1990-09-27 PUD & Subdivision DA
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PLANNED UNIT DEVELOPMENT AND SUBDIVISION
DEVELOPER'S AGREEMENT
PARK'S EDGE
THIS AGREEMENT, entered into th'is -<7'{~ day of -fir/1'1'n6/1"
1990 by and between Albertville Industrial 'Development Co., r ferred to
herein as "Developer" and the CITY OF ALBERTVILLE, in the County
bf Wright, State of Minnesota, .hereinafter referred to as "City".
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a
parcel or parcels of land described in Exhibit A, attached
hereto and incorporated herein by reference which parcel or
parcels of land are proposed to be rezoned to a Planned Unit
Development District (PUD) and developed as a nine lot single
family subdivision in the City, and which subdivision is intended
to bear the name "Park's Edge" and may sometimes hereinafter be
referred to as the "subject property" or "said plat"; and
WHEREAS, the City ha's given final approval of Developer's
plat of Park's Edge 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,
which are herein referred to as "Petition Items" including, but
not limited to, santtary sewer, water, storm sewer and streets be
installed to serve the subject property and other properties
affected by the development of Developer's land, all at the
expense of Developer; and
WHEREAS, the City further requires that certain on and off-
site improvements be installed ,by the. Developer, within the
subject property, which improvements typically consist of
boulevard sod, bituminous or concrete driveway approaches,
drainage swales, berming street signs, and front yard trees and
like items and which improvements to the su~ject property shall
be referred to herein as "escrow items"~ and
WHEREAS, this Agreement is entered into for the p'urpose of
setting forth and materializing for the parties and subsequent
owners the understandings and agreements of the parties
concerning the development of the subject properties;
NOW THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promise and considerations herein
set forth, as follows:
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1. Conditions of Plat and PUD Approval. The city hereby
approves the plat and rezoning to Planned Unit Development
District on condition that the Developer enter into and comply
with this Contract and furnish the security required by it. A
copy of this Agreement shall be recorded in the appropriate
county office simultaneous with the filing of the plat.
Conditions of plat and PUD approval include:
A. The maintenance of 25 foot front yard setbacks upon
. Lots 7-9;
B. The construction of single family homes in a manner in
which attached garages are setback to the furthest extent
possible with building design on Lots 7-9 being subject to
approval of the City Building Official;
C. No driveways shall be permitted to access Barthel
Industrial Drive;
D. The Developer shall provide both berming and coniferous
tree plantings along the subdivision's eastern border within the
Barthel Drive right-of-way per approved landscaping plans. The
said landscaping shall be maintained by adjacent property owners
and shall not be modified unless approved by the City Council.
E. A walk path shall be dedicated between the cul-de-sac
turnaround and the City park to the south.
2. Effect of Approval. Notwithstanding anything in this
Contract to the contrary, to the full extent permitted by state
law, the City may require compliance with any amendments to the
City's Comprehensive Plan, zoning, platting or dedication
requirements enacted after the date of this Contract.
3. Development Plans/Exhibits. The plat and PUD shall be
accomplished in accordance with the following plans and/or
exhibits. The project and plat plans shall be attached to this
Contract in reduced 8-1/2" x 11" format and large scale copies of
the same shall be on file with the City. Where there is a
conflict between the two sets of plans and documents, those
attached to this agreement shall prevail. With the exception of
Exhibit B, the plans may be prepared, subject to City approval,
after entering the Contract, but shall be filed with and must be
approved by the City before recording of the plat or commencement
of any work in the plat. .
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If the plans vary from the written terms of this Contract, the
written terms shall control. The exhibits are:
Exhibit A -
Subject Property Legal Description
Plat prepared by Meyer-Rohlin, Inc., dated
June 21, 1990.
Plans and specifications for public
improvements, prepared by Meyer-Rohlin, Inc.,
dated August.22, 1990.
Grading and Drainage Plan, prepared by Meyer
Rohlin, Inc., dated June 21, 1990.
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Landscape Plan,
Meyer - Roh1ine, Inc.,
,~October 1, 1990.
Petition and Escrow Items
prepared
by
dated
Exhibit F
Exhibit G -
Debt Service Schedule
4. Public Improvements. The Developer shall install and
pay for the following:
A. Storm Sewer and Storage
B. Street Pavement, Concrete Curb and Gutter
C. Sanitary Sewer Lines and Connection
D. Public Water Service Lines and Connection
E. Hard Surfaced Pedestrian Pathway for Park Access
These improvements shall be installed in accordance with City
standards, ordinances and plans and specifications approved by
the City Engineer which have been prepared at Developer's expense
by a competent registered professional engineer. Developer shall
obtain and deliver to the City all necessary permits before
proceeding with construction. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure
an acceptable level of quality control to the extent that the
Developer's engineer will ,be able to certify that; the
construction work meets the approved City standards as a
condition of City acceptance. In addition, the City may, at the
City's discretion and at the Developer's expense, have one or
more City inspectors and a soil engineer inspect the work on a
full or part-time basis. The Developer or his engineer shall
schedule a preconstruct ion meeting at a mutually agreeable time
at the City Council Chambers with all parties concerned,
including the City staff, to review the program for the
construction work. Within thirty (30) days after the completion
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of the improvements and before the security is released, the
Developer shall supply the City with a complete set of
repropucible "as-built" drawings.
5. Private Improvements. The Developer shall install, in
accordance City ordinances and standards, and pay for the
following:
A.
B.
C.
D.
E.
F.
G.
Site Grading and Erosion Control
Surveying and Staking
Setting of Lot and Block Monuments
Gas, Electric and Phone Utilities
Street Lights
Street Signs
Eastern Border Landscaping
All improvements shall be subject to applicable City codes and
inspections. Developer shall not perform any site grading other
than that required for construction of utilities and roads, but
any successor to the Developer who applies for a building permit
shall submit a plan for site grading, in accordance with City
standards then in effect.
6. Petition for Improvements (Petition Items). Developer
herein petitions the City to construct as part of the City's
Improvement Project(s) 1990-1 and/or other City project deemed
appropriate by the City the improvements referred to in Exhibit C
and described therein in very generalized language as Petition
Items. Said Exhibit C is attached hereto and incorporated herein
by reference as though fully set forth.
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9. Petition Items - Surety. It is anticipated that of
City's debt service each year during the stated assessment period
for the installation of the Petition Items as shown in Exhibit C,
the portion of which benefits the subject property will require
an estimated payment(s) from the City to its bond holders amounts
as indicated on Exhibit G attached hereto. It is intended that
D~veloper shall make sufficient payments of said special
assessments that the City's cash flow will be unaffected by said
improvement project(s).
Developer herein agrees that said Developer will actually
pay sufficient amounts of said special assessments each year, if
not already paid in prior year, for properties lying within said
plat to enable the City to pay the required debt service payment
shown on Exhibit G when due. To determine the actual amount, as
opposed to the'estimated amount, to be paid by the Developer, the
principal amount shall be added to the interest amount, for the
subject improvement project(s) as shown on the tax statements for
lots lying within said plat, less credit for pre-payments made
thereof. Any deficiencies in the amount paid by the Developer
for special assessments causing a shortage of funds with which
the City may timely pay the required debt service payment(s)
shall be supplemented with funds withdrawn by the City from the
Developer'S approved letter of credit or other surety furnished
to the City. Any of said surety or guaranty of funds referred to
herein that are withdrawn will be used by the City for payment of
its herein referred debt service payment when due. upon the
Developer paying the delinquent special assessments; the City
will repay to the surety, to the extent that the delinquent
special assessments have been paid, the surety monies withdrawn,
less any costs incurred by the City in conjunction with the said
delinquent special assessments.
The Developer shall provide the City with cash, approved
letter of credit or other satisfactory surety in the amount of 30
percent of the estimated cost of Petition Item improvements which
are to be constructed as part of Project(s) 1990-1. The
Developer's cash, bond, letter of credit or other surety shall
thus be in the amount of $28,500.00, calculated as follows:
Total Estimated Cost of Park's Edge
Plat Petition Items Included in
Project 1990-1
$ 95,000.00
X 30%
Surety Requirement
$ 28,500.00
$ 28,500.00
USE:
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The said 30 percent surety is the guarantee referred to earlier
in this paragraph that sufficient revenue is annually produced by
the payment of special assessments to enable the City to pay the
required debt service payment, which debt service payment relates
to the portion of Project(s) 1990-1 benefitting the development
of the said plat. The City may draw on said surety for cash flow
purposes to supplement the Developer's payments when Developer is
delinquent in the payment of said special a~sessments. It is
recognized that the forementioned surety requirement does not
o include expenses incurred by ~he City for full time construction 01
inspections. i
10. Public Water Inspection Costs. In addition to the
required surety described in paragraph 9, t~e developer shall
submit a cash deposit or letter of credit 1n the amount of
$2,500.00 for full-time construction inspections of public water
facilities conducted by Joint Powers Board Engineers. Proof of
such payment shall be required prior to City's signing of this
contract and prior to the issuance of any building permits.
11. On and Off-Site Improvements/Escrow Items; Surety.
A. Developer shall perform all on and off-site
improvements set forth on Exhibit F as "Escrow Items". Developer
will provide the City with cash, approved letter of credit or
other satisfactory surety in the sum of $16,390.00, which figure
represents 110 percent of the estimated cost of said Escrow
Items. The said surety shall be a guaranty to the City that with
the exception of boulevard improvements (sods, trees, driveways
approaches) the construction and completion of the escrow items
by the Developer, to the City's satisfaction, will be completed
on or before . The boulevard improvements for
each lot or parcel shall be completed to the City's satisfaction
within sixty (60) days of 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 the boulevard improvements shall be so
completed by the following June 1st. At the City's option, it
may install the street sign(s) and bill the direct cost of
materials and installation to the Developer who will pay the bill
within ten (10) days of the billing. The said cash, letter of
credit or other surety shall be released upon certification of
the Engineer of the City that such items are satisfactorily
completed pursuant to this Agreement. Periodically, as payments
are made by the Developer for the completion of portions of the
items described under "Escrow Items" and when it is reasonably
prudent, the Developer may request of the City that the surety be
reduced for that portion of the project which has been fully
completed and payment made therefor. The City's cost for
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processing reduction request(s) shall be billed
at the rate of $30.00 per hour with a minimum
per reduction and shall be paid to the City with
the date of mailing the billing.
to the Developer
of one (1) hour
ten (10) days of
12. Surety Release - Petition Items.
request of the City a reduction or release of
for in conjunction with the Petition Items as
as follows:
The Developer may
any surety provided
shown on Exhibit F
A. When another acceptable surety is furnished to the City
to replace a prior surety.
B. When the final cost amount minus previous payments
becomes less than the surety provided, thus allowing the surety
to be reduced to a sum commensurate with the remaining debt
servic~ obligation.
C. No reduction shall be made which would result in the
surety held being less than 35 percent of the original surety for
petition items until the final costs are known and assessed.
D. The surety will
assessments for 75 percent
paid in full.
The City's cost for processing said reduction request shall
be billed at $30.00 per hour with a minimum of one (1) hour per
reduction, and shall be billed to the Developer and paid to the
City within ten (10) days thereof.
be .released at such time as special
of the lots in said plat have been
13. Surety Deficiency. In the event that any cash, 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 ten (10) 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 such 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. All
monies deposited with the City shall be used by the City at the
City's discretion to defray the City's costs and expenses with
the project(s) referred to herein.
14. Abandonment of Project - Costs and Expenses. In the
event Developer should abandon the proposed development of the
subject property, the City's costs and expenses for the
preparation of the feasibility report, plans and specifications
and all other costs expended by the City which are associated
with Project(s) 1990-1 shall be paid by said Developer. The
Developer has provided cash sureties to the City as follows:
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Purpose
Cost associated with preparation
of Feasibility Report
Cost associated with preparation
of Plans and Specifications
Amount
$ 1,500.00
$ 5,000.00
$ 6,;500.00
TOTAL
The City may withdraw funds from the above referred escrow
for the purpose of paying the costs referred to in this
paragraph. The said cash escrow funds will be released by the
City upon the Developer providing satisfactory sureties for the
Petition Items referred to in Exhibit F.
15. Erosion and Siltation Control.
A. Financial Guarantee. Before any grading is started on
any site, all erosion control measures, as shown on the approved
erosion control plan, shall be installed. In addition, a
financial guarantee shall be provided to the City to insure
compliance during construction. This financial guarantee, which
is included as an Escrow Item in Exhibit F, will not be returned
until all disturbed areas have permanent vegetation re-
established.
B. Erosion Control. After the site is rough graded, but
before any utility construction is commenced or building permits
are issued, erosion control measures shall be implemented,
inspected and approved by the City. Specific earthwork shall
include provision for berming along the subdivision's eastern
border within the Barthel Drive right-of-way, as illustrated on
Exhibit E. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by
the excavation and backfilling operations with the exception of
those areas to be covered by an impervious surface or built upon,
shall be reseeded forthwith after the completion of the work in
that area. Except as otherwise provided in the erosion control
plan, seed shall be rye grass or other fast-growing seed suitable
to the existing soil to provide a temporary ground cover as
rapidly as possible. All seeded areas shall be mulched and disc
anchored as necessary for seed retention. The parties recognize
that time is of the essence in controlling .erosion. If the
development does not comply with the erosion control plan and
schedule or supplementary instructions received from the City,
the City may take such action as it deems appropriate to control
erosion. The City will endeavor to notify the Developer in
advance of any proposed action, but failure of the City to do so
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will not affect the Developer's or City's rights or obli~ations
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. No
development will be allowed and no building or occupancy permits
will be issued unless the development is in full compliance with
the erosion control requirements.
16. Park Dedication. The Developer shall fulfill park
dedication of the Albertville City Ordinance 1987-2 and the
-Albertville Park and'Recreation Board by the paYment of cash in
the sum of $1,575.00 paid prior to the plat being released for
filing at the Wright County Courthouse. The Developer's
performance of its obligation shall be secured by the sureties
described in this agreement, which sureties shall not be
released or reduced until fulfillment of the obligations in this
paragraph are met.
The above money shall fulfill Developer's
requirements for Park's Edge and the nine single
contained within the development.
17. Payment of Special Assessments Upon Sale. It is
further the agreement of the parties that all special assessments
levied on City Project(s) 1990-1 or any other City project
previously levied, or to be levied as a part of activating
previously deferred assessments against the subject property, or
portion thereof, if not paid prior thereto, shall be paid by the
Developer on the sale or transfer of any fee ownership' interest
in the subject property; provided however, that if the seller
grants seller financing in an amount not less than the total of
the unpaid assessments levied or pending against the' lot, then
the paYment of special assessments can be delayed as long as the
amount remaining financed by the Developer is greater than the
total of the said unpaid levied or pending special assessments,
but in all events no later than the date the security of the
sellers financing is released or satisfied. If only a portion of
the subject property is transferred, Developer shall pay the said
special assessments attributable only to that portion which is
being sold or transferred.
Ordinance
family lots
In the event the Developer wishes to have the final costs
for Project(s) 1990-1 determined for the purpose of conveying a
lot or a number of lots prior to completion of the project,
Developer shall provide to the City a cash paYment in an amount
equal to one hundred percent (100%) of the estimated special
assessments for each of the lots that the Developer seeks to
convey. The surety deposit made by the Developer for Petition
Items pursuant to this Agreement shall be retained in full until
the final project costs and results of the assessments are
determined. The City, upon receipt of said paYment for a
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particular lot or lots will upon request then certify wi~hin any
special assessment search relating to said lot or lots have been
fully assessed for said Project, pursuant to this Developer's
Agreement; and that no further assessments will be made to said
lot or lots for the improvements comprehended or being
constructed under Project(s) 1990-1. After determination of the
final cost of the project and the resulting assessment therefor,
any overage paid by the Developer will be returned to the
Developer, and if there should be any shortage in the amount
paid, the Developer will immediately pay the City the different
,between the amount 'previously paid and the amount of the
assessments for the particular lot or lots. Payment shall be
made within thirty (30) days of the billing. The City may draw
upon any surety deposit made by the Developer if the Developer
fails to pay the billed amount within thirty (30) days of said
bill.
18. Maintain Public Property Damaged or Clutter During
Construction. Developer agrees to assume full 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 water main,
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 and/or utility systems damaged or cluttered
with debris when occurring as a direct or indirect result of the
construction that takes place in said plat. In the event the
Developer fails to maintain or repair the damage public property
referred to aforesaid, the City may undertake making or causing
it to be repaired or maintained. When the City undertakes such
repair, the Developer shall reimburse the City for all its
expenses within ten (10) days of its billing to the Developer.
If the Developer fails to pay said bill within thirty (30) days,
the surety shall be responsible for reimbursing the City
therefor.
19. Clean Up. The Developer shall promptly clear any soil,
earth or debris resulting from construction work by the Developer
or its agents or assigns as directed by the City, its agents or
inspectors.
20. Street Section Grading. While the development site is
being graded by Developer, an independent testing firm, approved
by the City, shall test the street section of those parts of
street platted in said plat designated by the City Engineer, so
as to certify to the City that the contractor is achieving 95
percent of the standard moisture density relationship of soils
with exception of the top three (3) feet of the street section
shall be compacted to 100 percent density. Fees paid to the said
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independent testing firm shall be paid by the Developer. The
City's Engineer shall be furnished, either directly by the
testing firm or by the Developer, a copy of the test results.
21. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter
the land subject to the development to perform all necessary work
and/or inspections deemed appropriate by the City during the
installation of private improvements by the Developer. The
. license shall expire after .the public improvements installed
pursuant to this Agreement have been inspected and accepted by
the City.
22. Landscapinq. The site shall be bermed and landscaped
in accordance with the plans and specifications attached hereto
as Exhibit E. In addition, the Developer or lot purchaser shall
install sodding upon all boulevards as well as one (1) front yard
tree per lot. Maintenance of all landscaping shall be the
responsibility of adjacent property owners. Weather permitting,
all trees, sod and seed shall be constructed within sixty (60)
days after a home is constructed on lot. The Developer will
prepare or cause to prepare a Declaration of Covenant, which
Declaration shall be filed with the Wright County Recorder after
it has received approval in writing from the City Attorney and
which Declaration shall establish the berm and provide that it
shall be maintained at all times by the affected lot owners in
the plat in a condition at all times satisfactory to the City.
The said Declaration shall further provide that, upon a failure
of the said affected lot owners to maintain the said berm and
trees,' the City may, after first giving thirty (30) days mailed
notice to the affected lot owners, go upon the said affected lots
over and across the utility and drainage easement area dedicated
in the plat or Park's Edge, and maintain or replace the said
berms and trees. If the City does so perform said maintenance or
replacement, the City shall be entitled to replace or maintain
them to the City's satisfaction and to then assess the costs
thereof to all the affected lots in said plat. The said
assessment shall be payable in one (1) year.
23. Draw on Expiring Letter of Credit. In the event a
surety or other form of guarantee referred to herein is in the
form of an irrevocable letter of credit, which by its terms will
become null and void prior to the time at which all money or
obligation of the Developer is paid or completed, 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 exp~ration of the said expiring
letter of credit. If a new letter of credit is not received as
required above, the City may declare a default in the terms of
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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.
24. Violation of Agreement. 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, and if such default is not cured
within said thirty (30) day period, the City is hereby granted
the right and privilege to declare all of entire sums levied as
. special assessments or otherwise and 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 State's mail. The City may thence
immediately and without notice or consent of the Developer use
all of the deposited escrow funds, letter of credit or other
surety funds to complete the Developer's obligations as set forth
herein, whether related to Escrow Items or Petition Items, and to
bring legal action against the Developer to collect any sums due
the City pursuant to this Agreement~ This provision shall not
apply to failure by subsequent lot owners to maintain the berm as
required by Paragraph 22 above and the remedy therein provided
shall be the sole remedy for' such default.
This paragraph 24 shall not apply to any acts or rights of
the City under paragraph 23 above and no notice need be given to
the Developer as a condition precedent to the City declaring a
default or drawing upon the expiring letter of credit as therein
authorized.
25. Storm Sewer. The Developer warrants that there is no
increasing rate of surface storm draina'ge discharge onto adjacent
properties, other than any adjacent property whose owners execute
an appropriate easement, approved by the City Attorney,
permitting storm water from the property subject to this Contract
to drain onto such adjacent property, provided such drainage does
not negatively affect other properties adjoining such adjacent
property.
26. Natural Features. The Developer shall make every
effort to preserve the natural features of the land including but
not limited to vegetation and topography in accord with the site
plan. (Additionally, see paragraph number 22 above.)
27. Hazardous Waste. Developer warrants to the city that
Developer does not have any knowledge or belief that any person
has used the premises to dispose of hazardous waste or that any
hazardous substance, as defined in M~S.A. SS 115B.02, is located
on the premises.
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28. Conformance with Laws. The Developer shall comply with
the terms of this Contract and all local, state and federal laws
and regulations applicable to the Plat and Site. The Developer
represents to the City that to the best of Developer's knowledge,
the Plat complies with. all county, state, and federal laws and
regulations, including but not limited to: subdivision
ordinances, zoning ordinances and environmental regulations.
The Developer represents to the City that to the best of
their knowledge that an environmental impact statement is not
'required for the Plat.' If the City or another governmental
entity or agency determines that such a review is needed,
however, the Developer shall prepare it in compliance with legal
requirements so issued from said agency. The Developer shall
reimburse the City for all expenses, including staff time and
attorney's fees, that the City necessarily incurs in assisting in
~he preparation of the review.
29. Attorney's Fees. The Developer will pay the City
reasonable attorney's fees to be fixed by the Court in the event
a suit or action is brought to enforce the terms of this
Agreement or in the event an action is brought upon a bond or
letter of credit furnished by the Developer as provided herein.
30. Miscellaneous.
A. The Developer represents to the City that the
development 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 the development does not comply, the
City may, at its option, refuse to allow construction or
preliminary work in the development until the Developer does
comply. Upon the City's demand, the Developer shall cease work
until there is compliance.
B. Third parties shall have no recourse against the City
under this Contract.
C. Breach of the terms of this Agreement by the Developer
shall be grounds for denial of building permits, including lots
sold to third parties.
D.
paragraph
invalid,
remaining
If any portion, section, subsection, sentence, clause,
or phrase of this Contract is for any reason held
such decision shall not affect the validity of the
portions of this Contract.
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E. If building permits are issued prior to the completion
and acceptance of public improvements, the Developer assumes all
liability and costs resulting from 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. No one may occupy a building
for which a building permit is issued on either a temporary or
permanent basis until the streets needed for access have been
provided with a bituminous surface and all other public and
private improvements which serve such building have been
. completed.
F. 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.
G. The Developer and its assignees are liable under this
Contract. The Developer may not assign this Contract prior to
completion and acceptance by the City of public improvements
without written consent of the City Council. This Contract shall
run with the land and may be recorded against the title to the
property. After the Developer has completed the work required on
it under this Contract, at the Developer'S request the City may
execute and deliver to the Developer a certificate of completion
in recordable form evidencing performance by Developer of its
obligations hereunder, subject to any warranties which may be
enforceable subsequent to the date of completion and subject to
any obligations which arise upon construction of buildings upon
lots within the plat. Any obligations imposed by this Contract
not certified as having been satisfied in such certificate of
completion shall remain the ongoing obligation of Developer and
its successors and assigns.
H. Each right, power or remedy herein conferred upon
either party is cumulative and in addition to every other right,
power or remedy, express or implied, now or hereafter arising,
available to City, at law or inequity, or under any other
agreement, and each and every right, power and remedy herein set
forth or otherwise so existing mach be exercised from time to
time as often and in such order as may be deemed expedient by the
City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy.
14
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31. Notices. Required notices to rlhe Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or
registered mail at the following, address:
Notices to the City
shall be in writing and shall be either hand delivered to the
City Administrator, or mailed to the City by registered or
certified mail in care of the City Administrator at the following
address: Albertville City Hall, Box 131, Albertville, Minnesota
55301.
STATE OF MINNESOTA)
) ss
COUNTY OF WRIGHT )
CITY OF ALBERTVILLE
BY~~+}
ary chwenzfe~er, ayor
By:
Ua1:1re:CR .....RarO\ls, City AQmiRi~triltQr
ALBERTVILLE INDUSU-OPMENT CO.
By:4;rl ;V y-
, It I
The foregoing instrument was acknowledged before me this 2 7
day of S~~> 1990, by Gary Schwenzfeier, Mayor,
and by Mayr99R Andr9W&, City ~miRi&trator of the City of
Albertville, a Minnesota Municipal Corporation, on behalf of the
Corporation.
@..~ LaNeIIa Me Yen DIlle
NOTARYPUaIO-.'.01a
WRIGHT COUN1Y
. My CclnwdIIIon......... t..
~ ,Jif[7QJ-<--
Notary Public
15
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COUNTY OF
STATE OF MINNESOTA)
) ss
The foregoing instrument was acknowledged before me this IS- day
of OC.'1oBcfIL' 1990', by R..-.r:A,1'~ . )-/ ~~c" ItA.. ,
of Albertvi1i1:e 'JrioesblDwaw'r:Development Co.'; aU M~nnesota Corporat~on, on
behalf of the Corporation.
DAVlDL ..,
NabIy PuIIIic. ........
....
Ny CoIIlmissielI
January I, 191
G~
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Notary Public
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CONSENT
(/"'.
, fee owners of all or part
of the subject property, the development of which is governed by
the foregoing Development Contract, affirm and consent to the
provisions thereof and agree to be bound by said provisions as
the same may apply to that portion of the subject property owned
by them.
Dated this
It;' day of
()(To6~fL
1990.
~ If(~
STATE OF MINNESOTA)
) ss
LlA__u._._ .
COUNTY OF ~~~ )
The foregoing instrument was acknowledged before me this IS-
day of (jeT\) B fJll.-- 1990, by
DAVID L WOlF
NaIIly Public . MlRaes8II
AnoIIa ColllllY
My Commission EX .
. January 1, 199r"
n~ OZ ~-jJ-
Notary Public /
17
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 1, Block 6, Barthel's Industrial Park, except therefrom that
part lying northwesterly of the following described line and its
northeasterly and southwesterly extensions: commencing at the
most westerly corner of said Lot 1, being on Lannon Avenue N.E.
and the common corner of said Lot 1 and Lot 2 of said Block 6;
thence S 59 degrees 45' 41" E, plat bearing, along the westerly
line of said Lot 1, Block 6, a distance of 155.00 feet to actual
point of beginning of the line to be described; thence N 54
degrees 10' 48" E, a distance of 245.91 feet to the easterly line
of said Lot 1, Block 6 and terminating thereat.
All according to the plat thereof on file and of record in the
office of the County Recorder, Wright County, Minnesota.
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PLAT DATA
F 3.0183 Acrea
TOTAL AREA- 131.478 S. .
"S.F 0.5 I Act..
Staat. 22.40.. .
109074 S.F. 2.50 A_
Lata. . ::..
EXHIBIT/ B:~ I PLAT ""iWCR
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EXHIBIT C
- LANDSCAPING PLAN
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AlbertvU. tnduetl"l.l ~
9110 .'rd A"nue _
Brooklyn Perk. ... ,"'.,
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.".'HIC SC..,,1t '" 'lIT
MI, 16, 1990
an. 6.21.91
q
Howard D. , J....lce uraon
At. 3 80JC inF
lulf~lo. ... S53U
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Dal~ 'wI pllftnlft9 , AMCF &.ocIa.
'll:::t~t~~~. ':';;Hl ~ .~ \
\ Mich..l .I. I JoYce C. Block
1111. ....5.11. Carel.
-7 \ \AIHrCYUI., ... .."'I ~
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Mld\eel II. , ,.trlct. J. veronU'.. ...............
11110 ......... cucle
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AlbertvU. Induatr
9&10 .3rd A........ It
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NOTES:
Kenneth C. , M.. ...." wacke..
nl26 .......b.. carele .
Al.....tvUl.. ... 15JOl
1. Grading of
of l>ulldln
PLAT DATA
TOTALAREA-13I,4788.F, 3.0183 AC/'II
2, Erollon
on lOll 2.
to conlrol
StIlt. 22.405 S.F. 0.51 Acral
3; @ d
Lalt. 109,074 S.F. 2.50 Acr..
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EXHIBIT D - GRADING AND DRAINAGE PLAN
. . .
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EXHIBIT "F"
WORK PERTAINING TO BARTHEL'S PARKS EDGE
A.
B.
C.
D.
Street
Storm Sewer
Sanitary Sewer
Watermain
ESTIMATED COST
$42,590.00
26,556.00
25,854.00
I.
PETITION ITEMS (project 1988-4)
REQUIRED SURETY PERCENTAGE:
$95,000.00
30%
USED:
$28,500.00
$28,500.00
II. ESCROW ITEMS
A. Boulevard Improvements
1. Installation boulevard sod.
2. Planting of one (1) deciduous front yard tree of
type specified in City Resolution Approving Final
Plat for each lot shall be a minimum of two inches
(2") in diameter measured six inches (6") above
the ground.
3. Installation of a bituminous driveway approach
with a minimum of two inches (2") not mix a.c. on
five inches (5") Class 5 aggregate or a concrete
approach .constructed a minimum of four inches (4")
thick with wire or six inches (6") thick without
wire mesh.
B. Grading Control
All site ,grading, including building site~, ponds and
surface drainage ways shall be graded ~n accordance
with the approved grading and development plan.
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EXHIBIT ,"G"
DEBT SERVICE SCHEDULE
BARTHEL'S PARKS EDGE
Debt service based on total estimated project cost of
$95,000.00, 8 years assessment and an estimated 9.25% interest
rate.
REQUIRED SPEC.
ASSESS. TOTAL
PAY. BY DEV.
PRINCIPAL ANNUAL DEBT IN TAXES OR BY
YEAR BALANCE PRINCIPAL INTEEEST SERVICE PREPAYMENT DATK
1992 $95,000.00 $11,875.00 $ 8,787.50 $20,662.50 $10,331.25
10,331. 25
5/92
10/92
1993 $83,125.00 $11,875.00 $ 7,689.06 $19,564.06 $ 9,782.03 5/93
9,782.03 10/93
1994 $71,250.00 $11,875.00 $ 6,590.63 $18,465.63 $ 9,232.82 5/94
9,232.81 10/94
1995 $59,375.00 $11,875.00 $ 5,492.19 $17,367.19 $ 8,683.60 5/95
8,683.59 10/95
1996 $47,500.00 $11,~75.00 $ 4,393.75 $16,268.75 $ 8,134.38 5/96
8,134.37 10/96
1997 $35,625.00 $11,875.00 $ 3,295.31 $15,170.31 $ 7,585.16 5/97
7,585.15 10/97
1998 $23,625.00 $11,875.00 $ 2,196.88 $14,071.88 $ 7,035.94 5/98
7,035.94 10/98
1999 $11,875.00 $11,875.00 $ 1,098.44 $12,973.44 $ 6,496.72 5/99
6,496.72 10/99
$39,543.76 $134,543.76
WCA
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ADDENDUM
The undersigned parties to the' PLANNED UNIT DEVELOPMENT AND
SUBDIVISION DEVELOPER"S AGREEMENT FOR PARKSEDGE. dated
. 1990. pertaining to the subdivision known
as Parksedge. know as PARKSEDGE. herey mutually agree to amend said
contract as follows:
Not withstanding anything in said contract to
the contrary. the Developer agrees to preform
all landscaping work according to the attached
Exhibi t C. incorporated herein by this
reference. All other conditions of said
contract remain the same.
DATE:
c-i~/,rn6"r ~7, /q9tJ
CITY OF ALBERTVILLE
Bdirhd~I~~
By:
Maureen Andrews. City Adm.
DATE:
() Ch~"-' U:,' ri '7 u
ALB~ INDUSTR~;fEVELOPMENT
By: ~ ~lv-
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ADDENDUM
The undersigned parties to the. PLANNED UNIT DEVELOPMENT AND
SUBDIVISION DEVELOPER"S AGREEMENT FOR PARKSEDGE. dated
. 1990, pertaining to the subdivision known
as Parksedge. know as PABKSEDGE, herey mutually agree to amend said
contract as follows:
Not withstanding anything in said contract to
the contrary, the Developer agrees to preform
all landscaping work according to the attached
Exhibi t C, incorporated herein by this
reference. All other conditions of said
contract remain the same.
DATE:
c-i-",I'h76~Y ~7. /99tJ
f I
CITY OF ALBERTVILLE
B~rhdrL~#
By:
Maureen Andrews. City Adm.
DATE:
()ch~ tr-/ /CJ<;o
E INDUSTR~~EVELOPMENT
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By:
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