1996-07-18 Early Construction Agreement
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FRIWadZlJJll1 & COLII'l La.lJJ Off 1
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49732100 P.02
ALLOWING DJU,Y CONSTaUCTIOH OF KODEL BOKES
CITY OF ALBElt'l'VXLLE
PARKSIDB3RD ADDITI0H
'.eBI$ AGREDuT, entered into this J g--rJ1 day of July, 1996 by
and between K$ncO construction, Inc., collectively referred to
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hereJ..rt as "De~eloper" ; and the CITY OF ALBERTVILLE, County of
Wt'i9h~, 'state <j>t Minnesota, hereinafter referred to as "City";
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j AGIUitEKBft
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lfJ:ftfESSETa:
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naBAS, Developer is the fee owner and developer of a parcel
or pa:tcels of iland described in Exhibit "A", attached hereto and
incorporated herein by reference, a portion of which parcels of
land are propo~ed to be subdivided and platted for development as
"park$lide Third Addit.ion" and may sometimes hereinafter be referred
to aSithe"$ubaect Property;tI and
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WHEREAS, ! the city has qiven preliminary approval of
Developer'S p~at of parks ide Third Addition contingent upon
c01\\pl~ance wi1;.h cert.ain ci t.y . requirements including, but not
limit~dto, ~~ters set forth herein; and
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~nEAS, I the city normally requires that certain pUblic
impro;vements including, but not limited to, qradinq, sanitary
SQwe~, water, ~tormsewer, curb and gutter, and streets (hereafter
"Mun~cipal I~rovementstl) be installed to serve the subject
prop~rty prior: to the commencement of construction of homes on the
SubjsctPrope~t.y; and
!dBRn8, ithe Developer has requested that it be allowed to
begirt const.ruction on 3 model homes on the Subject property prior
to ~inal pl~tting and prior to installation of Municipal
Improvements; i and
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;WBEREAS,lthe city has agreed to allow construction of said
mOde~ homes s~bject to tha terms contained in this agreement;
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1How, TU.BPORS,IT IS BBREBY AND aDEI. KO~UALLY AGREED, in
consideration: of eaoh party's promises and considerations herein
set forth, as: follows:
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1. iDevelOpe~ shall be allowed to construct 3 model homes, one
I home eadh to be constructed within the confines of lot 1,
Ibloc:k. 7,: lot 2, block 7 and lot 3, block 1, respect.ively, as
I shown on t.he parks ide 3rd Addition Preliminary Plat as
I approve~bY the city and on file with the city Clerk, matching
! lot 1, block S I lot 2, block 8 and lot 2, block 1 of the
I propos~f~nal plat, as submitted to the city for approval.
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2 . said model homes shall be constructed at elevations of no less
than 963.5, 962.5 and 963.5 feet above sea level,
respectivelY, and each home must be constructed such that the
foundation qrade of each home (as measured from the top of the
garage floor) is at least 18 inches above the top of the curb.
If the foundation grade to curb differential is less than 18
inches, Developer will raise the entire home as necessary (at
Developer's expense) to achieve said 18 inch differential.
Developer shall not modify the height of the curb without the
prior written permission of the city.
3 . Developer shall at all times maintain a gravel surfaced
roadway to the three model homes. said roadway shall be
passable at all times and shall be of sufficient quality to
support a fully loaded fire truck tanker and other necessary
emerqency vehicles. Said roadway shall be of sufficient width
to allow the passaqe of two emerqency vehicles side-by-side at
the same time. Developer shall bear all expenses related to
said road and its maintenance until such road is dedicated to
the public and accepted by the city.
4. Developer agrees not to use any of the homes as a model home
open to the qeneral public until Developer'. has received a
limited occupancy permit from the City. The limited occupancy
permit shall issue at the discretion of the building
inspector,<butunder no circumstances shall it be issued for
any home. if any unfinished portion of the home..presents a
safetyhazar'd, nor will a limited occupancy.pennitbeissued
unless the curb and qutter abutting the'.. home .... has been
installed and at least a class 5 gravel. base adequate to
support' necessary emergency vehicles has been installed in the
roadway abutting the home, unless such provisions are waived
by the City Enqineer.
5. Developer shall provide the city with proof of qeneral
liability insurance insuring against personal injury or other
damage to the general public as a result of the showing of
.said homes while under a limited occupancy permit. said
insurance shall be in an amount and form acceptable .to the
city Attorney and shall be provided prior to. the issliance of
building permits for said model homes. Developer shall not
show said homes to the', general public until said proof of
insurance has been provided to the city.
6. Developer agrees to indemnify the City for all expenses
incurred (including attorney' s; and other professional fees) or
monies paid as a result.of>any claims<madeagainst the city by
any third parties, where such claims arise in whole or in part
from the construct'ion" > sBowing. or ex.istence. of . said model
homes. Developer'also.agrees to indemnifY and hold. the city
harmleSs' from any 'and all claims of Developer, Developer's
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employees, agents, contractors or assigns which are in any way
related to the construction or showing of said model homes.
7. Developer understands that it is constructing homes prior to
receiving final plat approval from the city, and that
Developer shall bear all expenses and risk associated with
such activity. Should said model homes need to be moved,
removed, rebuilt or otherwise reworked in order to conform to
the final plat requirements as well as all other subdivision
and zoning requirements in the city, Developer shall
voluntarily undertake such corrective action at its own
expense to bring said homes into compliance with the
applicable final plat, subdivision or zoning ordinances.
Developer shall not be granted variances from said subdivision
or zoning requirements for the purpose of conforming the model
homes to the existing zoning or subdivision ordinances.
8. The City reserves the right to deny approval of the final plat
of the Subject Property for any valid reason.
9. Developer shall provide the city with an as-built elevation
survey for each model home. Said survey shall delineate the
height of the foundation grade of each home (as measured from
the top of the garage floor) and the height of the top of the
curb. No occupancy permits shall be issued until said surveys
are provided to the city.
10. Developer shall provide bottled water in each modeL home . and
shall make available on site a satellite toilet at all times
during the showing of said homes.
11. Developer may not sell or otherwise convey any of" said model
homes until the final plat of the Subject Property has been
approved by the city and recorded, and until a final occupancy
permit has been issued by the city.
12. Should Developer fail to obtain final plat approval from the
city for the Subject Property by November 3.1, 1996, Developer
shall remove the model homes by January 31, 1997.
13. Developer agrees to keep any and all city streets clean which
are used as access points for construction equipment engaged
in the construction of the model homes.
14. Develope)t'L\shallpayall city costs incurred in preparing this'
agreement,' and shall pay any and all city costs, including
attorneY's;fees and otherprofessionalf.ees,which may be <
incurred by the City in enforcing this agreement
15~ This'agrea'ment shall be binding upon and extend. to the
representatives, heIrs, successors and assigns <of the parties
hereto.
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Dated:
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N, INC.
STATE OF' MINNESOTA
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COUNTY OF WRIGHT
STATE OF MINNESOTA
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strument was acknowledged before me this
, 1996, by Michael Potter as
of Al ertv1lle, a Minnesota municipal
f of the city and pursuant to the authority of
A))'o A? V~L
Notary Public
~--w;u~
frii@\ NOTARY PUBLWAEnA '1
~;.......:.J) My Comm~re~. 2000 I
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The foregoing
dLl ~. day of
Mayor of the ci
corporation, on beha
the City Council.
COUNTY OF WRIGHT
The. foregoing . ns
~~.. day of
Clerk of the City
corporation, onibehalf
the city council.
rument was acknowledged before me this
, 1996 ,by Linda Houghton, as
o lbertv1Ile,aMinnesota municipal
of the city and pursuant.to.the authority of
P/$* ~o.L
Notary Public . . ----
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J'4~~~.:. Nor~ 771
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._._.._._......~mm. Expites Jan.a'.r:!.
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STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
~~"loregoing
h:F . day of
president of Kenco Co
PATRtCIA PRATr
IOTMY JIU8UC -II.II_OTA
..,c.a B1p. JIn. 81. 8llOO
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ent was acknowledged before me this
, 1996, by Kent Roessler, as
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Notary Publ1.c
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