the Benefitted Property. c. A non-exclusive easement for drainage and for aesthetic enjoyment over and across that area ("Pond Area"), now or hereaftet constructed and subsequently improved and maintained for such use, on that portion,,of the Burdened Property legally described and depicted on the attached Exhibit C;(the `PPond Area") in favor and for the benefit of the owners and occupants of the B,erimted Property. D d. The Parking Lot Areas,,Playground Area and Pond Area shall collectively be referred to as the Easement Areas. 2. Installation of Improvements Declarant shall install and,, construct the improvements within the respective Iasement Areas, as depicted on Exhibits:,A, B and C, as required by the City of AIbertville, and sub1eet to and rn accordance with all applicable codes and ordinances. � 3. Maintenance of.Improvements. The owner,of the burdened Property ("Burdened Property Owner") shall be ,." esponsrble "for .tl e maintenance, repair and replacement ("Maintenance") of gall improvements construded within the ;Easement Areas. The Burdened Property Owner shall`(i)perform rts�,obligations hereunder in a goad and workmanlike manner; (ii)maintain and operate`the Easement;Areas in seiyieeable condition; and (iii) comply with all laws, rules, orders., ordinances; i.egulatrons. and requirements now or hereafter enacted or prom ulgated',"by any federal,`�gtate, or local of other governmental body or agency having jurisdictroii with respcct thereto.Mautenance shall include, without limitation: a. Parking:.hot Areas Patching and resurfacing,and removal of ice and snow, as deem11 ed: ecessaiy"by Owner of Burdened Property; dL b Pond Areil Weed removal, dredging, water treatment, removal of junk, lrtfei zind dead or diseased vegetation, and other landscape maintenance as deemed necessary by Owner of Burdened Property; c. Playground Area: Inspection,repair and replacement sufficient to maintain playground equipment in safe and in good working order, and landscaping maintenance as deemed necessary by Owner of Burdened Property. 4. Shared Cost of Maintenance. The owner of the Burdened Property and the owner of the Benefitted Property, as applicable, shall be solely responsible for any damage to the Easement Areas caused by the negligent act or omission of such owner, or such owner's tenants, licensees, guests or invitees. With the exception of the foregoing, all costs and expenses of the Maintenance of the Easement Areas shall be allocated among the owner of Burdened Property and 2 Agenda Page 63 Benefitted Property as follows NEED"TO DETERMINE HOW TO ALLOCATE CASTS AND METHOD FORYIRDINED PROPERLY OWNER TO BE REIMBURSED,; 5. Notices? 6. General Liability Insurance? 7. Indemnification and Hold Harmless. The owner of the Burdened Property and the owner of the Benefitted Property shall indemnify and hold the other owner, its respective successors and assigns,harmless from any and all claims, damages, costs and expenses,including reasonable attorney fees and other costs of defense and investigation arising out of or resulting from the use of the Easement Areas or breach of this Declaration by such owner, its tenants, licensees, guests or invitees. ff. x 8. Improvements Restricted. No person other than fhe`Declarant or the Burdened Property Owner shall construct or permit or allow the constructibn,,or installation of any improvements or the storage or placement of any materials or personal property on or within the Easement Areas that would in any way interfere wiffor otherwise impede the rights herein granted with respect to the Easements. The Burdened Property Ownet,sliall have authority;to remove any unauthorized improvements, materials ;or personal propertyon or within the Easement Area, and to undertake action, legal or otherwrsejo enforce the conditions and restrictions contained in this Declaration. 9. Use Restrrctrons The use of.thc respective Easement Areas shall be expressly limited to the purposes specified herein. No vhrcle riay be parked or otherwise remain upon the Parking Lot Area for a period of more than twelve(12) consecutive hours. 0 J 10 Waiver. No person or.,entity havrngs,or acquiring any interest in the Burdened Property or the BehOwed Property, shall have the right to contest or challenge the Easements, or otherrestrtctions, covenants and'conditions sefforth in this Declaration on the basis of the passage of time All such persons and entities,, by their assertion or acceptance of any interest in the Burdened Property or the Benefrtted`Property, are hereby estopped from asserting and shall be deemed to have waived any clarrri`that any;provision of this Declaration is invalid or unenforceable in whole or in part due to the passage of time whether such claim arises or is brought forth under Minnesota Statutes Section 500.20, Minnesota Statutes Section 541.023, or any other statute or law heretofore or hcreafter enacted. 7.. 11. Construction''a-hd Binding Effect. The Easements and each and all of the covenants, rights, obligations and restrictions granted, conveyed or established by or under this Declaration are affirmative and negative covenants which shall run with the land and shall be interpreted and construed as integral,essential and non-severable parts of this Declaration. This Declaration shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns, and any other persons having or acquiring an interest in the Benefrtted Property or the Burdened Property. 3 Agenda Page 64 12. Applicable Law. This Declaration shall be construed and enforced in accordance with the laws of the State of Minnesota. If any portion of this Declaration is unenforceable under Minnesota law,the balance of the Declaration shall remain in full force and effect if enforcement of the remainder of the Declaration is reasonably practicable. 13. No Dedication. Nothing herein contained shall be deemed a gift or dedication of any portion of the Easement Areas or the Burdened Property to the general public. 14. Non-Merger. The Easements and the covenants and conditions contained in this Agreement shall not terminate or be deemed to have merged into,`any estate by virtue of any owner, now or hereafter, owning or acquiring title to all or part of b"Athe Benefitted Property and the Burdened Property. r 15. Duration/Amendment. Except as otherwise specifically provided above, Easements, covenants, restrictions and obligations established hereby shall be effective upon the recording of this Declaration in the appropriate recording office of Wright County and shall be perpetual unless terminated or modified by an amendment. This Agreement may be amended only with the approval of the owners of the Burdened'Propertv,-,,�and the BeneAited Property. The amendment shall be reduced to writing, signed by the approving parties and iecded in the same county recording office in which this Declaration is recorded: IN WITNESS WHEREOF,Declaranf leas ekeeuted this Declaration on the day set forth above. Henring;Meadows,LLC, �aIVlninesota limited liability company f By':^, ,Walt Van Heest Its Chief Manager STATE OFIVIINNESOTA ) COUNTY OF ': :.::.'..,„ ) a- The foregoing rnsti,umebt was acknowledged before me this_day of , 2020, by Walt Vats Heest, the Chief Manager of Heuring Meadows, LLC, a Minnesota limited liability company,on behalf of said'com" pany. Notary Public THIS INSTRUMENT DRAFTED BY: Gries Lenhardt AIlen,P.L.L.P. (JMP) 12725 43`d Street NE, Suite 201 St. Michael,MN 55376 (763)497-3099 4 Agenda Page 65 EXHIBIT A TO DECLARATION AND GRANT OF EASEMENT Legal Description and Depiction of Parking Lot Area sw s Agenda Page 66 EXHIBIT B TO DECLARATION AND GRANT OF EASEMENT Legal DescriptionadDeictio of Plqyground Are �« ��2 "�� - «y y: Agenda Page 67 EXHIBIT C TO DECLARATION AND GRANT OF EASEMENT Legal Desoription and Depiction of Pond Area it l /1 \y / V V l..:::..ate Agenda Page 68 y�. (Above Space Reserved for Recording Data) fl DECLARATION AND GRANT OF EASEMENT (Private Roadway) This Declaration and Grant of Easements (the"Declaration") is made as of the_day of ,2424, by Heuring Meadows,LLC, a Minnesota hmtted liability company(the "Declarant"). Rk �% REICITALS01 WHEREAS,Declarant is the owner of the following described real property: Lots 1, 2 and 3, Block 1, HEURING MEADOW'S COMMONS,Wright Cou ty,Minnesota(the `Burdened ti Pro e »); � WHEREAS,Declarant desires.t6resthblish a non-exc usive easement for use and access as a private roadway over, across Arid upon portions of the Burdened Property for the benefit of the owners and�occupants of te following described real property: Lots 2 and 3, Block 1, HEURING MEADOWS COMMONS,,Wright County,Minnesota(the`BeneStted Propertl"), subject to�hc terms and conditions set forth herein; fr NOW,THEREFORE,Declarant hereby declares that this Agreement shall constitute covenants to run with the Beneftted Property and the Burdened Property, and that said property shall be owned, used, occupied,and conveyed subject to and together with the covenants, rights, obligations and restrictions"set forth herein, all of which shall be binding upon all persons owning or acquiring anyright,title or interest therein, and their heirs,personal representatives, �r successors and assigns. 1. Declaration of non-Exclusive Easement. Declarant hereby declares, grants and establishes the following perpetual, appurtenant non-exclusive easement(the "Easement") over, across and through the Burdened Property for vehicular and pedestrian access, ingress and egress over and across the private roadway (the "Private Roadway"), now or hereafter constructed and subsequently improved and maintained for such use on that portion of the Burdened Property legally described on the attached Exhibit A and EXHIBIT L. Agenda Page 69 depicted on the attached Exhibit B (the "Private Roadway Easement Area") in favor and for the benefit of the owners and occupants of the Benefitted Property. 2. Installation of Improvements. Declarant shall install and construct the Private Roadway within the Private Roadway Easement Area subject to, and in accordance with, all applicable codes and ordinances. 3. Maintenance of Improvements. The owner of Lot 2,Block 1,HEURING MEADOWS COMMONS, Wright County,Minnesota("Lot 2 Owner") shall be responsible for the maintenance, repair and replacement("Maintenance")of all n rprovgments within the Private Roadway Easement Area, including,without limitation, patching and resurfacing, and removal of ice and snow. The Lot 2 Owner shah- (i)perform its obligations hereunder in a good and workmanlike manner; (ii)maintain and operate the Private Roadway in serviceable condition ; (iii)comply*ith all laws, rules, orders, ordinances, regulations and requirements now or`her6 er enacted or promulgated by any federal, state, or local or other governmental`bbdy or agency having lurisdiction.,with respect thereto; and (iv) shall not cause or,permrt,,any mechanic's lien to attach to Lot 1 or Lot 3,Block 1, HEURING MEADOWS COMMONS;Wright County,,Minnesota ("Lot 1"and"Lot 3",respectively). The Easement'shall include a right of reasonable access to the Private Roadway Easement Area in favor of the Lot 2 Owner to exercise its rights with respect to the Easement aridt discharge its Maintenance obligations established hereunder. a 4. Shared Cost of Maintenance. ' a. The owner of Lot'1.J Lot 2 or Lot 3,'as applicable, shall be solely responsible for any damage to the Private Roadway that is caused by the act or omission of such � k owner, or"such owh&. s tenants, licensees, guests or invitees. b. Unless and until such"time as the Private Roadway Easement herein is granted for the benefit of Lot 3, and-except-as set forth in subsection a. above,the owner of Lot 33 shall not bo responsible for/any costs or expenses related to the Maintenance of the Private Roadway C. Except as set forth rn subsection a, above, all costs and expenses of the Maintenance of;, e Private Roadway shall be allocated among the owner of Lot 2 and Lot 3 as follows DEED TO DETERMINE HOW TO ALLOCATE COT D METHOD FOR LOT 2 OWNER TO BE REIMBURSED.? 5. General LiabilJV. nsurance? 6. Notices? 7. Indemnification and Hold Harmless. The owner of Lot 1, Lot 2 and Lot 3 shall indemnify and hold each other owner, and its respective heirs and assigns,harmless from any and all claims, damages, costs and expenses, including reasonable attorney fees and other costs of defense and investigation arising out of or resulting from the use of the Private Roadway Easement or breach of this Declaration by such owner, its tenants, licensees, guests or invitees. Agenda Page 70 8. Improvements Restricted. No person other than the Declarant or the Lot 2 Owner shall construct or permit or allow the construction or installation of any improvements or the storage or placement of any materials or personal property on or within the Easement Areas that would in any way interfere with or otherwise impede the rights herein granted with respect to the Easement. The Lot 2 Owner shall have authority to remove any unauthorized improvements, materials or personal property on or within the Easement Area, and to undertake action, legal or otherwise, to enforce the conditions and restrictions contained in this Declaration. 9. Use Restrictions. The use of the Private Roadway Easement Area shall be expressly limited to the purposes specified herein. Except for temporary acid reasonable activities required in connection with Maintenance,no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians of vehicles over any portion of the Private Roadway shall be erected, condoned or permitted;nor shall any other conduct,passive or affirmative, including but not limited to the parking or storage of vehicles,.be permitted which would in any manner restrict the rights of�the respeetive owners of any of the= Benefited Property, their tenants, invitees, guests and hceris`ees to fully utilise the Private Roadway for the purposes permitted herein. In no eventshall any owner allow any construction-related traffic that will-cause damage to the Private Roadway to utilize the Private Roadway, nor shall any ownex allow traffic to use said Private Roadway which has a weight rating which exceeds th"e"weightiating for which said Private Roadway was designed and constructed. y 4 , 10. Waiver. No person or entity having or acquiring any"interest in the Burdened Property or the Benefitted Property, shad have the right to contest or challenge the Easement,or other restrictions, covenants and,conditions set forth in this Declaration on the basis of the passage of time All such persons and entit es by their assertion or acceptance of any interest in the Burden "&Property of the Benefitted Property, are hereby estopped from asserting and shall be deemed to have waived any claim that any provision of this declaration is invalid or unenforceable in whole or in part due to the passage of time whether such claim arises or ml rought forth under Minnesota Statutes Section 500.20, Mninesota Statutes Section 541 023, or any other statute or law heretofore or hereafter enacted.'.. „ 11. Constiuction`and Bindin Effect.ffect. The Easements and each and all of the covenants, rights, oblig at,ons,and restrictions granted, conveyed or established by or under this Declaration are affirmative and negative covenants which shall run with the land and shall be interpreted and construed as integral, essential and non-severable parts of this Declaration. This Declaration shall be binding upon and inure to the benefit of the parties hereto,their respective successors and assigns, and any other persons having or acquiring an interest in the Benefitted Property or the Burdened Property. I2. Applicable Law. This Declaration shall be construed and enforced in accordance with the laws of the State of Minnesota. If any portion of this Declaration is unenforceable Agenda Page 71 under Minnesota law,the balance of the Declaration shall remain in frill force and effect if enforcement of the remainder of the Declaration is reasonably practicable. 13. No Dedication. Nothing herein contained shall be deemed a gift or dedication of any portion of the Private Roadway Easement Area or the Burdened Property to the general public. 14. Non-Merger. The Easement and the covenants and conditions contained in this Agreement shall not terminate or be deemed to have merged into any estate by virtue of any owner, now or hereafter, owning or acquiring'title to all or part of both the Benefitted Property and the Burdened Property. 15. Duration/Amendment. Except as otherwise sp cifically provided above, Easements, covenants, restrictions and oblrgatio' s established hcreby shall be effective upon the recording of this Declar"ation'in the approprr e recording office f of Wright County and shall be perpetual unless terminated or modifiedb.,y an amendment. This Agreement tnay-be':amended only with the approval'of the owners of the Burdened Property and the Benefitted'Property. The"amendment ii shall be reduced to writing, signed by the approving parties and recorded in the same county recording office in which this Declaration is recorded. IN WITNESS WHEREOF,Declarant has executed this Declaration on the day set forth above. Henan'1Vlea0ows,LLC, iiMmnesotayIimited liability company By Walt Van Heest Its: Chief Manager STATE qF MINNESOTA-\) } ss COUNTYOF The foregoing instrument was acknowledged before me this_day of , 2020, by Wait Van Heest the.Chief Manager of Heuring Meadows, LLC, a Minnesota limited Iiability company, on behalf of said company. Notary Public THIS INSTRUMENT DRAFTED BY: Gries Lenhardt Allen, P.L.L.P. (JMP) 12725 43d Street NE, Suite 201 St. Michael,MN 55376 (763) 497-3099 Agenda Page 72 EXHIBIT A TO DECLARATION AND GAT OF EASEMENT Description of PrivateRoad Easement Area A30.00 wide easement for private drive purposesover,under, d acrop thefollowing described property: Lots 1, 2 and \ BIB\ \ HEUR NG MEADOWS COMMONSaccprding m the recorded plat thereof, Wright Cou my,Minnesota. } . - �� The centerline of A/ easeme! b described as follows41 \� .......... » - � y �. �» Agenda Page 73 EXHIBIT TO DECLARATION AND GRANT OF EASEMENT Depiction of Private Road Easement Area ��\ © ��< Agenda Page 74 "' A�Ibcrtvilci lif MEMORANDUM Date: March 10, 2020 To: Al Brixius, City Planner Cc: Paul Heins - Building Official Eric Bullen- Fire Chief Scott Dahlke, P.E. — Civil Engineering Site Design From: Adam Nafstad, P.E., City Engineer Subject: Heuring Meadows Commons Final Stage PUD Review The following items shall be included as conditions of PUD approval for Hearing Meadows Commons: A. All Engineering plan review comments shall be addressed to the satisfaction of the Fire Chief and City Engineer. B. Plans shall comply with Minnesota State Fire Code (MSFC) for fire flows and Fire Features found in Chapter 5. C. The Applicant secures are necessary construction permits required for the improvements and provides the City with a copy of the permits prior to the start of construction. Permits include NPDES (storm water), Mn Department of Health(watermain), Mn Department of Labor and Industry, MPCA (sanitary sewer), and Wright County permits as required. D. The plans and plat shall be submitted to the Wright County Highway Department for review and approval. An entrance permit and/or work within the right-of-way permit will be required. E. Right-of-Way shall be dedicated as determined by the County. F. All Improvements are constructed in accordance with the latest edition of CEAM's Standard Utility Specifications and Albertville City Standards. G. Record drawings of all site improvements, as described by the City's As-Built Checklist, are required prior to release of surety. H. SAC and WAC fees shall be paid prior to issuance of building permits. 1. The monthly storm water fees shall be established prior to issuance of building permits. J. Drainage and utility easements shall be established over all sewer and water and stormwater improvements, as proposed on sheet C1.0, Development Plan, of the 02/04/20 Final Stage PUD plans. K. An ingress and egress easement over the private drive shall be provided to the residential parcel in the northeast corner of the plat. The access easement shall include the entire north/south segment of the private road, the east/west segment located to the south of the parcel, and the two east/west segments to the west of the parcel. Albertville City lut * 5959 Min Avenue NL,PO Box 9*Albertville, IVnN 55301. a (763)497-3394 Agenda Page 75 Exhibit M Final Stage PUD Memo—Heuring Meadows Commons 03/10/20 Page 2 of 3 L. All sidewalks,pedestrian ramps, handicap stalls and accessible routes shall be compliant with ADA standards. M. Signing and striping of the parking lots shall be in accordance with the latest edition of the MMUTCD and as required by fire regulations. N. An operations and maintenance plan for the proposed stormwater management system shall be submitted for review. O. Street Lighting—a lighting plan for the site shall be submitted for review. P. Traffic Signal—A traffic signal at CSAH 19 and 53rd Street NE will be required. The Developer shall be responsible for all costs associated with the traffic signal, required modification to 53rd Street NE and/or CSAH 19, and striping. Q. The proposed right-in/right-out access to CSAH 19 will need to be constructed prior to occupancy of the townhomes and apartments. A detailed design and traffic control plan shall be submitted for review. The Developer shall be responsible for all trail and utility relocation work required as part of the turn lane work. The Developer shall protect all trees and structures on the private property and adjacent to the R/W. Developer shall coordinate work with private property owner. R. Development fees shall be established and paid per the PUD Agreement. S. Surety for the improvements shall be required and in place prior to release of plat. The surety requirement shall be 100% of the municipal improvements, 50% of the on- and off-site improvements, and 150% of the landscaping improvements. T. The Final Stage PUD Plans, dated 02/04/20 shall be revised to address the following plan review comments (note: numbering below corresponds to redlined plans provided to Civil Engineering Site Design) Sheet C 1.0 1. Provide ingress and egress easements to residential parcel as highlighted. Sheet C2.1/2.2 1. Consider revising all D412 curb to B612. 2. Find a more attractive alternative to the proposed guard rail. 3. Consider heavy pavement sections at the areas noted, as these segments may be used for future development to the east. 4. A separate detailed design of the right turn lane and trail relocation will be required. 5. Include restoration notes for street and sidewalk patching. Sheet C3.1/3.2 1. Provide a detail of the Pond EOF. 2. Revise grading to ensure no runoff is directed to the adjacent property. Sheet C4.1/4.2 1. Remove and replace existing GV at location noted. Allbertvitle City�Ut * .59.59 Main Avenue NE,PO Box 9*Albeilvitte,MN 55301 a ('763)497 3394 Agenda Page 76 Exhibit M Final Stage PUD Memo—Heuring Meadows Commons 03/10/20 Page 3 of 3 2. Provide separate domestic and fire protection water lines with valves located within easement. 3. Remove and replace existing GV at location noted. 4. Replace 90 degree bend with 2—45's at location noted. 5. All townhome unit water services shall include a curb stop. Relocate service sets so curb stops are not located in driveways or pavement. 6. Add a 4" RSV at the location noted. 7. Remove the 8" RSV at the location noted. 8. Extend 8"watermain to the northeast parcel. 9. Remove the text and leader at the location noted. 10. Revise 4" segment of watermain to 6" and extend to northeast parcel. 11. Add hydrant and GV at the location noted. 12. Label"connect to existing" watermain at location noted. Sheet C5.1/5.2 (and stormwater calculations) 1. The stormwater calculations show catchment 21 S being routed to the on-site retention pond, but the proposed backyard storm sewer line behind the quad homes ties into the existing storm sewer that discharges into the existing common pond. Extend the storm sewer from CB-27 south into the retention pond. 2. Provide storm sewer sizing calculations. 3. Submerge FES-A2 so that it acts as a skimming device. Include city detail plate 4-200 in details. 4. Revise directional arrows on existing storm sewer. 5. Remove the non-existing storm sewer as noted (this storm sewer is not there). 6. Bulk head all existing storm sewer stubs along westerly boundary. 7. Remove (not retrofit) existing CB in turn lane (final design needed). 8. Adjust structure in trail as needed(final design needed). 9. All work on 53rd Street shall be coordinated with the City. Pavement restoration shall be completed within 72 hrs of initial disturbance. Sheet 6.1/SWPPP 1. Ensure all items in Section 5.1 of the NPDES construction permit are provide, specifically Section 5.9. 2. SWPPP will need to be revised per construction staging and sequencing. Separate SWPPP's will be needed for construction of lots 1 and 2. Please let me know if you have any questions. Albertville City lUt * .59.59 Myles Avenue NE,PO Box 9*Albertville,MN 55301. a (`763)497 3394 Agenda Page 77 Exhibit M U December 13,2019 -4y4 7E35t' Adam Nafstad Albertville City Engineer/Administrator 5959 Main Avenue NE Wright County PO Box 9 Highway Department Albertville,MN 3600 Broddock Ave NE Buffalo,MN 55313 Ph:(763)682-7383 Fax:(763)682-7313 RE: Plat Review—I Ieuring Meadow Commons CSAH 19,Albertville VIRGIL HAWKINS,P.E. Plat No. 19.06 Highway Engineer CHAD HAUSMANN, P.E. Assistant I lighway Engr. Dear Mr.Nafstad, STEVE MEYER Maintenance We have received the application for Preliminary Plat Review for the proposed Heuring Superintendent Meadows Commons. Wright County may have additional comments prior to signing the JEREMY CARLSON,P.L.S. plat and as the project progresses to the permitting and construction phase. We have the Right-of-way Agent following comments at this time. SARA BUERMANN,P.E. Traffic Engineer 1) The proposed plat is along County State Aid Highway(CSAH) 19. 2) An Access Permit will be required for the proposed private street access. A right turn lane to the proposed private street access must be incorporated on CSAH 19 as pant of this proposed development. Length and typical section to be determined when additional information is provided to the county as part of the permitting process. 3) The plat must show access/right of entry to the development's private street for PID 10 1500024 100. When PID 101500024100 develops, access will be from the private street and not directly to CSAH 19. 4) Any proposed work within the CSAH 19 right of way will require a Right of Way permit. 5) The traffic study completed by SRF and dated December 2,2019 recommends the installation of a traffic signal at the intersection of CSAH 19& 53rd Street NE. The traffic signal will be required to be constructed at no cost to the County. 6) A cooperative agreement between the City of Albertville&Wright County addressing issues related to the proposed highway improvements(future signal), must be in place &approved prior the Highway Department issuing any access and/or right-of-way permits for the above-mentioned development. EXHIBIT N An Equal Opportunity Employer Agenda Page 78 Page 1 of 2 7) The proposed development drainage must not exceed existing drainage rates(i.e.the rate at which storm water is discharged from the site must not increase)into the County highway system along CSAH 19. The City or project developer will need to verify that all existing drainage patters and system affecting Wright County Highway right of way will be perpetuated. Please contact us at 763-682-7383 if you have any questions or need further clarification. Sincerely, Ia4zzl C 3 Sara Buermann,PE Traffic Engineer Cc: Virgil Hawkins, County Engineer• Chad Hausmann,Assistant County Engineer Scott Dahlke,Civil Engineering Site Design,LLC Steve Jobe,County Surveyor Eric Stennes, Senior Survey Technician File Agenda Page 79 Page 2 of 2 AGREEMENT NO. 19-56 COOPERATIVE HIGHWAY IMPROVEMENT TRAFFIC CONROL SIGNAL MAINTENANCE AGREEMENT BETWEEN THE COUNTY OF WRIGHT AND THE CITY OF ALBERTVILLE FOR HIGHWAY IMPROVEMENTS ASSOCIATED WITH THE HEURING MEADOWS COMMONS DEVELOPMENT CSAH 19 IN THE CITY OF ALBERTVILLE PAIAGREEMNMAlbeitville 1956 lleuring Meadows Commms,CSAH 19.doc EXHIBIT N Agenda Rage 80 COUNTY OF WRIGHT CITY OF ALBERTVILLE Recommended for Approval: Recommended for Approval: Wright County Engineer City Engineer, City of Albertville Approved: Approved: Wright County Board Chair Mayor,City of Albertville Wright County Administrator Administrator, City of Albertville Wright County Attorney City Attorney, City of Albertville Date Date December 1 S,2019 1!AAGAF:PMNTMAlberwille 1956 Heuring Meadows Commons.CSAH 19.doe Agenda Page 81 A,1bertvil l£ S—HT—nW.9.agCRVU.. Mayor and Council Request for Action March 12, 2020 SUBJECT: HEURING MEADOWS COMMONS DEVELOPER'S AGREEMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve developer's agreements for Lots 1 and 2 of Heuring Meadows Commons. BACKGROUND: Heuring Meadows Commons consists of a mixed-use PUD including a commercial day care, 26 townhomes and a 159-unit apartment building. The development received preliminary plat approval and development stage PUD approval as a three-lot subdivision, with the daycare on Lot 1, the apartments on Lot 2 and the townhomes on Lot 3. The Developer is proposing to combine Lots 2 and 3 so that the plat will only have Lot 1 (daycare) and Lot 2 (townhomes and apartments). Because the costs to develop the apartments and townhomes are so large, and because the Developer does not have the financing package for the residential construction in place at this time, the Developer is asking that a number of fees and financial obligations that are normally due when the plat is filed be due for Lot 2 prior to the issuance of a building permit for any of the residential buildings. These fees would include park dedication fees, the 3.5% administrative fee, sanitary sewer and water trunk line fees and the letter of credit. Because the day care on Lot 1 is ready to go as soon as all City approvals are in place but the residential development on Lot 2 is not ready now, and because Lot 1 is going to be sold by the developer at closing, the developer has asked that the City approve two separate developer's agreements, one for Lot 1 and one for Lot 2. KEY ISSUES: • All residential apartments and townhomes are now on Lot 2; the daycare remains on Lot 1. • Lot 1 (commercial daycare)has a separate developer's agreement that will require a letter of credit and payment of fees at the time of the filing of the plat. • The Lot I developer's agreement will be assigned to the developer of the daycare, who will resume full responsibility for the obligations of the developer for Lot 1, and Heuring Meadows, LLC will be released from the obligations of the Lot 1 developer's agreement and only remain responsible for Lot 2's developer's agreement obligations. P:ACity Council\Council Packet Information\2020\031620\Heuring Meadows Items\7-RCA Heming Meadows Commons dev agreements.docx Meeting Date:March 16,2020 Agenda Page 82 Mayor and Council Request for Action—March 16, 2020 Heuring Meadows Commons Developer's Agreements Page 2 of 3 • The Developer of Lot 1 will put up a letter of credit in the amount of$129,180 to ensure completion of the required improvements on this lot, $42,000 of which is to ensure payment of the stoplight costs. • Lot 2 (all residential units) has a separate developer's agreement that will require payment of$610,000 in park dedication fees, an administrative fee likely to be approximately$24,000, and sanitary sewer and water trunk line fees of approximately $39,000 at the time the first building permit is pulled for any residential building rather than at the time of the filing of the plat, which is when these fees are normally collected. • The Lot 2 developer's agreement will not require a letter of credit until such time as the first building permit is applied for rather than at the time of final plat when we normally require a letter of credit. • The Developer of Lot 2 will have to install municipal sewer, water, storm sewer, ponding, and the private drive, which will also serve Lot 1 should the Council deem that necessary in the future. • The private drive will also serve the current house located north of the plat and which abuts CSAH 19 if deemed necessary by the Council in the future. • The owner of Lot 1 will provide a letter of credit for 14% of the $300,000 estimated cost of the stop light at the time of filing of the final plat. The owner of Lot 2 will provide a letter of credit for 86% of the $300,000 estimated cost of the stop light prior to the filing of a building permit application. Once the letters of credit are in place, the City will contract for and install the stoplight and accompanying changes to the intersection of 53rd Street and CSAH 19. • The Developer will sign a waiver of the right to appeal an assessment of the stoplight cost in the total amount of$300,000 ($258,000 to Lot 2, and $42,000 to Lot 1). The number of years of the assessment will need to be deterinined when the assessment is levied. Once occupancy permits for all residential units are issued (i.e. after all townhomes and the apartments are fully constructed), and after the assessments for the stoplights are levied the City will release that portion of the letter of credit attributable to the stoplights. The thought here is that after a multi-million dollar investment in the lots, the special assessments will be timely paid and will not go tax forfeit, eliminating the need to keep the letter of credit over the entire term of the assessment. POLICY/PRACTICES CONSIDERATIONS: Developer's agreements are approved with all final plats that require installation of improvements. The Lot 2 developer's agreement varies considerably from our standard agreements in that the letter of credit and a number of the fees normally paid at the time of plat will not be due until the Developer is ready to apply for a building permit. Staff believes that this arrangement will ensure that Lot 2 cannot be developed until all applicable fees and the letter of credit are received. City Staff will need to make sure that no building permit is issued for Lot 2 until all such fees and the required letter of credit are in place. FINANCIAL CONSIDERATIONS: As noted above, the Lot 2 developer's agreement delays the time that the City will receive about $675,000 in fees and a letter of credit in excess of$1 million until the Developer is ready to apply for a building permit. It also delays the installation of the stoplight until such time as the Developer is ready to apply for a building permit. This agreement presumes that the Developer ultimately puts the necessary financing package together P:ACity Council\Council Packet Information\2020\031620\Heuring Meadows Items\7-RCA Heming Meadows Commons dev agreements.docx Meeting Date:March 16,2020 Agenda Page 83 Mayor and Council Request for Action—March 16, 2020 Heuring Meadows Commons Developer's Agreements Page 3 of 3 and applies for the building permit. If that does not occur, Lot 2 will sit vacant and the City will not receive these fees until such time as the Developer is able to get financing, or a new development proposal is brought forward and approved, at which time these fees would be addressed in the new development approval. In short, we are not able to provide a date certain upon which these fees will be paid to the City or a date upon which the stoplight will be installed. LEGAL CONSIDERATIONS: The Lot 2 developer's agreement provides no set timeline upon which the City can require the Developer to pay the required fees and post the letter of credit. If the Developer does not post the letter of credit or pay the required fees, the City's only practical remedy is to withhold building permits for the residential buildings on Lot 2. Responsible Person/Department: City Attorney, Mike Couri Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Developer's Agreement, Lot 1; Developer's Agreement, Lot 2 P:ACity Council\Council Packet Information\2020\031620\Heuring Meadows Items\7-RCA Heming Meadows Commons dev agreements.docx Meeting Date:March 16,2020 Agenda Page 84 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT HEURING MEADOWS COMMONS, LOT I THIS AGREEMENT, entered into this day of March, 2020 by and between Heuring Meadows, LLC., a Minnesota Limited Liability Company 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 the real property described in Exhibit A, attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development and which real property is subject to the provisions of this Agreement; and WHEREAS, Developer is proposing to subdivide Outlot A of the plat of Heuring Meadows, Wright County, Minnesota, into 2 lots with the intention of constructing a commercial daycare operation on Lot 1 of Said Plat, and a 159 unit apartment complex and 26 townhomes on Lot 2 of Said Plat. Said subdivision which is to be governed by this Agreement is intended to bear the name "Heuring Meadows Commons"and shall be hereinafter referred to in its entirety as"Said Plat"or"Subject Property"; and WHEREAS,the City has given final approval of Developer's plat of Heuring Meadows Commons (attached hereto as Exhibit B) 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, stop lights, improvements to CSAH 19 and 53rd Street, sanitary sewer, municipal water, moving of the existing trail, street signs, traffic signs and drainage pond (hereafter"Municipal Improvements")be installed to serve the Development, to be financed by Developer; and 1 Agenda Page 85 WHEREAS, the City further requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, Private Drive, storm sewer, top soil and sod, grading control per lot,bituminous or concrete driveways, drainage swales,berming, street signs, street lights, street cleanup during project development, erosion control, landscaping, and other site-related items; and WHEREAS, this agreement applies only to Lot 1 in Said Plat while a separate Development Agreement to be executed by Developer and City will apply to Lot 2 in Said Plat; 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 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. The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph: A. The uses on Said Plat shall be restricted as follows: 1) Uses on Lot 1 of Said Plat shall be limited to a commercial daycare constructed in the configuration shown on the attached Exhibit C and substantially similar to the renderings shown on the attached Exhibit D. The underlying zoning applicable to said Lot 1 shall be the City's B-2A zoning ordinance as it is amended from time to time, except for such variation from the terms of such zoning as is specifically provided in this Agreement and except that the principal use on such lot shall be a commercial daycare. No other structures shall be constructed on said Lot 1. B. Setbacks on Lot 1 shall be as shown on the attached Exhibit C. C. Lots 1 and 2 of Said Plat shall be subject to an easement agreement which shall include provisions substantially accomplishing the following objectives: 2 Agenda Page 86 1) Lots 1 and 2 of Said Plat shall have full use of the private drive and parking areas on Said Plat extending from 53rd Street to CSAH 19 as shown on the attached Exhibit C (collectively, "Private Drive"), provided that Lot I shall not initially be connected to the Private Drive, but shall connect to said Private Drive if deemed necessary by the City Council. Said connection, if required by the City, shall be made in the location shown on the attached Exhibit E. At such time as Lot 1 connects to the Private Drive, Lots 1 and 2 shall share the costs of maintaining the Private Drive. The Private Drive shall be maintained by the owner of Lot 2 in good repair at all times similar to the manner in which the City maintains its residential streets. 2) At the time the final plat is recorded,Developer shall record an easement agreement at the Wright County Recorder's Office that shall be binding upon said Lots 1 and 2,that meets the approval of the City Attorney and the City Engineer, and that provides for access to the Private Drive by Lot 1 if required by the City. Said Private Drive shall not be maintained by the City and shall remain a private road. D. The Private Drive shall be constructed by Developer and shall be signed "no parking" at all times except in the designated parking areas shown on the attached Exhibit C. In the event the Private Drive is not maintained in good repair at all times, the City may, but shall not be required to, maintain said Private Drive and parking areas adjacent to the Private Drive. The owner of Lot 2 agrees to pay all costs of such City maintenance within 30 days of the mailing of an invoice by the City. If the owner of Lot 2 fails to so timely pay said invoice the City may certify said costs to the County Auditor for collection with the real estate taxes for said Lots 1 and 2 pursuant to Minn. Stat. 366.012. If at such time Lot 1 is using the Private Drive, the City shall apportion such costs between the lots according to the relative percentage of their square footage to the total square footage on Said Plat. E. Trees, shrubs,berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit F, at such times set forth below: 1) The landscaping shown on Exhibit F shall be installed no later than 60 days after issuance of occupancy permits for the buildings closest to such landscaping, weather permitting. 2) The owner of Lot 1 shall replace trees and plantings shown on the landscaping plan attached as Exhibit F that become diseased or die on Lot 1 from time to time and shall maintain such landscaping screen in good repair at all times. 3 Agenda Page 87 F. Required lot line,road and building setbacks for the lots shall be as shown on the attached Exhibit C. G. Developer agrees that the 159-unit apartment building and the 26 townhome units to be constructed on Lot 2 of Said Plat will create a dangerous traffic situation at the intersection of 53rd Street and CSAH 19 unless a stoplight and turn lane improvements are installed at said intersection. Accordingly, to avoid the occurrence of such a dangerous situation, Developer agrees that no occupancy permits shall be issued for any residential units on said Lot 2 until stoplights are installed at the intersection of CSAH 19 and 53rd Street and the accompanying street improvements recommended in the traffic study conducted by SRF dated December 2, 2019 and on file with the City Clerk ("Stoplight Improvements") are installed. Developer shall be responsible for the cost of the installation of such Stoplight Improvements. Developer shall provide the City with a letter of credit securing the payment of the cost of said Stoplight Improvement as required by paragraph 3 of this Agreement. The City shall construct said Stoplight Improvements so long as adequate funds remain available in Developer's letter of credit required by paragraph 3 of this Agreement. Developer has requested that the City construct the Stoplight Improvements and specially assess the costs of said Stoplight Improvements to the properties in Said Plat, and Developer agrees to execute the Assessment Waiver attached as Exhibit G to this Agreement. H. Developer shall install storm sewer on Lot 1 as shown on the Storm Sewer Utility Plan attached Exhibit H at Developer's expense. I. Developer shall install those fire hydrants located on Lot 1 as shown on the Heuring Meadows Commons Final Stage PUD Sanitary and Water Utility Plan. Hydrant number 1 shall be installed prior to the issuance of an occupancy permit for the building on Lot 1 and hydrant number 2 shall be installed concurrently with the installation of the water line on Lot 2. J. For a period of two years from the date of approval of Said Plat any modifications to the City's Official Controls shall not apply to Said Plat. At the end of said two-year period, any such modifications to the City's Official Controls shall apply to Said Plat in accordance with Minnesota law. 2. Construction of On- and Off-Site Improvements. A. Developer shall construct all on- and off-site improvements on Lot 1 including installation of yard top soil, sod and seed in all yards, 4 Agenda Page 88 landscaping, grading control per lot, bituminous or concrete driveways and parking areas, storm sewer, drainage swales, parking lot striping, parking lot lighting and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance and this Agreement, and in accordance with the plans submitted by the Developer and approved by the City. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent 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 prior to the issuance of an occupancy permit for any structure on Lot 1, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Lot 1. B. Developer shall, at its own expense, be responsible to ensure the following items are installed on Lot 1, all such items to be installed underground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Center Point Energy or other such carrier; In addition, the Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations on Lot 1 as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. The owner of Lot I shall be responsible for streetlight operational expense for all street lights installed on Lot 1. C. Developer shall grade Lot 1 consistent with the Grading, Drainage and Erosion Control Plan attached as Exhibit I. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan attached as Exhibit I shall be strictly complied with. Developer shall maintain erosion control measures in accordance with MPCA's Best Management Practices at all times during the development of Said Plat. 5 Agenda Page 89 D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said On- and Off-Site Improvements and for erosion control work. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Surety Requirements. A. 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 related to Lot 1 under this contract shall be performed. Said letter of credit or surety shall be in the amount of $129,180, calculated as the sum of. 1) 14% of the estimated cost of installing the Stoplight Improvements ($42,000), 2) $1,500 per acre for erosion control and off-site improvements on Lot 1 ($2,430), 3) 50% of the cost of installing the storm sewer on Lot 1 ($28,125), and 4) 150% of the estimated cost for landscaping/screening materials on Lot 1 ($56,625). B. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank(the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be available in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless cancellation of the letter of credit is specifically approved in writing by the City. C. The City may draw on said letter of credit or surety after required written notice to complete work not performed by Developer (including but not limited to on- and off-site improvements, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred by the City related to the installation of Stoplight Improvements, 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 Developer under this Agreement. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 3A above or a 6 Agenda Page 90 lesser amount authorized by the City Council pursuant to paragraph 4B below. D. 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 amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer shall pay within thirty(30) days of the mailing of said billing 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. E. Developer hereby agrees to allow the City to specially assess Developer's property for any and all reasonable costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should 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. F. 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. G. In the event a surety referred to herein is in the form 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 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. H. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not 7 Agenda Page 91 dismissed within 60 days, or in the event a court appoints a receiver for the Developer, the City may draw on its letter of credit or surety in its full amount to secure its surety position. The City shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 4. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the 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 and on- and off-site improvements and landscaping 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. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the on- and off-site 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 that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. When all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plan attached as Exhibit F, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of such landscaping improvements installed, except the City shall retain the letter of credit or surety in the amount of 25% of the estimated 8 Agenda Page 92 Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. In. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. Upon 1) installation of all Stoplight Improvements; and 2) the issuance of a certificate of occupancy for all 159 units in the apartment building to be built on Lot 2; and 3) the special assessment of Lot 1 for the cost of the Stoplight Improvements, the City shall reduce the letter of credit by 14% of the estimated cost of the Stoplight Improvements as set forth in paragraph 3.A of this Agreement. D. 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. 5. Abandonment of Project- Costs and Expenses. In the event Developer should abandon the proposed development of Said Plat, 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 assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons 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 Lot, 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 Lot 1 to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Lot 1 and to facilitate mowing of Lot 1. In the event that said costs are not paid, the City may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph. 6. 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 9 Agenda Page 93 costs incurred in the creation, administration, and execution of this Agreement and the approval of Said Plat. In addition, Developer shall reimburse the City for all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting the improvements required to be installed on Lot 1, as well as any costs of enforcing this Agreement as it pertains to Lot 1, including the City's court costs and reasonable attorney's fees. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 7. Sanitary Sewer and Water Trunk Line Fees. A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay$2,055.00 per acre and $1,925.00 per acre respectively, upon development of said Plat. There are 1.62 acres in said Lot 1 to which the Trunk Charges apply, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for said Lot 1 are $6,447.60 ($3,329.10 in sanitary sewer trunk line fees calculated as $2,055.00 x 1.62 acres and $3,118.50 in water fees calculated as $1,925.00 x 1.62 acres). B. Developer agrees that the City's Storm Water Connection ordinance currently requires the Developer to pay a storm water connection charge of$1,500 per acre payable at the time the first building permit is applied for on Lot 1. That charge shall be calculated based on 1.62 acres and shall be calculated using the per-acre storm water connection charge in effect at the time the building permit application is submitted. 8. Erosion and Sediment Control. Developer shall implement all erosion control measures on Lot 1 detailed in the Storm Water Pollution Prevention Plan ("SWPPP") and on the Grading and Drainage plan (including construction of all temporary and permanent ponds) in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer, and shall abide by all erosion control requirements contained in the Albertville Subdivision ordinance and as required by the NPDES Construction Stormwater Permit for the project. The parties recognize that 10 Agenda Page 94 time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and/or the requirements of the NPDES Construction Stormwater Permit, the City may take such action as it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon Lot 1 and take such necessary erosion control actions. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs or may specially assess Lot 1 for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements. 9. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 10. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage or repairs 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 watermain, sanitary sewer or storm sewer when said damage occurs as a result of the construction activity which takes place during the development of Lot 1, including the initial construction of townhomes or the apartment building on Lot 1. The 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 result of said construction that takes place in on Lot 1. 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 Lot 1 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 Lot 1 will be repaired within 14 days if not deemed to be an emergency by the City. 11 Agenda Page 95 If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty(30) days, then the City may specially assess such costs against Lot 1 and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorney's fees incurred by the City as a result of such legal action. 11. Temporary Easement Rights. Developer shall provide access to Lot 1 at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 12. 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, with the exception of the Stoplight Improvements which shall be constructed by the City with 14% of such costs being specially assessed to Lot 1. 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 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. 12 Agenda Page 96 E. This Contract shall run with the land, shall be recorded against the title to Said Plat and shall bind future owners of Lot 1. F. The Developer represents to the City that Lot 1 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 Said Plat does not comply, the City may, at its option,refuse to allow construction or development work on Lot 1 until the 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 Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat. 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 Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. 1. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. J. Developer shall obtain all required driveway, utility and other permits as required by the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the On- and Off-Site Improvements. 13. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give 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 13 Agenda Page 97 from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and 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. The City may also specially assess all said costs incurred upon default against Lot 1 pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 13(A) above, in the event that a default by 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 13A of this section shall not apply to any acts or rights of the City under the preceding paragraph 3G, 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 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. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 14. Shared Private Drive and Access to Wright County Highway No. 19. A. Developer shall permit the owner of the property abutting on the north and east property lines of Said Plat and currently assigned Wright County Property Identification Number 101500024100 ("North Property") to use the Private Drive for ingress to the North Property provided that: 1. The City requires that Developer provide access to the North Property via said Private Drive. 2. The owner of the North Property agrees that the costs of 14 Agenda Page 98 maintenance and repair of that portion of the Private Drive shown on the attached Exhibit J which is located on the North Property shall be shared between the owner of the North Property and the owner of Lot 2 (and the owner of Lot 1 if Lot 1 accesses the Private Drive as shown on Exhibit E) on the basis of the relative percentage of the square feet of the North Property to the sum of the entire square footage of Lot 2 and the North Property (and including the square footage of Lot 1 if Lot 1 accesses the Private Drive as shown on Exhibit E). The owner of said Lot 2 and the owner of the North Property may alter this cost sharing formula by mutual written agreement. 3. The owner of the North Property agrees it will not prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Private Drive nor shall any other conduct, passive or active, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the shared Private Drive for the purposes permitted herein. However, in no event shall any the North Property owner allow any construction- related traffic that will cause damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which said shared driveway was designed and constructed. 4. The owner of said Lot 2 shall enter into an easement agreement with the owner of the North Property in substantially the same form and substantially the same terms as shown on the attached Exhibit K, provided the owner of the North Property agrees to enter into said easement, and provided that the owner of Lot 2 and the owner of the North Property may enter into a different easement agreement, provided such different agreement provides full, unrestricted access to the North Property from CSAH 19. 15. Dedications to the City. a. Park Dedication. Park dedication for Lot 1 shall be paid prior to the release of the final plat for recording by the City. Said payment shall be in the amount of$13,284.00 calculated as $8,200 per acre x 1.62 acres in Lot 1. 15 Agenda Page 99 16. Indemnity. Developer shall hold the City and its officers and employees 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 and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 17. Assignment of Contract. The Developer can assign the obligations of the Developer under this Contract. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution, except that if Developer assigns both the rights and the obligations of this Agreement to Krishna, LLC, Developer shall be relieved of all obligations under this Agreement provided Krishna, LLC accepts the assignment of such rights and obligations via written acknowledgement to the City. 18. 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. 19. Professional Fees. The 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 attorneys 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. 20. 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. 21. Integration Clause, Modification by Written Agreement 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, except as specified herein, except that Developer's Agreement between Developer and the City for Lot 1 of Said Plat. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 16 Agenda Page 100 22. 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 Heuring Meadows, LLC. 9437 Libby Lane Eden Prairie, MN 55347 952-820-1622 With a copy to: Vickram Aggarwal Krishna, LLC 6030 Lanewood Lane North Plymouth, MN 55446 612-812-0372 23. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Jillian Hendrickson Its Mayor By Kimberly A. Hodena Its Clerk 17 Agenda Page 101 HEURING MEADOWS, LLC. By Its STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020, by Jillian Hendrickson 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 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020,by Kimberly Hodena, 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. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020, by , as of Heuring Meadows, LLC. Notary Public DRAFTED BY: Couri & Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 18 Agenda Page 102 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lot 1, Heuring Meadows Commons, City of Albertville, County of Wright, State of Minnesota. 19 Agenda Page 103 EXHIBIT B Final Plat EXHIBIT C Site Plan EXHIBIT D Elevations and Floor Plan of Daycare Building EXHIBIT E Connection to the Private Drive from Day Care Property EXHIBIT F Landscape Plan EXHIBIT G Assessment Waiver EXHIBIT H Storm Sewer Utility Plan EXHIBIT I Grading, Drainage and Erosion Control Plan EXHIBIT J Portion of Private Drive Subject to Shared Costs with North Property EXHIBIT K Easement Agreement with North Property 20 Agenda Page 104 ° m z E LOtl x ma �i ; ow`a� v ® c ti m'c w oCC Illpyyy>>>� o 21 U cs w CZ cs Yf C O Ty c '- � wO2 ,Ci it � w"� � I g"•F°�'¢ p�"� W m a a a mi i..� o fzr7a e�soss.o ----_ ---- th 75`o s)� .zr,ss.00 s ------------ ----- ---- --------- — sas -- r-__ __ (6I 'R'V'9'D) 'sw 3Ay xnvgay7 M.zr,srao s lye %44 _-'�a I LI,1 r l ram•�{i�?, h N.�, •V C W WI I -�1. $ Ci. I §�'an I 6N � (Zyw Ai 90,ss.00 s) c -' 60'SSS LI', F9Z6r- � a �I` I �� 3,dP,Pa�s I., ,w � al IIS', � ��•� r wa.00.Pa9os , '--�,�aaP,dacas;' I :�� a�k� M `> gb dl-- I -0h�N 3.ii0,URUU N .i„00,moo N 1 3,d0,0a00 N Imo, �' i 1B'Sg -•-»---- -h.� I— y r 002" »-OO�OE_ �_QO'S5 L3,_D0.90.V0M�_p0_25i j_Moa00N V) L ti B255; 9P9s�-,. , /_-co05 0--h--� V I t W'P8 J`00.0 1'JO� f 3.00.W.00 N 00'OB 3.0 iY�y�00'OG 3 90,0.00 x s? _ fcr'ta 3 ,OC,4S.00 x) 1 $ I I U i I -r 0 W Jca "nCgll �E'4r a�S�g�_�'�O�a Rs Eo�C` . zzr�oi¢��•fl o83Rs-- �p V iI.' � �tLLo .w�w h K M 2,1HRI e 'G �ZF gw-o� Z s N - jr� Y Z �g� � � � � a ati � Ww; i m d ° n p s eLL U I a s Q - i � SH is w o <filh $N� � � _ �s Qaz � ua O OOOOG 00 OOOOC � �C 00000000�O O O � =zoo-�...�- — � (•and xnaa8e�) � - W �pz 6L HVS3 - p d Ct ---•'---------------- -_ III ---.`- ---`. III -"'—_._ � - Woo oz ttI _ ;fir I °�N :•�• ��'�: ......... m III • =:=;: . � - .;.. - i€f;.1•;�:�[:: 'eeA'- � � v:is:.�":.•::::"4:•:.::::•: 41 q O W - .o ' Z �: II• a'oz \ :r°esr::c: � r t :•: ::: � — O �.,_r ................ - �{' _ -` ICI . Ir:•:..,h. LL L ! F: Ir441.! � :a {I O t0-4 JO � LO vr- pry:: $3„ I: T l'tlY i a �Y -:7 a 5. L .� •.�. i•: art'" q R s�. 'a'cr IL�...":....�r '��Y e=••S��''��M Ipry�I'� V � Q�, �— ZB'L4Z — - ----- _ �� I�:•l:::a:•:;C:y:.,�.:'.� °'fi:�- .a•f' ,A:::'•'�a:;,�'.. tlx � i•=:•: � I�: :(� � ICI �::i:::i7 I. •f^. 1 °Yr - k .': J.::.,_._...RAIMa snda asp::::.:'.` I aivn[aa 00 � ' ':�•: :'`k;mnPr";:.=tee,-.:�.� LJ - m o X" O X Z Zb :. I --- ----J k'-----._.-�- j MGM I nN y lit's ('GAVxneqje-j) WIMP own In 6 L oil,1 LLI I Ir am LL w MIN p 0 ct LLI LU C11 rA !Rif -- ------------- i m C 3 1 4 0 — F7 LIL43 Sys) Epp J �v rh.�o.:r .......... CCCCCC .......... I'f'Al d ----------- i� 1 t le@Dul lu LUxEl ZO 0 x uvc ------------ Y4,441 ............. ,1. 7 W � � �j,F. U re �� 7� -,;Q a� ✓�rX�e tg , , i W i xr 6'�r Y t t � >F �i rap+t3 t rt t fl II i U I[ Ir` it a Ir ll �. p L I —j l I f I K u 11 Wy �W ItIL l 41 II tl• ��-� r o ® I I r O u I} I Il II I i 1 JAI fl 1~ II z4 I 6 W •"r• � —�{ � `� I f I � I I all —7l II � �F fl I I ►MW I1 W. I l ��I! ® II II ll I[ — 1 � II 119 I 1 � i II a II ' 11 rl Ll I! 0 F�I 01 LU gig U.1101 y W Z`. y u, ..9 ioti j it I= E W - . I , IT © I t ;z 1 - ° rcn H 41 72 W - - - - -- - - - - - -- r -- -- -- - _� ' — ---_...... I __... ....____. I --- ---- _�__ - ------� 1 'I 1 I I I I 11 1 € I I 1 1 I _.___ I u 1 I ❑ 1 I I 11 f n 1 1 I L-------- ------� ., -- ----------1 L--- --- I 1{T I ' 'wr a I� 'Y EXHIBIT E Connection to the Private Drive from Day Care Property (To be provided) Agenda Page III j I I LFla� . , 79 41 sag Q Q Sam in IT I 02 Q 1 [1 111 Sol 4 1 MY at SO um 41 16 :91, 1. 1 14 it Les A 4 01 Fir gqjg W B zz j I is WA fj AW 05 w I zF � 1 1 z a,0. P. 11, " i i C, . . 4 a- - I.- J!, Q f i k A 1 1,- Ell: 2 vr V9 i ! 1 , s it 2 I'd ��s .. g LLI 8 YI= W; 1 a 811a8 11 M W 1111 H i R. 61 HVSCO 2- H,-H Sw _T .. ........ Ccc JT 0W LLI La IRV L .`aq —7 —F —7 TTTT T T dlx�du 3 VAW .A, 02 We' EXHIBIT G AGREEMENT FOR WAIVER OF OBJECTION TO SPECIAL ASSESSMENT ASSOCIATED WITH THE CONSTRUCTION OF COMMERCE BOULEVARD WHEREAS, Heuring Meadows, LLC, the owner ("Owner") of a parcel of property known as Lot 1, Block 1, Heuring Meadows Commons, within the City of Albertville, Minnesota ("Property") hereby petitions the Albertville City Council to install stop lights and associated street improvements at the intersection of Wright County Highway No. 19 and 53 d Street in Albertville ("Improvements") necessary for the development of the Property; and WHEREAS, the Owner hereby requests that 14% of any and all fees and costs required for construction of said Improvements be adopted by the City as a special assessment against the Property; and WHEREAS, the City has agreed to construct the Improvements provided that the owner of the Property agrees to waive any special assessment appeal rights it might have with regard to the costs proposed to be assessed to its property. WHEREAS, the assessment to the Property as a result of the installation of the Improvements is expected to be $42,000. NOW, THEREFORE, the City of Albertville and Owner agree as follows: 1. The City shall construct the petitioned for Improvements pursuant to the plans and specifications prepared by the City Engineer for the Improvements, but only after the City has received from the Owner or others letters of credit acceptable to the City in the amount of $300,000 consistent with the requirements of the Development Agreements entered into between the City and Owner for the plat of Heuring Meadows Commons, LLC. 1 Agenda Page 113 2. The City may adopt a special assessment against the benefiting properties for the costs associated with such improvements. 3. Owner hereby petitions the City to construct said Improvements, and waives the right to a public hearing as required by Minn. Stat. 429.031. 4. Owner hereby knowingly and voluntarily waives any objection to said assessment levied against the Property in an amount up to $42,000, representing 14% of the estimated cost of said Improvements. Specifically, Owner acknowledges that the Improvements will specially benefit the Property in an amount at least equal to $42,000 and hereby waives any right to appeal or challenge an assessment in the amount of$42,000 pursuant to Minn. Stat. §429.081, or any other statutory, common law, or Constitutional provision. The City shall not specially assess an amount more than the actual cost of the project(but including administrative fees of 3.5%). 5. In the event that the special assessments levied against the Property exceed $42,000, Owner shall have the right to appeal from the difference between $42,000 and the actual assessment amount levied against the Property. 6. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. Dated: , 2020 CITY OF ALBERTVILLE OWNER Jillian Hendrickson Heuring Meadows, LLC. Mayor By: Its: Kim Hodena City Clerk 2 Agenda Page 114 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2020, by Jillian Hendrickson 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 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2020,by Kim Hodena, 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. Notary Public STATE OF MINNESOTA ) ) S.S. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2020, by as of Heuring Meadows, LLC. SIGNATURE OF NOTARY This instrument was drafted by: 3 Agenda Page 115 Couri & Ruppe, P.L.L.P. 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 4 Agenda Page 116 6)' <aW 3AV XrTv uwa .3,qv" 'ON IV-7.i AY (,eAV xnuage-1) 6 L HVSO LU !RN ---01- in o Ln 3i ILL U- ILL A RE gl� m �77 Rt -j te LLI r, C) IM 0 z dd I o 4n fr Z j z C) m cc Cc' w LLJ o C) LL, u cc C6 Z LL a< C) =777 r L�L CD g cp L6 LC) 2 uj cr- DO >1 7T11- P7 3AlUO 31VAIdd 'ZIANO 31VAIU IF LU .0 W, 0 C I—Z z z u B1 R75 Em 1� 0.9, 1�3 f LU CL 3F 1p� 01— it Lo I LU n Llj 'r < 1, Ju OWN, V� Lu J\ - 15 < -x, Z EL cc \x W H lz�Ube 1 I W. ro, 0 Cc) -Z 7 > �4 wll�YZW�qw Cr A I� R 11 -t 7-1 BAIM0 RIVAIld PJ) ��, , 1� . I II i�l > —7 Ul Or W, �aaL6 arm x YN 0 6 it In 71 I. z C)< FIT, z LLJ C) 00 LU =UT 10 Vl� uj CL S fa C) II II CE LU 14 IF K I M In LL c 1v] 2AX 6 II7J gas 4: ill V P�!JQ TO Gj0A1Jd O 7 CU All m N v� Uj 0 1 1----- tcl 'If *96 - ------- - --j —j cp LU 13-1-IM191 1 - —'ONLV-7& ),YM jo SNICIV�10 ' 6L 'ONAemq6'HP!VG1ejSAjuno 0 � 3SVHd IV- --- ---------- IV, ;III �;Zz Ss— ;90 uj 426 CIO 02sodo86 it I% n63t p u�[e,-V ojS C SJ!u 91. 11P �p'n ce) uj H I - T 115 OC19 a3sodcJd 411' Do -TT T,,7�, F 7t, vuo j- 7`7- jk 1�4e -——————— be - —-------- 231 z9a L) zgs -J L--� 959 - - — — r ONICIVUE) L DSVHd ,l EXHIBIT K EASEMENT AGREEMENT Heuring Meadows, LLC, a Minnesota Limited Liability Company, (hereinafter `Developer')hereby grants to , ("North Property Owner"), a perpetual easement of ingress and egress to and from Wright County State Aid Highway No. 19 and to and from 53' Street in the City of Albertville, Minnesota, according to the following terms: 1. Developer owns Lot 2, Block 1 of Heuring Meadows Commons, Wright County, Minnesota("Lot 2"). 2. North Property Owner owns property legally described as ("North Property'). 3. Developer shall permit ingress and egress to and from the North Property over Lot 2 at one or more of the locations shown on the attached Exhibit A("Shared Private Drive"). The City Council of the City of Albertville shall determine which of said locations shall be used for access under this easement agreement. 4. The benefited and burdened properties under this Agreement are the North Property and Lot 2, respectively. 5. The owner of the North Property agrees that the costs of maintenance and repair of that portion of the Shared Private Drive which the North Property may access under this Easement shall be shared between the North Property and Lot 2 on the following basis: A. In the event Lot 1 has been required to connect to the Shared Private Drive, the costs shall be apportioned as follows: Lot 1: 12% Lot 2: 73% North Property: 15% B. In the event Lot 1 has not been required to connect to the Shared Private Drive, the costs shall be apportioned as follows: Lot 2: 83% North Property: 17% 1 Agenda Page 122 C. All such costs shall be paid within 30 days of mailing of an invoice for such costs by the owner of Lot 2. 6. Maintenance of the Shared Private Drive shall be performed by the owner of Lot 2, except as may be permitted by paragraph 8 of this Easement. The Private Drive shall be maintained in good repair at all times similar to the manner in which the City of Albertville maintains its residential streets. 7. Except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Shared Private Drive shall be erected, condoned or permitted by the owner of any property benefited by the Shared Private Drive, its tenants, invitees or licensees, nor shall any other conduct, passive or affn-mative, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the Shared Private Drive for the purposes permitted herein. However, in no event shall any owner allow any construction-related traffic that will cause damage to the Shared Private Drive to utilize the Shared Private Drive, nor shall any owner allow traffic to use said Shared Private Drive which has a weight rating which exceeds the weight rating for which said Shared Private Drive was designed and constructed. 8. Should the owner of Lot 2 fail to repair or maintain said Shared Private, the North Property owner may undertake making or causing any defective condition existing on said Shared Private Drive to be cleaned up, repaired or maintained as outlined below: A. For all conditions not arising from the accumulation or deposit of snow on the shared drive, the North Property owner shall give the owner of Lot 2 fifteen (15) days' notice via certified mail and facsimile transmission thereof, and if the owner of Lot 2 fails to cure within 15 days of the notice (or fails to prosecute said cure diligently to completion if it cannot reasonably be finished within said 15 day period), the North Property owner will be granted the right and the privilege to complete the owner of Lot 2's obligations and to bring legal action against the defaulting owner to collect any sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing this Agreement. The fifteen day notice period shall be deemed to run from the date of deposit in the United States Mail and the transmission of the facsimile. B. For all conditions arising from the accumulation or deposit of snow on the shared drive, the owner of the North Property shall give the owner of Lot 2 twenty-four hours' notice via telephone and email thereof, and if the owner of Lot 2 fails to 2 Agenda Page 123 cure within said twenty-four hour period,the North Property owner will be granted the right and the privilege to complete the owner of Lot 2's obligations and to bring legal action against the owner of Lot 2 to collect any sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing this Agreement. C. Should the North Property owner fail to timely pay the owner of Lot 2 for maintenance costs as required by this Easement, the owner of Lot 2 may bring legal action against the owner of the North Property to collect any sums due for the cost of such maintenance, plus all costs and attorney's fees incurred in enforcing this Agreement. 9. This Easement shall be binding upon the heirs, successors and assigns of the parties to this Easement. 10. The parties anticipate that the North Property may one day be subdivided and developed. In such event, such subdivided properties may continue to use this Easement under the terms set forth herein. Dated: [Signature Blocks] [Notary Blocks] ["Drafted by" Statement} 3 Agenda Page 124 4 Agenda Page 125 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT HEURING MEADOWS COMMONS, LOT 2 THIS AGREEMENT, entered into this day of March, 2020 by and between Heuring Meadows, LLC., a Minnesota Limited Liability Company 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 the real property described in Exhibit A, attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development and which real property is subject to the provisions of this Agreement; and WHEREAS, Developer is proposing to subdivide Outlot A of the plat of Heuring Meadows, Wright County, Minnesota, into 2 lots with the intention of constructing a commercial daycare operation on Lot 1 of Said Plat, and a 159 unit apartment complex and 26 townhomes on Lot 2 of Said Plat. Said subdivision which is to be governed by this Agreement is intended to bear the name "Heuring Meadows Commons"and shall be hereinafter referred to in its entirety as"Said Plat"or"Subject Property"; and WHEREAS,the City has given final approval of Developer's plat of Heuring Meadows Commons (attached hereto as Exhibit B) 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, stop lights, improvements to CSAH 19 and 53rd Street, sanitary sewer, municipal water, moving of the existing trail, street signs, traffic signs and drainage pond (hereafter"Municipal Improvements")be installed to serve the Development, to be financed by Developer; and 1 Agenda Page 126 WHEREAS, the City further requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, Private Drive, storm sewer, top soil and sod, grading control per lot,bituminous or concrete driveways, drainage swales,berming, street signs, street lights, street cleanup during project development, erosion control, landscaping, and other site-related items; and WHEREAS, this agreement applies only to Lot 2 in Said Plat while a separate Development Agreement to be executed by Developer and City will apply to Lot 1 in Said Plat; 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 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. The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph: A. The uses on Said Plat shall be restricted as follows: 1) Uses on Lot 2 of Said Plat shall be limited to a 159-unit residential apartment building constructed substantially as shown on the attached Exhibits C and D and the 26 residential townhome units in the configuration shown on the attached Exhibits C and E, including the construction and operation of the playground area shown on Exhibit C. No other structures shall be constructed on said Lot 2. B. Setbacks on Lot 2 shall be as shown on the attached Exhibit C. C. Lots 1 and 2 of Said Plat shall be subject to an easement agreement which shall include provisions substantially accomplishing the following objectives: 1) Lots 1 and 2 of Said Plat shall have full use of the private drive and parking areas on Said Plat extending from 53rd Street to CSAH 19 as shown on the attached Exhibit C (collectively, "Private Drive"), provided that Lot 1 shall not initially be connected to the Private Drive, 2 Agenda Page 127 but shall connect to said Private Drive if deemed necessary by the City Council. Said connection, if required by the City, shall be made in the location shown on the attached Exhibit F. At such time as Lot 1 connects to the Private Drive, Lots 1 and 2 shall share the costs of maintaining the Private Drive. The Private Drive shall be maintained by the owner of Lot 2 in good repair at all times similar to the manner in which the City maintains its residential streets. 2) At the time the final plat is recorded,Developer shall record an easement agreement at the Wright County Recorder's Office that shall be binding upon said Lots 1 and 2,that meets the approval of the City Attorney and the City Engineer, and that provides for access to the Private Drive by Lot 1 if required by the City. Said Private Drive shall not be maintained by the City and shall remain a private road. D. The Private Drive shall be constructed by the Developer and shall be signed "no parking" at all times except in the designated parking areas shown on the attached Exhibit C. In the event the Private Drive is not maintained in good repair at all times, the City may, but shall not be required to,maintain said Private Drive and parking areas adjacent to the Private Drive. The owner of Lot 2 agrees to pay all costs of such City maintenance within 30 days of the mailing of an invoice by the City. If the owner of Lot 2 fails to so timely pay said invoice the City may certify said costs to the County Auditor for collection with the real estate taxes for said Lots 1 and 2 pursuant to Minn. Stat. 366.012. If at such time Lot 1 is using the Private Drive, the City shall apportion such costs between the lots according to the relative percentage of their square footage to the total square footage on Said Plat. E. All storm water from Lot 2 of Said Plat shall be conveyed to and drain into the pond to be constructed on Lot 2 as shown on the attached Exhibit G. The owner of said Lot 2 shall maintain said pond at said owner's expense in accordance with all requirements of federal law, Minnesota State law, City ordinance and the reasonable requirements of the City Engineer. The owner of said Lot 2 shall also maintain the storm sewer system in proper functioning order at all times. Developer shall enter into the Stormwater Agreement attached as Exhibit N and shall comply with said agreement at all times. F. Trees, shrubs,berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit H, at such times set forth below: 3 Agenda Page 128 1) The landscaping abutting the single family residential lots in Block 3 of Heuring Meadows shall be installed within 30 days of completion of final mass subdivision grading,weather permitting; 2) Any other landscaping shown on Exhibit H shall be installed no later than 60 days after issuance of occupancy permits for the buildings closest to such landscaping, weather permitting. 3) The owner of Lot 2 shall replace trees and plantings shown on the landscaping plan attached as Exhibit H that become diseased or die on Lot 2 from time to time and shall maintain such landscaping screen in good repair at all times. G. Required lot line,road and building setbacks for the lots shall be as shown on the attached Exhibit C. H. Developer agrees that the 159-unit apartment building and the 26 townhome units to be constructed on Lot 2 of Said Plat will create a dangerous traffic situation at the intersection of 53rd Street and CSAH 19 unless a stoplight and turn lane improvements are installed at said intersection. Accordingly, to avoid the occurrence of such a dangerous situation, Developer agrees that no occupancy permits shall be issued for any residential units on said Lot 2 until stoplights are installed at the intersection of CSAH 19 and 53rd Street and the accompanying street improvements recommended in the traffic study conducted by SRF dated December 2, 2019 and on file with the City Clerk ("Stoplight Improvements") are installed. Developer shall be responsible for the cost of the installation of such Stoplight Improvements. Developer shall provide the City with a letter of credit securing the payment of the cost of said Stoplight Improvement as required by paragraph 4 of this Agreement. The City shall construct said Stoplight Improvements so long as adequate funds remain available in Developer's letter of credit required by paragraph 4 of this Agreement. Developer has requested that the City construct the Stoplight Improvements and specially assess the costs of said Stoplight Improvements to the properties in Said Plat, and Developer agrees to execute the Assessment Waiver attached as Exhibit J to this Agreement. 1. Developer may commence construction on the apartment building on Lot 2 of Said Plat upon issuance of a building permit for such construction, provided, however, that no occupancy permit shall be issued for any units in said apartment building until all 26 townhome units are constructed and occupancy permits have been issued for all 26 townhome units. J. Developer shall, at Developer's expense, construct a playground in the location shown on the attached Exhibit C and with the equipment shown on 4 Agenda Page 129 the attached Exhibit K. Said playground shall be constructed prior to the issuance of occupancy permits for any residential units on Said Plat. K. For a period of two years from the date of approval of Said Plat any modifications to the City's Official Controls shall not apply to Said Plat. At the end of said two-year period, any such modifications to the City's Official Controls shall apply to Said Plat in accordance with Minnesota law. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Heuring Meadows Commons, as prepared by Civil Engineering Site Design dated , 2020 and on file with the City Clerk, said improvements to include installation of water mains, sanitary sewer, right turn lane on CSAH 19 (at the intersection of the Private Drive and CSAH 19), moving of the existing trail, stop lights, street signs and traffic signs. 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 prior to the issuance of an occupancy permit for any of the residential units on Lot 2. B. The Developer shall provide the City with record drawings for all Municipal Improvements,consistent with City requirements and subject to review and approval of the City Engineer. Record drawings shall be certified by a registered land surveyor or engineer that all ponds, swales, emergency overflows, and Municipal Improvements have been constructed on public easements. The Developer shall provide such record drawings in both paper and electronic format as required by the City Engineer. C. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. Acceptance shall be by City Council motion or resolution. D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said Municipal Improvements on Said Plat. Should Developer fail to provide the City with all 5 Agenda Page 130 applicable lien waivers, the City reserves the right to draw upon Developer's surety after providing Developer with 30 days written notice and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements and for erosion control work. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off-Site Improvements. A. Developer shall construct all on- and off-site improvements including installation of yard top soil, sod and seed in all yards, landscaping, grading control per lot,bituminous or concrete driveways and parking areas, Private Drive, storm sewer, storm water ponding, drainage swales,berming,parking lot striping, Private Drive and parking lot lighting and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance and this Agreement, and in accordance with the plans submitted by the Developer and approved by the City. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent 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 prior to the issuance of an occupancy permit for any structure on Lot 2, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense,be responsible to ensure the following items are installed within the development, all such items to be installed underground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Center Point Energy or other such carrier; 6 Agenda Page 131 iii. Telephone service, to be provided by Century Link Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. The owner of Lot 2 shall be responsible for streetlight operational expense for all street lights installed on Lot 2. C. Developer shall grade Lot 2 consistent with the Grading, Drainage and Erosion Control Plan attached as Exhibit I. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan attached as Exhibit I shall be strictly complied with. Developer shall maintain erosion control measures in accordance with MPCA's Best Management Practices at all times during the development of Said Plat D. Developer shall install a storm water retention/water quality pond upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit I. Developer shall provide the City with a perpetual drainage and utility easement over such pond. Said retention pond shall be installed prior to the installation of utilities. Said pond shall be maintained by the owners of Lot 2 of Said Plat. In the event said owners do not maintain said pond as may be required by law or City ordinance, the City may, but shall not be required to, maintain said pond, in which event the City may certify all such costs incurred in maintaining said pond to the Wright County Auditor for collection with the property taxes for Lot 2 of said Plat. In such event, the owner of said Lot 2 agrees not to contest the certification of said costs to Lot 2. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said On- and Off-Site Improvements and for erosion control work. Developer agrees to pay for all costs incurred by the City during said inspections. 7 Agenda Page 132 4. Surety Requirements. A. 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 related to Lot 2 under this contract shall be performed. Said letter of credit or surety shall be in the amount of the sum of. 1) 100% of the estimated cost of the Municipal Improvements, 2) 86% of the estimated cost of installing the Stoplight Improvements ($258,000), 3) $1,500 per acre for erosion control and off-site improvements on Lot 2 ($14,880), 3) 50% of the cost of installing the storm sewer and ponding on Lot 2, 4) 150% of the estimated cost for installing landscaping/screening materials on Lot 2, and 5) 100% of the cost of installing the Private Drive. All such costs shall be based on the City Engineer's estimated costs for such items as of the date Developer applies for a residential building permit for any residential unit on Lot 2 of Said Plat, and no building permit for any residential unit shall be issued until an acceptable letter of credit has been issued to the City. B. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank(the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be available in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless cancellation of the letter of credit is specifically approved in writing by the City. C. The City may draw on said letter of credit or surety after required written notice to complete work not performed by Developer (including but not limited to on- and off-site improvements, Municipal 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 by the City related to the installation of Stoplight Improvements, 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 Developer under this Agreement. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 4A above or a lesser amount authorized by the City Council pursuant to paragraph 5B below. 8 Agenda Page 133 D. 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 amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer shall pay within thirty(30) days of the mailing of said billing 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. E. Developer hereby agrees to allow the City to specially assess Developer's property for any and all reasonable costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should 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. F. 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. G. In the event a surety referred to herein is in the form 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 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. H. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for the Developer, the City may draw on its letter of credit or surety in 9 Agenda Page 134 its full amount to secure its surety position. The City shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or 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 and on- and off-site improvements and landscaping 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. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on and off-site 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 that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. In. When all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plan attached as Exhibit D, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of such landscaping improvements installed, except the City shall retain the letter of credit or surety in the amount of 25% of the estimated 10 Agenda Page 135 Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. In. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. Upon 1) installation of all Stoplight Improvements; and 2) the issuance of a certificate of occupancy for all 159 units in the apartment building; and 3) the special assessment of Lot 1 for the cost of the Stoplight Improvements, the City shall reduce the letter of credit by 86% of the estimated cost of the Stoplight Improvements as set forth in paragraph 4.A of this Agreement. D. 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. 6. Abandonment of Project- Costs and Expenses. In the event Developer should abandon the proposed development of Said Plat, 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 assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons 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 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 Lot 2 to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Lot 2 and to facilitate mowing of Lot 2. In the event that said costs are not paid, the City may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph. 7. Developer to Pal 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 11 Agenda Page 136 costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat. In addition, Developer shall reimburse the City for all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting the improvements required to be installed on Lot 2, as well as any costs of enforcing this Agreement as it pertains to Lot 2, including the City's court costs and reasonable attorney's fees. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Sanitary Sewer Trunk Line, Water Trunk Line, and Storm Water Connection Fees. A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay$2,055.00 per acre and $1,925.00 per acre respectively, upon development of said Plat. There are 9.92 acres in said Lot 2 to which the Trunk Charges apply, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for said Lot 2 are $39,481.60 ($20,385.60 in sanitary sewer trunk line fees calculated as $2,055.00 x 9.92 acres and $19,096.00 in water fees calculated as $1,925.00 x 9.92 acres). B. Developer agrees that the City's Storm Water Connection ordinance currently requires the Developer to pay a storm water connection charge of$1,500 per acre payable at the time the first building permit is applied for on Lot 2. That charge shall be calculated based on 9.92 acres and shall be calculated using the per-acre storm water connection charge in effect at the time the building permit application is submitted. 9. Erosion and Sediment Control. Developer shall implement all erosion control measures on Lot 2 detailed in the Storm Water Pollution Prevention Plan ("SWPPP") and on the Grading and Drainage plan (including construction of all temporary and permanent ponds) in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer, and shall abide by all erosion control requirements contained in the Albertville Subdivision ordinance and as required by the NPDES 12 Agenda Page 137 Construction Stormwater Permit for the project. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and/or the requirements of the NPDES Construction Stormwater Permit, the City may take such action as it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon Lot 2 and take such necessary erosion control actions. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs or may specially assess Lot 2 for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements. 10. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage or repairs 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 watermain, sanitary sewer or storm sewer when said damage occurs as a result of the construction activity which takes place during the development of Lot 2, including the initial construction of townhomes or the apartment building on Lot 2. The 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 result of said construction that takes place in on Lot 2. 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 Lot 2 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 Lot 2 will be repaired within 14 days if not deemed to be an emergency by the City. 13 Agenda Page 138 If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty(30) days, then the City may specially assess such costs against Lot 2 and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorney's fees incurred by the City as a result of such legal action. 12. Temporary Easement Rights. Developer shall provide access to Lot 2 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, with the exception of the Stoplight Improvements which shall be constructed by the City with 86% of such costs being specially assessed to Lot 2. 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 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. 14 Agenda Page 139 E. This Contract shall run with the land, shall be recorded against the title to Said Plat and shall bind future owners of Lot 2. F. The Developer represents to the City that Lot 2 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 Said Plat does not comply, the City may, at its option,refuse to allow construction or development work on Lot 2 until the 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 Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat. 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 Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. 1. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. J. Developer shall obtain all required driveway, utility and other permits as required by the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the On- and Off-Site Improvements. 14. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give 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 15 Agenda Page 140 from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and 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. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 14(A) above, in the event that a default by 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 4G, 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 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. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 15. Shared Private Drive and Access to Wright County Highway No. 19. A. Developer shall permit the owner of the property abutting on the north and east property lines of Said Plat and currently assigned Wright County Property Identification Number 101500024100 ("North Property") to use the Private Drive for ingress to the North Property provided that: 1. The City requires that Developer provide access to the North Property via said Private Drive. 16 Agenda Page 141 2. The owner of the North Property agrees that the costs of maintenance and repair of that portion of the Private Drive shown on the attached Exhibit L which is located on Lot 2 shall be shared between the owner of the North Property and the owner of Lot 2 (and the owner of Lot 1 if Lot 1 accesses the Private Drive as shown on Exhibit F) on the basis of the relative percentage of the square feet of the North Property to the sum of the entire square footage of Lot 2 and the North Property (and including the square footage of Lot 1 if Lot 1 accesses the Private Drive as shown on Exhibit F). The owner of said Lot 2 and the owner of the North Property may alter this cost sharing formula by mutual written agreement. 3. The owner of the North Property agrees it will not prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Private Drive nor shall any other conduct, passive or active, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the shared Private Drive for the purposes permitted herein. However, in no event shall any the North Property owner allow any construction- related traffic that will cause damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which said shared driveway was designed and constructed. 4. The owner of said Lot 2 shall enter into an easement agreement with the owner of the North Property in substantially the same form and substantially the same terms as shown on the attached Exhibit M, provided the owner of the North Property agrees to enter into said easement, and provided that the owner of Lot 2 and the owner of the North Property may enter into a different easement agreement, provided such agreement provides full, unrestricted access to the North Property from CSAH 19. B. In the event the City requires that that Developer provide access to the North Property via said Private Drive, the City shall determine at which point or points shown on Exhibit L such access shall be granted. 16. Dedications to the City. 17 Agenda Page 142 A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to Said Plat, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate the pond and all sanitary sewers and water mains that are located in a drainage and utility easement as shown on Said Plat to the City. Upon acceptance of dedication,Developer shall provide to the City"As-Builts"of all sewers and water mains and the pond. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. The owner of Lot 2 of Said Plat shall be required to maintain the storm water pond as required by paragraph LE above. B. Park Dedication. Developer shall satisfy its park dedication requirement for Lot 2 under the City's subdivision ordinance with the payment of $610,500.00 in park dedication fees, calculated as 185 residential units times $3,300 per unit. Park dedication shall be paid prior to the issuance of any building permit on Lot 2. 17. Administrative Fee. A fee for City administration of this project shall be paid prior to the issuance of any building permit for a structure on Lot 2. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements within the Plat. The administrative fee for this Plat is $ calculated as 3.5% x $ estimated municipal improvement cost as of the date of this Agreement. 18. Indemnity. Developer shall hold the City and its officers and employees 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 and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 19. Assignment of Contract. The Developer can assign the obligations of the Developer under this Contract. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 20. 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. 18 Agenda Page 143 21. Professional Fees. The 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 attorneys 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. Integration Clause, Modification by Written Agreement 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, except as specified herein, except that Developer's Agreement between Developer and the City for Lot 1 of Said Plat. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 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, MN 55301 Telephone: (763) 497-3384 Heuring Meadows, LLC. 9437 Libby Lane Eden Prairie, MN 55347 952-820-1622 25. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 19 Agenda Page 144 CITY OF ALBERTVILLE, By Jillian Hendrickson Its Mayor By Kimberly A. Hodena Its Clerk HEURING MEADOWS, LLC. By Its STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020, by Jillian Hendrickson 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 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020,by Kimberly Hodena, 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. Notary Public 20 Agenda Page 145 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020,by , as of Heuring Meadows, LLC. Notary Public DRAFTED BY: Couri & Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 21 Agenda Page 146 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lot 2, Heuring Meadows Commons, City of Albertville, County of Wright, State of Minnesota. 22 Agenda Page 147 EXHIBIT B Final Plat EXHIBIT C Site Plan EXHIBIT D Apartment Plans EXHIBIT E Townhome Plans EXHIBIT F Connection to the Private Drive from Day Care Property EXHIBIT G Storm Sewer Utility Plan EXHIBIT H Landscape Plan EXHIBIT I Grading, Drainage and Erosion Control Plan EXHIBIT J Assessment Waiver EXHIBIT K Playground Equipment EXHIBIT L Portion of Private Drive Subject to Shared Costs with North Property 23 Agenda Page 148 EXHIBIT M Easement Agreement with North Property EXHIBIT N Storm Water Agreement EXHIBIT O Private Drive Access Points 24 Agenda Page 149 ° m z E LOtl x ma �i ; ow`a� v ® c ti m'c w oCC Illpyyy>>>� o 21 U cs w CZ cs Yf C O Ty c '- � wO2 ,Ci it � w"� � I g"•F°�'¢ p�"� W m a a a mi i..� o fzr7a e�soss.o ----_ ---- th 75`o s)� .zr,ss.00 s ------------ ----- ---- --------- — sas -- r-__ __ (6I 'R'V'9'D) 'sw 3Ay xnvgay7 M.zr,srao s lye %44 _-'�a I LI,1 r l ram•�{i�?, h N.�, •V C W WI I -�1. $ Ci. I §�'an I 6N � (Zyw Ai 90,ss.00 s) c -' 60'SSS LI', F9Z6r- � a �I` I �� 3,dP,Pa�s I., ,w � al IIS', � ��•� r wa.00.Pa9os , '--�,�aaP,dacas;' I :�� a�k� M `> gb dl-- I -0h�N 3.ii0,URUU N .i„00,moo N 1 3,d0,0a00 N Imo, �' i 1B'Sg -•-»---- -h.� I— y r 002" »-OO�OE_ �_QO'S5 L3,_D0.90.V0M�_p0_25i j_Moa00N V) L ti B255; 9P9s�-,. , /_-co05 0--h--� V I t W'P8 J`00.0 1'JO� f 3.00.W.00 N 00'OB 3.0 iY�y�00'OG 3 90,0.00 x s? _ fcr'ta 3 ,OC,4S.00 x) 1 $ I I U i I -r 0 W Jca "nCgll �E'4r a�S�g�_�'�O�a Rs Eo�C` . zzr�oi¢��•fl o83Rs-- �p V iI.' � �tLLo .w�w h K M 2,1HRI e 'G �ZF gw-o� Z s N - jr� Y Z �g� � � � � a ati � Ww; i m d ° n p s eLL U I a s Q - i � SH is w o <filh $N� � � _ �s Qaz � ua O OOOOG 00 OOOOC � �C 00000000�O O O � =zoo-�...�- — � (•and xnaa8e�) � - W �pz 6L HVS3 - p d Ct ---•'---------------- -_ III ---.`- ---`. III -"'—_._ � - Woo oz ttI _ ;fir I °�N :•�• ��'�: ......... m III • =:=;: . � - .;.. - i€f;.1•;�:�[:: 'eeA'- � � v:is:.�":.•::::"4:•:.::::•: 41 q O W - .o ' Z �: II• a'oz \ :r°esr::c: � r t :•: ::: � — O �.,_r ................ - �{' _ -` ICI . Ir:•:..,h. LL L ! F: Ir441.! � :a {I O t0-4 JO � LO vr- pry:: $3„ I: T l'tlY i a �Y -:7 a 5. L .� •.�. i•: art'" q R s�. 'a'cr IL�...":....�r '��Y e=••S��''��M Ipry�I'� V � Q�, �— ZB'L4Z — - ----- _ �� I�:•l:::a:•:;C:y:.,�.:'.� °'fi:�- .a•f' ,A:::'•'�a:;,�'.. tlx � i•=:•: � I�: :(� � ICI �::i:::i7 I. •f^. 1 °Yr - k .': J.::.,_._...RAIMa snda asp::::.:'.` I aivn[aa 00 � ' ':�•: :'`k;mnPr";:.=tee,-.:�.� LJ - m o X" O X Z Zb :. I --- ----J k'-----._.-�- j MGM I nN y lit's ('GAVxneqje-j) WIMP own In 6 L oil,1 LLI I Ir am LL w MIN p 0 ct LLI LU C11 rA !Rif -- ------------- i m C 3 1 4 0 — F7 LIL43 Sys) Epp J �v rh.�o.:r .......... CCCCCC .......... I'f'Al d ----------- i� 1 t le@Dul lu LUxEl ZO 0 x uvc ------------ Y4,441 ............. ¢�t t r JWJI LLI Wait i 6 �,.✓ 1 ! nil: ti�� } ✓��°�n�t�, �", li €t�yL't�a.l rv3zs s�,�;f�i'�, 6 k a F k 7 { V V d t` F � tG #fit g k i'Yf ' lA�i �^ EiP pp pip pp � sy € 3 I::■ CC■I o �€ � ::■ ,loon Yti! !H1 VA Z Mal r Dui 'glum ®�i FBI■ � �. I �- '��f � �� we� MOM Jim NO: pI� iYW #I�I�IfWK r 1111 VM rip 1V� � IM UZ IQI I7C■ 71 p; I; I Ill in.nn ■W ��ll� i i NI�.r" 3lll1`� B B :� u141IBnW�®r �A�� elm WN Ilk i- '� €.W■ I n.l �®vim elm I INS Wry oil own ;BE ca ml —,r � oe■� :�■i Hai �+�i■ e:■' milt' :■ .`:■ � `, Ise■ �. ! ::■ �smwurresros pp WW� :�■ ®■ sx m �r �.'/ C3n1 I'�■E � p:■ 1�4" tf11�...1 ��• bk�! ppQ^_ o �m mm aruz LO Cli WCIA rri � � c1 FQ to tU �j C.> 4- i W C9 - aiC4 � ti tr M U i® cis Q N U h�� iil]?11 Rik' v M r-R '.L�C3 , Ln a f � �sr , s Q � b 1 i w 9 I H. mmm IM=. , W �� •tl. i �jryi� a4 �. ' +I '+` y 4b i Y�$SepzAeris" 'f, fir:. up a� �S �i��YU�iti s 1 _ E j 1 .y,—��-��i rl� �, �.� � ifs i '—,� �a:, ❑❑�1 J� m (1C'a !�� '` i�+ — LU IL _ y tl Y w —fie ,= �,� 7�� 'Jr U - — 3"kLAL` Nr 1�LU EEEH ❑❑❑❑ H i 1 QcncK U f� ❑❑❑® -- UJtk ' ` �1 � rli �`f — j ®®❑❑ ©� III ❑❑❑❑ < <LU z0 -�`i _�� Qb E 30 00 I vw k :3W J F- to Q to Q Q ( V u 3 w � 1 ;oU W tu : } OC OCR 1 :Q h004 i a Qp 40 EUJ r-UJ i� Lu I [ I II I . Q 0 7,Vz �r I 4} h m - [O Off '' - L, . Qo PCB �I 00 W mil ! it m a � 1 I 1 ✓ , i oc -- I inE U10� HW- [ Qw <IU i EXHIBIT F Connection to the Private Drive from Day Care Property (To be provided) Agenda Page 160 6)' <aW 3AV XrTv uwa .3,qv" 'ON IV-7.i AY (,eAV xnuage-1) 6 L HVSO LU !RN ---01- in Ln ILL U- < ILL A RE gl� m �77 Rt -j te LLI r, C) IM 0 z dd I o 4n fr Z j z C) m cc w LLJ LL, u cc C6 Z LL 6- a< 4L 2, C) =777 r -----------L�L CD g cp L6 LC) 2 uj cr- DO >1 7T11- P7 3AlUO 31VAIdd 'ZIANO 31VAIU IF LU .0 W, 0 C I—Z z z u B1 R75 Em 1� 0.9, 1�3 f LU CL 01— Lo I LU n Llj 'r < 1, Ju OWN, V� Lu J\ - 15 < -x, Z EL cc \x W H lz�Ube 1 I W. ro, 0 Cc) -Z 7 > �4 wll�YZW�qw Cr J w R 11 -t 7-1 BAIM0 RIVAIld PJ) ��, , 1� . I II i�l > —7 Ul 0 �aaL6 arm x YN 0 6 it In 71 I. z C)< FIT, z LLJ C) 00 LU =UT 10 j I I LFla� . , 79 41 sag Q Q Sam in IT I 02 Q 1 [1 111 Sol 4 1 tm Ty Qat ZIA I a am q 1 1 S 16 is 11 1 :4 011 ell j 19 Fit gfig Of W 1 61 OWN VIS i AD JS Ina yj a q it-9. N 43 6 P IN Na P �s i 2u. all Q oil 1 LLI 61 HVSCO 4 .7 A w J a I/T1 9L 140 ri ART I H A 1511 WAI �� Q l'� `` 1, �L. 1 �L. i.., ,�L .`aq 1' I�I I !"I X.� .� NILF I 1 7 141f 3/UHO 31YfAA Hd 0 I 3XMd ME' =TN' 77 Vl� uj CL S fa C) II II CE LU 14 IF K I M In LL c 1v] 2AX 6 II7J gas 4: ill V P�!JQ TO Gj0A1Jd O 7 CU All m N v� Uj 0 1 1----- tcl 'If *96 - ------- - --j —j cp LU 13-1-IM191 1 - —'ONLV-7& ),YM jo SNICIV�10 ' 6L 'ONAemq6'HP!VG1ejSAjuno 0 � 3SVHd IV- --- ---------- IV, ;III �;Zz Ss— ;90 uj 426 CIO 02sodo86 it I% n63t p u�[e,-V ojS C SJ!u 91. 11P �p'n ce) uj H I - T 115 OC19 a3sodcJd 411' Do -TT T,,7�, F 7t, vuo j- 7`7- jk 1�4e -——————— be - —-------- 231 z9a L) zgs -J L--� 959 - - — — r ONICIVUE) L DSVHd ,l EXHIBIT J AGREEMENT FOR WAIVER OF OBJECTION TO SPECIAL ASSESSMENT ASSOCIATED WITH THE CONSTRUCTION OF COMMERCE BOULEVARD WHEREAS, Heuring Meadows, LLC, the owner ("Owner") of a parcel of property known as Lot 2, Block 1, Heuring Meadows Commons, within the City of Albertville, Minnesota ("Property") hereby petitions the Albertville City Council to install stop lights and associated street improvements at the intersection of Wright County Highway No. 19 and 53 d Street in Albertville ("Improvements") necessary for the development of the Property; and WHEREAS, the Owner hereby requests that 86% of any and all fees and costs required for construction of said Improvements be adopted by the City as a special assessment against the Property; and WHEREAS, the City has agreed to construct the Improvements provided that the owner of the Property agrees to waive any special assessment appeal rights it might have with regard to the costs proposed to be assessed to its property. WHEREAS, the assessment to the Property as a result of the installation of the Improvements is expected to be $258,000. NOW, THEREFORE, the City of Albertville and Owner agree as follows: 1. The City shall construct the petitioned for Improvements pursuant to the plans and specifications prepared by the City Engineer for the Improvements, but only after the City has received from the Owner or others letters of credit acceptable to the City in the amount of $300,000 consistent with the requirements of the Development Agreements entered into between the City and Owner for the plat of Heuring Meadows Commons, LLC. 1 Agenda Page 166 2. The City may adopt a special assessment against the benefiting properties for the costs associated with such improvements. 3. Owner hereby petitions the City to construct said Improvements, and waives the right to a public hearing as required by Minn. Stat. 429.031. 4. Owner hereby knowingly and voluntarily waives any objection to said assessment levied against the Property in an amount up to $258,000, representing 86% of the estimated cost of said Improvements. Specifically, Owner acknowledges that the Improvements will specially benefit the Property in an amount at least equal to $258,000 and hereby waives any right to appeal or challenge an assessment in the amount of$258,000 pursuant to Minn. Stat. §429.081, or any other statutory, common law, or Constitutional provision. The City shall not specially assess an amount more than the actual cost of the project(but including administrative fees of 3.5%). 5. In the event that the special assessments levied against the Property exceed $258,000, Owner shall have the right to appeal from the difference between $258,000 and the actual assessment amount levied against the Property. 6. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. Dated: 12020 CITY OF ALBERTVILLE OWNER Jillian Hendrickson Heuring Meadows, LLC. Mayor By: Its: Kim Hodena City Clerk 2 Agenda Page 167 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2020, by Jillian Hendrickson 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 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2020,by Kim Hodena, 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. Notary Public STATE OF MINNESOTA ) ) S.S. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2020, by as of Heuring Meadows, LLC. SIGNATURE OF NOTARY 3 Agenda Page 168 This instrument was drafted by: Couri & Ruppe, P.L.L.P. 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 4 Agenda Page 169 EXHIBIT K Playground Equipment (To be provided) Agenda Page170 EXHIBIT M EASEMENT AGREEMENT Heuring Meadows, LLC, a Minnesota Limited Liability Company, (hereinafter `Developer')hereby grants to , ("North Property Owner"), a perpetual easement of ingress and egress to and from Wright County State Aid Highway No. 19 and to and from 53' Street in the City of Albertville, Minnesota, according to the following terms: 1. Developer owns Lot 2, Block 1 of Heuring Meadows Commons, Wright County, Minnesota("Lot 2"). 2. North Property Owner owns property legally described as ("North Property'). 3. Developer shall permit ingress and egress to and from the North Property over Lot 2 at one or more of the locations shown on the attached Exhibit A("Shared Private Drive"). The City Council of the City of Albertville shall determine which of said locations shall be used for access under this easement agreement. 4. The benefited and burdened properties under this Agreement are the North Property and Lot 2, respectively. 5. The owner of the North Property agrees that the costs of maintenance and repair of that portion of the Shared Private Drive which the North Property may access under this Easement shall be shared between the North Property and Lot 2 on the following basis: A. In the event Lot 1 has been required to connect to the Shared Private Drive, the costs shall be apportioned as follows: Lot 1: 12% Lot 2: 73% North Property: 15% B. In the event Lot 1 has not been required to connect to the Shared Private Drive, the costs shall be apportioned as follows: Lot 2: 83% North Property: 17% 1 Agenda Page 172 C. All such costs shall be paid within 30 days of mailing of an invoice for such costs by the owner of Lot 2. 6. Maintenance of the Shared Private Drive shall be performed by the owner of Lot 2, except as may be permitted by paragraph 8 of this Easement. The Private Drive shall be maintained in good repair at all times similar to the manner in which the City of Albertville maintains its residential streets. 7. Except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Shared Private Drive shall be erected, condoned or permitted by the owner of any property benefited by the Shared Private Drive, its tenants, invitees or licensees, nor shall any other conduct, passive or affn-mative, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the Shared Private Drive for the purposes permitted herein. However, in no event shall any owner allow any construction-related traffic that will cause damage to the Shared Private Drive to utilize the Shared Private Drive, nor shall any owner allow traffic to use said Shared Private Drive which has a weight rating which exceeds the weight rating for which said Shared Private Drive was designed and constructed. 8. Should the owner of Lot 2 fail to repair or maintain said Shared Private, the North Property owner may undertake making or causing any defective condition existing on said Shared Private Drive to be cleaned up, repaired or maintained as outlined below: A. For all conditions not arising from the accumulation or deposit of snow on the shared drive, the North Property owner shall give the owner of Lot 2 fifteen (15) days' notice via certified mail and facsimile transmission thereof, and if the owner of Lot 2 fails to cure within 15 days of the notice (or fails to prosecute said cure diligently to completion if it cannot reasonably be finished within said 15 day period), the North Property owner will be granted the right and the privilege to complete the owner of Lot 2's obligations and to bring legal action against the defaulting owner to collect any sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing this Agreement. The fifteen day notice period shall be deemed to run from the date of deposit in the United States Mail and the transmission of the facsimile. B. For all conditions arising from the accumulation or deposit of snow on the shared drive, the owner of the North Property shall give the owner of Lot 2 twenty-four hours' notice via telephone and email thereof, and if the owner of Lot 2 fails to 2 Agenda Page 173 cure within said twenty-four hour period,the North Property owner will be granted the right and the privilege to complete the owner of Lot 2's obligations and to bring legal action against the owner of Lot 2 to collect any sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing this Agreement. C. Should the North Property owner fail to timely pay the owner of Lot 2 for maintenance costs as required by this Easement, the owner of Lot 2 may bring legal action against the owner of the North Property to collect any sums due for the cost of such maintenance, plus all costs and attorney's fees incurred in enforcing this Agreement. 9. This Easement shall be binding upon the heirs, successors and assigns of the parties to this Easement. 10. The parties anticipate that the North Property may one day be subdivided and developed. In such event, such subdivided properties may continue to use this Easement under the terms set forth herein. Dated: [Signature Blocks] [Notary Blocks] ["Drafted by" Statement} 3 Agenda Page 174 EXHIBIT N Storm Water Agreement (To be provided) Agenda Page 175