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2003-08-19 Wetland Approval l" J ,I' ",-' City of Albertville P.O. Box 9 Albertville, Minnesota 55301 NOTICE OF WETLAND CONSERVATION ACT DECISION Name of Applicant: Leuer-Munsterteiger Properties. Inc Application Number: 003 Type of Application (check one): Date of Decision: 8/19/03 o o X o Exemption Decision No Loss Decision Replacement Plan Decision Banking Plan Decision Check One: 0 Approved X Approved with conditions List of Addressees: Landowner @ Leuer-Munsterteiger Properties, Inc. 100 E. Central Avenue St Michael, MN 55376 Members of Technical Evaluation Panel@ Ms. Colleen Allen Wright County SWCD 306C Brighton Avenue Buffalo, Minnesota 55313 Ms. Lynda Peterson BWSR One West Water Street, Suite 200 St. Paul, Minn. 55107 Mr. John Hiebert MnDNR 7372 State Highway 25 SW Montrose, MN 55363 DNR Wetlands Coordinator @ Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 o Denied . \ Corp of Engineers Project Manager @ Department of the Army, Corps of Engineers, S1. Paul District ATTN: CO-R, 190 Fifth Street East S1. Paul, MN 55101-1638 Mr. Pete Carlson 1200 25th Avenue South S1. Cloud, Minnesota 56301-1717 You are hereby notified that the decision of the Local Government Unit on the above-referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal ofthe decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. Date of mailing of this Notice: City of Albertville P.O. Box 9 Albertville, Minnesota 55301 August 19,2003 Todd Udvig Senior Scientist By: Title: W:\ALLFORMS\Notice ofWCA decision. doc March 13,2002 Wetland Conservation Act (WCA) Revised Findings and Conclusions - Kollville Estates Third Addition (8/19/03) The Technical Evaluation Panel has found that the Application for Replacement Plan for the proposed construction of the Kollville Estates Third Addition in the City of Albertville meets the requirements for approval under the 2002 WCA rules. The Replacement Plan application has indicated that the project justification is that the site goals of the applicant are met (i.e. residential development), proposed project meets City planning efforts, and the proposed project would utilize existing infrastructure. The City of Albertville has zoned the area as residential. The preferred alternative includes approximately 74 housing units, roadways, and associated infrastructure. The applicant has provided sequencing indicating avoidance and minimization of wetland impacts. The applicant would like apply for sequencing flexibility. Findings are as follows: 1) The project will entail construction of 42+ acres of agricultural land to a residential development comprised of approximately 74 units and associated roadways, access drives and utilities. 2) The applicant has configured the site layout in a manner that impacts an approximately 10, 879 square foot Type 1 wetland. 3) Approximately 0.25 acres of wetland will be impacted from the development. 4) Three wetlands were delineated onsite. Two of the three wetlands were determined by the TEP to be exempted as incidental wetland (identified as Wetlands 1 and 2). The proposed impacted wetland was identified as Wetland 3). 5) An alternative site layout was developed that showed no wetland impact however wetland impacts would still occur indirectly by reducing the watershed supplying the wetland. 6) The proposed replacement in the application was to purchase credits from a wetland bank, however the WCA requires evaluating onsite opportunities for replacement first. The TEP recommends onsite replacement. 7) Wetland replacement will be accomplished at a ratio of 2: 1 for the replacement of 21, 800 square feet of wetland impact as require under WCA. The proposed replacement will occur onsite. The revised replacement submitted by the applicant will use the established wetland (identified as wetland #2). This is an incidental wetland that has been established for approximately 2-3 years. This wetland area appears to be viable and encompasses approximately 11, 780 square feet. This wetland area along with proposed 16,047 square feet of proposed buffer would provide onsite credit necessary to meet the 2:1 replacement ratio. 8) A monitoring and vegetation and exotic species control plans would need to be developed as part of the Replacement Plan application for this wetland area and are considered a condition of the approval of this replacement plan. . , , ",ORTH.W~S.T &$$OCIAT", C'O""$ULT&,,,TSt; ,,,,c. 5775 Wayzata Boulevard, Suite 555, St, Louis Park. MN55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Planning Commission Linda Goeb, City Administrator FROM: Michael Darrow I Alan Brixius DATE: August 19, 2003 RE: Albertville - Kollville Estates 3rd Addition- Final Plat FILE NO: 163.06 - 03.09 BACKGROUND Leuer-Munsterteiger Properties have submitted plans for final plat approval for the development of 66 single family lots as part of the Kollville Estates project. The proposed project is the third and final addition of the 64 acre site. Attached for reference: Exhibit A: Final Plat ANAL YSIS Based on the Findings of Fact and Decision for the Preliminary Plat, dated July 21St, 2003, the developer has met the required lot and block conditions imposed as part of approval of the preliminary plat. The developer will need to adjust the northern directional arrow on the final plat to true north. Currently, the directional arrow points east. RECOMMENDATION Upon review of the final plat, staff recommends approval subject to the following conditions: 1. The developer shall submit a revised plat indicting the correct northern direction of the plat. 2. The developer shall meet all of the conditions set forth in the Findings of Fact and Decision dated July 21St, 2003. . ., 3. The developer shall enter into a development agreement with the City of Albertville. pc: Linda Goeb Mike Couri Pete Carlson FliOM: ~lAC . """" ... ..:~ .,. \ \: \'" I II ~ ID (I m .. oj FAX NO. :9525959837 Aug. 19 2003 03:43PM P4 I~ ~~ ~;,' ~~ 1- . , "':f..~ , -"I i'. , ",,' .;, ::;: '~;<;~i':~ <' ;- ~..t.,/ .,.. i.~;:" i-I.. ~, i:" ".'.\ ~: ':;., .... ,10' "\," '";~ . I', ,\" '. l ,.....;::. .'~'; ~ '_; ~;.:_" ,', I I " I I.,.,~ :;~:" I i}.-t}~>:; .....l\I.IIrtl." - .,. " . .' ), '.-', '. .< :'::. I~ ~ ; "~'. 1 .. - "I t. \_..,\ ~ . '" r 1 " ' :r, :;: ,\ ;'; {,:. I':' I, ~ .\ ", 'I '."il ., . ~,.. .., ;"1'; ., ,. ~ ., (";~":')'" lj Ii I~ \ 1."....,,_ ,'",",,",., " hi." ", I 001 _I '_1 :.' _I }, I~' I I,":" r" I.' -, ".' -, I .. ~].E.1' ,:~~~'.r:,'.:. :oj'L,. '1' .,. '-1 I 1 - -, .... '''/ -..!. - . I ....I" ...J_ ._,_. l I I I .., _:- ._ _ L .._ .~.. .i. t.,' ,~ .. P!fJ ! f BI!i ;'1 il , ~ IIh C - r'" I I~it U' 'IIi [ " 1 I.B ; }.i r 1'- ! j~,,~ --'..r- II; " I~~ II "" - ~. I !!j ~ i ~e!, g r . g "" '... "" ............ -'t- " " '" ....1'...... 1 I,." " '" ..... ',.,', .... .,~ " I,,~., '., ...' ,. :..i~f.t>:: ~: : ~ :..r'::j...;:.-' ...J l .."'/"" ., "-.J l. ". -"-.1 ~ i~ ~: ;~ ~~ ,..,., ;-; , l.J..J ",\ I t'!j ,Cf.) I~ I~ L. r~ 'Vi L ..~~. :~! {.. ~r1 ../ t' .~n 'I /: .~'.:! :~-j \.- I 1 r" ~ '~ :~ -., , r~ ;: ~ I rl~\ \~ ,'" \ III , , -' I;'''; ')'''!:~: 0 - r' -I .. :1.1'.. I ,"" .'1" i ~ ...1___;.... ~ o z I i.'11' i\'!l '.ij g, ! j i -j " j/ I - !:r'j [ .11 . .' DRAFT DATED AUGUST 20, 2003 CITY OF ALBERTVILLE DEVELOPMENT AGREEMENT KOLLVILLE ESTATES THIRD ADDITION THIS AGREEMENT, entered into this day of ,2003 by and between LEUER-MUNSTERTEIGER PROPERTIES, INe. referred to herein as "Developer"; DAVID J. THEIS and JOSEPH F. BARSODY, TRUSTEES OF THE SYLVESTER KOLLES TRUST DATED MAY 15,1992, hereinafter referred to as "Kolles Trust"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer and Kolles Trust are the fee owners of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Kollville Estates Third Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 42.2 acres into 66 single-family residential lots for purposes of constructing 66 single-family residences, one Outlot and one Park; and WHEREAS, the City has given preliminary approval of Developer's plat of Kollville Estates Third Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and 1 ~ WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, drainage, sanitary sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject Property and be fmanced by Developer; and WHEREAS, the City further requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site-related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. 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 Kollville Estates Third Addition, as prepared by Quality Site Design, LLC and last dated August 18, 2003 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding and site grading. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2003, with the wear course of bituminous pavement to be installed after May 15,2004, but before June 30, 2004. B. 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. 2 ~ C. Developer and the Kolles Trust shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety 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. 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 Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 2. Construction of On- and Off-Site Improvements. A. Developer shall construct all on- and off-site improvements including installation of paved streets, curb and gutter, boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off-site improvements shall be installed no later than October 31, 2003, 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, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: 3 .. 1. Electrical power supply, to be provided by Xcel Energy or other such carner; 11. Natural gas supply, to be provided by Reliant Energy or other such carner; 111. Telephone service, to be provided by SprintlUnited 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 street lights to be installed at such locations as required by the City Engineer. Street signs shall also be installed of such type and at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22- foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. D. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. E. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit B. Said ponds and basins shall be dedicated to the City, 4 and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 3. Intended Use of Subdivision Lots. The City, Developer, and the Kolles Trust agree that the numbered lots in Said Plat are intended only for single-family residential use in the number and the configuration as are shown on Said Plat. Developer and the Kolles Trust shall construct only one single family dwelling per numbered lot, unless Said Property is rezoned by the City in the future into a classification which would allow additional units to be constructed. 4. Suretv 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 under this contract shall be performed. Said letter of credit or surety shall be in the amount of $934,600 representing the sum of 100% of the estimated cost of the Municipal Improvements ($895,000), 50% of the on and off-site improvements ($79,200). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off-site improvements, 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 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. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to payor reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. 5 D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all 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. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081, to the extent of the costs identified in this agreement. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the 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. 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, On- and Off-site Improvements, and/or Landscaping Improvements and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. 6 B. The Developer may request of the City a reduction or release of any surety as follows: 1. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. 11. When all or a portion of the Municipal Improvements or the on- and off-site improvements or the Landscaping Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except 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, and the City shall retain the letter of credit or surety in the amount of 25% of the estimated landscaping costs for two years from the time of the installation of said landscaping materials. 111. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Abandonment of Proiect - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various representations 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 the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground- 7 cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the lots within Said Plat. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit B. Developer and the Kolles Trust shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. Draina!!e Requirements. Developer and the Kolles Trust shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 10. Maintain Public Property Dama!!ed or Cluttered Durin!! Construction. Developer agrees to assume full [mancial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, 8 sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. 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 the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, 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 the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 11. Temporary Easement Rie:hts. Developer and the Kolles Trust shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 12. Miscellaneous. A. Developer and the Kolles Trust agree that all construction items required under this Agreement are items for which Developer and the Kolles Trust are responsible for completing and all work shall be done at Developer's and the Kolles Trust's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. 9 ~ 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. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer and the Kolles Trust have completed all work and obligations required of it under this Contract (ineluding the expiration of the warranty period), at the Developer's or the Kolles Trust's request, the City will execute and deliver to the Developer or and the Kolles Trust a release of its obligations under this Agreement. However, at no time shall the City release those provisions of this Agreement which, in the City's sole judgment, contain continuing obligations. Said continuing obligations i elude, but are not limited to, paragraphs 1,3, 7, 9, 10, 13, 14, 15, 16, 17, 18, 9,20,21,25. F. he Developer and the KoBes Trust represent to the City that Said Plat omplies with all City, county, state and federal laws and regulations, i eluding but not limited to: subdivision ordinances, zoning ordinances, and nvironmental regulations. Developer and the KoBes Trust agree to obtain 11 required federal, state and local permits. If the City determines that Said lat does not comply, the City may, at its option, refuse to allow construction r development work in the plat until the Developer or the KoBes Trust so omplies. Upon the City's demand, the Developer and the KoBes Trust shall ease work until there is compliance. G. rior to the execution of this Agreement and prior to the start of any onstruction on the Subject Property, Developer and the KoBes Trust shall rovide the City with evidence of good and marketable title to all of Subject roperty. Evidence of good and marketable title shall consist of a Title nsurance Policy or Commitment from a national title insurance company, or 10 an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer and the Kolles Trust shall comply with all water, ponding and wetland related restrictions, ifany, required by the City of Albertville, Wright County Soil and Water District and/or any applicable provisions of State and F ederallaw. I. Developer and the Kolles Trust shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of (;Uly adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. 1. Developer shall install landscaping according to the Landscaping Plan attached as Exhibit C to this Agreement. 13. Future Development of Lot 4. Block 4 of Said Plat. A. At such time as either Sylvester Kolles no longer resides on Lot 4, Block 4 of Said Plat or upon the sale or development of Lot 4, Block 4, the Kolles Trust, its successors and assigns, shall relocate the existing driveway to a street designated by the City. Until one of the contingencies outlined above have been met, the City shall permit Sylvester Kolles to access his home over the existing driveway on Outlot A provided that Sylvester Kolles agree to hold harmless, indemnify and defend the City, its officers and agents, from any and all liability, obligations, losses, damages and claims whatsoever, regardless of the cause thereof, and expenses in connection therewith, including, without limitation, attorneys fees and expenses, concerning any use of Said Outlot A to access Lot 4, Block 4 of Said Plat. resulting in damage to property or injury or death of any individual or property. B. At such time as any owner of Lot 4, Block 4, (including the Kolles Trust) subdivides such lot into one or more additional lots, the owner of Lot 4, Block 4 shall be required to dedicate and construct, at its own expense, a cul-de-sac street extending east from the end of 61 st Place as shown on Said Plat. Such 11 cul-de-sac street shall meet all then-existing requirements of the City's subdivision and other applicable ordinances and shall be subject to review and approval by the City Engineer. Acceptance by City of said cul-de-sac dedication shall occur upon passage of a resolution to such effect by the City Council. 14. Violation of Ae:reement. A. Except as otherwise provided in this Agreement, upon any default by Developer or Kolles Trust, its successors or assigns, of any ofthe covenants and agreements herein contained, the City shall give the defaulting party thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer or Kolles Trust, the City may thence immediately and without notice or consent of the Developer or Kolles Trust complete the Developer's or Kolles Trust's obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat and/or bring legal action against the Developer or Kolles Trust to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. Developer knowingly and voluntarily waives all statutory rights to appeal said special assessment under Minnesota Statutes section 429.081. B. Notwithstanding the 30-day notice period provided for in paragraph 14A above, in the event that a default by Developer or Kolles Trust 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 paragraph 4F, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the 12 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 or Kolles Trust shall be grounds for denial of building permits. 15. Dedications to the City. A. Municipal Improvement Dedications: The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make the following dedications to the City: 1. Developer shall dedicate easements to the City over, under and across all trails to the City in a form and with legal descriptions acceptable to both the City Engineer and City Attorney. 2. Developer shall dedicate drainage easements to the City over, under and across all drainage ponds located in Said Plat. 3. Developer shall dedicate to the City all roads, road and trail right-of-ways, curbs, gutters, sewers and water mains and utility easements located within Said Plat. Prior to the City's acceptance of said dedications, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. 4. Developer shall deed to the City in fee simple absolute Outlot A of Said Plat. B. Park Dedication Fees: Developer acknowledges and agrees that in order to satisfy the City's park and trail dedication requirements for Said Plat, Developer shall dedicate to the City of that portion of Said Plat labeled "Park. " 16. Phased Development. If the plat is a phase of a multi-phased preliminary plat, the . City may refuse to approve final plats of subsequent phases until public 13 v-~ ~ improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 17. Indemnity. Developer and the Kolles Trust 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 and the Kolles Trust shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 18. Assi2:nment of Contract. The obligations of the Developer and the Kolles Trust under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 19. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 20. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said Plat, Developer agrees to pay a trunk sewer charge in the amount of $59,080, representing $1,400 per acre of Said Plat multiplied by 42.2 acres contained in Said Plat. In addition, prior to release of Said Plat, Developer agrees to pay a trunk water charge in the amount of $50,640 representing $1,200 per acre of Said Plat multiplied by 42.2 acres contained in Said Plat. Developer agrees to pay said amounts prior to the City's release of Said Plat. 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 against Developer. The Kolles Trust will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement against the Kolles Trust. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and 14 v' 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 and the Kolles Trust are bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Intee:ration Clause. Modification bv Written Ae:reement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 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: (612) 497-3384 Leuer-Munsterteiger Properties, Inc. P.O. Box 340 100 East Central Avenue St. Michael, MN 55376 Telephone (612) 723-8636 Fax (763) 497-8296 Sylvester Kolles Trust Dated May 15, 1992 C/o J an Larson Johnson, Larson, Peterson & Matt, P .A. 908 Commercial Drive Buffalo, MN 55313 Telephone (763) 682-4550 Fax (763) 682-4465 15 ,,' 25. Af!reement Effect. This Agreement shall run with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE By Its Mayor By Its Clerk LEUER-MUNSTERTEIGER PROPERTIES, INC. By Its President SYLVESTER KOLLES TRUST DATED MAY 15,1992 By David J. Theis Its Trustee 16 v .. SYLVESTER KOLLES TRUST DATED MAY 15,1992 By Joseph F. Barsody Its Trustee STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2003, by Don Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2003, by Linda Goeb, as Clerk-Administrator 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 17 " . ~ STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2003, by , as President of Leuer- Munsterteiger Properties, Inc. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2003, by David J. Theis as Trustee of the Sylvester Kolles Trust dated May 15, 1992. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of ,2003, by Joseph F. Barsody as Trustee of the Sylvester Kolles Trust dated May 15, 1992. Notary Public 18 . " DRAFTED BY: Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East 81. Michael, MN 55376 (612)497-1930 19 \"': .. '\ EXHIBIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Kollville Estates Third Addition Plat): Lots 1-15, Lots 1-11, Lots 1-19, Lots 1-14, Lots 1-8, Lots 1-9, Outlot A Park Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 All said property in Kollville Estates Third Addition plat, City of Albertville, County of Wright, Minnesota. 20 'I. \? . EXHIBIT B Grading and Erosion Control Plan EXHIBIT C Landscaping Plan 21 II '- ~Sai 320.229.4301 FAX transportation \,' 1200 25th Avenue South, P.O. Box 1717, S1. Cloud, MN 56302-1717 320.229.4300 architecture engineering environmental August 7, 2003 RE: Albertville, Minnesota 2003 I-94/CSAH 37 Traffic Signal Improvements SEH No. A-ALBEV 0319.00 7 The Honorable Mayor and City Council Members c/o Ms Linda Goeb, City Administrator City of Albertville 5975 Main Avenue NE PO Box 9 Albertville, MN 55301-0009 Dear Mayor and Members of the City Council: Bids were opened in the City Hall at 11 :00 a.m. on Wednesday, August 6, 2003, for the above- referenced improvement. The low bid was submitted by Design Electric, Inc., St. Cloud, Minnesota. A complete tabulation of bids is enclosed. In my opinion, Design Electric, Inc. is the lowest, responsive, responsible bidder and I recommend award to them based on their bid of$121,370.00. Please contact me if you have any questions. Sin~09. ~ Scott D. Hedlund, PE Project Engineer sge Enclosure (Bid Tabulation) X:\AE\ALBEV\031900\SPECS\L-CITYRECOMMEND080703.DOC Short Elliott Hendrickson Inc. 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