2002-03-12 Fax - Develpers AgreementPILOT
FAX COVER SHEET
DATE: 20 G TIlIIE: l0 ' 7 -
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FROM. DONAU ?JAV�,Z DEVELOPMEA" T DIRECTOR k OIL P GES
DIRECT DIAL # 763-772-1012
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13736 Johnson Street NE - Ham Lake, Ng� 55334 - 763-772.1001 - Fax: 763-7574094
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CITY OF ALBERTVELE DEVELOPER'S AGREEMENT
Cedar Creek South Fifth Addition
THIS AGREEMENT, entered into this day of , 2002 by and
between Pilot Land Development Corapauy, bar,, refwed to herein as "Developer"; and the
CITY OF ALBERTVILLE, County of Wright, State of Mizmesota, hereinafter referred to as
Crty ,
VVTTNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, wb:.ch
parcel(s) of land are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar
Creek South Fifth Addition" and may sometimes hereinafter be referred to as the "Subject
Property" or "Said Plat", and
WIiEREAS, the City has given preliminary approval of Developer's Development
Stage plan of Cedar Creek South Fifth Addition contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvemenns including, but not
limited to, grading, Sanitary sewer, m=cipal water, storm sewer and streets (hereafter
"Municipal improvements") be installed to serve the Subject Property and, further, to be
financed by Developer;
WHEREAS, the City further requires that certain on- and off -site improvements be
installed by the Developer within the Subject Property, which improvements consist of
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
parking lot, drainage swales, bermmg, street signs, street cleanup during project
any conflicting issues within Cedar Creel: South Fifth Addition, but any such
conflicts shall not alter the terms of the Master Agreement as they apply to other
plats, now existing or to be platted in the future, within the remaining land area
subject to the Master Agreement.
2, Construction of Municipal Improvements. The Developer shall corutruct those
Municipal Improvements located on and off Said flat as detailed m the: plans and
Specifications for Cedar Creek South Fifth Addition, as prepared by Meyer-Rohlin, Inc,
dated _ ',? as on file with the City Clerk, said improvements to include
installation of water mains, sanitary and stoma sewers, storm water ponding, site
grading, curb and gutter, and paved strCets. 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", 2002 with the wear course of bituminous pavement to be
installed after May 15'b, 2003 but before August 31"', 20 4.
3. Construction of On- and Off -Site Improvements. Developer shall construct all on -
and off -site improvements including installation of boulevards, street signs, traffic signs,
yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete
drivm-ays and parldug lots, drainage swales, berming, and like items as necessary, street
cleanup daring project development, axed erosion control, all as required by City
ordinance. Front and side yards shall be sodded, Backyards may be seeded crr sodded.
In all cases permanent turf or grass must be established over all areas of the lot mot
covered by a hard or impervious surface. Said on. and off -site improvements shall be
than
installed no later n October 31, 200A;itb. the exception of erosion control, drainage
swales and barring, which shall be installed upon initial. grading of Said Plat,
4, Intended Use of Subdivision Lots, Requirements. It is the Developer's and City's
intent that single -fancily detached dwelling units be constructed on the lots in Said Plat
(one unit on each lot), Developer agrees that it shall not constrLct any units other than
said single-family detached dwelling units ou the land in Said Plat Lots located in Said
Plat may have varyizig front yard se�skcs�pro e �o front yard setback may be
less than thirty (30) feet. The final mus ow inuumim front yard setbacks and
these setbacks must remain in force throughout the life of the Planned Unit
Development.
S. 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
22e7-•27•ZItL1
Developer under this contract shall be performed Said letter of credit or
surety shallbe in the amount of SJqq1400 , representing tha sum of
1000/9 of the estimated cost of the Municipal Improvements (S_JU,50V
and 50°r6 of the on and off -site improvements ($13,800.00). Said letter of
credit or surety must meet the approval of the City attorney as to Ram and
issuing bank. If a bond is used for up to 230/c of the surety amount, said bond
shall be in an amount at least 1.5 times the percentage of the required surety
which the bond represents.
13, The letter of credit or surety shall also provide security to the City tbat the
Developer will pay all park dedication fees that may be owed to the City (if
awry) from the developments listed below after deducting a credit to the
Developer for the installation of trails is said developments. The City shall
provide Developer with a final accounting of such park dedication fees when
all trail cost information is made available to the City.
C. 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 wan'anty
period or to otherwise fulfill the obligations of Developer under this
agreement, including the park dedication obligations described in this
Agreement.
D. 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 pay or
reimburse the City in total as required herein, the Developer agrees that upon
being billed by the City, Developer will pay within thirty (30) days of the
mailing of said billing, the said deficient amount, If there should be an
overage in the amount of utilized security, the City will, upon making said
determination, refand to the Developer any rnor�ies which the City has in its
possession which are in excess of the actual costs of the project as paid by the
City.
E. 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 ties agreement should Developer's letter of credit or surety prove
4
i, When another acceptable letter of credit or sumty is furnished to the
City to replace a prior letter of credit or surety.
ii. 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 pardon of
improvements so installed, except that the City shall retain the letter of
credit or surety in the amount of 10% of the estimated consauction
puce of the Municipal Improvements daring the fast year of the
warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty
period.
iii As to all requests brought under this paragraph B, toe City Council
shall have complete discretion whether to reduce or not to reduce said
letter of credit or suuety,
C. The costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of billing.
7. Sanitxry Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer
Trunk Line Fee Ordinance requires the Developer to pay S 1,400, 00 per acre in sanitary
sewer trunk line fees. There are i o ?i acres in Said Plat. However, per the
agreement outlined in Parkside 3 Addition Developer's Agreement, paragraph 2, pages
2-5, the developer will be credited S900,00 per acre prior to the installation o:f a sanitary
sewer trwok line. Therefore, the Developer shall be required to pay S y,Z15�= (5500,00
x to, 4 ) acres). Developer will pay said fee prior to the release of the final plat by the
City.
8, Erosion and Siltation ControL Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strkliy
cazuplied with as set forth in the attached Exhibit B. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosicn
control plan prove inadequate in any respect.
9. Ditch C-leaning, Developer shall comply with all requirements set forth for drainage
into any county ditch or other ditch through which water from Subject Property may
drain, and shall make any necessary improvements or go through any neceasfuy
procedures to ensure compliance with any legally enforceable federal, slate, county or
City requirements, all at Developer's expense, The City may elect to (but shall not be
required to) refund to the Developer expenses incurred by Developer for machine
operator time spent cleaning the ditch beyond the boundaries of Said Plat.
10. Miscellaneous.
A. This Contract shall rum with the land and shall be recorded against the tide to the
property (or shall be recorded via a short -form companion document referencing
this Agreement). Upon the Developer's request the City will execute and deliver
to the Developer a release discharging Developer's obligations under ibis
Agreement, provided the Developer has completed all work and met all
obligations required under this Contract, and after expiration of the wmraw
period.
B. The Developer represents to the City that Said Plat complies with all City,
county, state and federal laws and regulations, including but not limited to,
subdivision ordinances, zoning ordinances, and envvixon rental regulations. If the
City determines that the plat does not comply, the City may, at its option, refuse
to allow construction or development work in Said Plat until the Developer so
complies. Upon the City's demand, the Developer shall cease work until there is
compliance.
C. Prior to the execution of this Agreement and prior to the start of any construction
on the Subject Property, Developer shall provide the City with eNidence of good
and marketable title to all of Subject Property, 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 tinder the laws of the State of Minnesota.
D. Developer shall not place airy structure at au elevation such that the lowest grade
opening is less than two feet above the highest kaowm surface water level or
ordinary high water level or less than one foot above the 100-year flood level of
any adjacent waver body or wetland. If'sufficient da a 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 constriction shall not begin
until the property has been approved by the Building Inspector or a professional
soils engineer.
E. Maintenance of interiors of cul-de-sac and wide spot in road?
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11.
F. The Albertville City CounciXc.
the right t allocate wastewater treatment
opacity in a manner it fordse best ' rests of the public hatltb, safety
and welfare. The Developerlush eowner's association via a
recorded covenant for this daid homeowner's association shall
provide for maintenance of (including the area of the platted
lots that are not covered wits), st4ets and the exterior of all town home
structures in perpetuity. Saiiam a ents/covemmts shall be in a form
and content acceptable to thcmey
G. If a subdivision sign is desired by the Developer toidentify the Cedar Creek
South Seventh Addition development a sign plan shall be submitted fn the
review and approval of the City Planner. Deed restrictions or other appropriate
documentation shall be provided to identify that the private homeowners
association shall be responsible for the maintenance of the grounds as well as 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 maintained The
written documentation shall be subject to review and approval of the City
Attorney and filed with the Wright County Recorder's Office,
K Developer shall guarantee that all new plantings as required by Exhibit C shall
survive for two full years from the time the planting has been completed or will
be replaced at the expense of the Developer.
I. Developer shall install street lights at Developer's expense of the type and in the
locations as approved by the City Engineer.
Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon couapletion of all construction work and
certification of completion by the City Engineer, shall dedicate all roads, road
right of ways, 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. Developer acknowlodges that a total of i • q � acres of park land ( IV- V 3 acres
of land x .10) are needed under the City's current park dedication. The Developer
is not dedicating any park land with this plat Developer shall meet its park
(D:)N3>l wd92:2. 2e02•27•61 W
/50
dedication requirements tbiough the payment of per residential lot platted
in this plat, subject to offsets in favor of the Developer for excess park laud
dedicated in prior plats and the cost of construction of trails built by Developer at
the City's direction. Developer shall make any payments due to the City under
this paragraph at such time as the City directs.
12. Indemnity. Developer shall hold the City and its officers, employees and ag4mts
I;Mess from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said Plat approval and development, The Developer shall
indemnify the City and its officers, employees and agents for all costs, damages or
expenses which the City may pay or incur' in consequence of such claims, including
attorney's fees, Third parries shall have no recourse agahrst the City under this contract.
13. Maintain Public Property Damaged or Cluttered During Construction. 'Developer
agrees to assume full financial 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 watennam, sanitary sewer or
storm sewer when said damage occurs as a result of the activity which takes place
during the development of Said Plat. The Developer fu><tha agrees to pay all costs
required to repair the streets and/or utility systems damaged or cluttered with debris
when occurring as a direct or indirect result of the construction that takes place in
Said Plat.
Developer agrees to clean the streets on a daily basis. Developer flusher agrees that
any damage to public property caused by Developer, its agents or employees, will be
repaired immediately if deemed to be an emergency by the City. Developer further
agrees that any damage to public property caused by Developer, it; agents or
employees, v41 be repaired within 14 days if not deemed to be an emergeucy by the
City.
If Developer fails to so clean the streets or repair or maintain said public property,
the City may undertake making or causing it to be cleaned up, :repaired or
maintained. When the City undertakes such activity, the Developer shall reimburse
the City for all of its expenses within thirty (30) days of its billing to the Developer.
If the Developer fails to pay said bill within thirty (30) days, then the City may
specially assess such costs against the lots within Said Plat and/or take necessary
legal action to recover such costs and the Developer agrees that the City shall be
entitled to attorneys fees incurred by the City as a result of such legal action,
Developer knowingly and voluntarily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081.
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Cedar Creek South Estimate of Remaining Work
Phase
sanitaiy Sewer
Waterrnain
Storm Sewer
Streets
Total
II (Karston Ave.)
$61,651.50
$90.165.00
$33,353.90
$187,562.30
$372,732.70
I11 (Karston Circle)
$12,855.50
$14,930.50
$4,0HH_50
$38,054.30
$69,908.80
IV (Karston Court)
$33.450.50
$34,820.50
$11,868.25
$112.395.55
$192,534.80
Totals 1
$107.957.50
$139.916.00
$49,290.65
$338,012.15
$635,176.30
$635,176.30 _ $8.040.2_1 (Street & Utility Cost Oniy)
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