2003-10-03 Recorded Development Agreement
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Doc. No. A 894487
(f'lFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
01-27-2004 at 11:51
Check #: 5942 Fee: $ 71.00
Payment Code 02
Add!. Fee
Larry A. Unger, County Recorder
CITY OF ALBERTVILLE
MASTER PLANNED UNIT DEVELOPMENT AGREEMENT
TOWNE LAKES THIRD ADDIDON
TIllS AGREEMENT, entered into this 3",tI day of (f)e~ 2003 by
and between Contractor Property Developers Company, collectively referred to
herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State
of Minnesota, hereinafter referred to as "City";
WITNESSEm:
WHEREAS, Developer is the fee owner and developer of the real property
(the "Development") described in Exhibit A, attached hereto and incorporated herein
by reference, which real property is proposed to be subdivided and platted for
development and which real property is subject to the provisions of this Agreement;
and
WHEREAS, Developer has received preliminary plat approval for "Towne
Lakes Phase II" as shown on Exhibit B and shall hereinafter alternately be referred to
as the "Development" and will submit fmal plats for these lands in phases over the
course of several years; aild
WHEREAS, Developer has received fmal plat approval for 10 lots (nine of
which will be used for single family residences and Lot I, Block 3 will be used for a
community swimming pool) and this development is intended to bear the name
"Towne Lakes Third Addition" as shown on Exhibit C and which shall hereinafter
be referred to in its entirety "Said Plat"; and LAND TIn.E. INO.\
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WHEREAS, Said Plat is a part of the Development over which preliminary
plat approval has been granted; and
WHEREAS, this Agreement shall serve as a master agreement for all of the
Development over which preliminary plat approval have been granted and as a
primary Developer's Agreement for the fIrst phase to be platted as "Towne Lakes
Third Addition" described as "Said Plat"; and whereas, separate Developer's
Agreements shall be required at the time of fmal platting of all future phases of the
Development following Said Plat.
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 and Said Plat and the
conditions imposed thereon. Therefore, this Agreement shall apply both to said Plat
and to the Development; and
WHEREAS, approval of a Planned Unit Development is required to permit
the aforementioned Development proposed by Developer; and
WHEREAS, the City has given preliminary approval of the Development
contingent upon compliance with certain City requirements including, but not limited
to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading,
sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter
"Municipal Improvements") be installed to serve the Development and other
properties affected by the development of Developer's land, to be installed and
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 lights, street cleanup during project development, erosion control, and
other site-related items; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Planned Unit Development. The Development is hereby allowed to be
developed as a Planned Unit Development with flexibility from the strict
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requirements of the City's Shoreline Regulations and Zoning Ordinance In
relation to selected items detailed in this paragraph.
A. Developer and the City recognize that setbacks within the Development
will vary depending on housing type to be constructed. However,
Developer agrees that setbacks shall be consistent with the templates
provided by Developer which are attached hereto as Exhibits D, E, F, and
G).
B. Additional phases of the Development shall be developed consistent with
the preliminary plat of Towne Lakes Phase II attached as Ex. B. Upon
fmal platting of all property which has received preliminary plat approval,
(excluding lot 1, Block 1 and Outlots E and F of said Plat) no more than
235 numbered lots will have been created with 59 single family lots of
8,500 to 10,000 sq. ft. in area, 19 single family lots of 15,000 sq. ft in area,
100 row townhomes, and 57 detached townhomes. However, Developer
will have the option of placing twin homes on lots 16 and 17, Block 4c
and on Lot 2, Block 7c as shown on Ex. B. Outlots A, B, C, D, and G of
Said Plat shall be replatted by Developer within five years of the date of
this Agreement, consistent with the following:
1. Outlot A shall be a permanent open space and shall be deeded
to the Homeowners' Association referred to in paragraph 1.BO
of this Agreement as a park. Further, the City shall be granted
a Shoreline Conservation Easement over Outlot A and portions
of Lot 1, Lot 2, and Lot 3, Block 3 of Said Plat. Said Shoreline
Conservation Easement shall be as shown on attached Ex. H.
2. Outlot B shall be developed in the future as four row
townhomes in the locations shown on attached Ex. I. Said row
townhomes shall be of a design consistent with the Kingman
plans attached hereto as Ex. J unless otherwise approved by the
City Council.
3. Outlot C shall be developed in the future as four Row
townhomes in the locations shown on attached Ex. I. Said row
townhomes shall be of a design consistent with the Kingman
plans attached hereto as Ex. J unless otherwise approved by the
City Council.
4. Outlot D of said Plat shall be open space. Developer shall be
allowed to construct a clock tower and a subdivision sign, at its
own expense, on Outlot D provided that Developer shall plat
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Outlot D as a numbered lot, and provide the City with detailed
drawings for the proposed clock tower and subdivision sign
prior to the start of construction. Said clock tower and
subdivision sign plans are subject to review and approval of the
City. The subdivision sign area and height shall be consistent.
with the PUD approved sign for the first phase of Towne
Lakes. No other structures shall be permitted on Outlot D upon
its replat except said clock tower and subdivision sign.
5. Outlot E and Lot 1, Block 1 of said Plat shall be developed in
conformity with the strict requirements of B-2A zoning unless
the property is rezoned by the City.
6. Outlot F of said Plat shall be developed in conformity with the
strict requirements of B-2A zoning unless the property is
rezoned by the City.
7. Outlot G and Lot 1, Block 4 of Said Plat shall be developed in
the future with 59 single family lots of 8,500 to 10,000 sq. ft. in
area, 19 single family lots of 15,000 sq. ft. in area, 52 row
townhomes, and 57 detached townhomes and a parkin
substantially the same location and configuration as shown on
the attached Ex. I. However, Developer will have the option of
placing twin homes on lots 16 and 17, Block 4c and on Lot 2,
Block 7c as shown on Ex. B. Should Developer exercise the
option to place twin homes on these lots, Developer shall
follow the same architectural styling used for the single family
homes.
C. All homes built within the Development shall be constructed in
conformity with the general architectural guidelines of Towne Lakes First
and Second Additions as shown on Ex. K. No homes shall be constructed
on any lot until the home design, home placement and construction
materials to be used have received approval of the Architectural Review
Committee established by the Homeowners' Association referred to in
paragraph 1.0 of this Agreement.
D. With regard to the future park proposed to be dedicated to the City upon
the development of Outlot G of Said Plat, Developer shall, at its own
expense, provide a minimum of 40 parking stalls within the neighborhood
park area.
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F E. With regard to the future development of Outlots B, C, and G of Said Plat
with townhomes, Developer shall have separate utility connections for
each of the townhome units to allow separate water turnoff and sewer
connections through the landscaped yards of the Townhomes.
F. With regard to the proposed future development of Outlots B, C, and G of
said Plat with townhomes, Developer shall file with this Agreement deed
restrictions with the Wright County Recorder of Deeds which provide that
all townhome units in the Development shall be owner occupied and
which prohibits the rental of the townhome units. Said deed restrictions
shall be subject to the review and approval of the City Attorney.
G. All grading, drainage, utility, wetland mitigation, and transportation issues
that arise during development of the Development shall be subject to
review and approval by the City Engineer.
H. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibits L and M. The
Developer shall guarantee that all new trees shall survive for two full
years from the time the planting has been completed or will be replaced at
the expense of the Developer. All landscaping as shown on attached
Exhibit M shall be installed no later than October 31, 2004,
1. 1n order to provide for safe traffic visibility at the Development's
intersections, Developer agrees that no plantings over 24 inches in height
shall be located within the traffic visibility triangle extending 30 feet from
the corner of two intersecting property lines on a corner lot. Prior to the
sale of any corner lot(s) on within the Development, Developer shall
provide to the City with a copy of the sales literature and other appropriate
documentation which identifies this landscaping restriction. Such sales
literature and other appropriate documentation shall be subject to review
and approval by the City.
J. Developer shall replace, at its own expense, any plantings as shown on
attached Exhibits L and M that might be damaged during the construction
of any future phases of the development. Developer shall guarantee that
all plantings replaced pursuant to this paragraph shall survive for two full
years from the date of planting.
K. Developer shall, at its own expense, construct sidewalks and trails in the
locations as shown in the attached Exhibit B at the time of road
construction of the respective plat in which the sidewalks and trails are
located.
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L. Local streets constructed within said Plat shall be as follows:
1. A minimum of thirty-two feet wide for Lake Towne Drive
between County Road 19 and Lakewood Drive;
2. Thirty-two feet wide for all of Linwood Drive as illustrated on
the preliminary plat attached hereto as Ex. B.
3. Twenty-eight feet wide for all other local streets. Streets that
are twenty-eight feet in width shall be limited to parking on one
side of the street. Developer, at its sole expense, shall install no
parking signs where directed by the City Engineer.
M. Developer shall, at its own expense, construct and install a swimming pool
on Lot 1, Block 3 of Said Plat no later than August 1, 2004. Upon
occupation of 70% of the lots of within Town Lakes First and Second
Addition, Developer shall transfer ownership of Lot 1, Block 3 of said
Plat and management of said pool to the Homeowners' Association
referred to in paragraph 1.0 of this Agreement, which shall operate and
maintain the pool in good working order for a minimum of 25 years
unless a shorter period of time is agreed to by the City Council. The
Homeowners' Association may choose to limit use of the pool to
Homeowners' Association members and their families only.
N. Approval of both the Development and Said Plat is contingent upon
issuance of any necessary permits required by the US Army Corp of
Engineers and the Wetland Conservation Act. Such permits are subject to
review and approval by the City Engineer and City Attorney.
O. All homes within the Development except for the areas encompassing Lot
1, Block 1 and Outlots E and F as shown on Ex. C shall be subject to the
master Homeowners' Association as currently established for Towne
Lakes First and Second Additions. Developer shall file the Homeowners'
Association covenants against all Lots within said Plat and in subsequent
plats in the Development.
P. Said master Homeowners' Association shall provide for maintenance of
all of the following items located within Said Plat: common areas
(including Outlot D, the subdivision sign and clock tower when
constructed and excluding the area deeded to the City as park in Outlot
G), all outlots, all trees along all boulevards, the swimming pool, the
shoreline conservation easement area, and all sidewalks and trails. Said
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items shall be maintained by the Homeowners' Association in perpetuity
Said Homeowners' Association shall also enforce all provisions of this
Agreement which regulate the use of individual lots and shall take all
necessary action to ensure that all lots are being used in a manner
consistent with the terms of this Agreement.
Q. Developer agrees to amend the Master Homeowners' Association
Agreement to provide a clause that, should the subdivision sign and clock
tower be constructed and not maintained by the Master Homeowners'
Association, the City, in its discretion, may remove and dispose of the
subdivision sign and clock tower.
R. Said master Homeowners' Association shall provide for and maintain
permanent markers at all property lines along the Shoreline Conservation
Easement. The markers must advise property owners of the Shoreline
Conservation Easement and that property owner's must leave the area
within the Shoreline Conservation Easement in its native vegetative state
as shown on the landscaping plans attached as Exhibits L and M. The
type of markers to be installed must be approved by the City Engineer.
S. Further, Developer shall establish a Homeowners' Association via a
recorded covenant for the row townhomes within the Development to
govern the site maintenance of the row townhomes. The Developer shall
file the row townhome Homeowners' Association covenants against all
lots in subsequent plats in the Development on which a row townhome
will be constructed, said covenants and agreements are to be submitted to
the City Attorney for review and approval and shall be subject to the
requirements of Section 1100 and 2700 of the City Zoning Ordinance.
T. Prior to the sale of any lot(s) within Said Plat, Developer shall provide to
the City with a copy of the sales literature and other appropriate
documentation which identifies all deed restrictions and that the private
master Homeowners' Association and not the City shall be responsible for
the maintenance of the items listed in paragraphs 1.M, P, Q, R and S
above.
U. Except as otherwise provided in this Agreement, upon the failure by
master Homeowners' Association to properly maintain or repair the items .
outlined in paragraphs 1. M, P, Q, R and S above (as determined by the
City), the City shall give Developer and Homeowners' Association 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 correct any deficiencies governed by this
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Agreement and bill the Homeowners' Association for said costs. 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 the
Homeowners' Association, the City may thence immediately and without
notice or consent of the Developer or Homeowners' Association complete
their obligations under this Agreement, and specially assess the costs
thereof against the lots within the Development and/or bring legal action
against the Homeowners' Association 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 and Homeowners' Association
knowingly and voluntarily agree not to contest or appeal such assessment
and waives all statutory rights of appeal under Minnesota Statutes,
including Minnesota Statute 429.081.
v. Prior to the sale of any lot(s) within the Development, Developer shall
provide to the City a copy of the sales literature and other appropriate
documentation which identifies that the private master Homeowners'
Association and not the City shall be responsible for the maintenance of
the subdivision sign in perpetuity. Said documents shall also provide a
clause allowing the City to remove the sign in the event that it is not
mainUiined. This written documentation shall be subject to review and
approval of the City Attorney and filed with the Wright County
Recorder's Office. Prior to the sale of any given lot, Developer must
inform the purchaser of the DNR classification of the abutting lakes as
Natural Environment Lakes and that the lakes are generally not suitable
for boating and swimming. All purchasers of lots from Developer shall
execute written documentation prior to purchasing the lot which
demonstrates that such purchasers have received the information
Developer is required to supply under this subparagraph.
W. The Developer shall file deed restrictions with the Wright County
Recorder of Deeds for all lots adjacent to or containing portions of the
shoreline conservation area indicating that the use of fertilizer and
pesticides in the shoreline conservation easement area is prohibited.
The use of fertilizer and pesticides in the Development must be done in
such a way as to minimize runoff into the shoreline conservation
easement area or public water by the use of earth, vegetation, or
additional means acceptable to the City Engineer.
x. The Developer shall file deed restrictions with the Wright County
Recorder of Deeds for all lots adjacent to or containing wetlands or storm
water ponds indicating that no structures can be built within 30 feet of
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wetlands All such deed restrictions shall be subject to the approval of the
City Attorney.
Y. Prior to the sale of any lot(s) within the Development, Developer shall
provide the City with a copy of the sales literature identifying the required
thirty (30) foot wetland setback building restrictions, the location of all
future parks within the Development, and the location of all present and
future sidewalks, trails and easements. Developer agrees that the
aforementioned sales literature will be distributed to all potential lot
buyers within the Development prior to the sale of any of said lots by
Developer.
Z. It is the understanding of the Parties that Developer does intend to make
use of model homes within the Development. The Parties acknowledge
and agree that should Developer decide to construct any model homes
within the Development, use of such Model Homes shall be consistent
with Section 2200 of the Albertville Zoning Ordinance.
AA. Other Use Restrictions. On all lots within 30 feet of any wetland,
the native vegetation within said 30 feet of the wetland shall not be
fertilized or mowed or otherwise disturbed. On all lots within 30 feet of
any wetland, no structure, including, but not limited to, outbuildings or
accessory buildings, fence, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation
and maintenance of utilities, or which may change the direction of flow
or drainage channels in the easements, or which may obstruct or retard
the flow of water through drainage channels in the easements. The
easement area of each Lot including all improvements in it, shall be
maintained continuously by the Owner of the Lot, except for those
improvements for which a public authority or utility company is
responsible. No Owner or other person shall apply any phosphorus-
based fertilizers or herbicides within fifty (50) feet of any wetland or
lake.
BB. Developer shall ensure that all numbered lots are landscaped with
appropriate landscaping materials, the installed value of which shall not
be less than 2% of the cost of the lot plus all materials and labor
necessaly to construct the home placed on such lot. Said landscaping
shall be installed within one year of the occupancy of said home.
CC. No owner of property within the Development shall be allowed to
operate, moor, store or otherwise use motorized watercraft of any type
on either Mud Lake or School Lake. The Homeowners' Association
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shall not allow the operation of motorized watercraft from any piers
Developer or Homeowners' Association installs on said lakes.
DD. Developer acknowledges that the use of the existing structures on
Lot 1, Block 1 and Lot 1, Block 4 of said Plat is temporary. Developer
shall re-plat Lot 1, Block 1 and Lot 1, Block 4 of said Plat by June 1,
2007 consistent with the preliminary plat for Towne Lakes Phase II
attached hereto as Ex. B unless otherwise agreed to by the City.
Further, Developer agrees to remove any and all buildings including,
but not limited to the farmsteads and accessory buildings, that currently
exist on Lot 1, Block 1 and Lot 1, Block 4 of said Plat by June 1, 2004
unless otherwise agreed to by the City.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Towne Lakes Third Addition, as prepared by Westwood Professional
Services dated May 8, 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, and trails. 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 August 15,2004.
B. The Developer warrants to the City for a period of two years from the
date the City accepts the fmished 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.
C. Developer 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 suretytand pay any contractors who performed work on any Municipal
Improvements and whom Developer has failed to fully pay for the
performance of said work.
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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.
3. 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 31,2004, with the exception of erosion control, drainage
swales and berming, which shall be installed upon initial grading of
Said Plat, and except that the driveways and sod need not be installed
in a lot until that lot is developed, provided adequate ground cover has
been established prior to the development of such lot.
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:
1. Electrical power supply, to be provided by Xcel Energy or
other such carrier;
11. Natural gas supply, to be provided by Reliant Energy or other
such carrier;
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111. Telephone service, to be provided by Sprint/United 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
and street signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
on Uniform Traffic Control Devices.
C. Developer has submitted a utility plan for Said Plat showing all
existing and proposed utility lines and easements, attached hereto and
incorporated herein as Exhibit N. Developer agrees to have all utilities
installed according to this Exhibit N.
D. 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. As an alternative to installing silt fencing in back of all
curbing as required by this subparagraph, Developer may, at its
expense, install sod no less than three feet in width in back of all
curbing, provided that if, in the judgment of the City Engineer, the
installation of silt fencing in one or more places is needed, the
Developer shall install such silt fencing at its expense upon request by
the City Engineer.
E. Notwithstanding the requirements of subparagraph 3A 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 I st 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 placed an
escrow with the Homeowners' Association in the amount of $2,000.00
which is to be retained until the landscaping is installed to the
satisfaction of the Homeowners' Association architectural review
committee.
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F. Developer shall install storm water retention/water quality ponds and
basins upon the Development as shown on the Grading, Drainage and
Erosion Control Plan attached as Exhibit O. Said ponds and basins
shall be dedicated to the City, 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.
4. Intended Use of Subdivision Lots.
A. It is the Developer's and City's intent that a total of two single-family
homes, seven detached dwelling units and one swimming pool with
community building (on Lot 1, Block 3) be constructed on the
residentially zoned lots being fmal platted as numbered lots and blocks in
Said Plat, with one dwelling unit per numbered lot. Developer agrees that
it shall not construct any dwelling units other than the above referenced
dwelling units on the land in Said Plat.
5. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $1 ,345,400
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($1,190,000),50% of the on and off-site improvements
($5,400), and 150% of the estimated cost for landscaping/screening
materials ($150,000). 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
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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 b~ the City.
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.
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.
6. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off-site Improvements, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately
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reduced for that portion ofthe Municipal Improvements and on- and
off-site improvements which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be
billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
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 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 frrst year of the warranty
period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period. Developer may substitute a warranty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
111. As to all requests brought under this paragraph, the City
Council shall have complete discretion whether to reduce or not
to reduce said letter of credit or surety.
A. 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.
7. Abandonment of Proiect - Costs and Expenses.
In the event Developer should abandon the proposed development of the said
Plat, the City's costs and expenses related to attorney's fees, professional review,
drafting of this Agreement, preparation of the feasibility report, plans and
specifications, and any other expenses undertaken in reliance upon Developer's
various assertions shall be paid by said Developer within thirty (30) days after
receipt of a bill for such costs from the City. In addition, in the event the
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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 Development, or fails to leave the abandoned
property in a condition which can be mowed using conventional lawn mowing
equipment, Developer agrees to pay all costs the City may incur in taking
whatever action is reasonably necessary to provide ground-cover and otherwise
restore the Development to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion
from the Development and to facilitate mowing of the Development. In the event
that said costs are not paid, the City may withdraw funds from the above-
mentioned surety for the purpose of paying the costs referred to in this paragraph.
8. 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 the Development, 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, Developer agrees to allow the City to reimburse itself from said surety
and/or assess the amount owed against any or all of the Development without
objection. Developer has the right to request time sheets or work records to
verify said billing prior to payment.
9. Development Related Fees and Credits.
A. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the
City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line
Fee Ordinance currently requires the Developer to pay $1,400.00 per acre
and $1,200.00 per acre respectively, upon development of said Plat.
There are 6.5 acres in said Plat and Outlot A which received fmal plat
approval (Excluding the area of Lot 1, Block 1 and Lot 1, Block 4 of said
Plat which will be re-platted in the future and subject to sanitary sewer and
water trunk line fees at that time). Therefore, the Sanitary Sewer and
Water Trunk Line Fees for all property receiving final plat approval and
Outlot A and excluding Lot 1, Block 1 and Lot 1, Block 4, are $16,900
($9,100 in sewer fees calculated as $1,400.00 x 6.5 acres and $7,800 in
water fees calculated as $1,200.00 x 6.5 acres). Developer shall pay
sanitary sewer and water trunk line fees on all future plats in the
Development based on fees in effect at the time of fmal plat of such future
development.
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B. Sanitary Sewer Lateral Assessment. The City has installed a sanitary
sewer line in the Development which Developer will use as a lateral
sanitary sewer line. Developer agrees that the benefit to its property for
assessment purposes under Minn. Chapter 429 is $40,000.00. At this
time, the actual costs attributable to the Development from said sanitary
sewer line are estimated to be $40,000.00. Developer agrees that the
City may specially assess the Development in the amount of $40,000.00
for this improvement, and Developer waives its right to appeal such
assessment to the District Court as authorized by Minn. Stat. Section
429.081. In the event the City assesses the Development for such costs,
the City shall defer the collection of said assessment until such time as
any portion of the Development in which the sewer line was installed is
platted such that one or more numbered lots may be connected to said
sewer line.
C. Highway 19 Improvements. Developer agrees that its Development
benefits from the City's improvements to CSAH 19 in the amount of
$115,688.00. This figure includes any assessments that will be levied as
part of the 2001 Industrial Park Improvement Project. Developer agrees
that the City may specially assess the Development (except the
numbered lots in Said Plat, which shall not be specially assessed for this
improvement) in the amount of$115,688.00 for this improvement, and
Developer waives its right to appeal such assessment to the District
Court as authorized by Minn. Stat. Section 429.081. In the event the
City assesses the Development for such costs, the City shall amortize
such special assessments over a five year period.
D. 70th Street Improvements. The Developer agrees that its development
necessitates the improvement of that portion of 70th Street which
borders the Development. Developer agrees to Eay the City $144,474 as
its share of the cost of paving that portion of70 Street which borders
the Development. Payment of said amount shall occur upon the earlier
of the following events: 1) the platting of the 1618t numbered lot in the
Development; or 2) the execution of a contract between the City and a
contractor for the improvement of 70th Street; or 3) Sixty days before
any payment from the City is due to the City of Otsego if the City enters
into an agreement under which the City of Otsego causes the
improvement of 70th Street.
E. Watermain Ovenizing Credit. The City agrees that the Developer has
installed oversized watermains at the City's request in West Laketowne
Drive and Lakewood Drive all of which will serve properties in addition
17
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to the Development. The City agrees that the Developer is due a credit
(currently estimated to be $18,400.00) of the difference in cost between
a 12-inch watermain and an 8-inch watermain (including necessary
valves and appurtenances) which shall, at the request of Developer, be
credited against any of the amounts due to the City under this paragraph
9.
10. Erosion and SUtation Control
Before any grading is started on any site, all erosion control measures as shown
on the approved Grading, Drainage and Erosion Control Plan shall be strictly
complied with as set forth in the attached Exhibit O. Developer shall also install
all erosion control measures deemed necessary by the City Engineer should the
erosion control plan prove inadequate in any respect.
11. Ditch Cleanin2.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from the Development 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.
12. Maintain Public Property Dama2ed or Cluttered Durin2 Construction.
Developer agrees to assume full fmancial 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, sanitary sewer or storm sewer when said damage occurs as a result of
the activity which takes place during the development of the Development. 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 the
Development.
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 the Develop~ent 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
the Development will be repaired within 14 days if not deemed to be an
emergency by the City.
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If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately undertake making or causing it to be cleaned
up, repaired or maintained. When the City undertakes such activity, the
Developer shall reimburse the City for all of its expenses within thirty (30) days
of its billing to the Developer. If the Developer fails to pay said bill within thirty
(30) days, then the City may specially assess such costs against the lots within the
Development 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.
13. Temporary Easement Ri2hts.
Developer shall provide access to the Development at all reasonable times to the
City or its representatives for purposes of inspection or to accomplish any
necessary work pursuant to this Agreement.
14. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Contract shall not be a
waiver or release.
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E. This Contract shall run with the land and shall be recorded against the
title to the property. After the Developer has completed all work and
obligations required of it under this Contract (including the expiration
of the warranty period), at the Developer's request, the City will
execute and deliver to the Developer a release of its obligations under
this Agreement. However, all continuing obligations under this
Agreement shall remain binding upon the properties covered by this
Agreement and their owners. Said continuing obligations include, but
are not limited to, paragraphs 1,4,8, 14, 16, 17, 18, 19,20,21,22, and
26 of this Agreement.
F. 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 development work in the plat until the Developer
so complies. Upon the City's demand, the Developer shall cease work
until there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on the Development, Developer shall provide the City
with evidence of good and marketable title to all of the Development.
Evidence of good and marketable title shall consist of a Title Insurance
Policy or Commitment from a national title insurance company, or an
abstract of title updated by an abstract company registered under the
laws of the State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
I. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the
public health, safety and welfare. Developer acknowledges and agrees
that the City is currently in the process of expanding its wastewater
treatment plant capacity. Developer further acknowledges and agrees
that delay in the availability of wastewater treatment plant capacity
may occur for some lots located within the Development and that such
delay in capacity availability may also delay the issuance of building
permits for some lots within the Development.
20
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J. Developer 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 any 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.
K. Developer shall obtain all required driveway, utility and other permits
as required by either the City Engineer, Wright County and/or the
State of Minnesota.
L. All outlots shall be seeded to prevent soil erosion, except areas
previously delineated as wetlands.
M. Developer shall grant the City a drainage and utility easement ~
feet wide over those portions of Outlot G through which Otsego
Creek flows. Said easement shall be subject to the approval of both
the City Attorney and City Engineer.
15. Draw on Expirine Letter of Credit.
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
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 expiration of the 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 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 said irrevocable letter of credit must be
approved by the City Attorney prior to its issuance.
16. Violation of A2reement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer thirty (30) days mailed notice thereof (via certified
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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, the City may thence immediately and without
notice or consent complete some or all ofthe Developer's obligations
under this Agreement, and bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this agreement. The
City may also specially assess all said costs incurred upon default
against the properties in the Development pursuant to the terms of this
agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
16(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environment or to public property, or
result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good-faith,
reasonable efforts to notify the Developer as soon as is practicable of
the default, the projected irreparable harm or safety hazard, and the
intended actions of the City to remedy said harm.
C. Paragraph 16A of this section shall not apply to any acts or rights of
the City under the preceding paragraph, and no notice need be given to
the Developer as a condition precedent to the City declaring a default
or drawing upon the expiring irrevocable letter of credit as therein
authorized. The City may elect to give notice to Developer of the
City's intent to draw upon the surety without waiving the City's right to
draw upon the surety at a future time without notice to the Developer.
D. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits.
17. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to the Development, and upon completion of all
construction work and certification of completion by the City
22
Engineer, shall dedicate all roads, road and trail right-of-ways, curbs,
gutters, ponds, sewers and water mains to the City. Upon acceptance
of dedication, 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.
B. Park, Trail and Outlot Dedications.
The City agrees that the Developer will fully satisfy its park
dedication fee obligation for said Plat and any remaining park
dedication requirements for the Development by deeding to the City
the proposed future park shown on Ex. B at the time of final plat of
any portion of Outlot G which shall include the park improvements
itemized on attached Ex. P. Said park improvements as described on
attached Ex. P shall be installed at the sole expense of the Developer
at the time offmal plat of Outlot G. Developer agrees to maintain
said park, at its sole expense, for two years after completion of the
park after such time the City shall be responsible for all park
maintenance.
C. Shoreline Conservation Easement
A shoreline conservation easement around the shores of both School
Lake and Mud Lake shall be dedicated to the City. It is the intention
of the parties to this Agreement that this conservation easement area be
returned to its native vegetative state and shall act as a buffer to the
lakes. Developer at its own expense shall restore the easement area by
planting native trees, grasses and shrubs within the shoreline
conservation easement to encourage wildlife habitat and decrease the
visual impact of the development on the natural environment
lakeshore. Said landscaping shall be constructed as shown in the
landscaping plans attached as Exhibits L and M. Developer shall
guarantee all new plantings as required by Exhibits L and M shall
survive for two full years from the time of planting has been
completed or will be replaced at the expense of the Developer.
18. Phased Development.
As said Plat is a phase of a multi-phased preliminary plat, Developer agrees
that the City may refuse to approve fmal plats of subsequent phases until
public improvements for all prior phases have been satisfactorily completed.
Development of subsequent phases may not proceed until Development
23
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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.
19. Indemnity.
Developer shall hold the City and its officers and employees harmless from
claims made by Developer and third parties for damages sustained or costs
incurred resulting from the Development approval and development. The
Developer 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.
20. Assi2llment oC Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from its obligations
under this contract without the express written consent of the City Council
through Council resolution.
21. 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.
22. ProCessional Fees.
The Developer will pay all reasonable professional fees incurred by the City
as a result of City efforts to enforce the terms of this Agreement. Said fees
include attorney's fees, engineer's fees, planner's fees, and any other
professional fees incurred by the City in attempting to enforce the terms of
this Agreement. The Developer will also pay all reasonable attorney's and
professional fees incurred by the City in the event an action is brought upon a
letter of credit or other surety furnished by the Developer as provided herein.
24
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23. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this
Agreement by reference as they appear. Unless otherwise specified in this
agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
24. Inteeration Clause.. Modification by Written A2reement 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.
25. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the
City Clerk for the City) or registered mail addressed as follows to the
following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Contractor Property Developers Company
Attn: Homer Tompkins, President
3030 Centre Pointe Drive, Suite 800
Roseville, MN 55113
Telephone: (651) 556-4550
Fax: (651) 566-4551
26. A2reement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
25
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CITY OF ALBERTVILLE,
B~\-~~
Its Mayor
~
By," . ~~
(~... / H ItsscCll~e ......~..
.j~~,
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
B~~7iZ2
Homer H. Tompkins III
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this '3 cd..
day of Oc..,+obe.{ , 2003, by Donald 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.
~.-w:
Notary Public
~'ii KATHLEEN BOST
NOTARY PUBLIC - MINNESOTA
~._ . My Comm. Exp. Jan. 31, 2005
26
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· 4
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this :3 r.J
day of OcJ..ober , 2003, by Linda Goeb, as Clerk of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
KATHLEEN BOST
NOTARY PUBLIC - MINNESOTA
My comm. Exp. Jan. 31. 2005
~ ~a:J;t
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF Rt\\-\St.-\' )
The foregoing instrument was acknowledged before me this 3 ~
day of f:;f..P1f.-MB(,\2., , 2003, by Homer H. Tompkins III, as President of
Contractor Property Developers Company., J
~.~
Notary Public
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
27
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 3rd day of
October, 2003, by Bridget M. Miller, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City
Council.
RETURN TO:
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
612)497-1930
7Jd){L
Notary Public
28
, .
EXHmIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lot 1, Block 1
Lot 1, Block 2
Lots 1-3, Block 3
Lot 1, Block 4
Outlot A
Outlot B
Outlot C
Outlot D
Outlot E
Outlot F
Outlot G
All said property is located in .T<>wne Lakes Third Addition, City of Albertville,
County of Wright, Minnesota.
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LaW. DE!lICIP11ON
x
An eo:HmMI for wetland conserI/O/ion put'pO$e$ 0"'" and OCI"OSS
thot pt1I't of Outlot A ood Lot t. Lot 2 and Lot .x Block J.
TOtfNE LAKES.JRI) ADDITION.. according to the reconJed plot
theTeof Mtigbt County, lrIinnesota. lying SOUI"erly ond
soutlteosterly of the foIIowhg descrbed line:
Commetcitg ot the ItOI'theosterly com.. of said Lot .x EJkJek :J;
thence South 02 degrHS " minuta 43 S<<OtJds Cost. assum<<J
beoring dong the "sl line of fKJid Lot .J, Slodt .1 0 di$tonc. 01
99.89 '.t to the point 01 beginning of 1M IiIHt to be daaibed;
thence South 89 degrees 16 minutes 24 sffCOttdS West 0 d/$tonce
of 85.0" feet; them:e North 89 degrHs 41m1nuta 45 seconds
West, (I dis/once 012.122 leet: lIuInctt South 7S degrHS ,j4
minut~ 56 seconds West (I distonce 01 151..37 feet; thence North
90 de9'ees 00 minutes 00 S<<OI1th West. (I distance of 177..16
fHt; thence South 48 r:/egt'HS 12 minutes 47 ueonds West. (I
di$tonce of 2.J1.2O leet: thence South 09 degrees 25 minutes 21
seconds Wes~ " di$tonce 01 99.29 IHt; lhent:tt South 48 d~s
12 minutes 47 SIIf:Mds iMrst. (I distance 01 259.00 ffNJt to the
northeasterly right-of-rtIOy line 01 Langford OriWl. as dedicatftl it
said TONNE LAKES JRO ADDI71ON, ond st'Jid ~e /here terminGting.
SCHOOL. LAKE
100'
I
200' :lOO'
""'" 05/30/03_ tOft
<'---. Property ~ c-p.ay
WIImMpoIIo. _ 51142I
Towne Lakes
3rd Addition
99360.0lE"SfOl,OWC
I ,~r :,es..=...~rofesSiooal Services. loc.
Eden Prairie. MN 55344
Phone: 9521937.5150 Fax: 9521937.5822
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Design Guidelines
Architectural Review & Design Guidelines for:
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~.~KES
A1bertville's
. New Smdll Town Neighborhood
GENERAL
GUIDE
LOT
PLANNING
Careful siting of each home should seek to fit the topography, blend with significant existing vegeta-
tion, views, open space and other features that define the character of this neighborhood. These guide-
lines will further this goal by establishing criteria aimed at achjeving quality levels of landscape archi-
tecture and sensitive site plans. Our goal is beautiful streetscapes and open spaces, interesting and com-
plementary lot amenity features, paving and planting design. Careful consideration must be made for
future additions: decks, fences, and screened porches. Consultation with an experienced landscape
design consultant is recommended at the early stages of home and site pl~g.
SUMMARY
Design for the
unique aspects
of your home-
site and the
neighborhood.
Refer to spe-
cific tree foca-
tions and ele-
vations and
try to provide
a balance
between home
position, Ufoot
print" an~
preservation
of significant
trees.
8/16/00
EXAMPLE
Summer
Peak
2. Respect the existing topography and
work with it. Adapt it with natural fonru
and retaining that continues the lines of tJ
home.
3. ARC may require maintenance of sigh
lines of other homes to natural or built
.amenities.
. Horizon
2. Preserve undergrowth in protected for
areas. Pathways are appropriate.
3. For Concept ARC Review Plan submit
show the location, size species, and e1~va
of existing trees greater than 8 inches.m
diameter and oaks, hickory and su~ar .me
greater than 2 inches in diameter Wl~ .
proposed area to be disturbed and Wlthir
feet thereof.
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i ' SUMMARY
J
Position
garages to
reduce their
visual impact
on the street.
Cause the
active, visually
interes~ fea-
tures of tile
house to be
prominent on
the streetscape.
For every four
fully recessed
garages, one
front loaded
garage is
illowed (but
not encour-
aged) provid-
ed that certain
criteria are
met:
EXA^-,fPLE
cr
DETAIL
C. LOT.HOME POSITION GUIDE
1. Respond to ARC garage and home p'
tion from ARC-provided Lot Planning
Guide.
2. On vertical curb streets, utilize existir
curb cut or pay for new curbcut locatioi
and street restoration/ repair.
3. Homes should be positioned with in
respect to existing homes and in anticip,
tion of siting of future homes. (See: The
A.R.c. Lot/Home Location Guide.)
D. HOUSE-DOMINANT HOME DESIG
1. Design homes with "tamed garages",
emphasizing a home' 5 elevations, to bui
ing massing and architectural detailing,
including a recognizable style, or domin.
or tasteful blend.
E. TOWNE LAKES'S REDUCED SET-
. BACKS
1. 20' setback from property line (15'
from back of most sidewalks)
allows! motivates use of deeper floor
plans (see City requirements).
1. With reduced lot widths and budget c
scious home design.. house-dominant
designs require creative two and three c;
garage positioning to screen, diminish
impact from road, while emphasizing h<
entry and approach.
2 Provide not less than two car or more
than four spaces without ARC approval.
3. Garage positioning that emphasizes
house and minimizes garage can include
· 3 car L--shaped garages with tandem
spaces, turned garages at side streets, sic
load garages and limited use courtyard ;
garages (where lot width permits).
4. On lookout or walkout lots, emphasi:
oversized garages (with two 1 car d~rs
one 2 car door) to provide greater deslgI
freedom yet meet homeowner's need fo
greater storage.
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. SUMMARY
EXAMPLE
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Straight-in
garage wlmin.
35' setb8ck: 3
car Tandem.
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Home
w/tumed
courtyard
garage 25'
setback.
DETAIL
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Comer home wI garage @ side street. TA.
IN,
THE
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Side loaded garage.
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I. . SUMMARY
Special uses
Will be
approved by
Administrative
permit through
administrative
design review.
Attached'sin-
de fami! .
a, eIlin Y
h:mes ~r two
families are
encouraged on
comer lots and
beyond 200' of
eaCh other.
E.\A:\lPLE
:. :.: . : Townhome
. (2-3 DUI
'.bIdg-
. architec-
. ture similar
to sur-
rounding
homes).
DETAIL
. . ~
. f".~.~..
G. ACCESSORY DWELLING UNITS
1. 800 sl. accessory dwelling units are
permitted in many Towne lakes homes.
2 "Flex space" designs for alternate USE
garages/homes could provide space fOI
accessory dwelling unit, office, craft spc
etc.
H. TWO-FAMILY HOMES
1. Design structure to look like single f
ily home, with garages at either end or
Pagl
SUMMARY
EXAt\1PLE
Front entry walk.
Natural areas.
DETAIL
2. Exterior design & massing, selected
style, detailing to appear as a larger sin~
family detached home.
I. HARD SURFACES!PAVING
1. DRIVEWAYS
a. Driveway gradient no greater thar
15%. preferred drive not greater thar
10% to 20' deep apron area at garage
greater than 4% slope.
b. Driveways to be narrowed in the
f:ront yard area and curb ~t l~tion:
2. FRONTWALKS
a. With or without a side walk,. ead
home is to have a walk from the fro
entry I porch to the back of curb, pre:
ably with steps near the street right-
way line/back of sidewalk (except Ie
with unusually long drives or steep
topography.
3. PAVED AREA
a. Homes without a front porch m~
have a paved surface of at least 100
sJ.. A deciduous overstory or under
ry tree, minimum 3" caliper must pI'1
vide shade for the area. Creative/m
use of paved surfaces is encouraged.
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GENERAL
H 0 1\{ E
DESIGN
GUIDE
Provide each individual home its own identity and character. Homes must be aesthetically balanced,
with details consistent with the selected architectural style, and built with quality materials and work-
manship. Homes not demonstrating adequate design variety will not be approved by ARC.
SUMMARY
EXAMPLE
"PI
Trellis/arbor/pergola as garage
camouflage.
DETAIL
A. VISUAL IMPACTS
1. Create attractive off-lot visual impac
Be mindful of the home's massing as SE
from surrounding road approaches ane
when viewed with other adjacent and ~
round homes. Avoid unaccented 2 & 3
story facades.
2. Respond to each lot'~ on and off- sitl
opportunities to help define the vie~s,
home's outdoor spaces and guide posi-
tions of home interior spaces ..
3. Select! design home floor plans that
establisli aJriendly relationship with th
street via porches, decks, gradual level
changes and anteways, entry sitting an
courtyards, patios, terraces, sheltered
entrys, etc.
4. Price efficiency can come with simp]
lower room-count, ''box-on-box'' floor
plans, blended with modern, shared-sp
room layouts.
5. "Stage front" appearance will not bE
approved. The home's sides and rear
should support the style of the home's
. front elevations, with similar trim, deta
ing & sidings.
6. De-emphasize! camouflage garages
with setbacks from home front, with
porch extensions, arbors, trellises, win~
walls or retaining walls. Hide garbage
recycle bins through design.
7. Add steps from garage to home, pre
vide headroom at garage service door.
Allow space for added risers in garage
and/ or transition rooms within home,
such as laundry / mudroom. Design
should reduce impact of blank ~a ab<
garage door(s) (ie. lowered roof line,
trim! details.)
PagE
sUMMARY
Provide main
floor elevation
that is raised
2 1/2 to 3 feet
above the
street eleva-
tion. 5 to 7 ris-
ers typical.
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With reduced front setbacks (that
encourage neighboring), raise
home to protect privacy.
DETAIL
B. HOME TO BACK OF CURB
ELEVATION
1. Raise home, with added front steps
to capture an old traditional look par-
ticularly with reduced setbacks... can
turn on-grade homes to look-outs,
look-outs to walkouts.
C. ROOF PITCHES
1. The roof on each home is one of the
most important visual masses on "the
house. Roof slopes and overhangs mus"
be appropriate to the selected individua
style: ReSearch your style, know its con
ventions.
2. Design and refine well thought out.
simple and strong roof forms. Increase<
roof pitches are generally preferred (exc
for some bungalow and prairie styles.)
D. HARDSCAPE
TERRACES!PORCHES/OUTDOOR
LIVING SPACE
1. Outdoor living spaces can provide. efj
tive transition between home, outdoors,
and a place of interaction with neighbol
These could include patios, decks, gar-
dens, terraces, seating areas. H a porch
terrace is prepared shown and labeled,
should be of sufficient size to allow seat
ing for 2, minimum. Sheltered entries
(without seating areas are acceptable) b
then a terrace or other hard surface seat
area at the front of the home must be pJ
vided.
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DETAIL
HOME
DESIGN
GUIDE
The design of the homes for Towne Lakes will require a blend of standardized plans and custom adap-
tation to site and home owner needs and likes and Towne Lake's streetscape will grow in character
from the addition of one tasteful home after another. This depends a lot on details.
SUMMARY
EXAMPLE
DETAIL
A. PREFERRED STYLES
· Designs utilizing modern floor plans
within an architectural theme.
· Colonial, · victorian, · federal, .
farmhouse, · cape cod, .tudor · stick,
· shingle, (early) prairie school · arts
& crafts bungalow.
B. PREFERRED MASSING
· 2 story, · story & 1/2, · ranch, · 2
story with attic dormers.
C. GARAGE TREATMENTS
1. Use ~~story 1 dormer elements ove:
garages for architectural interest and bOl
space.
2. Garage door accents and detailing
should be used to break up its scale &
designed to echo home stylel detailing,
making it look less dominant, more a co:
tinuation of the structure. Do not use pI
flush steel doors.
3. Where there are garage walls with nc
doors, there should be windows that me;
other windows & trim 1 architectural det
of the home.
4. In area below floor line and above
grade, use stone, cultured rock, siding
extensions, lattice, brick, stucco and
"band" 1 verge boards.
D. ENTRY PORCH/STOOP
1. Provide a stoop or entry porch (of us
able size), large enough for plants and 50
ing. They should be covered by an ove
hang, roof, trellis, portico or detail appJ
priate to home style.
2. Where a smaller sheltered entry is
planned, provide an. entry settin~ such
veranda, deck or patio swtably SIZed fOJ
minimum of two chairs.
Pag'
SUMMARY
EXAMPLE
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DETAIL
E. ROOF MATERIALS
1. Well proportioned overhangs, fascia,
gutter, soffit, frieze, window trim &
details, skirt boatd & comer treatment,
supportive to selected dominant arcrute
tural style.
2. Roof materials may include cedar
shakes, copper, slate, or a minimum of
lb. tabbed asphalt, "dimension" shingle:
Small amounts of prefinished standing
seam metal may be acceptable. Colors
should be muted, dark shades with shal
ow coloring.
3. Valley flashing of copper, prefinishec
metal, or interwoven shingles are pre-
ferred.
4. Gutters and downspouts muSt be int
grated to color and style of house.
5. Functional roof vents are encouraged
Continuous covered ridge vent. shingle-
over type should be used. Avoid! minirr
box ventS.
. F. ARCHITECTURAL SIDING & TRIJ
1. Use materials & Architectural trim cc
sistent with home and selected home st:
2. Use vents, recessed bays & cantileve!
to create interest & shadow lines.
3. Exterior materials of masonry brick,
stone, stucco and natural wood are pre-
ferred. Use great care in selection of" c
tured stone" products for ARC. SamplE
are required.
4. Stained & prestained wood, clad,
cementous materials or composites will
accepted if sample or manufacturer's C2
log-with trim indicated and color specif
are submitted. b Other vinyl sidings me;
be approved by ARC. Wolverine vinyl
ing/ trim system is ARC approved.
Specific colors and treatment must be A
approved for each home.
. G. MASONRY - BRICK/STONE,
CULTURED STONE.
1. The first masonry on the house sho~
be the fireplace chase, if visually pronu-
nent.
2. Masonry fronts must wrap comers t
logical stop, but no less than 24".
3. Masonry, if used, apply in locations
most visible.
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SUMMARY
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DETAIL
4. Columns must be sized appropriate
their height and building mass suppor
H. FIREPLACE CHASE/CHIMNEy
1. Should reflect the home's style.
Masonry chimney is preferred.
2. Decorative chimney caps/screens ar
encouraged.
I. DIRECT VENT FIREPLACES
1. Are permitted but boxed out "dog-
house" foons are not allowed.
2. Chimney caps should be detailed flt
top of box type design.
]. DOORS AND WINDOWS
1. The entry door.is expected to be a
dominant feature. Sidelights and tran-
soms are encouraged.
2.. Use energy-efficient, quality ?oors &
WIndows. selected to fit the architectura
style.
3. Select window grilles to be in chara(
with architectural style.
K. WINDOW TRIM
1. Wmdows must have exterior trim c
sistent with selected architectural style;
elevations.
2. Wmdows and doors may be painte
natural wood, aluminum, or vinyl cla(
3. Shutters, if used, should be sized to
look as if they could close over entire v
dow. Do not use with multiple windo
groups. .
L DECKS
1. Must be consistent with home
design/ style and should be anextensi(
of the home.
2 Above ground decks must be suppc
ed with 91/4"x91/4" or equal mass
columns where visible*, designed in d
acter with the massing of the home.
Minimum of 6"x 6" column where dec
will not be visible* from existing or
future streets or residences. If deck is
more than 2' above grade and visible*,
screening below deck must be provide
Home materials must extend to deck
detailing.
PagE
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SUMMARY
EXAMPLE
DETAIL
*visible; from existing or future streets,
homes, parks or openspace.
3. Handrailing design and detailing
should be consistent with the home's c
sen style. '
4. Cedar, redwood and wood composi:
wood construction is encouraged. Pair
or stained depending on home style.
5. Future construction I decks should bt
included with the plans for approval, b
indicated as future construction. When
doors are provided to a deck. a minimt:
4' -x6' wide deck must be built.
M. TRASH ENCLOSu;RE
· Accommodate garbage and recycle bi
through added garage width or d~
wing-waIl extensions, fence enclosure
extensions, retaining waIls.
Page
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SUMMARY
DETAIL
SIT E
EXAMPLE
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DESIGN
GUIDE
DETAIL
A. LOT PREPARATION
1. Lot development plan and landscape
plan must be prepared by competent, E!Xf
enced landscape designer or landscape
architect.
2. Completely fence trees that are to be
saved at a distance of 1.5 feet times the tn
diameter in inches.
B. CORNER LOTS
1. Corner lots will have special review
ensuring that each exposure to the street 1
received equa1landscaping attention.
C. GRADING
1. Builder's and owner's responsibility b
prevent erosion and assure positive
drainage.
2 Show erosion control plan and schedul
of tasks.
. 3. Show locations of topsoil stockpiles an
fill soil stockpiles, and proposed silt fence
4. Avoid abrupt slope intercept between
existing and disturbed soil surfaces, and
encourage rounding which blends into th
natural grade.
5. Create contour and grade changes to
enhance privacy, visual int~ and ampl
plant material impact.
6. Sod all swales. Minimum: swales min
2% swales, minimum drainage slope 6" i.l
first 10' away from all building sides. 1%
hard surface.
7. Contour site to protect mutual draina~
issues and existing or potential basement
8. Design, materials and layout must be
submitted for ARC review.
Page
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SUMMARY
r-...
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EXAMPLE
Decorative paving materials
Regularly spaced 3-4" cafiper deciduous
boulevard trees.
Front yard planting must include foundation
plantil1g as well as overstory trees. '
Careful tree & shrub positioning softens &
blends homes to the streetscape.
DETAIL
D. PAVING!FLATWORI<
1. Flatwork and steps with decorative
nosings and detail are encouraged at tt.
front yard as well as the rear yard.
2. Decorative or colored paving is encc
~~ed. This in?udes decorative expansi
Jomts, break lines, stamped and colored
asphalt ("Street Print" or equal), stamp
and colored concrete ("Bomanite" or
equal), brick or colored concrete, interlc
ing pavers.
3. Position retaining walls and slopes :1
preserve trees where possible. Select w
materials and colors to compliment the
home design and material.
E. PLANTING
1. Site planting plan common and mus.
include a plant list containing scientific
names, sizes and planting conditions
(balled and burlapped, potted, bare roo
contain~ grown, tree spade, etc.)
2. Regularly spaced 3-4" caliper decidU!
boulevard trees should conform to ARC
guide site plan.
3. Front yard landscapes are to responc
development planting and A.R.c. recOD
mended planting plan.
4. Front yard planting must include fOl
dation planting as well as both OVerstOl
deciduous and coniferous trees, unders
ry trees and shrubs.
F. REQUIRED PLANTING BUDGET:
1. The budget for the Landscape Planti
Plan must equal or exceed 2-3% of the
home's value.
G. REQUIRED LANDSCAPE PLAN
1. A professional landscape plan mus
prepared by a competent landscape
designer or landscape architect.
2. ARC reserves right to require addit
allandscaping (above the minimum lal
scape budget) on lots where side and I'l
house elevations are highly visible to
views from off-lot, and/or where lack
architectural design or detailing must t
offset/ screened with vegetation.
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SUMMARY
EXAMPLE
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Select wet-association plants near
water and upland planting for higher
areas.
Traditional fencing materials of brick & iron.
DETAIL
H. NATURAL AREAS
1. Foundation plantings should be exe._
ed in a manner consistent with each
home's style. (Soften blank. walls, sheltf
entry walks, hedges for formal deSign.;
2. Natural areas refer to landscape fea-
tures which function as visual edges to
frame each lot. They help define the at:
door "rooms". In the front yard nature:
areas would generally be located close t
the street, possibly adjacent to the lot lir
so the same idea could be continued bv
the neighboring lot owner. In the back
yard natural areas are encouraged at or
about the rear and/ or adjacent side pro
erty lines. Natural landscape treatment
should not replace foun~ation planting~
Natural areas must be mutually agree!
upon with the ARC and would include:
Examples:
a. Natural forest emergent vegeta-
tion .theme:
b. Prame grasses, wildflowers or
other perennial ground covers.
c. Formal garden theme: Rose
bush garden, Formal perennial gar<
d Patch of forest theme: a stand of
young Aspen (this will require 10
to 20 trees, although they could be
as small as 1" caliper.)
I. DECK PLANTING
1. Decks to be shaded by at least one 2
1/2" caliper deciduous. shade tree.
J. SOD
.. 1. .Minimum sod: front, side and 20' i1
rear yard unless it runs into a 3:1 slope.
Slopes must be sodded and staked or
seeded with appropriate grasses, mulcl
other ARC. treatment. .
K. FENCING
1. All fence designs must be reviewed
and approved by the ARC prior to inst
lation.
L. SECURITY FENCES
1. Standard chainlink fences are not pe
mitted.
M. DECORATIVE FENCES
1. Front yard fences must be limited in
height, must be approved by A.R.<;.~ ar
are strongly encouraged to ~e tradItion
Design: ie. picket, wrought IrOn...
2. Vinyl white, tan or grey picket or
PagE
SUMMARY
EXAMPLE
Picket fences with larger posts at ends &
comers.
DETAIL
black, green or cream wrought iron fen.:
allowed in rear yards.
3. All fence designs must be reviewed 2
approved by the ARC prior to installati(
4. If fences are used, gates and archwa'-
are encouraged as a welcoming entry to
property.
5. Privacy or utility screening must inte
gtate with and compliment the architec-
ture.
6. "Invisible fences" are encouraged she
be used for dog enclosures.
N. RETAINING WALLS
1. Preserve trees & compliment home
design with retaining materials & slop~
2. Construction details should be provi<
for retaining waIls greater than 3 fe.et
exposed height.
3. Reta.iiiliig walls should not exceed 6'
wall in height and be constructed of IDa
rials such as stone, veneer or decorative
concrete block (i.e., keystone). Break up
larger elevation drops with stepped mu
pie walls.
4. Landscape wall,surface materials an
colors shall be consistent with accent Iru
rials used on home.
O. MAIL/NEWSPAPER BOXES
· Mail and newspaper boxes will be PC(
vided and installed by the Developer.
P. HOUSE NUMBERS
· Front yard house address identificatic
standards (typeface & number height
requirements) must be met.
Q.L1GHTING
1. Exterior light fixtures should be in ci
acter & style of home.
2. Lighting sources should be indirect
where possible, with all lighting in sha.
of white (no colored bulbs other than at
holidays).
3. Spillover of glare must be avoided t(
neighboring lots and light sources m~
shielded to prevent glare. Wall washes
be achieved through an eave or groun(
mounted light fixture. Avoid soffit-mOl:
ed spot lights. ARC may allow such SF
only in areas not viSible to street or fraI
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SUMMARY
EXAMPLE
A private space created by pool and terrace.
DETAll
other lots.
4. Tree uplights should be recessed beIc
ground, behind shrub masses or down
lights should be positioned within the
trees, out of primary view.
5. Integrate landscape lighting with de.,
arbor, post, bench & trellis elements.
R. DOG RUNS!HOUSES
1. Must be immediately adjacent to the
home and screened appropriately with
design, materials and trim similar to thE
primary home.
S. POOLS AND HOT TUBS
1. Design, materials and layout must be
submitted for ARC review done in refer
ence to the DNR openspace plan requirE
ments.
2. All pools and hot tubs should be fittE
to the land~rms, terracesl porches and
decks. Above ground pools will OnlybE
allowed on specified lots so they can no
be seen by the public or are made to
appear as .uin ground pools". Review aJ
easements prior to planning a pool.
3. Associated code-required security
fences, retaining walls, and lighting sho
meet requirements described.
T. SPECIAL REQUIREMENTS
1. During construction each homesite w
be kept clean and free of debris. Each
builder will be held responsible for del:
which blows off the site, so police your
site. If the developer must clean up th
appropriate charges will be passed on.
2. Every owner and builder is resPonsf
to provide erosion control per all applic
bie regulations.
PaUl
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Towne Lakes
Albertville's New Small Town Neighborhood
Site Position Examples of Homes & Garages
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EXHIBIT P
Developer shall, at its own expense, provide and install the following improvements
to the future Park to be located on Outlot G of said Plat:
IMPROVEMENT
ESTIMATED COST
Park Design
Grading, sod, seeding and irrigation
Park plantings & trees
Park shelter (24'x24')
ElectricaVlnigationv.housing
Bulletin Kiosks
Historic Plaques
Barbecues (2)
Basketball hoops (2)
Park Benches (6)
Player benches (4)
Trash Receptacles (2)
Picnic/game Tables (6)
Drinking Fountain (1)
Play Structure (med size)
Bike racks (2)
Pond Fountain
Parking Lots (2-20 stall lots)
Soccer Goals (4)
Seasonal Ornamental Lighting
Park Maintenance (2 years)
$5,000
$60,306
$33,300
$12,500
$ 9,408
$ 7,000
$ 1,500
$ 1,000
$ 2,500
$ 5,071
$ 2,165
$ 850
$ 3,876
$ 2,500
$30,500
$ 600
$10,000
$41,400
$ 2,000
$ 2,500
$11,324
$245,300
Total
8944&7