1995 Kolles Concept Plan Agreement
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CONCEPT PLAN AGREEMENT
WHEREAS, Sylvester Kolles ("Seller") has sold land consisting
of approximately 10 acres of real property ("Property") to
("Buyer") on , 1995, said land legally
described as shown on the attached Exhibit A; and
WHEREAS, the City of Albertville ("Albertville") had in effect
at the time of said sale a Subdivision Ordinance ("Ordinance")
which required the Seller of said land to subdivide and plat said
Property in accordance with said Ordinance prior to conveyance to
Buyer; and
WHEREAS, Seller failed to
conveyance to Buyer and Seller
subdivision-related disclosures
462.358, Subd. 4a; and
plat said Property prior to
failed to provide to Buyer the
required by Minnesota Statute ~
WHEREAS, prior to approving a plat of said Property,
Albertville requires additional information from Buyer relating to
the future infrastructure needs of the Property and the remaining
land of Seller;
NOW, THEREFORE, Buyer, Seller and Albertville agree as
follows:
1. Seller agrees that should Seller choose to develop the
remainder of its land (a description of which is attached as
Exhibit B to this agreement), it shall develop said land in
substantially the same configuration shown on the Concept Plan
attached as Exhibit C to this agreement.
2. Should Seller choose to develop the land shown on Exhibit B in
a different configuration than that shown on Exhibit C, Seller
shall bear the cost of any off-site improvements in
infrastructure (including but not limited to roads, sanitary
sewers, storm sewers and ponds, water mains, curb, gutter,
ditches and other such items) necessary to adequately and
properly service said land in accordance with city of
Albertville ordinances, development regulations, and policies
in effect at the time said land develops. The parties intend
that off-site improvements refers to improvements located on
land other than that described on Exhibit B.
3 . Development of all lands referenced in this agreement shall be
subject to all city of Albertville ordinances, development
regulations, policies and fees in effect at the time said land
develops. This agreement shall not bind Albertville to
approve any particular development configuration in the
future. Nothing in this agreement shall prevent Albertville
from requiring Developer to construct off-site improvements
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necessary to adequately and properly service said land in
accordance with city of Albertville ordinances, development
regulations, and policies in effect at the time said land
develops in the event Developer develops its land in
sUbstantially the same configuration shown on the Concept Plan
attached as Exhibit C to this agreement.
4. In consideration of the above, Buyer shall waive any right to
damages against Seller which it may possess by virtue of
Minnesota Statute S 462.358, Subd. 4a, and the City shall
recognize Seller's subdivision of the Property as an outlot
without requiring Seller to process said subdivision under the
city's subdivision ordinance. All parties agree that the
Property shall not be deemed a buildable lot until such time
as Buyer records a final plat approved by Albertville.
5. This agreement shall be binding upon the heirs, successors and
assigns of all parties to this agreement, and shall run with
the lands described in Exhibits A and B.
Dated:
SELLER
BUYER
sylvester Kolles
CITY OF ALBERTVILLE
Michael Potter, Mayor
Attest:
Linda Houghton, Clerk
[Notary Seals needed for all signatures]
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