2006-08-21 CC Agenda PacketA�Ibcrtvillc
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ALBERTVILLE CITY COUNCIL
AGENDA
AUGUST 21, 2006
7:00 PM
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA
3. MINUTES
A. August 7, 2006 City Council minutes (pgs. 3-11)
4. CITIZEN FORUM — (10 Minute Limit)
5. CONSENT AGENDA
A. Approve payment of claims check numbers 023177 to 023320 (pgs 13-19)
• B. Approve Bolton & Menk's recommendation to reduce the Letter of Credit for Towne
Lakes 5th Addition from $165,000 to $113,307 (pgs. 21-22)
C. Approve Bolton & Menk's recommendation to reduce the Letter of Credit for Hunter's
Pass Estates Addition from $427,320 to $223,788 (pgs. 23-24)
D. Approve Resolution No. 2006-xx entitled a Resolution Establishing the Annual
Retirement Benefit for the Albertville Volunteer Fire Department Effective
January 1, 2007 (pg. 25)
E. Approve Resolution No. 2006-xx entitled a Resolution Adopting the 2007 Preliminary
Budget (pgs. 27-30)
F. Approve Resolution No. 2006-xx entitled a Resolution Adopting the 2006 Tax Levy
Collectible in 2007 (pg. 31)
6. ACTION ON PULLED CONSENT ITEMS
7. DEPARTMENT BUSINESS
A. Building Department
1). Monthly Report Update (pgs. 33-34)
B. Public Works Department
1). Wastewater Treatment Plant Request for Council Action for Sludge Removal
(pg. 35)
2). S.E.H. Change Order No. 2 — additional information on items 1 and 2 (pg. 37)
C. Planning and Zoning •
1). Approve revised Resolution No. 2006-xx entitled a Resolution Approving a
Preliminary Plat and Final Plat for Schultz & Schupp, LLC at 5836 Large Avenue
NE, which replaces Resolution No. 2006-31 (pgs. 39-41)
2). Approve Resolution No. 2006-xx entitled a Resolution Approving a Contract for
Private Redevelopment for Schultz & Schupp, LLC (pg. 43)
3). Draft Contract for Tax Increment Financing (TIF) District No. 12 (attachment)
4). Schultz & Schupp, LLC (Winkleman-Eull Concrete) Developer's Agreement
(pgs. 45-59)
D. Engineering
E. Legal
1). Albertville Plaza Second Addition Developer's Agreement (pgs. 61-75)
2). Albertville Medical Clinic Developer's Agreement
a. Agreement Number One (pgs. 77-94)
b. Agreement Number Two (pgs. 95-114)
3). Albert Villas Letter of Credit •
F. Administration
1). Written Report (pgs. 115-16)
8. ADJOURNMENT
•
2
Albertville
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ALBERTVILLE CITY COUNCIL
August 7, 2006
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members John Vetsch, Tom Fay, LeRoy Berning, and
Ron Klecker, City Attorney Mike Couri, City Planner Al Brixius, Assistant City Engineer Adam
Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor
Tim Guimont, and City Clerk Bridget Miller
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
ADOPT AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
agenda as amended and on file in the office of the City Clerk. Motion carried unanimously.
Add to the Agenda:
7.A.3 Draft of a Contract for Tax Increment Financing District No. 12
8.A.3. Change Order No. 2 — Wastewater Treatment Plant Expansion
Remove from the Agenda:
7.A.2. Approve revised Resolution No. 2006-xx entitled a Resolution Approving a
Preliminary Plat for Schultz & Schupp, LLC at 5836 Large Avenue NE, which replaces
Resolution No. 2006-31 to be scheduled on the Monday, August 21, 2006 City Council
agenda
MINUTES
MOTION BY Council member Fay, seconded by Council member Klecker to approve the
July 17, 2006 regular City Council minutes as presented on file in the office of the City Clerk.
Council members Berning, Fay, Vetsch and Klecker voted aye. Mayor Peterson abstained.
CITIZEN FORUM
Mayor Peterson asked if there was anyone in the audience that wished to discuss an item that is not
already on the agenda.
0
Tim Reiswig of 11673 East Laketowne Drive NE inquired about the possibility of installing a stop
sign along West Laketowne Drive NE. The residents in the Towne Lakes Development have •
noticed more traffic using it as a pass through to get to County Road 19.
Mr. Reiswig suggested placing one at the intersection of West Laketowne Drive NE and Lakeview
Drive NE and or West Laketowne Drive NE and Laketowne Circle NE.
Mayor Peterson directed Assistant City Engineer Nafstad to research the proposed need for a stop
sign along West Laketowne Drive NE and identify an appropriate location for the stop sign.
CONSENT AGENDA
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
consent pulling check number 023170. Motion carried unanimously.
A. Approve payment of claims check numbers 023106 to 023174
B. Approve Resolution No. 2006-xx entitled a Resolution Appointing 2006 Election Judges
C. Approve S.E.H. Engineer's recommendation for Application for Payment No. 6 for
STMA Ice Arena Expansion to KUE Construction in the amount of $36,580
D. Approve S.E.H. Engineer's recommendation for Application for Payment No. 14F for
WWTF Expansion to Gridor Construction, Inc. in the amount of $92,499
E. Approve Ordinance No. 2006-11 entitled an Ordinance Modifying 2005 City Code Title
1, Chapter 5, Section 1 — Mayor and Council member's Wages
F. Approve Bolton & Menk's recommendation for Application for Payment No. 2 for
Albertville's Outdoor Hockey Rink to Dennis Fehn in the amount of $4,674.79
G. Approve application for 3.2 Malt Liquor License for the Albertville Lions for a Lions
Zone meeting to be held on Monday, August 21, 2006 at the St. Alberts Parish Center
H. Approve Bonestroo's recommendation for Application for Payment No. 6 for City Hall
Construction to Breitbach Construction in the amount of $302,005
ACTION ON PULLED CONSENT ITEMS
Check Number 023170
Check number 023170 was for yellow rope for the Fire Department.
MOTION BY Council member Berning, seconded by Council member Klecker to approve check
number 023170 Motion carried unanimously.
PUBLIC HEARING NOTICES
PROPOSED MODIFICATIONS TO THE DEVELOPMENT PROGRAM FOR MUNICIPAL DEVELOPMENT
DISTRICT NO. I AND ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO.12 AND
ADOPTION OF PLANS THEREOF (WINKLEMAN BUILDING COMPLEX — EULL CONCRETE SITE
Approve Resolution No. 2006-xx entitled a Resolution Approving a Modified Development
Program for Development District No. 1 and a Tax Increment Financing Plan for Tax Increment
Financing District No. 12 0
. City Attorney Couri briefly stated that the Modified Development Program for Development
District No. 1 and a Tax Increment Financing (TIF) Plan for Tax Increment Financing District (TIF)
No. 12 is in the final stages of preparation with the exception of the Proposed Contract for Private
Redevelopment between the City of Albertville and Schultz & Schupp LLC. The Redevelopment
Plan for Tax Increment Financing (TIF) District No. 12-Eull Concrete is a standard plan, which
most Cities and Financing agencies follow.
Mayor Peterson opened the public hearing at 7:05 p.m.
Mayor Peterson asked if there was anyone in the audience regarding the public hearing for the
proposed modifications to the development program for municipal development District No. 1 and
establishment of Tax Increment Financing (TIF) District No. 12 and adoption of plans thereof for
the Winkleman Building Complex formerly known as the Eull Concrete Site.
There was no one present to share comments relating to the current public hearing.
Mayor Peterson closed the public hearing at 7:06 p.m.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve Resolution No.
2006-xx entitled a Resolution Approving a Modified Development Program for Development
District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing District No. 12
with the recommendations from the Planning and Zoning Commission and with staff s
recommendations. Motion carried unanimously.
Approve revised Resolution No. 2006-xx entitled a Resolution Approving a Preliminary Plat for
Schultz & Schupp, LLC at 5836 Large Avenue NE, which replaces Resolution No. 2006-31
City Planner Brixius asked that this item be removed from the agenda to be placed on the Monday,
August 21, 2006 City Council agenda to allow staff additional time to work with the applicant in
reviewing the preliminary plat.
Approve a Proposed Contract for the Tax Increment Finance (TIF) District No. 12
City Administrator Kruse informed the Council that he placed a draft of a Proposed Contract for the
Tax Increment Finance (TIF) for District No. 12. It is for the Council's review and will be placed
on the August 21, 2006 City Council agenda.
Council recommended that staff amend the draft to eliminate the terminology in the Contract
pertaining to the sale of medical supplies.
City Administrator Kruse stated that the contract would be based on the shell of the building, not so
much as to the operation within the building. Staff will share the information with Kennedy and
Graven.
• ALBERTVILLE PLAZA 2" ADDITION
Approve Resolution No. 2006-xx entitled a Resolution Approving; a Site and Building Plan Review,
Preliminary and Final Plat, and Conditional Use Permit (CUP)/Planned Unit Development (PUD)
5
Amendment for Albertville Plaza Second Addition located at CSAH 19 and CSAH 37 in the Citv of
Albertville •
Mayor Peterson opened the public hearing at 7:15 p.m.
City Planner Brixius brought to the Council's attention that RJ Marco Construction has submitted
an application for site and building plan review, preliminary and final plat, and conditional use
permit/planned unit development (CUP/PUD) for the property located along CSAH 19 and CSAH
37 within the Albertville city limits. Upon the review of the staff reports and hearing public
testimony at the Planning and Zoning Commission, the Commission has recommended approval
subject to conditions outlined in the staff report dated June 29, 2006. The applicant has submitted
revised platting, grading, drainage, utility and site plans to respond to the conditions included in the
initial report.
Staff prepared a revised resolution, which is included within the August 7, 2006 Council packet that
relates to the proposed automotive service center and retail development to be constructed in the
Albertville Plaza Second Addition.
Staff has reviewed the parking requirements on the site, which the automotive uses the credited
1,000 square -feet for storage area in determining parking requirements per the 2005 Albertville
Municipal City Code — Zoning Ordinance. The site and building plan review demonstrates two
fewer spaces than required by the 2005 Albertville Municipal City Code — Zoning Ordinance, but
provides parking on the street in the revised plans. Staff would like to investigate lengthening the
on -street parking stalls to accommodate larger vehicles. •
Mayor Peterson closed the public hearing at 7:26 p.m.
Mayor Peterson inquired about the potential of outdoor storage of vehicles that are in the process of
being repaired. Is there a chance to stipulate that the vehicles are parked within the building in the
evening hours, when the business is not in operation?
City Planner Brixius expressed a concern with the parking around the site also.
Council felt there was a challenge regarding the site with the parking and circulation.
City Attorney Couri stated that as part of the motion the Council could state that there would be no
other storage or obstructive vehicles stored outside the building after business hours. Couri wanted
to add that part of the motion pertaining to Lot 2, Block 1 is with the Assistant City Engineer's
comments.
Council and staff addressed a concern with the noise issue. To be consistent with previous
application, the doors on the south -side of the building that abut the residential area remain closed
during hours of operation. The exception to opening the doors would be to drive the vehicles in and
out of the building.
Council reminded staff and the applicant of the signage that would be illuminated to ensure it meets
the 2005 Albertville Municipal City Code to follow the hours in which it may be lite. •
C
Reg Plowman, representing RJ Marco and the applicant, brought to the Council's attention that a
40 revised landscape plan was submitted directly to the City, not the City Planner, that could be why
Mr. Brixius has not seen the plans. Mr. Plowman stated that on behalf of Goodyear that they would
most likely be able to follow the additional restrictions made this evening pertaining to keeping the
south doors closed during and after hours of operation to reduce the noise. Mr. Plowman would
notify Goodyear of the codes that pertain to the illumination of the signage.
MOTION BY Council member Vetsch, seconded by Council member Klecker to approve
Resolution No. 2006-xx entitled a Resolution Approving a Site and Building Plan Review,
Preliminary and Final Plat, and Conditional Use Permit (CUP)/Planned Unit Development (PUD)
Amendment for Albertville Plaza Second Addition located at CSAH 19 and CSAH 37 in the City of
Albertville with the recommendations from the Planning and Zoning Commission and with staff s
recommendations. Motion carried unanimously.
Approve Resolution No. 2006-xx entitled a Resolution Vacating a Drainage and Utility Easement
for Outlot A Albertville Plaza Addition
Mayor Peterson opened the public hearing at 7:53 p.m.
City Attorney Couri reported that the drainage and utility easement located on Outlot A of
Albertville Plaza needs to be vacated since it is no longer needed for public purposes in the
Albertville Plaza Second Addition.
. Mayor Peterson closed the public hearing at 7:55 p.m.
MOTION BY Council member Vetsch, seconded by Council member Klecker to Approve
Resolution No. 2006-xx entitled a Resolution Vacating a Drainage and Utility Easement for Outlot
A Albertville Plaza Addition with the recommendations from the Planning and Zoning Commission
and with staff s recommendations. Motion carried unanimously.
City Attorney Couri reported that the Albertville Plaza Second Addition Developer's Agreement
would be presented to the Council for approval at the August 21, 2006 City Council agenda.
REQUEST TO RE -SCHEDULE PUBLIC HEARING FOR PROPOSED MODIFICATION TO THE
DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1, THE PROPOSED ESTABLISHMENT
OF ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING (TIF) DISTRICT NO.13 AND A TAX
INCREMENT FINANCING (TIF) PLAN FOR THE DISTRICT, AND THE CONSIDERATION OF A
BUSINESS SUBSIDY AGREEMENT (FRASER STEEL SITE) TO BE HELD ON TUESDAY, SEPTEMBER 5,
2006 AT 7:00 P.M. OR SOON THEREAFTER
Mayor Peterson opened the public hearing at 7:59 p.m.
City Administrator Kruse reported that the necessary documents for the proposed Tax Increment
Financing (TIF) District No. 13 are not ready; therefore recommended that the Council table the
public hearing until the September 5, 2006 City Council meeting.
• Mayor Peterson continued the public hearing to the Tuesday, September 5, 2006 City Council
meeting.
11
DEPARTMENT BUSINESS
PUBLIC WORKS AND PARKS MAINTENANCE DEPARTMENT
Monthly Report
Public Works Supervisor Guimont briefly reviewed his report with the Council informing them that
playground equipment has been installed at Four Seasons Park, the gazebo at Villas Park is
complete, along with other miscellaneous items for the other parks located within Albertville.
Assistant City Engineer Nafstad commented on the marking of the School Zone, stating that a
resident called inquiring why Main Avenue NE is not marked as a School Zone.
Council directed staff to research the School Zone status and to report at the August 21, 2006
meeting the findings regarding the marking of 50th Street NE and Main Avenue NE for a School
Zone.
S.E.H. STATUS UPDATE ON WASTEWATER TREATMENT PLANT EXPANSION
City Administrator Kruse stated that S.E.H. provided an update on the progress of the Albertville
Wastewater treatment Plant Expansion. As noted in the memo, along with Payment Application
No. 14F includes a Change Order No. 2 in the amount of $2,499, which requires Council approval.
0
MOTION BY Council member Fay, seconded by Council member Berning to items 3, 4, and 5 of
Change Order No. 2. Motion carried unanimously. 0
Staff will obtain additional information pertaining to items 1 and 2 of the Changer Order for
approval at the August 21, 2006 City Council meeting.
FINANCE DEPARTMENT
Accounts Receivable Status Update
Finance Director Lannes reported that the total accounts receivable outstanding through August 3,
2006 is $90,014.76. The majority of the over 90-days outstanding is due from gold Key
Development, Yearwood Development and the STMA School District.
Councildirected staff to contact the STMA School District regarding the status of the outstanding
balance.
Project Status Update
Finance Director Lannes asked if the Council had any questions or concerns pertaining to the
August 4, 2006 Project Status Update.
Request for Council Action to Award Bid "C" for Prairie Run Wear Course
Finance Director Lannes reported that at the July 17, 2006 Council meeting the Council awarded
the 2006 Overlay Project with the exception of Bid "C". 0
Staff is looking for Council to award Bid "C" for the Prairie Run Addition wear course in the
40 amount of $78,298 as part of the 2006 Overlay Project.
MOTION BY Council member Vetsch, seconded by Council member Klecker to award Bid "C" as
part of the 2006 Overlay Project to Buffalo Bituminous in the amount of $78,298. Motion carried
unanimously.
PLANNING AND ZONING
GEM Development — Granite -Tops LLC - Zoning Text Amendment for Industrial Wall Signal
Approve Ordinance No. 2006-xx entitled an Ordinance Amending Section 10-7-8 of Chapter 7
Relating to Permitted Business Suns
City Planner Brixius informed the Council that Granite -Tops LLC has applied for a Zoning Text
Amendment to allow for a greater number of industrial signs on the building face. What is being
proposed is to allow four front wall signs displaying their business, a generic list of their products,
the location of their commercial showroom, and a sign displaying the product SileStone.
According to the 2005 Albertville Municipal City Code —Zoning Ordinance the current industrial
sign regulations does not permit the requested signs.
City Planner Brixius stated that in order to amend the industrial front wall sign ordinance is a policy
decision made by the Planning and Zoning Commission and the City Council. The Planning and
Zoning Commission discussed the amendment at the July 11, 2006 meeting and recommends
amending the 2005 Albertville Municipal City Code -Zoning Ordinance to allow a greater amount of
signage for industrial sites or to reject the request.
MOTION BY Council member Vetsch, seconded by Mayor Peterson to approve GEM
Development — Granite -Tops, LLC - Zoning Text Amendment for Industrial Wall Signage-Approve
Ordinance No. 2006-xx entitled an Ordinance Amending Section 10-7-8 of Chapter 7 Relating to
Permitted Business Signs with the recommendations from the Planning and Zoning Commission
and with staff s recommendations. Motion carried unanimously.
Albertville Medical Clinic -Building LLC - Approve Resolution No. 2006-xx entitled a Resolution
Approving a Site and Building Plan Review, Preliminary and Final Plat, and Conditional Use
Permit/Planned Unit Development CUP/PUD) Amendment for Albertville St. Michael Clinic
Located at County Road 19 and County Road 18 in the City of Albertville
City Planner Brixius informed the Council that HDR/Jordan Architects has applied for a
Conditional Use Permit/Planned Unit Development (CUP/PUD) Amendment, Preliminary and Final
Plat, Site and Building Plan Review for a new medical clinic within the Albertville city limits.
The originally approved plan submitted by the applicant was the construction of three (3) buildings
on the site and has since reduced the number of buildings done to two (2) on the site.
The revised plans show a number of revisions to the site plan, with the primary improvement being
• the access and circulation. The access to the property has been shifted west along 51 st Street NE to
improve driveway circulation. The applicant added sidewalks in several areas to improve
I
pedestrian circulation through the parking lots. Also provided by the applicant is a connection to
the trail along CSAH 19. •
MOTION BY Council member Klecker, seconded by Council member Fay to approve the
Albertville Medical Clinic -Building LLC, approving Resolution No. 2006-xx entitled a Resolution
Approving a Site and Building Plan Review, Preliminary and Final Plat, and Conditional Use
Permit/Planned Unit Development CUP/PUD) Amendment for Albertville St. Michael Clinic
Located at County Road 19 and County Road 18 in the City of Albertville with the
recommendations from the Planning and Zoning Commission and with staff s recommendations.
Motion carried unanimously.
ENGINEERING
Bolton & Menk. Inc. Status Update
Assistant City Engineer Nafstad reported that the 52nd Street NE Project has been awarded, the
contract has been signed and notice to proceed has been issued.
All improvements, with the exception of fencing and a minor punch list of items valuing at about
$1,000 have been completed.
As far as Towne Lakes 6th Addition, grading throughout the addition has resumed and construction
of Lancaster Way NE has begun.
The needed construction easements for 57th Street NE sidewalk have been requested from the •
residents adjacent to the project, quotes from contractors are being solicited, and possible pole
relocation is being discussed with Xcel Energy. Staff will come back with cost estimates at a future
meeting, along with the Council request to research Lambert Avenue NE and 57th Street NE.
LEGAL
Approve Resolution No. 2006-xx entitled a Resolution Declaring the Official Intent of the City of
Albertville to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City
City Attorney Couri stated that the Internal Revenue Service has issued Treasurer Regulations
Minnesota State Statute 1.150-2 providing that proceeds of tax-exempt bonds used to reimburse
prior expenditures will not be deemed spent unless certain requirements are met. Therefore this
resolution is intended to constitute a declaration of official intent for purposes of Treasurer
Regulations; Minnesota State Statute 1.150-2 and any successor law, regulation, or ruling.
MOTION BY Council member Berning, seconded by Council member Klecker to Approve
Resolution No. 2006-xx entitled a Resolution Declaring the Official Intent of the City of Albertville
to Reimburse Certain Expenditures from the Proceeds of Bonds to be issued by the City. Motion
carried unanimously.
ADMINISTRATION
Written Report
10
O City Administrator Kruse reported on the progress of City Hall and how things are moving along.
Again there were a few minor problems such as the curbing along the front of the existing (current)
City Hall, which needed to be addressed and has been resolved.
An I-94 Project Implementation Task Force meeting was held at the Country Inn & Suites. The
meeting started off a little challenging, but the group seemed to come to an agreement and the
understanding of the importance of working together.
Request for Council Action to Accept the Contract for Low Bid for the City Hall Phone System to
(Cable Services in the amount of $32,841.90)
City Administrator Kruse stated that the City has contracted with Elert and Associates to develop
specifications, bidding and facilitate selection of a phone system for the new City Hall. It is the
recommendation from Elert and Associate and staffs to accept the low quote of Cable Services of
Maple Grove in the amount of $32,841.90.
MOTION BY Council member Fay, seconded by Council member Klecker to approve Request for
Council Action to Accept the Contract for Low Bid for the City Hall Phone System to (Cable
Services in the amount of $32,841.90. Motion carried unanimously.
ADJOURNMENT
MOTION BY Council member Klecker, seconded by Council member Berning to adjourn at 8:35
18 p.m. Motion carried unanimously.
is
11
i
A�Ibcrtvillca
City of Albertville
Check Detail
Register
August 21, 2006
Check Amt Invoice
Comment
10100 Premier Bank
Paid Chk# 023177 8/21/2006 AFLAC
G 101-21710 Other Deducations
$16.16 075714
AFLAC Insurance Prem
Total AFLAC
$16.16
Paid Chk# 023178 8/21/2006 ALBERTVILLE BODY SHOP,
INC.
E 101-45100-404
Repair/Maint -
$100.00 2851
89 chev 4x4 replace pins/bushi
Total ALBERTVILLE BODY SHOP, INC.
$100.00
Paid Chk# 023179 8/21/2006 BARR ENGINEERING COMPANY
E 498-00000-304
Legal Fees
$1,017.00
Albertvilla flood
Total
BARR ENGINEERING COMPANY
$1,017.00
Paid Chk# 023180 8/21/2006 BOLTON & MENK, INC
E 101-42400-303
Engineering Fees
$2,175.00 95569
Lot Surveys/As-Built reviews
E 101-41700-303
Engineering Fees
$126.00 95847
CSAH 37 Access plan
E 492-49000-303
Engineering Fees
$4,986.00 96431
52nd St
E 101-41700-303
Engineering Fees
$168.00 96432
Lachman Ave
E 101-41710-303
Engineering Fees
$1,806.00 96433
LaBeaux station
E 101-41710-303
Engineering Fees
$3,493.00 96434
Hunters pass
E 101-41710-303
Engineering Fees
$665.00 96435
T-Square
E 101-41710-303
Engineering Fees
$126.00 96435
Albert Villa 7th
E 101-41710-303
Engineering Fees
$159.00 96435
Advance fitness
E 101-41710-303
Engineering Fees
$315.00 96435
Koville 2nd
E 101-41700-303
Engineering Fees
$378.00 96435
STMA school
E 468-49000-303
Engineering Fees
$546.00 96435
I-94
E 101-41710-303
Engineering Fees
$84.00 96435
Welcome furniture
E 101-41710-303
Engineering Fees
$576.00 96435
Towne Lakes 5th
E 101-41710-303
Engineering Fees
$756.00 96435
Eull Concrete
E 101-41700-303
Engineering Fees
$1,218.00 96435
Staff, council meetings, Trans
E 101-41710-303
Engineering Fees
$1,435.00 96435
Towne lakes 3rd
E 604-49660-300
Professional Srvs (GENERAL)
$522.00 96435
Drainage review
E 101-41710-303
Engineering Fees
$5,005.00 96435
Towne Lakes 5th
E 101-41710-303
Engineering Fees
$560.00 96435
Kollville 3rd
E 101-41710-303
Engineering Fees
$2,543.00 96436
Towne Lakes 6th
E 496-00000-303
Engineering Fees
$239.63 96437
Hockey rink
E 101-42400-303
Engineering Fees
$900.00 96438
Lot Surveys/As-Built reviews
E 101-41700-303
Engineering Fees
$700.00 96439
Space Aliens
E 482-49300-303
Engineering Fees
$1,414.00 96440
CH
E 101-41710-303
Engineering Fees
$2,438.00 96441
Phillip Morris Property
E 101-41700-303
Engineering Fees
$294.00 96442
CSAH 19 & 50th
E 473-49000-303
Engineering Fees
$2,619.00 96443
Prairie Run
E 101-41710-303
Engineering Fees
$84.00 96444
Shoppes of Towne Lakes II
E 101-41710-303
Engineering Fees
$623.00 96445
State bank of long lake
E 101-41700-303
Engineering Fees
$330.50 96446
CSH 19 67TH -70TH
E 604-49660-300
Professional Srvs (GENERAL)
$1,050.00 96447
Wetland mitigation Barthel
E 101-41710-303
Engineering Fees
$84.00 96448
Albertville clinic
E 101-43100-224
Street Overlayment
$2,141.00 96449
2006 overlay project
E 101-43100-223
Seal Coating
$210.00 96450
2006 sealcoat project
E 101-41710-303
Engineering Fees
$694.50 96451
Outlet mall ped cross
E 498-00000-303
Engineering Fees
$1,022.00 96452
Flood Mitigation
E 101-41700-303
Engineering Fees
$1,801.50 96453
STMA School
E 101-41710-303
Engineering Fees
$465.00 96454
Towne Lakes 7th
E 101-41710-303
Engineering Fees
$1,244.50 96455
Intex Development
Total BOLTON & MENK, INC
$45,996.63
13
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 023181 8/21/2006 BRKW APPRAISALS, INC.
E 468-49000-300 Professional Srvs (GENERAL) $400.00 5484.1
Total BRKW APPRAISALS, INC. $400.00
Paid Chk# 023182 8/21/2006 CARBONES PIZZERIA ALBERTVILLE
E 101-41400-399 Miscellaneous $12.51
E 101-41400-399 Miscellaneous $13.76
Total CARBONES PIZZERIA ALBERTVILLE $26.27
1-94 appraisal Knechtl
Consultant/staff meeting
Consultant/staff meeting
Paid Chk# 023183 8/21/2006 CARQUEST
E 101-45100-404
Repair/Maint -
$1.49
finance charge
E 601-49450-404
Repair/Maint-
$126.74 D10242
12 V next generation
E 101-45100-404
Repair/Maint-
$25.63 D10721
oil fiters, bulbs
E 101-45100-404
Repair/Maint-
$13.87 D11019
oil filter
E 101-45100-404
Repair/Maint -
$22.19 D7417
belt for truck
E 101-45100-404
Repair/Maint -
$10.55 D8611
belt for truck
Total CARQUEST
$200.47
Paid Chk# 023184 8/21/2006 CCP INDUSTRIES INC
E 101-45100-405
Repair/Maint - Buildings
$115.77 21412590
toilet tissue
Total CCP INDUSTRIES INC
$115.77
Paid Chk# 023185 8/21/2006 CENTER POINT ENERGY
E 601-49450-383
Gas Utilities
$34.54 54075742070 6440 Maciver
E 101-43100-383
Gas Utilities
$45.82 54214424070 6461 Maciver
E 101-45100-383
Gas Utilities
$7.06 80000144255 5801 Lander Ave
E 101-42000-383
Gas Utilities
$19.78 80000144255 11350 57th St
E 101-42400-383
Gas Utilities
$21.50 80000144255 5954 Main Ave
E 101-41940-383
Gas Utilities
$17.25 80000144255 5975 Main Ave
Total CENTER POINT ENERGY
$145.95
Paid Chk# 023186 8/21/2006 COMMUNITY PARTNERS
E 101-41000-300
Professional Srvs (GENERAL)
$1,486.75
Fraser/Negaard Tif
Total COMMUNITY PARTNERS
$1,486.75
Paid Chk# 023187 8/21/2006 COURT & MACARTHUR
E 101-41600-304
Legal Fees
$227.50
57th St Sidewalkd
E 101-41610-304
Legal Fees
$36.25
Clinic
E 101-41610-304
Legal Fees
$36.25
Shoppes at Prairie run
E 101-41610-304
Legal Fees
$36.25
Space Aliens
E 101-41610-304
Legal Fees
$72.50
Towne lakes 5
E 101-41610-304
Legal Fees
$130.00
Advance fitness
E 604-49660-300
Professional Srvs (GENERAL)
$97.50
Albert villas drainage
E 101-41610-304
Legal Fees
$181.25
Intex
E 101-41600-304
Legal Fees
$520.00
RR property purchase
E 101-41610-304
Legal Fees
$435.00
Philip Morris
E 473-49000-304
Legal Fees
$1,007.50
Prairie run litigation
E 101-41610-304
Legal Fees
$761.25
Shoppes at Towne lakes 2
E 101-41600-304
Legal Fees
$1,137.50
rail road, ordinances, staff m
E 101-41610-304
Legal Fees
$1,268.75
Eull Concrete
E 101-41600-304
Legal Fees
$162.50
Edina default
E 101-41610-304
Legal Fees
$1,051.25
Albertville Plaza 2
E 468-49000-304
Legal Fees
$130.00
1-94
Total COURT & MACARTHUR
$7,291.25
Paid Chk# 023188 8/21/2006 CROW RIVER NEWS NORTH
E 101-41100-351
Legal Notices Publishing
$183.21 630740LEG
52nd Street Imp
E 101-41100-351
Legal Notices Publishing
$168.56 630742LEG
Overlay impry
E 101-41100-351
Legal Notices Publishing
$34.48 635798LEG
Plaza PUD
E 101-41100-351
Legal Notices Publishing
$36.94 635800LEG
Morris PUD
E 101-41100-351
Legal Notices Publishing
$33.29 638151LEG
Ord 2006-09
E 101-41100-351
Legal Notices Publishing
$270.58 638154LEG
Ord 2006-10
E 101-41100-351
Legal Notices Publishing
$36.94 640387LEG
Prairie run PUD
E 101-41100-351
Legal Notices Publishing
$33.29 642662LEG
PH Plaza PUD
E 101-41100-351
Legal Notices Publishing
$103.72 642670LEG
PH TIF 13
E 101-41100-351
Legal Notices Publishing
$30.93 642673LEG
Plaza Vac easement
E 101-41100-351
Legal Notices Publishing
$85.89 642674LEG
PH TIF 12
E 101-41100-351
Legal Notices Publishing
$35.76 642684LEG
PH Shoppes Plan review
Total CROW RIVER NEWS NORTH
$1,053.59
14
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 023189 8/21/2006 D. ERVASTI SALES CO
E 101-45100-210
Operating Supplies
$68.16 8489
complete double playfield rake
Total D. ERVASTI SALES CO
$68.16
Paid Chk# 023190 8/21/2006 DALEIDEN, ARIANA
E 101-45000-596
Friendly City Days
$1,000.00
Princess 2005-2006
Total DALEIDEN, ARIANA
$1,000.00
Paid Chk# 023191 8/21/2006 DENNIS FEHN GRAVEL & EXCAVATIN
E 602-49400-407
R/M - Water Mains
$276.65 19579
screened sand
Total DENNIS FEHN GRAVEL & EXCAVATIN
$276.65
Paid Chk# 023192 8/21/2006 DXS TOTAL HOME CARE CENTER
E 601-49450-210
Operating Supplies
$18.59 13800
Bit tip scrwdrvr, scrw drvr sq
E 601-49450-210
Operating Supplies
$25.82 13866
roller, wheel 10X 1.75 hub, ca
E 601-49450-210
Operating Supplies
$8.50 13874
rstp spry safty red
E 602-49400-210
Operating Supplies
$25.29 13966
rstp vocoilenm sftyel qt, pain
E 602-49400-210
Operating Supplies
$57.39 14140
pipe galv tub 1.25" x 10'
E 601-49450-210
Operating Supplies
$105.17 14158
hose, flow hose, cleaner, mend
E 601-49450-210
Operating Supplies
$39.15 14177
roller, rstp vocoilenm, tray p
E 601-49450-210
Operating Supplies
$18.90 14288
grease mult-purp mar, tray pai
E 601-49450-210
Operating Supplies
$21.29 14360
Sprinkl head 1/2" brass
E 602-49400-210
Operating Supplies
$25.50 14381
rstp spry salty red
E 602-49400-210
Operating Supplies
$4.25 14492
rstp spry safty red
E 601-49450-210
Operating Supplies
$28.17 14571
grease marine cart, marking pa
Total DXS TOTAL HOME CARE CENTER
$378.02
Paid Chk# 023193 8/21/2006 EARL F. ANDERSON, INC.
E 101-43100-226
Sign Repair Materials
$294.26 0072894-IN
9" street sign plates, bracket
E 101-43100-226
Sign Repair Materials
$226.42 0073024-IN
9" street sign plates, bracket
Total EARL F. ANDERSON, INC.
$520.68
Paid Chk# 023194 8/21/2006 EAST SIDE OIL COMPANIES INC
E 101-43100-215
•
Shop Supplies
$26.25 R20886
filters
Total
EAST SIDE OIL COMPANIES INC
$26.25
Paid Chk# 023195 8/21/2006 EGGEN'S DIRECT SERVICE,
INC.
E 101-45100-212
Motor Fuels
$38.01 111061
fuel
E 101-45100-212
Motor Fuels
$75.00 111065
fuel
E 101-43100-212
Motor Fuels
$75.22 111069
fuel
E 101-45100-212
Motor Fuels
$12.25 111072
fuel
E 602-49400-212
Motor Fuels
$70.01 111074
fuel
E 601-49450-212
Motor Fuels
$52.50 111083
fuel
E 602-49400-212
Motor Fuels
$70.00 111091
fuel
E 101-45100-212
Motor Fuels
$85.44 111096
fuel
E 101-45100-212
Motor Fuels
$13.00 111097
fuel
E 101-45100-212
Motor Fuels
$84.02 111098
fuel
E 601-49450-212
Motor Fuels
$100.01 111100
fuel
E 101-42400-212
Motor Fuels
$7.00 111104
fuel
E 602-49400-212
Motor Fuels
$73.02 111105
fuel
Total
EGGEN'S DIRECT SERVICE, INC.
$755.48
Paid Chk# 023196 8/21/2006 ELECTION SYSTEMS & SOFTWARE
E 101-41410-300
Professional Srvs (GENERAL)
$227.52 602009
election paper, ink, secrecy s
Total ELECTION SYSTEMS & SOFTWARE
$227.52
Paid Chk# 023197 8/21/2006 ELERT & ASSOCIATES
E 482-49300-300
Professional Srvs (GENERAL)
$1,277.50 154736
CH phone system
Total ELERT & ASSOCIATES
$1,277.50
Paid Chk# 023198 8/21/2006 FEDERATED CO-OPS, INC.
E 101-45100-530
Improvements
$70.56 F21340
choice mix
E 101-43100-401
Repair/Maint - Unpaved
$41.54 F21419
2, 4-13 amine
E 101-45100-210
Operating Supplies
$11.80 F21430
barn lime
E 601-49450-210
Operating Supplies
$92.19 F21490
buccaneer plus
E 101-43100-401
Repair/Maint - Unpaved
$19.64 F21527
2, 4-D amine
E 101-43100-401
Repair/Maint - Unpaved
$92.19 F21537
buccaneer plus
Total FEDERATED CO-OPS, INC.
$327.92
15
Check Amt Invoice Comment
10100 Premier Bank •
Paid Chk# 023199 8/21/2006 FLANAGAN SALES, INC
E 101-45100-530 Improvements $3,124.07 12614 PVC coated 8' table, modern be
Total FLANAGAN SALES, INC $3,124.07
Paid Chk# 023200 8/21/2006 HALLMAN OIL COMPANY -FUEL DIV
E 101-45100-404 Repair/Maint- $553.19 195445 ChevronTexaco RPM HDMO 10 W 30
Total HALLMAN OIL COMPANY -FUEL DIV $553.19
Paid Chk# 023201 8/21/2006 HAWKINS, INC
E 601-49450-217 Chemicals - Ferric Chloride
$100.19 828032
soda ash grade 100
Total HAWKINS, INC
$100.19
Paid Chk# 023202 8/21/2006 HEALTH PARTNERS
E 101-42400-130 Employer Paid Ins
$1,493.25
Emp Health/Dental Ins
E 101-41400-131 Employer Paid Health
$995.61
Emp Health/Dental Ins
E 601-49450-130 Employer Paid Ins
$623.80
Emp Health/Dental Ins
G 101-21706 Group Insurance Payable
$2,036.39
Emp Health/Dental Ins Emp port
E 602-49400-130 Employer Paid Ins
$686.00
Emp Health/Dental Ins
E 101-43100-130 Employer Paid Ins
$1,261.86
Emp Health/Dental Ins
E 101-41300-131 Employer Paid Health
$406.06
Emp Health/Dental Ins
E 101-41500-131 Employer Paid Health
$533.55
Emp Health/Dental Ins
E 101-45100-130 Employer Paid Ins
$624.50
Emp Health/Dental Ins
Total HEALTH PARTNERS
$8,661.02
Paid Chk# 023203 8/21/2006 INSPECTRON INC.
E 101-42400-300 Professional Srvs (GENERAL)
$5,575.00
7/3-7/28 service
E 101-42400-300 Professional Srvs (GENERAL)
$4,000.00
6/5-6/30 service
Total INSPECTRON INC.
$9,575.00
Paid Chk# 023204 8/21/2006 JOINT POWERS BOARD
R 602-00000-37105 Water Sales - JPB
$45,896.51
JP Dist
R 602-00000-37105 Water Sales - JPB
$982.15
JP Dist Combo
R 602-00000-37130 Safe Water Test Fees
$846.85
Fed Wtr Test
R 602-00000-37105 Water Sales - JPB
$807.30
JP Dist II Low
•
R 602-00000-37105 Water Sales - JPB
$702.45
JP Dist Pen
R 206-00000-37171 WAC - JPB
$32,847.00
JP WAC
R 602-00000-37105 Water Sales - JPB
$14.00
JP Access
R 602-00000-37166 Safe Water Penalty
$18.52
Fed Wtr Test Pen
Total JOINT POWERS BOARD
$82,114.78
Paid Chk# 023205 8/21/2006 K. HOVNANIAN
R 602-00000-99999 UNALLOCATED UTILITY
$48.85
refund overpmt on final UB
Total K. HOVNANIAN
$48.85
Paid Chk# 023206 8/21/2006 KEYLAND HOMES
G 101-22800 Landscaping Escrow
$3,000.00
refund escrow 10322 Kali
Total KEYLAND HOMES
$3,000.00
Paid Chk# 023207 8/21/2006 M & P SIGN CO.
E 101-43100-404 Repair/Maint -
$77.21 6488
Cut vinyl decals
Total M & P SIGN CO.
$77.21
Paid Chk# 023208 8/21/2006 MTR SERVICES INC
E 604-49660-300 Professional Srvs (GENERAL)
$776.25 3909
clean out holding pond
E 604-49660-300 Professional Srvs (GENERAL)
$506.25 3913
dig out ditch by tracks & Bart
Total MTR SERVICES INC
$1,282.50
16
10100 Premier Bank
Paid Chk# 023209 8/21/2006
N. A. C.
E 101-41910-306
Planning
Fees
E 473-49000-306
Planning
Fees
E 101-41910-306
Planning
Fees
E 482-49300-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41915-306
Planning
Fees
E 101-41910-306
Planning
Fees
•
•
Check Amt Invoice Comment
$121.75 15658
$29.55 15658
$806.14 15658
$41.00 15658
$240.50 15659
$568.73 15659
$23.10 15659
$152.10 15659
$963.41 15659
$843.10 15659
$644.22 15659
$1,603.84 15659
$334.95 15659
$168.78 15659
$136.97 15659
$99.10 15659
$95.75 15659
$23.10 15659
$750.00 15660
Total N. A. C. $7,646.09
sex offender res. Restriction
Gold Kay lawsuit
swamp (lake, public hearings,
CH landscape
Burger King
Schultz & Schupp Winkelmann
Caribou coffee sign
Shoppes at towne lakes II fina
R J Marco Albertville Plaza 2
Perkins- Shoppes at towne lake
Phil Morris Development
Albertville Clinic
Outlet Mall trash enclosures
Intex Site plan
Granite tops sign
Space Aliens
State bank of long lake
Fraser Steel
Council, staff & plann comm mt
Paid Chk# 023210 8/21/2006 NORTHERN SAFETY CO., INC.
E 602-49400-582 C/O - Misc. Equipment $333.60 P1513817010 maxirack hvy dty boltless shel
Total NORTHERN SAFETY CO., INC. $333.60
Paid Chk# 023211 8/21/2006 NORTHERN WATERWORKS
E 602-49400-250 Meters for Resale $3,567.89 S01033233.0 Meters for Re -sale
Total NORTHERN WATERWORKS $3,567.89
Paid Chk# 023212 8/21/2006 NORTHLAND CHEMICAL CORP.
E 101-41940-399 Miscellaneous $70.61 102933 natures way detergent
Total NORTHLAND CHEMICAL CORP. $70.61
Paid Chk# 023213 8/21/2006 OMANN BROTHERS
R 201-00000-34705 Park Dedication Fees
$6,750.00 19687
parking lot overlay & striping
E 101-43100-400 Repair/Maint - Paved Rd
$44.44 7179
1/2" # 2341 A.C. Mix
E 101-43100-400 Repair/Maint - Paved Rd
$222.12 7203
LV4 Mix
Total OMANN BROTHERS
$7,016.56
Paid Chk# 023214 8/21/2006 OTSEGO, CITY OF
E 101-43100-401 Repair/Maint- Unpaved
$1,172.50
dustcoating 70th st
Total OTSEGO, CITY OF
$1,172.50
Paid Chk# 023215 8/21/2006 PAT'S 66
E 101-45100-212 Motor Fuels
$58.10 14016
fuel
Total PAT'S 66
$58.10
Paid Chk# 023216 8/21/2006 PROFESSIONAL MOSQUITO
CONTROL
E 101-41000-300 Professional Srvs (GENERAL)
$1,395.00 22897
August 4th services
Total PROFESSIONAL MOSQUITO CONTROL
$1,395.00
Paid Chk# 023217 8/21/2006 PROMOTION GRAPHICS
E 101-42400-300 Professional Srvs (GENERAL)
$125.00 20060831
magnetic signs for inspection
Total PROMOTION GRAPHICS
$125.00
Paid Chk# 023218 8/21/2006 RAAB, DEBBIE
G 101-22900 Park Rental Deposit Escrow
$100.00
refund park damage deposit
Total RAAB, DEBBIE
$100.00
Paid Chk# 023219 8/21/2006 RC GRADING & EXCAVATING INC
E 602-49400-407 R/M - Water Mains
$2,479.86 3797
water line repair
Total RC GRADING & EXCAVATING INC
$2,479.86
Paid Chk# 023220 8/21/2006 RED'S PORTABLE TOILETS
E 101-45100-415 Other Equipment Rentals
$743.90 10556
Rental -Portable Bathrooms
Total RED'S PORTABLE TOILETS
$743.90
17
Check Amt Invoice Comment
10100 Premier Bank •
Paid Chk# 023221 8/21/2006 ROSE, KAREN
E 101-45000-596 Friendly City Days $1,750.00 Miss Albertville 2005-2006
Total ROSE, KAREN $1,750.00
Paid Chk# 023222 8/21/2006 S.E.H.
E 101-41700-303
Engineering Fees
$680.99 148466
CSAH 19 upgrade
E 101-41700-303
Engineering Fees
$228.00 148467
staff mtg, project update, pro
E 473-49000-303
Engineering Fees
$41.00 148467
ariel photos Prairie Run
E 470-49000-303
Engineering Fees
$3,598.19 148470
CSAH 37 bike path
E 473-49000-303
Engineering Fees
$2,849.73 148471
Prairie run
E 491-49000-303
Engineering Fees
$7,831.80 148554
WWTF
E 468-49000-303
Engineering Fees
$2,231.01 148754
1-94
Total S.E.H.
$17,460.72
Paid Chk# 023223 8/21/2006 SENTRY SYSTEMS, INC.
E 101-42000-405
Repair/Maint - Buildings
$28.38 500307
FD Alarm
E 101-42000-405
Repair/Maint - Buildings
$4.21 500307
FD Alarm
E 101-43100-405
Repair/Maint - Buildings
$29.23 500307
PW Alarm
E 101-45100-405
Repair/Maint -Buildings
$30.96 500307
5801 Lander Alarm
Total SENTRY SYSTEMS, INC.
$92.78
Paid Chk# 023224 8/21/2006 SHERWIN-WILLIAMS CO
E 101-43100-400 Repair/Maint - Paved Rd
$252.41 8000-01299
Pro Mar Alkyd White
Total SHERWIN-WILLIAMS CO
$252.41
Paid Chk# 023225 8/21/2006 TINKLENBERG GROUP
E 468-49000-300 Professional Srvs (GENERAL)
$3,863.19 1213
1-94
Total TINKLENBERG GROUP
$3,863.19
Paid Chk# 023226 8/21/2006 WASTE MANAGEMENT
E 101-41940-384 Refuse/Garbage Disposal
$162.09 1405312-159
Refuse Waste Hauler
Total WASTE MANAGEMENT
$162.09
Paid Chk# 023227 8/21/2006 WRIGHT COUNTY IT
E 101-43100-335 Education
$125.00 06-074
computer class TG
Total WRIGHT COUNTY IT
$125.00
Paid Chk# 023228 8/21/2006 WRIGHT CTY SHERIFFS PATROL
E 101-42110-307 Police Contract Fees
$36,500.00 Partole-06-8
Aug 06 service
Total WRIGHT CTY SHERIFFS PATROL
$36,500.00
Paid Chk# 023229 8/21/2006 WRIGHT RECYCLING
E 101-43200-308
Recycling Contract Fee
$3,710.70
July service
Total WRIGHT RECYCLING
$3,710.70
Paid Chk# 023230 8/21/2006
XCEL ENERGY
E 101-43160-381
Electric
Utilities
$34.43
51416598070
5700 LaBeaux signal
E 101-41940-381
Electric
Utilities
$25.46
51457964030
11830 51st St
E 601-49450-381
Electric
Utilities
$275.19
51468978490
11200 60th swr
E 601-49450-381
Electric
Utilities
$32.72
51468978490
4940 Kaiser swr
E 101-45100-381
Electric
Utilities
$8.77
51468978490
11474 58th
E 601-49450-381
Electric
Utilities
$4,753.47
51468978490
6451 Maciver
E 101-45100-381
Electric
Utilities
$8.04
51468978490
5801 Main
E 101-42400-381
Electric
Utilities
$80.50
51468978490
5964 Main Ave
E 601-49450-381
Electric
Utilities
$90.06
51468978490
11942 52nd Lift station
E 101-41940-381
Electric
Utilities
$49.09
51468978490
6002 Main
E 101-41940-381
Electric
Utilities
$696.75
51468978490
5975 Main Ave
E 101-43100-381
Electric
Utilities
$458.59
51468978490
6461 Maciver
E 101-42000-381
Electric
Utilities
$373.95
51468978490
11350 57th
E 101-41940-381
Electric
Utilities
$182.07
51468978490
auto protective Igt, facil chg
E 101-45100-381
Electric
Utilities
$165.99
51468978490
11401 58th
E 101-43160-381
Electric
Utilities
$33.11
51468978490
61st St Signal
E 101-41940-381
Electric
Utilities
$28.20
51468978500
11750 County Road 37 Signal
E 101-41940-381
Electric
Utilities
$23.98
51511236300
5998 LaBeaux
E 601-49450-381
Electric
Utilities
$44.50
51545432690
5900 County Road 18 Swr
E 101-41940-381
Electric
Utilities
$3.37
51555641080
5799 Lander
E 101-45100-381
Electric
Utilities
$4.05
51644391160
10820 Kantar Ct
E 101-43160-381
Electric
Utilities
$4,828.18
51690103800
Street Lighting - 58-59-60 St.
Total XCEL ENERGY
$12,200.47
•
Fund Summary
101 GENERAL FUND
201 PARK DEDICATION
206 WAC FUND
468 CSAH 19 RAMPS/I 94 Project
470 CSAH 37 TRAIL.
473 PRAIRIE RUN
482 CITY HALL 2004-5
491 WWTF Phase 2
492 52nd st Industrial Park
496 Hockey Rink
498 Flood Mitigation Project
601 SEWER FUND
602 WATER FUND
604 STORM WATER
•
10100 Premier Bank $272,071.30
10100 Premier Bank
$130,800.61
$6,750.00
$32,847.00
$7,170.20
$3,598.19
$6,546.78
$2,732.50
$7,831.80
$4,986.00
$239.63
$2,039.00
$6,591.50
$56,986.09
$2,952.00
$272,071.30
19
•
Con
ineem
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2638 � Lane, fte 200 - Chaska, MN 18
Phore (%2) i 8 - FAX (952) 4484M5
AuMusti
City A,t1
City of Abstvitte
5975 Main Avenue W P, O. 9
Albewtvik MN 5 301
Towne Additi - of Cm& Reduction
Bid ftiect No. `D 5.2 1677
N lal<4
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F
E _ � �r� '. � � a - •. a t 3.; s � v - ;.. ,a = -� �e :-..: _ # _: ,_..
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Once all oulstamlIng pmehlist item have bftn properly g
submitted fut Council appranl-
HOLTON K,-
-°T�
Adam Nafst4 RE
ARvdvilto Asmimant City FAginccr
t'Cs Ting IAMCS a Albenvitic finanm Dkcctor
David Herapd
AN-KAT , JI+N . FAI MONT, WN * SLEEPY EYL MN • BURNSVILLE, M . WILLMAR, MN . CflASKA, M - AMES, IA
21
ME=
Mr. Adam NaftWd I P, E
City of Albertville
$975 Main Ave, NE
P.OBox 9
Alb&MMe, MN 55301
m
No: Request for Final Acceptame — Tome La�kes 50'� Public Street an,-;'
Improvements I
AMNIMAM. CIM
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22
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24
• CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2006-xx
A RESOLUTION ESTABLISHING THE
ANNUAL RETIREMENT BENEFIT FOR THE
ALBERTVILLE VOLUNTEER FIRE DEPARTMENT
EFFECTIVE JANUARY 1, 2007
WHEREAS, the City Council of the City of Albertville is desirous of increasing the annual
retirement benefit for the Albertville Fire Department effective January 1, 2007; and
WHEREAS, the City Council is committed to contribute $1,600 as the 2007 municipal contribution
to the Albertville Fire Relief Association.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby
establishes the retirement benefit of the Albertville Fire Relief Association at $1,600 per year of
iservice for all members based on their years of service as active Fire Department members.
Adopted by the City Council of the City of Albertville this 21 St day of August 2006.
Don Peterson, Mayor
Bridget Miller, City clerk
•
25
A�Ibertvillc
• Small Town Living. Big City We.
TO: City Council
FROM: Tina L. Lannes
DATE: August 10, 2006
RE: 2007 Preliminary City Budget
Attached for your review is the tax levy and budget summary for 2007 that city staff are
recommending for preliminary certification to Wright County no later than September 151h. Please
keep in mind that this is the preliminary levy. The final levy is not certified until mid December so
there is a still opportunity to review and discuss the 2007 budget and tax levy as needed. The
important thing to note is that the final levy can be less than the preliminary levy but it cannot be
more. So we don't want to get "locked" into a levy that is inadequate to fund our programs and
projects for next year.
After the council work session on the budget on August 9, 2006 staff checked and found the 2007
request for FYCC was not submitted yet and was not in the budget. Council discussion reminded
staff of the item so it is added into the budget based on what the city donates each year. That
increase was the only item added to the budget that was not discussed at the work session.
. The budget that staff is proposing for 2007 totals 3.29 million. The budget includes a General Fund
tax levy of $2,009,558 for taxes payable 2007. This is an increase of $273,659 over last year. Plus,
the debt service levy has increased from $359,650 to $360,959. Therefore, the total levy, both
general fund and debt service has increased from $2,095,580 in 2006 to $2,370,517.
The estimated impact on the City of Albertville portion of property taxes (based on the taxable
value remaining the same as 2006 and growth) would be a slight decrease as illustrated below.
Payable 2006
Annual Levy est. Payable 2007 est. Increase
Levy
$2,095,580
$2,370,517
$274,967
Impact on $200,000 home
$605
$622
$17 2.84%
Impact on $300,000 home
$907
$933
$26 2.84%
Impact on $400,000 home $1,210 $1,244 $34 2.84%
Doesn't include Homestead Credit due to that is based on individual values
Doesn't include increase in market value
CITY COUNCIL ACTION REQUESTED
I* Approve Resolution Adopting the 2007 Preliminary Tax Levy and 2007 Preliminary Budget.
27
CITY OF ALBERTVILLE
COUNTY OF WRIGHT •
STATE OF MINNESOTA
RESOLUTION NO.2006-xx
A RESOLUTION ADOPTING THE 2007 PRELIMINARY BUDGET
WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and
WHEREAS, the Albertville City Council has adopted a preliminary tax levy to be placed upon the
taxable property in the City of Albertville; and
WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies
designated as capital outlays within various budget classifications, such that those monies can be
disbursed only for those capital outlays so specified within the budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALBERTVILLE, MINNESOTA:
1. The attached budget is hereby adopted as the final budget for the City of Albertville for the
period January 1, 2007, through December 31, 2007.
2. All monies designated within the budget, as capital outlays shall be reserved within the Capital is
Reserves Fund, such that those monies can be disbursed only for those capital outlays so
specified within the budget.
3. The Albertville City Council has hereby complied with Minnesota Statutes.
4. The Finance Director is hereby authorized to transmit certification of compliance with
Minnesota Statutes to the Commissioner of Revenue as required.
Adopted by the Albertville City Council this 21" day of August 2006.
Don Peterson, Mayor
Bridget Miller, City Clerk
W.
•
A,lbertville
Small Town Uving. Big City Ufa.
2007 BUDGET SUMMARY COMPARISON (preliminary)
GENERAL FUND
General Fund Revenue:
2006 Budget
2007 Proposed
Budget
Difference
% Inc/Dec
31010
Current Ad Valorem Taxes
1,735,899
2,009,558
$273,659
15.8%
32100
Business Licenses & Permits
27,000
28,000
$1,000
3.7%
32110
Liquor Licenses
20,000
22,000
$2,000
10.0%
32120
3.2 Liquor Licenses
440
200
-$240
-54.5%
32150
Sign Permits
4,000
3,094
-$906
-22.7%
32210
Building Permits
500,000
420,000
-$80,000
-16.0%
32240
Animal Licenses
500
700
$200
40.0%
33405
Police Aid
14,000
17,000
$3,000
21.4%
33406
Fire Aid
50,000
55,000
$5,000
10.0%
33422
Other State Aid Grants
150
500
$350
33620
County Grants & Aids
10,000
10,000
$0
0.0%
34000
Charges for Services
8,000
8,000
$0
0.0%
34101
Lease Payments - City Property
5,000
27,700
$22,700
454.0%
34001
Administration fees
245,428
276,351
$30,923
12.6%
34050
Developer Fees 3%
150,000
125,000
-$25,000
-16.7%
34103
Zoning & Subdivision Fees
15,000
15,000
$0
Plan Check Fee
74,000
$100,000
100.0%
34105
Sale of Maps
300
300
$0
34106
PID/Le al Description Requests
1,500
1,500
$0
0.0%
34107
Title Searches
1,500
1,500
$0
0.0%
34302
Fire Protection Contract Charges
60,500
84,944
$24,444
40.4%
34780
Park Rental Fees
2,000
2,000
$0
0.0%
34950
Other Revenues
10,000
10,000
$0
35000
Fines & Forfeits
100
200
$100
100.0%
36210
1 Interest Earnings
75,000
75,000
$0
0.0%
Reserves
1 21,545
25,000
$3,455
Total Revenues
2,957,862
3,292,547
360,685
11.3%
29
General Fund Department Expenditures:
2006 Budget
2007 Proposed
Budget
Difference
% Inc/Dee
41100
Council
38,625
39,494
$869
2.3%
41300
Administrator
119,176
124,327
$5,151
4.3%
41,400
City Clerk
128,327
137,177
$8,851
6.9%
41440
Elections
5,000
6,000
$1,000
20.0%
41500
Finance
90,250
92,542
$2,293
2.5%
41550
City Assessor
35,000
35,000
$0
0.0%
41600
City Attorney
31,500
32,760
$1,260
4.0%
41700
City Engine r
41,200
42,500
$1,300
3.2%
41800
Economic Development
10,500
9,700
-$800
-7.6%
41910
Planning & oning
34,084
34,084
$0
0.0%
41940
City Hall
198,304
259,591
$61,287
30.9%
42000
Fire Department
348,127
404,192
$56,065
16.1 %
42110
Police
440,000
453,200
$13,200
3.0%
42400
Building Inspection
444,940
485,390
$40,450
9.1%
42700
Animal Control
3,500
3,500
$0
0.0%
43100
Public Works - Streets
395,271
464,101
$68,830
17.4%
43160
Street Lighting
48,000
55,000
$7,000
14.6%
43200
Recycling
40,000
45,000
$5,000
12.5%
45000
Culture & Recreation
24,250
35,250
$11,000
45.4%
45100
Parks & Recreation
181,809
196,239
$14,431
7.9%
I-94
100,000
100,000
$0
0.0%
49300
Capital Reserves
200,000
237,500
$37,500
18.8%
Total Expenditures
2,957,8621
3,292,5471
334,6861
11.3%
Levy
2006
2007
General Fund & EDA
1,735,899
2,009,558
Total Tax Levy
1,735,899
2,009,558
273,659
Bonds 96
11,200
11,200
Bonds 99
42,170
41,003
Bonds 03 PF Lease Rev
59,501
64,181
GO Improvement Bond 03
81,497
79,262
City Hall05
PW Facility 04
165,313
165,313
Total Debt Service Levy
359,681
360,959
$1,278.50
Total Levy
2,095,580
2,370,517
$274,937.5
1
•
30
CITY OF ALBERTVILLE
. COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2007-xx
A RESOLUTION ADOPTING THE
2006 TAX LEVY COLLECTIBLE IN 2007
BE IT ROSOLVED BY THE council of the City of Albertville, County of Wright, Minnesota, that
the following sums of money be levied for the current year, collectible in 2007, upon taxable
property in the City of Albertville for the following purposes:
Total levy $2,370,517.00
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county
auditor of Wright County, Minnesota.
• Adopted by the City Council of the City of Albertville this 21 st day 1� of August 2006.
Mayor Don Peterson
City Clerk Bridget Miller
•
31
Building Department
A�Ibcrtville 5975 Main Avenue NE • P.O. Box 9 • Albertville, MN 55301
Small Town living. Big City life. Phone: 763-497-5106 • Fax: 763-497-3210
MEMORANDUM
TO: Honorable Mayor, City Council, and City Staff
FROM: Jon Sutherland, Building Official
DATE: August 10, 2006
RE: JULY 2006 PERMIT ACTIVITY REPORT
The sweltering heat of July has slowed things up a bit. It was so hot we would try to get the
inspection/outside work done as early as possible in the day. Although there is still plenty of
roofing work yet to be replaced due to hail damage, it was too hot for workers to be on the roof for
the full day. Despite the heat, we processed 41 storm damage permits for a value of $429,756.00.
Residential Construction Activity: July brought 12 new single-family dwellings, 8 decks, and 2
swimming pools.
Commercial Construction Activity: Various projects include, commercial tenant finish permits
for Rancho Grande, our new Mexican Restaurant located at 5600 LaCentre Avenue NE and
Universal Wireless Cell Phone Store located at 11008 6 1 " Street NE. We continued to divide larger
tenant spaces at the Albertville Premium Outlet mall with a permit for 6415 Labeaux Avenue NE
that created 2 from 1; Sketchers Shoe Store was relocated in the mall to a larger space. We issued a
few commercial plumbing and mechanical permits. Commercial work is various and steady.
Miscellaneous: Miscellaneous permits issued for signs, plumbing, mechanical, and fences, totaled
46 for the month.
Total permits: We have a total of 804 for the year-to-date (YTD) with a construction value YTD
of $23,651,971.
Inspection Activity: This and existing work in progress generated approximately 300 related
inspections including Rental Licensing, complaints and zoning enforcement.
Sign Code: Sign code enforcement ends up being approximately 4 hours a week. The signs are
collected and put in the former Public Works Building located across the street from City Hall. We
have quite a collection. We do try to contact the owners to come in and pick them up, but
apparently it's not worth the gasoline. We will need to establish a procedure for disposal soon.
Attachment: Permit Activity Report
33
�VALUATKM 1 0 UMFM I VAUAMN
• Albertville
Smolt Town Wing.. Big City We.
TO: City Council
FROM: John Middendorf
DATE: August 14, 2006
RE: Wastewater Treatment Plant
Request for Council Action (RCA)
BACKGROUND
It is our goal to continue to haul sludge on a yearly basis. This year's goal is approximately
300,000 gallons. I have two quotes to haul sludge.
Fergus Power Pump - $0.046 per gallon plus a surcharge if the price of fuel above $3.00 per gallon.
Ag Enterprises - $0.0518 per gallon
RECOMMENDATION
Move to accept the quote from Ag Enterprises at a cost not to exceed $16,000. Staff does not know
what the price of fuel will be fall 2006.
JM:bmm
•
35
0 -21,
SEH MEMORANDUM
•
TO: Mayor and City Council
FROM: John Stodola
DATE: August 10, 2006
RE: Albertville WWTP Change Order No. 2
SEH No. AALBEV0512.00
Change Order No. 2 for the wastewater treatment plant expansion consisted of five (5) items. It is
my understanding that there are some questions regarding the first two items which are additional
cost items. I recently discussed these in detail with Mr. Dye who is no longer with SEH but was the
project engineer at the time to get a better explanation and present that as follows.
1. Add for geotextile wrap for the 6" reed bed drain pipe ........ $1,530.
The 6" drain pipe has holes in the bottom which allows the liquid from the sludge, that is
applied to the reed beds and drains through the rock and sand, to be carried back to the
treatment processes. Although past projects do not have the geotextile wrap around the pipe,
it was discussed on site that an improvement would be to wrap the pipe in a geotextile fabric
and thereby prevent any of the bed material (sand and rock) from migrating into the pipe.
Although the pipe had not been installed yet, it was believed that this improvement was well
worth the investment. The geotextile fabric was not part of the initial project but was an
improvement to the design. This did not constitute any contractor rework but needed a
decision so as to not delay the contractor.
2. Add for modifying piping the sludge pumping station ......... $851.
It is my understanding that valves from the existing return activated sludge pumps were
being reused and were 6", not 4", as shown on the plans for this expansion. This resulted in
the contractor having to exchange some 4" pipe fittings/elbows that he purchased for 6" pipe
fittings/elbows. The larger size cost considerably more money. The City would have paid for
the larger fittings/elbows in the bid price had the valves been shown on the plans as 6".
However, after discussing this with Mr. Dye I believe there are some costs that SEH should
pay. There was a restocking charge for the 4" fittings/elbows of $43 and a labor charge of
$100 which I believe is for picking up the larger fittings. These amount to $143 plus the
contractors markup of 15% for a total of $165 which I believe SEH should pay because that
cost would not have been part of the original bid had the 6" been shown.
37
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2006-xx
RESOLUTION APPROVING A PRELIMINARY PLAT AND FINAL PLAT
FOR SCHULTZ & SCHUPP LLC AT 5836 LARGE AVENUE NE
WHEREAS, Schultz & Schupp LLC has submitted an application for a preliminary plat and final
plat at 5836 Large Avenue NE; and
WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated
June 8, 2006; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on
June 13, 2006 to consider the Schultz & Schupp LLC application; and
WHEREAS, upon review of the staff reports and hearing public testimony, the Planning and
Zoning Commission closed the public hearing and recommended that the City Council approve the
site and building plan review and conditional use permit application with the conditions outlined in
the June 8, 2006 Planning Report, June 7, 2006 Memo from the Assistant City Engineer, with
additional conditions recommended by the Planning Commission; and
WHEREAS, the applicant has submitted revised plans dated June 26, 2006; and
WHEREAS, the Albertville City Council has received the Schultz & Schupp application, staff
review documents, and the Planning and Zoning Commission recommendation, and agrees with the
findings and recommendation of the Planning and Zoning Commission.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby
approves the preliminary plat and final plat for Schultz & Schupp LLC subject to the attached
Findings of Facts and Decisions.
Findings of Fact: Based on review of the evidence received, the City Council now makes the
following finding of fact and decision:
A. The site legal description is attached as Exhibit A.
B. The planning report dated June 8, 2006 from Northwest Associated Consultants and
the Engineer's Reports dated June 7, 2006 are incorporated herein.
C. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
W
D. Traffic generated by the proposed use is within capabilities of streets serving the
property as proposed. 0
E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation
to the proposed use.
F. The proposed actions have been considered in relation to the specific policies and
provisions of and have been found to be consistent with the Comprehensive Plan.
G. The proposed use will be compatible with present and future land uses of the area.
H. The proposed use conforms to applicable Zoning Ordinance performance standards.
I. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
Decision: Based on the foregoing information and applicable ordinances, the City Council
APPROVES the preliminary plat and final plat based on the most current plans dated June 26, 2006
and information received to date subject to the following conditions:
Preliminary Plat
1) Final Plat for the lot combination must be submitted and approved by the City prior to the
issuance of the building permit. 0
2) A sidewalk is required in the right-of-way along Barthel Drive connecting with 59th Street
and extending to the eastern property line of this site to be provided when sidewalk is
installed along the south side of 59th Street between Main & Large Avenue. The developer
shall enter into an Assessment Agreement with the City to ensure the future installation of
the sidewalks.
3) Public street right-of-way shall be dedicated over the north western corner of the site to
accommodate the extension of Large Avenue. The right-of-way and entrance within will
allow access to adjacent parcels without the need for cross -easements.
4) The northwest access shall be constructed per the City Engineer's concept of July 17, 2006
provided that an access easement is obtain from the property to the west with all cost being
covered by the developer and no cost to be covered by the City. Absence of the easement
acquisition, temporary direct access to Barthel Industrial Drive shall be allowed to align
with the drive aisle west of the building. Said temporary access shall be removed at the cost
of the developer when Large Avenue is constructed along the west property line with the
development of the property to the west of the subject site.
5) A drainage and utility easement over the pond shall be provided and recorded. The
Developer shall be responsible for upkeep and maintenance of the pond.
6) The Developer shall enter into a Developer's Agreement with the City of Albertville.
.N
• 7) In the event access is not obtained a temporary curb cut shall be placed directly north of the
service drive. This access will be eliminated when Large Avenue is improved to the west or
redevelopment occurs on the property to the west.
8) A cross easement and maintenance agreement for access to the property to the east.
Final Plat
47) The street right-of-way dedication in the northwest corner of the site shall be shown separate
from the platted lot.
48) A ten foot (10') drainage and utility easements shall be placed along all property lines and a
drainage and utility easement over the pond.
49) The cross access easement on the east side of the site shall be a on a separate easement
document and must be recorded with the county simultaneously with the final plat.
Adopted by the Albertville City Council this 21" day of August, 2006.
Don Peterson, Mayor
•
Bridget Miller, City Clerk
M
CITY OF ALBERTVILLE
• COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2006-xx
RESOLUTION APPROVING CONTRACT FOR PRIVATE
REDEVELOPMENT WITH SCHULTZ & SCHUPP, LLC
WHEREAS, the City has properly established its Development Project No. 1 (the "Project Area")
pursuant to Minnesota Statutes, Sections 469.124 to 469.134 in an effort to encourage the development
and redevelopment of land which is underutilized within the City; and
WHEREAS, among the activities proposed to be assisted by the City in the Project Area is the
development of a professional office building with a medical tenant component (the "Project"); and
WHEREAS, there has been presented before the City a Contract for Private Redevelopment
("Contract") between the City and Schultz & Schupp LLC, setting forth the parties' respective
responsibilities in developing the Project; and
WHEREAS, the City has reviewed the Contract and finds that the execution of the same and the City's
performance of its obligations there under are in the best interest of the City and its residents.
• NOW, THEREFORE, be it resolved by the City Council of the City of Albertville as follows:
1) The Contract, as presented to the City, is hereby in all respects approved, subject to
modifications that do not alter the substance of the transaction and that are approved by the
Mayor and City Administrator; provided that execution of the Contract by such officials shall
be conclusive evidence of their approval.
2) The Mayor and City Administrator are hereby authorized to execute the Contract on behalf of
the City and to carry out, on behalf of the City, the City's obligations there under.
Approved by the City Council of the City of Albertville this 2 1 " day of August, 2006.
Don Peterson, Mayor
• Bridget Miller, City Clerk
43
•
•
BLOCK
LOT 1 93,87744 * 9F
RSONS BY THESE PRESENTS: That Schultz & Schupp, LLC, a limited liability corporation, owner and pmpnetorand Bremer
(A—utt o.,n _gee fthe following described property situated in the County of Wright, State of Minnesota, t—it:
1brthwest Qua r ofthe Northeast QuarteroFSection 1, Township 120, Range 24, Wright County, Minnesota described as
ring m the Southeast comer of Lot 4, Block 2, TOWNSITE OF ALBERTVILLE, Wright County, Minnesota, according 10 the
of, thence on an assumed benring of South 89 dugmes 40 mhmtes 26 seconds Wcst, along the South It,, of said Black 2, a distaocc
ccer. South 01 degrees 40 minutes 07 seconds West, a distance of 35.35 feet; thence return North Ol degrees 40 annutes 26
rig said South line and its Easterly extension, a dismnce of208.91 feet, to the point of beginning; thence South 01 degmas 12
sds West, a distance, F34.16 feet; thence South 22 degrees 09 minutes 16 seconds West a distance of 170. W feet, to the Northerly
he Burlington Northern Railroad; thcncc South 60 dcgrccs 59 minutes 18 seconds East, along said Northerly nghlofway line, a
i9 feet; thence North 22 degrees 08 minutes 32 seconds West, a dismnce cf 232.47 feet; thence North 60 degrees 54 minutes 28
distance of 307.23 feet, ne the Easterly right of way line of the Street adjacent to said Block 2, (a.k.a. Large Avenue); then,, South
mules 23 seconds West, along said Easterly right of way line, a distance of 35.41 feet, to said South line and its easterly extension
:e South 89 dcgrccs 40 minutes 26 seconds Wcst, along said South line and its castcrly extension uf'eleek 2, a dismnce ofO.62
ofbcginning.
Y,rthwest Quarterofthe Northwest QwuN—fSection 1, Township 120, Range 24, Wright County, Minnesota, described as
ci at the Soulheastcome-I'Lot4, Block 2, TOWNSITEOF ALBERTVILLE, Wright C'.uunty, Mimtesots,accoubugtothe
"! cf, thcncc on an assumed bcunog of 8oulh 89 dcgrccs 40 minseconds
minutes 26 West, along the South line of said Block 2, a dismnce
ce South 01 degrees 40 minutes 07 secmtds West, a distaocc of35.35 feet, thence remm Noah 01 degrees 40 minutes 07
!ismnce of 35.35 feet, to the South It,, of said Block 2; thence North 89 degrees 40 minutes 26 seconds East, along said South line
—seer. a dismnce of 208.91 feet; thence South 01 degrees 12 minutes 37 seconds West, a distance o 1734.16 feet; thence South
vonc, 16 second., West a distatux of 170.64 feet, ton the Northerly right of way of the Burlington Northern Railroad, thence South
hwtes 18 secoads East along said Northerly right of way line, a dismnce of 282.69 feet, to the point ofbegionnot; urea.. North 22
_ tes 32 seconds East, a dismnce of 212,11 feet; thence North 60 degrees 54 minutes 28 seconds Wear, a dismnce of 5.54 feet; thenoe
s "i mnote, 32 se onds East, a distance o1'26.68 feet-, thenoe North 80 degrees IS m notes 34 seconds East a dismnce ot'S93.94
S6 1101 deg—, 06 minutes 32 seconds W cst, a dismnce of 330.50 feet, the said Northerly right of way Iinc of Burlington Northcm
ro
LOT 4, .North 60 dcgrccs 59 miurcs n1 B seconds West, along said Northerly tight of way Iinc, a dismnce of 155.49 fret to the point of
_ _ _ _ _ _ _ 1 �t�1I��Nry"�1 rB OF AL9e.
SOUTH same to be surveyed and platted as SCHULTZ &SCHUPP DEVELOPMENT, and do hereby donate and dedicate m the public for
LOT 4. Ma,' the easements as shown on this plat for roadway, access, and drainage and utility purposes only.
1VNS/TE OF ALBERry
cherrnCsaid Scbulm & Schupp. LLC, a limited liability corporation, has caused these pre>ents to be signed by its proper ,Ricer
--------------CORNER layof ,20
` ` \ 'HUPP. LLC
\ its
NESOTA
, —cat ,, acknowledged before me this day of , 20_ by
�\ f Schuler&Set pp, LLC, on behalfofthe mrparau.r.
`\ County, Minnesota
\ Expire
vhttcof said Bremer➢auk, a National A..iation, has caused these presents to be signed by its proper officer this day of
, 20
DUFFY
ENGINEERING &
ASSOCIATES, INC
350 HIGHWAY 10 SOUTH
ST. CLOUD. UK 695"
PHDNR (800) 089-1294
PAX (320) 203-1284
�%�'CNESOTA
,nutrient was acknowledged before me this day of , 20_ by
—of B-,,, Bank, a National Associatino on behalfofthe company.
County, Mino—ca
I'_xpire
tat l have surveyed and platted the property dcscnbed on this plat as SCHULTZ & SCHUPP DEVELOPMENT; that this plat is a
n of the survcy; that all dismacc, arc, mealy shown on the pmt in fret and hundredths ofa foot; that elt monuments have
utcd in the mound as shown; that the outside boundary lines arc correctly designated on the plat and that Iherc arc no wet lands as
sore Statutes, Section 505.02, Sudb. 1 or public highways to be designated other than as shown.
o, Licensed Land Suncyor
se No 23044
NESO'IA
—y.es Certificate was acknowledged befue me this _day of 20_ by Barry R. D.—don, Licensed
dinnesota License No. 23044.
County, Minaeso
Expire
MM(SSION
ULTZ & SCHUPP DEVELOPMENT has been approved by the Planning Commission of the City ofAlbc-iilc, at a mct(mg held
of 20
E=
ULTZ & SCHUPP DEVELOPMENT has been approved by the City Council of the City of Albertville, at a regular meting
_day of .20
Administrator
EYOR
rot this plat has been checked and app—cd as to compliance with Chapter 505, Minnesota Saugus this day of
20
SURER
,ee and tmnsfcr entered this _day of , 20
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Redevelopment Plan for TIF District No. 12- Eull Concrete
City of Albertville
TIF Plan Date: February 17, 2006 — Revised Version
TIF Plan Adoption Date:
SECTION 1
THE DEVELOPMENT PROGRAM
A. Modifications to the Development Program
Development District No. 1 was first approved in April, 1981 and has been modified
subsequently. Current modifications to the Development Program include budget
revisions to coincide with the Finance Plan relating to Tax Increment Financing District
No. 12.
Proposed development within Municipal Development District No. 1 will be consistent
with the goals, objectives and plans expressed by the Development Program. The current
project relates to the redevelopment of property within the downtown area to facilitate
construction of a commercial facility that will include a tenant or tenants that offer
medical services and to address the need for additional off-street parking space.
Certain costs associated with the proposed project are to be paid in part with tax
increment funds. The City of Albertville has now determined that, in order to address the
changing development needs throughout the community, it is in the public interest to
provide for additional expenditures and development within Development District No. 1.
This modified Development Program is intended to restate and expand on the original
program and all prior amendments hereto, which are incorporated herein by reference.
Nothing in this modification is intended to supersede or alter the activities described in
the original Development Program. The current project is consistent with the established
"Statement of Objectives" documented by Subsection 1.4 of the Development Program.
The public improvement costs and development plans for Development District No. 1
have been described in detail by each Tax Increment Financing Plan authorized by the
City of Albertville, which are incorporated herein by reference. The City of Albertville
now anticipates additional public costs to be financed in part with tax increments
expected to be generated by new development within Redevelopment Tax Increment
Financing (TIF) District No. 12. Estimated costs and related data for such efforts are
set forth in the TIF Plan for TIF District No. 12. The TIF Plan for TIF District No. 12
accompanies these modifications to the Development Program.
The City of Albertville may acquire any parcels located within the Tax Increment
Financing District or in Development District No. 1 as may be necessary to carry out the
goals and objectives of the Development Program, including land for off-street parking.
B. Development District No. 1
The current boundaries of Development District No. 1 are represented by map and
identified as Exhibit No. 1. Modifications to the Development Program do not expand
the current geographic designation of Development District No. 1. TIF District No. 12 is
located within the current boundaries of Development District No. 1.
•
Within Development District No. 1, the City of Albertville has previously established TIF
District Nos. 1 through 11, inclusive. is
0 SECTION II
TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 12
A. Foreword
The City, staff and consultants have prepared the following information to expedite and
create Redevelopment Tax Increment Financing District No. 12 (the "Tax Increment
District"). The Tax Increment District lies within Development District No. 1 which was
duly created in April, 1981 with subsequent modifications.
The objectives of the City for the improvement of the Project Area are set forth in the
modified Development Program for Development District No. 1. The Development
Program for the project is also identified within the modified Development District No. I
Plan.
Proposed development within the Tax Increment District and Development District No. 1
will be consistent with the goals, objectives and plans expressed by the modified
Development Project and Development Program for Development District No.1.
The current project within the Tax Increment District proposes redevelopment of certain
property within the downtown area to facilitate construction of a commercial facility that
will include a tenant or tenants that offer medical services and to address the need for
additional off-street parking space.
B. Use of Tax Increment
Pursuant to Section 469.176, Subd. 4, of the Tax Increment Act, all revenues derived
from the Tax Increment District shall be used in accordance with the tax increment
financing plan. The revenues shall be used for the following purposes:
1. to pay the principal of and interest on bonds used to finance a project;
2. to finance or otherwise pay the capital and administration costs of the
Development District pursuant to the Development District Act;
3. to pay for project costs as identified in the budget; and
4. to finance or otherwise pay for other purposes as provided in Section
469.176, Subd. 4, of the TIF Act.
These revenues shall not be used to circumvent any levy limits.
C. Excess Tax Increments
Pursuant to Section 469.176, Subd. 2, of the Tax Increment Financing (TIF) Act, the City
shall use the excess increments only to do one or more of the following:
0 1. prepay any outstanding bonds;
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2. discharge the pledge of tax increment therefor; 0
3. pay into an escrow amount dedicated to the payment of such bonds; or
4. return the excess amount to the County Auditor for redistribution.
The City of Albertville expects to spend all tax increment received and in
accordance with the TIF Plan and consequently no excess tax increments are
anticipated.
D. Limitation of Increment
Pursuant to the Tax Increment Financing (TIF) Act:
1. The proposed TIF District is a "redevelopment district" as defined by Section
469.174, Subd. 10.
The City has determined that parcels constituting seventy percent (70%) of the area
of the TIF District are occupied by buildings, streets, utilities, paved or gravel
parking lots or other similar structures and more than fifty percent (50%) of the
buildings in the TIF District, not including outbuildings, are structurally substandard
to a degree requiring substantial renovation or clearance.
Furthermore, the City has determined that a single non-contiguous parcel of land
within the TIF District that is currently owned by the Burlington Northern Santa Fee
Railroad consists of vacant, unused and underused rail storage facilities and
excessive railroad right-of-way. 0
At least fifteen percent (15%) of the area of each occupied parcel contains buildings,
streets, utilities, paved or gravel parking lots or other similar structures, including the
Railroad parcel.
These findings are based upon an analysis by the City Building Official and others;
the results of which are on -file in the office of the City Administrator and further
identified by Exhibit No. 5.
2. The tax increment pledged to the payment of bonds and interest thereon may be
discharged and the TIF District may be terminated if sufficient funds have been
irrevocably deposited in the debt service fund or other escrow held in trust for all
outstanding bonds to provide for the payment of the bonds at maturity or redemption
date.
3. If, after four (4) years from the date of certification of the original net tax capacity
value of the TIF District pursuant to Section 469.177 of the TIF Act, no demolition,
rehabilitation or renovation of property or other site preparation, including
improvement of a street adjacent to a parcel but not installation of an underground
utility service, has been commenced on a parcel located within the TIF District by the
City or by the owner of the parcel in accordance with the tax increment financing
plan, no additional tax increment may be taken from that parcel, and the original net
tax capacity value of that parcel shall be excluded from the original net tax capacity
value of the TIF District. If the City or the owner of the parcel subsequently
commences demolition, rehabilitation or renovation or other site preparation on that
parcel, including improvement of a street adjacent to that parcel, in accordance with
the tax increment financing plan, the Authority shall certify to the County Auditor
that the activity has commenced, and the County Auditor shall certify the net tax
capacity value thereof as most recently certified by the Commissioner of Revenue
and add it to the original net tax capacity value of the TIF District. For purposes of
this subdivision, "parcel' means a tract or plat of land established as a single unit for
purposes of assessment.
4. At least seventy-five percent (75%) of the revenue derived from tax increments paid
by properties in the TIF District will be expended on "Activities" in each TIF District
or to pay bonds, to the extent that the proceeds of the bonds were used to finance
"Activities" in the TIF District or to pay, or secure payment of, debt service on credit
enhanced bonds. Not more than twenty-five percent (25%) of the revenue derived
from tax increment paid by'properties in the TIF District will be expended, through a
development fund or otherwise, on "Activities" outside of the TIF District, except to
pay, or secure payment of, debt service on credit enhanced bonds. All administrative
expenses are considered to be expended outside of the TIF District.
5. Pursuant to Section 469.1763, Subd. 3 of the TIF Act, revenues derived from tax
increments will be considered as expended within the TIF District only if:
(a) before or within five (5) years after certification of the TIF District, the revenues
are actually paid to a "Third Party" with respect to the "Activity";
(b) bonds, the proceeds of which must be used to finance the "Activity", are issued
and sold to a "Third Party" before or within five (5) years after certification, the
revenues are spent to repay the bonds, and proceeds of the bonds either are, on
the date of issuance, reasonably expected to be spent before the end of the later of
(i) the five-year period, or (ii) a reasonably temporary period within the meaning
of the use of that term under section 149 (c) (1) of the Internal Revenue Code, or
are deposited in a reasonably required reserve or replacement fund;
(c) binding contracts with a "Third Party" are entered into for performance of the
"Activity" before or within five years after certification of the TIF District and
the revenues are spent under the contractual obligation; or
(d) cost with respect to the "Activity" are paid before or within five (5) years after
certification of the TIF District and the revenues are spent to reimburse a party
for payment of the costs, including interest on unreimbursed costs.
For the purpose of this Subsection, bonds include subsequent refunding bonds if the
original refunded bonds meet the requirements of the clause (b) above.
6. Beginning with the sixth year following certification of the TIF District, seventy-five
percent (75%) of the revenues derived from tax increments paid by properties in the
TIF District that remain after permitted expenditures will be used only to pay
outstanding bonds; contracts, as defined in clauses 5(c) and 5(d); or certain enhanced
bonds. When the outstanding bonds have been defeased and when sufficient money
has been set aside to pay contractual obligations, the TIF District will be decertified
and the pledge of tax increment discharged.
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At least ninety percent (90%) of the tax increment derived from the TIF District will
be used to finance the cost of correcting conditions that allow designation of a
redevelopment district in accordance with Section 469.176, Subd. 4 0). These costs
include, but are not limited to, acquiring properties that contain structurally
substandard buildings, demolition activities, installation of public utilities, roads,
sidewalks and parking facilities.
Pursuant to Minnesota Statutes, Section 469.175, Subd. la, the County Board may
require the City to pay for all or part of the cost of county road improvements if the
proposed development to be assisted by tax increment will, in the judgment of
Wright County, substantially increase the use of county roads requiring construction
of road improvements or other road costs and if the road improvements are not
scheduled within the next five years under a capital improvement plan or within five
years under another county plan. If the county elects to use increments to improve
county roads, it must notify the City within forty-five (45) days of receipt of this TIF
Plan.
9. Minnesota Statutes, Section 469.1771, provides that the State Auditor shall enforce
the TIF Act and the City will accept certain administrative responsibilities.
A list will be maintained by the City to document all building permits issued within
the TIF District.
10. Applicable Definitions 9
(a) "Activities" means acquisition of property, clearing of land, site preparation,
soils correction, removal of hazardous waste or pollution, installation of utilities,
construction of public or private improvements, and other similar activities, but only
to the extent that tax increment revenues may be spent for such purpose under the
law.
(b) "Third Party" means an entity other than (I ) the person receiving the benefit of
assistance financed with tax increments, or (2) City or other person substantially
under the control of the City.
(c) "Tax increment" includes taxes paid by captured net tax capacity, but excluding
any excess taxes; includes sale or lease proceeds of property that has been purchased
by the City with tax increments; includes repayment of loans or other advances made
by the City with tax increments; and includes interest or other investment earnings on
or from tax increment.
E. Limitation on Administrative Expenses
Pursuant to Section 469.176, Subd. 3, of the Tax Increment Financing ("TIF") Act, no tax
increment shall be used to pay any administrative expenses for the Tax Increment District
which exceed ten percent (10%) of the total tax increment expenditures authorized by the
tax increment financing plan or the total tax increment expenditures for the Tax
Increment District, whichever is less. The City intends to retain the maximum allowable
administrative reimbursement permitted by the TIF Act.
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0 F. Parcels for Acquisition
1. Any properties identified for acquisition will be acquired by the City only in order to
accomplish one or more of the following: storm sewer improvements, provide land
for needed public streets, utilities and facilities, carry out clearance and/or
development to accomplish the uses and objectives set forth in this Tax Increment
Financing Plan.
2. The City may acquire any or all of the parcels in the TIF District, including property
currently owned by the Burlington Northern Santa Fee Railroad, by gift, dedication,
condemnation or direct purchase from willing sellers in order to achieve the
objectives of this Tax Increment Financing Plan. Such acquisitions will be
undertaken only when there is assurance of funding to finance the acquisition and
related costs. In lieu of direct acquisition, the City may also finance acquisition of
any parcels in the TIF District by one or more developers.
G. Estimate of Costs
Estimated costs associated with TIF District No. 12 are subject to change. The City
Council retains the authority to modify the itemized budget as may be necessary to
accomplish the redevelopment program.
Project costs related to the development which are eligible for assistance through the tax
increment financing program are estimated and generally described as including land
acquisition and other work related to accomplishing the redevelopment program. Costs
incurred to construct public improvements including sanitary sewer, water, streets and
storm drainage, related appurtenances and engineering; site improvements including
grading, soil preparation, utility services, parking lots and landscaping; land acquisition;
demolition and clearance activities; financing costs; and administration are activities that
may be financed with tax increment financing assistance. The preliminary estimate of
project costs is summarized below:
Land Acquisition $ 250 000
Site Improvements $ 125,000
Financing Costs $ 334,400
Administration $ 37,100
Total Project Costs $ 746,500
The City of Albertville may use other potential revenues to finance project costs
including special assessment revenues, local funds (City and County), interest earnings
and other sources which may be become available. However, the costs listed above
represent the amounts expected to be paid with tax increments/
Administrative costs are not expected to exceed ten percent (10%) of the lesser of tax
increment expenses authorized by the tax increment financing plan or total tax increment
expenditures. Administrative costs may include direct County Reimbursements,
reporting costs, city staff time, and out-of-pocket expenses.
The City reasonably expects the project will be developed within Development District
No. 1 beginning in 2006. The City expects to expend all tax increments received from
TIF District No. 12. Further budget details are available from the City of Albertville.
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At this time, no contracts have been approved relating to public improvements and this
Tax Increment Financing Plan.
H. Use of Tax Increments
Tax increments generated in the Tax Increment Financing District will be paid by Wright
County to the City of Albertville for its Tax Increment Fund for said District. The City
will use the tax increment funds in accordance with the provisions of the Tax Increment
Financing Plan not to exceed the total estimated project costs. The City retains the right
to use tax increments as a source of revenue to pay for financing expenses relating to
project costs.
When all authorized expenses have been paid, or other arrangements for payment have
been made, all further increments, if any, will be used pursuant to this Tax Increment
Financing Plan, including repayment to the City for any financial participation in the
current project. In the future, the City may elect to modify the current budget
authorization to capture and use tax increments that exceed projected amounts resulting
from the proposed redevelopment project.
I. Sources of Revenue for Public Costs
Tax increment financing is one source of revenue for financing public costs. The
City may also use special assessments, user charges and other sources to finance project
costs.
J. Estimate of Tax Increment
The estimate of tax increment and assumptions are set forth in the following sections of
this Tax Increment Financing Plan: Sections K, L, and M.
K. Original Net Tax Capacity Value
Pursuant to Section 469.177, Subd. 1, of the Tax Increment Act, the Original Net Tax
Capacity Value ("ONTC") for Tax Increment District No. 12 is estimated to be $7,885 on
all taxable real property within the Tax Increment District, which is the tax capacity as of
January 2, 2006. Pursuant to Section 469.177, Subd. 1 and 2 of the Tax Increment Act,
the County Auditor shall certify in each year the amount by which the original net tax
capacity value has increased or decreased as a result of a change in tax exempt property
within the Tax Increment District, reduction or enlargement of the Tax Increment District
or changes in connection with previously issued building permits. In any year in which
the current net tax capacity value of the Tax Increment District declines below the
ONTC, no net tax capacity will be captured and no tax increment will be payable to the
City. The City of Albertville intends to capture 100% of the tax increments that are
generated for a period of not more than twenty-five (25) years from the date of first
receipt assumed to begin in the year 2009. See "Section M" for further explanation.
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L. Current Net Tax Capacity Value
The current net tax capacity value is the same as the original net tax capacity value
estimated in Subsection K.
M. Estimated Captured Net Tax Capacity Value/Increment
Pursuant to Section 469.177, Subd. 1, 2 and 4 of the Tax Increment Financing Act and
assuming the proposed commercial facility is substantially complete by year-end 2007,
the estimated captured net tax capacity value in TIF District No. 12 as of January 2, 2008
(for 2009 collection), is estimated below. This estimate assumes that new construction is
expected to be 100% completed and its value added to the TIF District by that time.
Future Estimated Market Value (2008/09) $ 1,587,500
Current Estimated Market Value (2006/07) $ 435,950
Estimated Captured Market Value (2008/09) $ 1,151,550
Future Estimated Tax Capacity (2008/09) $ 31,000
Current Estimated Tax Capacity (2006/07) $ 7,885
Estimated Captured Tax Capacity (2008/09) $ 23,115
Current (TIF) Tax Rate (2005/06) 97.638 %
Projected Tax Increment (2008/09) $ 22,569
Future Estimated Market Value
TIF District No. 12 is expected to include the construction of a commercial facility of
approximately 17,700 square feet. Including estimated tenant improvements, the TIF
Plan assumes a building construction cost in the neighborhood of $2,200,000. For tax
purposes, estimated market value is projected at approximately $90 per square foot. The
final value will be determined based upon actual construction details and assessment
practices of the Wright County Assessor.
As a result of improvements made by tenants that occupy the proposed commercial
facility, it is possible that the projected market value may exceed current projections. In
that event, the City may choose later to modify the current budget authorization and
finance additional redevelopment project costs; including acquisition and improvement of
the property currently owned by the Burlington Northern Santa Fee Railroad.
Current Estimated Market Value
TIF District No. 12 is comprised of three (3) parcels. The total estimated market value of
Parcel 101-500-011202 and Parcel 101-500-011226 is $419,200 (2006/07) and for the
property owned by the Burlington Northern Santa Fee Railroad, $16,750 (2006).
Future and Current Estimated Tax Capacity
The current and future classification of the property within TIF District No. 12 assumes
"Commercial" and is assigned a tax rate of 1.5% for the first $150,000 of estimated
market value and a rate of 2% for all value in excess of $150,000.
Original Local Tax Rate/Increment/Cashflow
The original local tax rate of 97.638 % represents the effective rate for 2005/06. The
actual original local tax rate will be the rate established for the 2007 tax year which at
this time is not known. The City expects to use 100% of the captured net payable tax
capacity and the resulting increments, beginning in the 2009 collection year. See Exhibit
No. 3 for further details of the projected financing scenario that assumes a 25-year period
and a 100% captured value as of January 2, 2008.
The actual amount of tax increment revenue generated by the proposed development may
vary each year depending upon a number of factors and potential legislative changes to
the property tax system, including tax increment financing.
N. Tax Increment Financing Account for the Tax Increment Financing District
The tax increment received with respect to the Tax Increment Financing District shall be
segregated by the City in a special account or accounts on its official books and records.
O. Duration of the District
Pursuant to the Tax Increment Act, the duration of the Tax Increment Financing ("TIF")
District within Development District No. 1 of the City will be no more than twenty-five
(25) years after the date of receipt by the City of the first tax increment or the point at
which the Tax Increment Financing Plan has been satisfied. The projected date of receipt
by the City of the first tax increment is in 2009.
The City anticipates that the duration of the TIF District may be the maximum permitted
by law which would permit collection through 2034 if the first increment is received in
2009. If the first increment is received in 2008 (due to inflation), the last year of
collection will be 2033. Exhibit No. 3 illustrates a 25-year term beginning in 2009 and
ending in 2033 and the City of Albertville understands that the actual term may vary from
the illustration.
P. Taxing Jurisdictions
For purposes of this projection, it is anticipated that the net captured value of the parcels
included in the Tax Increment Financing ("TIF") District will remain stable from year to
year after project completion and that the impact of tax increment financing on the net tax
capacity values of all taxing jurisdictions in which the TIF District is located in whole or
in part would also remain stable from year-to-year. Based on this assumption, it is
anticipated that tax increments will be captured annually. The estimate is based on the
qualifications identified in this report and does not include the possible tax increment
derived from any other future development, tax capacity changes or inflation factors.
Assuming a TIF Tax Rate of 97.638 % and that the total Estimated Captured Net Tax
Capacity Value of the TIF District on January 2, 2008 is $23, l 15, the following fiscal
impact analysis has been prepared:
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2006 Tax Rate 2005/06 Net Tax Capacity
Wright County 33.04% $ 106,178,099
City of Albertville 31.37 % $ 6,672,272
I.S.D. # 885 33.22 % $ 17,658,338
Total 2006 Tax Rate 97.63 %
I.S.D. #885 comprised 34.025% of the 2006 TIF tax capacity rate, while Wright
County comprised 33.840%. The City of Albertville made up 32.135% of the
cumulative tax capacity levy for the taxing jurisdictions affected by the Tax Increment
District proposal. A TIF tax capacity rate of 97.63 8% has been utilized in this Tax
Increment Financing Plan.
If the new taxes estimated within the TIF District are captured for the duration of the
District, taxes and values will experience no change until termination of the District.
If the new taxes upon completion were not captured (assuming the project could be done
without tax increment financing) and by applying the 2006 Tax Rate for each jurisdiction,
taxes (2008/09) would be distributed as follows:
Wright County $ 7,637
City of Albertville $ 7,253
I.S.D. # 885 7,679
Total Tax Increment $22,569
The projected amount of captured tax capacity ($23,115) within the TIF District is a
small amount compared against the total tax capacities of Wright County, the City of
Albertville and I.S.D. # 885. Similarly, the projected amount of taxes to be generated
within the TIF District is a modest amount compared to the overall taxes received
annually by each taxing jurisdiction.
The proposed project is not expected to significantly increase or decrease the demand for
services provided by the City. Furthermore, the redevelopment project can be serviced by
existing utility systems and consequently no negative impacts to public infrastructure are
expected. At this point, other than issuing debt payable from tax increment financing, the
City does not plan to incur new debt payable from revenue sources other than tax
increments or by sources generated as a result of redevelopment activities within
the TIF District; however, the City reserves the right to do so.
Total Estimated Tax Increment/2 5 -Year Duration: $ 746,428
Total Estimated Tax Increments/2 5 -Year Duration —Albertville: $ 239,865
Total Estimated Tax Increments/25-Year Duration — I.S.D. 4885: $ 253,972
Total Estimated Tax Increments/2 5 -Year Duration — Wright County: $ 252,591
Beyond the information provided above and if requested to do so, the City will provide
further information to Wright County and/or IS.D. #885 officials relating to projected
and anticipated fiscal and cost implications of the proposed redevelopment project.
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Q. Annual Disclosure Requirements
Pursuant to M.S. Section 469.175, Subd. 5, 6, and 6b, the City must undertake annual and
ongoing financial reporting for all tax increment financing districts to the Office of the
State Auditor, the County Board and County Auditor and the School Board. The City
intends to comply with applicable reporting requirements for this TIF District.
R. Requirements for Agreements with the Developer
Pursuant to Section 469.176, Subd. 5, of the Tax Increment Financing ("TIF") Act, no
more than twenty-five percent (25%), by acreage, of the property to be acquired in the
Tax Increment Financing District as set forth in the tax increment financing plan shall at
any time be owned by the City as a result of acquisition with the proceeds of bonds
issued pursuant to Section 469.178 to which tax increments from property acquired is
pledged without the City having, prior to acquisition in excess of twenty-five percent
(25%) of the acreage, concluded an agreement for the development or redevelopment of
the property acquired and which provides recourse for the City should the development
not be completed.
Property may be acquired without a development agreement provided land acquisition is
not funded by bonds secured by tax increments from the acquired property.
S. Assessment Ap_reements 0
The City is permitted to enter into a written assessment agreement in recordable form
with the Developer of property within the Tax Increment Financing District which
establishes a minimum market value of the land and completed improvements for the
duration of the District.
T. Sources of Revenue/Bonded Indebtedness
Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and
sidewalks, site preparation, administration and other costs outlined in the cost budget
will be financed primarily through the annual collection of tax increments. The
City reserves the right to use other sources of revenue legally available to the City and the
TIF Plan, including but not limited to special assessments, general property taxes,
transportation state aids, land sale proceeds and other forms of public and private sector
funding.
The City may choose to authorize the financing of project costs with repayment coming
from tax increment revenues. The principal amount of TIF obligations is not expected
through any combination of bonds, notes or interfund loans (together, "TIF Obligations")
to exceed $375,000, exclusive of interest and administration. This provision does not
obligate the City to incur debt; it merely establishes the maximum principal amount of
indebtedness that may be secured in whole or in part by tax increments.
U. Assumptions and Analysis 0
Certain assumptions have been made to anticipate future considerations relating to
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property tax legislation, the development schedule, project financing and costs. One or
more of the assumptions may prove to be inaccurate and the City of Albertville retains
the right to authorize changes as may be required to achieve the Development Program.
V. Legal Description/Map/Parcel Number
Legal Description: See Exhibit No. 2 (survey description "pending").
Parcel Identification Numbers: PID #101-500-011202 and #101-500-011226. No
known PID # currently exists for the parcel owned by the Burlington Northern Santa Fee
Railroad.
A map of the TIF District is provided as Exhibit No. 2.
W. Reasonable Expectations
As required by the Tax Increment Financing Act, in establishing the Tax Increment
Financing District the determination has been made that the anticipated development and
improvements would not reasonably be expected to occur solely through private
investment within the reasonably foreseeable future and that the increased market value
of the site that could reasonably be expected to occur without the use of tax increment
financing would be less than the increase in market value estimated to result from the
proposed development after subtracting the present value of the projected tax increments
for the maximum duration of the District permitted by the TIF Plan. In reaching this
conclusion, reliance has been placed upon representations made by the Developer to such
effects and upon awareness by City Officials of the feasibility of redeveloping the project
site. See Section "Bb" (But -For Evaluation).
X. Buildinu Permits Issued
A building permit is expected to be issued in 2006 for construction activities within the
Tax Increment Financing District.
Y. Notification of Prior Planned Improvements
The City shall, after due and diligent search, accompany its request for certification to the
County Auditor, or its notice of Tax Increment Financing ("TIF") District enlargement
with a listing of all properties within the TIF District or area of enlargement for which
building permits have been issued during the eighteen (18) months immediately
preceding approval of the tax increment financing plan by the City pursuant to Section
469.175, Subdivision 3, of the TIF Act. The County Auditor shall increase the original
net tax capacity value of the TIF District by the net tax capacity value of improvements
for which a building permit was issued.
Z. Summary
The City of Albertville is establishing the Tax Increment Financing District to facilitate
redevelopment activities within the downtown area.
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Aa. Business Subsidies
To the extent applicable, the City of Albertville agrees to comply with M.S. Section 116J993 to
116J.995, which states that a local unit of government granting financial assistance to business for
economic development or job growth purposes, including tax increment financing, must establish
business subsidy criteria and approve a business subsidy agreement with the business receiving
the assistance. The planned redevelopment project may be "exempt" pursuant to M.S. 116J.993,
Subd. 3 (17) relating to redevelopment when the "Developer's investment in the purchase of the
site and in site preparation is 70% or more of the assessor's current year's estimated market
value."
Bb. But — For Evaluation
The primary purpose of this TIF District is to promote the redevelopment of property within the
District that is underutilized, through construction of a professional office facility on a site
occupied by a former concrete plant (the "Plant Site"), which has been vacant for over five years
and is currently occupied by a substandard structure. The City has received only one prior
redevelopment proposal for the Plant Site, and this prior proposal was abandoned by the
applicant. The City has determined a need for increased commercial, office, and professional
service facilities in the area, and increased parking facilities to serve such development.
However, this development is not feasible without tax increment assistance based on analysis of
material submitted to the City by the Redeveloper (on file at City Hall). Development of the
Plant Site requires demolition of the existing building, along with additional costs for correction
of soil conditions. The City therefore does not believe the proposed redevelopment is likely to
occur without the assistance described in this TIF Plan. Moreover, the Redeveloper and its lender
have stated that the costs of redevelopment of the site require projected commercial lease rates at
a rate roughly $2.00 per square foot or more than current market lease rates in the City. Without
the assistance described in this TIF Plan, the Redeveloper will not be able to lease the commercial
space at prices comparable to other facilities in the City.
Further, redevelopment of the parcel currently owned by the Burlington Northern Sante Fe
Railroad (the "Railroad Site") is more likely to occur if the Plant Site is redeveloped. The
Railroad Site would be unlikely to be developed for any use on its own, given its current location
between an active rail line and the substandard property on the Plant Site. However, development
of the Plant Site will create an increased need for municipal parking close by. The City does not
have available funds to acquire the Railroad Site without the use of tax increment. Therefore, the
increment from the Plant Site is necessary to allow the City to acquire and redevelop the Railroad
Site for use as municipal parking.
For purposes of the "but -for" analysis, "site" means the Plant Site, which consists of the parcels
on which the professional office building to be assisted with tax increment will be located. The
City has determined that no other development is expected to occur on the site that would create a
greater market value than the proposed affordable professional office building, after adjusting for
the tax increment assistance. Analysis of the Plant Site shows that commercial use results in a
greater increase in market value than manufacturing or industrial uses, and enhances property
values of surrounding properties. Given the location of the property and the property's zoning
classification, housing is not appropriate or likely for the Plant Site. Manufacturing and industrial
uses would not likely increase value more than the proposed professional office building or
perhaps even the value over the Plant Site's previous use. Despite the fact that the Plant Site has
been vacant for many years, no other developer has followed through with plans for
redevelopment, likely due to the high costs associated with correction of soil conditions and
13
•
•
redevelopment of the site. The City finds that without the use of tax increment financing, no
other commercial development is likely to occur.
Likewise, analysis of the Railroad Site involves consideration of many of the same factors. The
Railroad Site has been vacant for many years. Its location and zoning classification do not
readily allow for housing, and no developers have come forward with plans for developing the
site for commercial, industrial, or manufacturing uses. Because the Railroad Site is located next
to an "active" rail line, the City's proposed use for the property as a municipal parking lot is the
only development that is likely to occur on this site, and this use would not occur without tax
increment generated by redevelopment of the Plant Site.
A comparative analysis of estimated market values both with and without establishment of the
District and the use of tax increments has been performed as described above. If all of the
development which is proposed to be assisted with tax increment were to occur in the District, the
total increase in market value would be $1,551,550. The present value of tax increments from the
District is estimated to be $137,529. For reasons described above, it is the Council's finding that
no development with any significant market value is expected to occur in the foreseeable future
without tax increment and other assistance; and that even if some development could occur, it
would not create new market value of greater than $1,014,021. (See Cashflow in Exhibit No. 3
and project plans in Exhibit No. 4).
14
EXHIBIT NO. 1
49 1
l�lbertv��
EXHIBIT NO. 2
•
Property ID: 101-500-011202
Legal Description: TH PRT OF NW I/4 OF NE I/4 DES COM SE COR OF LT4 BLK2 TWNSITE ALBERTVILLE
TH S89D40'26"W ALG S LN OF SD BLK2 148.83F`F TH SO I D40'07"W35.35FT TH RET NOID 401071IE 3535FT
TO S LN OF BLK2 TH N89D40'26"E ALG SD S LN& ITS ELY EXT 208.91FT TO POB TH SOID12'37"W
34.16FT TH S22D 09'16"W 170.64FT TO NLY R/W OF RR TH S60D59'18"E ALG NLY R/W LN 282.69FT TH
N22DO8'32"E 232.47FT TH N6OD54'28"W 307.23 FT TO ELY R/W LN OF ST ADJ TO BLK2 TH SO D05'28"W
ALG SD ELY R/W LN 35.41 FT TO S LN&ITS ELY EXT OF BLK2 TH S89D40'26"W ALG S LN&ITS ELY EXT
OF BLK2 .62FT TO POB
10 Property ID: 101-500-011226
Legal Description: TH PRT OF NW I /4 OF NEI/4 DES COM SE COR OF LT4 BLK2 TWNSITE ALBERTVILLE
TH S89D40'26"W ALG S LN OF SD BLK2 148.83FT TH S OID40'07"W 35.35FT TH RET NOID 40'07"E 35.35FT
TO S LN OF BLK 2 TH N89D40'26"E ALG SD S LN& ITS ELY EXT 208.91 FT TH SOID 12'37"W 34.16FT TH
S22DO9' 16"W 170.64FT TO NLY R/W OF RR TH S 60D59' 18"E ALG NLY R/W LN 282.69FT TO POB TH
N22DO8'32"E 232.47FT TH N60D54'28"W 5.54FT TH NOID06'32"E 26.88FT TH N80D 1513411E 59.94FT TH
SO1D06'32"W 330.50FT TO NLY R/W LN OF RR TH N60D59' I8"W ALG NLY R/W LN 155.49FT TO POB
EXHIBIT NO. 3
•
TIF Period Tax Year Gross TIF Administration Net TIF Project TIF Surplus/(Deficit) Cumulative TIF
1
2009
$22,569
$1,128
$21,441
$21,441
$0
$0
2
2010
$23,077
$1,154
$21,923
$21,923
$0
$0
3
2011
$23,596
$1,180
$22,416
$22,416
$0
$0
4
2012
$24,127
$1,206
$22,921
$22,921
$0
$0
5
2013
$24,670
$1,233
$23,436
$23,436
$0
$118,039
6
2014
$25,225
$1,261
$23,964
$23,964
$0
$0
7
2015
$25,792
$1,290
$24,503
$24,503
$0
$0
8
2016
$26,373
$1,319
$25,054
$25,054
$0
$0
9
2017
$26,966
$1,348
$25,618
$25,618
$0
$0
10
2018
$27,573
$1,379
$26,194
$26,194
$0
$249,968
11
2019
$28,193
$1,410
$26,784
$26,784
$0
$0
12
2020
$28,828
$1,441
$27,386
$27,386
$0
$0
13
2021
$29,476
$1,474
$28,002
$28,002
$0
$0
14
2022
$30,139
$1,507
$28,632
$28,632
$0
$0
15
2023
$30,818
$1,541
$29,277
$29,277
$0
$397,422
16
2024
$31,511
$1,576
$29,935
$29,935
$0
17
2025
$32,220
$1,611
$30,609
$30,609
$0
18
2026
$32,945
$1,647
$31,298
$31,298
$0
19
2027
$33,686
$1,684
$32,002
$32,002
$0
$0
20
2028
$34,444
$1,722
$32,722
$32,722
$0
$562,228
21
2029
$35,219
$1,761
$33,458
$33,458
$0
$0
22
2030
$36,012
$1,801
$34,211
$34,211
$0
$0
23
2031
$36,822
$1,841
$34,981
$34,981
$0
$0
24
2032
$37,650
$1,883
$35,768
$35,768
$0
$0
25
2033
$38,497
$1,925
$36,573
$36,573
$0
$746,428
Totals $746,428 $37,321 $709,107 $709,107 $0 $746,428
Gross TIF is increased annually by two and one -quarter percent (2.2501o).
Administration equals five percent (5%) of Gross TIF.
•
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EXHIBIT NO. 5
•
QUALIFICATIONS AND SUPPORT DOCUMENTATION FOR REDEVELOPMENT
5.1. Report by BRKW Appraisals, Inc. dated January 3, 2006.
5.2. Topographic Survey by Duffey Engineering and Associates, Inc. dated January 17,
2006.
5.3. Report of Geotechnical Explorations by Independent Testing Technologies dated
May 14, 2004.
5.4. Phase I Environmental Assessment by EarthTech of Minnesota, Inc. dated May 25,
2004. 9
5.5. Eull Concrete Site Assessment by Bolton and Menk, Inc. dated March 2, 2006.
5.6. Property Condition Assessment Summary by Jon Sutherland, Building Official dated
March 2, 2006.
0 EXHIBIT 5A
STATEMENT OF SUPPORTING FACTS FOR
REDEVELOPMENT DISTRICT DETERMINATION
REDEVELOPMENT TIF DISTRICT NO. 12
The following conditions exist within the area designated as the Redevelopment TIF
District No. 12 ("TIF District"):
The TIF District contains the following parcels, all of which are occupied by buildings or
parking lots (parcels are deemed occupied if at least 15% of the area is occupied by
improvements):
PID #101-500-011202 — 1.52 acres. A building of approximately 5,920 square feet and
approximately 30,350 square feet of gravel parking and access improvements exist on the
site. The site is +/- 55% occupied.
PID #101-500-011226 - .64 acres. Approximately 19,100 square feet of the site is
covered with gravel parking and access improvements. The site is +/- 68% occupied.
• Railroad Parcel — 2.26 acres. Approximately 18,750 square feet of the property is
q P P Y
covered with gravel parking and volleyball court improvements. The site is +/- 19%
occupied.
2. The TIF District contains one building, which is currently vacant. The building is
structurally substandard to a degree requiring substantial renovation or clearance. The cost of
rehabilitation needed to meet current building codes would exceed 15% of the cost of
constructing a new building of similar size and type on this site. These findings are based on an
analysis of the building prepared on behalf of the City by all as
summarized in on file in City Hall. The finding is based —on both
interior and exterior inspection.
9
•
CITY OF ALBERTVILLE
DEVELOPMENT AGREEMENT/CONDITIONAL USE AGREEMENT
ALBERTVILLE RETAIL
THIS AGREEMENT, entered into this day of 2006 by and between
Schultz & Schupp LLC, collectively referred to herein as "Developer"; and the CITY OF
ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A,
which real property is proposed to be combined and platted for development as Albertville Retail, and
which subdivision, which is the subject of this Agreement, shall hereinafter be referred to in its entirety
as "Said Plat" or "Subject Property"; and
WHEREAS, Developer has received final plat approval for Said Plat; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for
the parties and subsequent owners, the understandings and covenants of the parties concerning Said
Plat and the conditions imposed thereon; and
WHEREAS, approval of a Conditional Use Permit is required to permit development of Said Plat
in the manner proposed by the Developer; and
WHEREAS, the City has given final 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, curb and gutter, grading, sanitary sewer, municipal water, and storm sewer (hereafter
"Municipal Improvements") be installed to serve the Development and other properties affected by the
development of Developer's land, to be installed and financed 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 private streets, boulevards, top
soil and sod, grading control per lot, bituminous or concrete driveways, parking lots, drainage swales,
• berming, street signs, street lights, street cleanup during project development, erosion control, and
other site -related items; and
45
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
Conditional Use. The Development • e opment is hereby allowed to be developed with a conditional use permit,
which has the following conditions in place.
A. The Developer may construct and operate the drive -through lane for banking purposes in
the configuration shown on the attached Exhibit B.
B. Developer agrees that all buildings shall be constructed in the locations shown on the
attached Exhibit B. The Developer shall comply with all site plan approvals set by the City
Council except where specifically set out in this agreement.
C. Developer shall construct the number of parking stalls in the locations and dimensions as
shown on the attached Exhibit B.
D. Developer shall develop plat consistent with the site plan attached as Exhibit B.
E. 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.
F. Trees, shrubs, berms and screening are to be planted, installed and maintained as shown on
the landscape plan attached as Exhibit C. 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 C
shall be installed no later than October 31, 2007. Developer shall maintain the infiltration
plantings shown on Exhibit C in good working order at all times.
G. The Developer shall maintain the storm water retention pond in good working order at all
times.
H. Developer may install signage consistent with the Signage Plan attached as Exhibit F. No
more than five tenants may be displayed on the free standing sign. All signage must have a
dark background with light colored lettering. Building wall signage shall not exceed 15%
of the front fagade of each tenant bay.
I. Developer shall acquire, at Developer's expense, a perpetual ingress and egress easement in
favor of the property in Said Plat over the property shown on the attached Exhibit G. Said
easement shall be in a form acceptable to the City Attorney.
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 Albertville Retail, as prepared by
Duffy Engineering and Associates Inc., dated , 2006 and on file with the
City Clerk. 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
.o
City Engineer specifies a later date, said improvements shall be installed by August 31,
• 2007.
B. The Developer warrants to the City for a period of two years from the date the City
accepts the finished Municipal Improvements that all such improvements have been constructed
to City standards and shall suffer no significant impairments, either to the structure or to the
surface or other usable areas due to improper construction, said warranty to apply both to poor
materials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said Municipal Improvements on Said Plat. Should
Developer fail to provide the City with all applicable lien waivers, the City reserves the right to
draw upon Developer's surety and pay any contractors who performed work on any Municipal
Improvements and whom Developer has failed to fully pay for the performance of said work.
D. The City shall, at its option, have the City Engineer present on Said Plat for inspection
purposes at all times (or such times as the City may deem necessary) during the construction
and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred
by the City during said inspections.
Construction of On- and Off -Site Improvements.
SA. Developer shall construct all on- and off -site improvements including installation of
paved streets, curb and gutter, sidewalks, 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. All
yard areas shall be sodded with grass or landscaped in accordance with the attached
Landscaping Plan. In all cases permanent turf or grass must be established over all
areas of the lot not covered by a hard or impervious surface. Said on- and off -site
improvements shall be installed no later than October 31, 2007, with the exception of
erosion control, drainage swales and berming, which shall be installed upon initial
grading of Said Plat.
B. Developer shall, at its own expense, cause the following items to be installed within the
development, all such items to be installed under ground, within the street right of way
or within the private street easements 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:
i. Electrical power supply, to be provided by Xcel Energy or other such carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other such carrier;
iii. Telephone service, to be provided by Sprint/United Telephone Company or
other such carrier;
47
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 D.
Developer agrees to have all utilities installed according to this Exhibit D.
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 abide by the
City Engineer's requirements for silt fencing of the lots and access to the lots during
building construction.
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 1 st and
before March 30th in any given year, in which case a certificate of occupancy shall be
issued if all on- and off -site improvements except landscaping and sod have been
installed. In such cases, the Developer shall cause the required landscaping and sod to
be installed by the first June 30th following the issuance of the occupancy permit. 0
4. 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
$ representing the sum of 100% of the estimated cost of the Municipal
Improvements ($, 50% of the on and off -site improvements, ($0), and 150%
of the estimated cost for landscaping/screening materials ($. 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 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, refund to the Developer any monies which the City has in
its possession which are in excess of the actual costs of the project as paid by the City.
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.
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. Developer shall maintain
said letter of credit in the amount required by the City at all times.
5. 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 reduced for that portion of the 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:
i. When another acceptable letter of credit or surety 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 portion of improvements so installed,
except that the City shall retain the letter of credit or surety in the amount of
10% of the estimated construction price of the Municipal Improvements during
the first year of the warranty period and 5% of the estimated construction price
of the Municipal Improvements during the second year of the warranty period.
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.
49
iii. 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. •
C. The costs incurred by the City in processing any reduction request shall be billed to the
Developer and paid to the City within thirty (30) days of billing.
6. Abandonment of Project - 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 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.
7. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all reasonable
administrative, legal, planning, engineering and other professional costs incurred in the creation,
administration, enforcement or execution of this Agreement and the approval of 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.
8. Development Related Fees and Credits.
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 require
the Developer to pay $1,600.00 per acre and $1,400.00 per acre respectively, upon
development of said Plat. There are acres in said Plat which received final plat
approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for all property
receiving final plat approval is $ ($ in sewer fees calculated as
$1,600.00 x acres and $ in water fees calculated as $1,400.00 x
acres). •
50
9. Erosion and Siltation 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 E. Developer shall also install all erosion control measures deemed necessary by
the City Engineer should the erosion control plan prove inadequate in any respect.
10. Ditch Cleaning.
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.
11. 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 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
Development 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.
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 attorney's fees incurred by the City as a result of such legal action.
12. Temporary Easement Rights.
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.
•
51
13. 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.
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 t
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, 7, 13, 15, 17, 18,
19, 20, 21, 22, 23, 24 and 25 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.
52
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 depending upon when building
permits are applied for and that such delay in capacity availability may also delay the
issuance of building permits for some lots within the Development.
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 two feet 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.
15. Violation of Agreement.
In the case of default by the Developer, its successors or assigns, of any of the covenants and
agreements herein contained, the City shall give Developer thirty (30) days mailed notice
thereof (via certified mail), and if such default is not cured within said thirty (30) day period,
the City is hereby granted the right and the privilege to declare any deficiencies governed by
this Agreement due and payable to the City in full. The thirty (30) day notice period shall be
deemed to run from the date of deposit in the United States Mail. Upon failure to cure by
Developer, the City may thence immediately and without notice or consent complete some or
all of the 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.
Notwithstanding the 30-day notice period provided for 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.
This paragraph of this Agreement shall not apply to any acts or rights of the City under
paragraph 4F, and no notice need be given to the Developer as a condition precedent to the City
drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect
53
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. •
Breach of any of the terns of this Contract by the Developer shall be grounds for denial of
building permits.
16. 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 Engineer, shall dedicate all street right-of-
ways and drainage and utility easements to the City. Upon acceptance of dedication,
Developer shall provide to the City "As-Builts" of all storm sewers and other
Municipal Improvements required under this Agreement. Acceptance by City of any
dedication shall occur upon passage of a resolution to such effect by the City
Council.
B. Park Dedication.
The Developer is required to pay a cash contribution of $ in satisfaction of the
City's park and trail dedication requirements. The amount Developer shall be
required to pay in park dedication requirements under this agreement shall be $
This charge is calculated as follows: acres x $7,500 per acre = $
17. Phased Development.
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.
18. 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 pay or incur in
consequence of such claims, including attorney's fees. Third parties shall have no recourse
against the City under this contract.
19. Assignment of 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.
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• 20. 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.
21. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City as a result of City
efforts to enforce the terms of this Agreement. 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 fees
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.
22. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this Agreement by
reference as they appear. Unless otherwise specified in this agreement, Developer is bound by
said plans and responsible for implementation of said plans as herein incorporated.
23. Integration Clause, Modification by Written Agreement Only.
• This Agreement represents the full and complete understanding of the parties and neither parry
is relying on any prior agreement or statement(s), whether oral or written. Modification of this
Agreement may occur only if in writing and signed by a duly authorized agent of both parties.
24. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the
City) or registered mail addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Schultz & Schapp LLC
340 US Hwy 10 South
St. Cloud MN 56304
Telephone:
is25. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs, successors and
assigns of the parties hereto.
55
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
SCHULTZ & SCHAPP LLC
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, 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.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
•
s
The foregoing instrument was acknowledged before me this day of
, 2006, by Bridget 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.
Notary Public •
ust
• STATE OF MINNESOTA
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of ,
2006, by , as of Schultz & Schapp LLC.
Notary Public
DRAFTED BY:
Court, MacArthur & Ruppe Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763)497-1930
•
•
57
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description f h Plat 0
g p o the at to which this Developer's Agreement applies is as follows:
Lot 1 Block 1, Albertville Retail according to the plat of record on file in the Wright County
Recorder's Office.
All said property is located in, City of Albertville, County of Wright, Minnesota.
•
•
EXHIBIT B
• Site Plan
EXHIBIT C
Landscaping Plan
EXHIBIT D
Sanitary Sewer, Water Main, and Storm Sewer Plan
EXHIBIT E
Grading Plan
EXHIBIT F
Signage Plan
EXHIBIT G
Ingress and Egress Easement Drawing
•
59
•
DEVELOPER'S\PLANNED UNIT DEVELOPMENT AGREEMENT
Albertville Plaza 2"d Addition
THIS AGREEMENT, entered into this day of 2006 by and between
ALBERTVILLE PLAZA, LLC, referred to herein as "Developer"; and the CITY OF ALBERTVILLE,
County of Wright, State of Minnesota, hereinafter referred to as "City" all of which are collectively
referred to herein as "the Parties";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in
Exhibit A, attached hereto and incorporated herein by reference, which parcel(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 "Albertville Plaza 2nd Addition". The real property described
in Exhibit A shall hereinafter be referred to as the "Subject Property" or "Said Plat"; and
WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of
Albertville Plaza Second Addition contingent upon compliance with certain City requirements
including, but not limited to, matters set forth herein; and
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, storm water ponding, sanitary sewers,
storm sewers, drainage swales, street cleanup during project development, erosion control, and other
site -related items; and
WHEREAS, the City requires that a municipal water main (hereafter "Municipal Improvements")
be installed to serve the Development and other properties affected by the development of Developer's
land, to be installed and financed by Developer; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for
the parties and subsequent owners, the understandings and agreements of the parties concerning the
development of the Subject Property;
61
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows: •
1. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on and off Said
Plat as detailed in the Plans and Specifications for Albertville Plaza II, as prepared by
, dated , 2006 and on file with the City Clerk.
All such Municipal 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 Municipal Improvements shall be installed by
, 2006.
B. The Developer warrants to the City for a period of two years from the date the City
accepts the finished Municipal Improvements that all such improvements have been
constructed to City standards and shall suffer no significant impairments, either to
the structure or to the surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said Municipal Improvements on Said Plat.
Should Developer fail to provide the City with all applicable lien waivers, the City
reserves the right to draw upon Developer's surety and pay any contractors who
performed work on any Municipal Improvements and whom Developer has failed to
fully pay for the performance of said work.
D. The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times as the City may deem necessary)
during the construction and installation of said Municipal Improvements. Developer
agrees to pay for all costs incurred by the City during said inspections.
2. Construction of On- and Off -Site Improvements.
A. Developer shall construct all on- and off -site improvements ("Improvements")
including installation of boulevards, yard top soil, sod and seed in all lots, grading
control per lot, bituminous or concrete driveways, storm water ponding, sanitary
sewers, storm sewers, drainage swales, private streets, berming, and like items as
necessary, street cleanup during project development, and erosion control, all as
required by City ordinance including those items shown on the Utility Plan (attached
hereto as Exhibit B) and the Grading Plan (attached hereto as Exhibit Q. All such
Improvements shall be constructed according to the plans and specifications dated
, 2006 as prepared by Loucks Associates, and according to the
standards adopted by the City, along with all items required by the City Engineer and/or
City Planner. Unless the City Engineer specifies a later date, said Improvements shall
be installed no later than December 20, 2006, with the exception of erosion control,
which shall be installed immediately upon initial grading of Said Plat, and with the
exception of the final layer of bituminous pavement on the parking lot, which may be
62
placed no later than June 30, 2007, and with the exception of the landscaping which
may be placed no later than May 31, 2007.
B. All said Improvements shall be installed at Developer's expense. If the City determines
that it is necessary to have the City Engineer or other inspector on site for any portion
of the installation of said Improvements, Developer shall reimburse the City for all
inspection costs incurred by the City.
C. Notwithstanding the requirements of subparagraph 1 A above, prior to the issuance of a
certificate of occupancy for a building on any given lot in Said Plat, Developer shall
have installed to the City's satisfaction said on- and off -site Improvements on the lot.
3. Use of Property. Developer's use of Said Plat shall be consistent with the following
restrictions, which shall be effective until further modified or amended by rezoning or other
amendment of the planned unit development by the City Council:
A. Said Plat is part of a planned unit development ("PUD"). The provisions of the City's B-3
zoning district (as amended from time to time) apply to Said Plat, except as modified by
this Agreement and except that the uses in Said Plat have been limited to the following
unless otherwise agreed to by the City Council and Developer:
i. Professional office, bank, hotel/motel, daycare, retail sales, restaurant, and auto
service.
• All such uses must receive site plan approval from the City Council prior to the issuance of
building permits.
B. Developer shall permit the owner of the property immediately to and abutting on the south
property line of Said Plat ("South Property") to use the south access for ingress to the South
Property at the locations shown on the attached Exhibit , provided that:
1. The owner of the South Property agrees to construct those portions of the private
driveways located on the South Property to the same weight and width
specifications as required by this agreement, unless other specifications are
required by the City;
2. The owner of the South Property agrees that except for temporary and reasonable
activities required in connection with construction, maintenance, repair and
replacement, no obstruction which would prevent, restrict or otherwise inhibit the
passage of pedestrians or vehicles over any portion of the private driveway shall
be erected, condoned or permitted by the owner of any property benefited with
the private driveway, its tenants, invitees or licensees, nor shall any other
conduct, passive or affirmative, including but not limited to the parking or
storage of vehicles, be permitted which would in any manner restrict the rights of
the respective owners of any of the benefited property, their tenants, invitees and
licensees to fully utilize the shared private driveway for the purposes permitted
herein. However, in no event shall any owner allow any construction -related
traffic that will cause damage to the shared driveway to utilize the shared
driveway, nor shall any owner allow traffic to use said shared driveway which
63
has a weight rating which exceeds the weight rating for which said shared
driveway was designed and constructed. is
3. The owner of the South Property agrees that should it fail to repair or maintain
said shared private driveway, that owners of the lots in Said Plat may undertake
making or causing any defective condition existing on said private shared drive
to be cleaned up, repaired or maintained as outlined below:
a. For all conditions not arising from the accumulation or deposit of
snow on the shared drive, the owners of the lots in Said Plat shall give
the defaulting owner of the South Property fifteen (15) days notice via
certified mail and facsimile transmission thereof, and if the defaulting
owner of the South Property fails to cure within 15 days of the notice (or
fails to prosecute said cure diligently to completion if it cannot
reasonably be finished within said 15 day period), the owners of the lots
in Said Plat will be granted the right and the privilege to complete the
defaulting owner's obligations and to bring legal action against the
defaulting owner of the South Property to collect any sums due for the
cost of the work performed, plus all costs and attorney's fees incurred in
enforcing this condition.
b. The fifteen day notice period shall be deemed to run from the date of
deposit in the United States Mail and the transmission of the facsimile.
C. For all conditions arising from the accumulation or deposit of snow on
the shared drive, the owners of the lots in Said Plat shall give the
defaulting owner of the South Property twenty-four hours notice via
telephone and facsimile transmission thereof, and if the defaulting
owner of the South Property fails to cure within said twenty-four hour
period, Developer will be granted the right and the privilege to complete
the defaulting owner's obligations and to bring legal action against the
defaulting owner of the South Property to collect any sums due for the
cost of the work performed, plus all costs and attorney's fees incurred in
enforcing this condition.
4. The owner of the South Property agrees to initially pay the Developer a
reasonable proportion of the cost of the construction of the shared drive on Said
Plat and to thereafter pay the percentage of annual maintenance of the shared
drive on Said Plat, both as determined by the City Council at such time as the
South Property is developed.
5. Developer shall enter into an easement agreement with the owner of the South
Property in substantially the same form and substantially the same terms as
shown on the attached Exhibit , provided the owner of the South Property
agrees to enter into said easement agreement.
C. Developer shall establish an access and utility easement agreement providing for access to •
all lots over the private roadways shown on Exhibit E and providing for the maintenance of
utilities and ponding consistent with the Utility Plan in areas described as "easement" on
Exhibit E. Said easement shall be approved by the City Attorney and recorded on the
• property records at the Wright County Recorder's Office.
D. Developer shall be permitted to construct a building on Lot 1, Block 1 for automotive
services and retail uses in substantially the same location, configuration, size and materials
as shown on the attached Exhibit F. Developer shall install landscaping, lighting and
signage, respectively, in accordance with the Landscape Plan attached as Exhibit , the
Lighting Plan attached as Exhibit , and the Signage Plan attached as Exhibit
All improvements required to be installed under this paragraph shall be installed at
Developer's expense.
E. No site -specific approvals have been granted for Lot 2, Block 1 of Said Plat. Developer
shall submit all plans required by ordinance, including site plan, a landscape plan, lighting
plan, and signage plan for City approval prior to the issuance of a building permit for Lot 2,
Block 1 of Said Plat.
F. Storm sewer improvements, including storm water ponds, are to be maintained in proper
working order by the owners of the lots in accordance with the terms of paragraph 4 below,
but may be maintained by City if it chooses to do so. In the event the City chooses to
maintain such storm sewer improvements, the City may special assess the benefiting
properties for the costs of such maintenance. No person or entity may modify or obstruct
the storm sewer improvements, without the express written consent of the City Council.
. G. The municipal water main located on Said Plat shall be maintained by the City. In the
event it becomes necessary to excavate any portion of said water main for maintenance or
replacement, the City shall restore such excavation to grade with a gravel or turf surface,
but the City shall not be responsible for replacement of pavement or above -ground
improvements within the easement area.
H. Developer shall not be permitted to store truck trailers or other type of trailers overnight on
Said Plat except during installation of underground utilities, streets or construction of
buildings. No truck trailers or other type of trailers shall be stored overnight on any lot
after a certificate of occupancy has been issued for such lot.
I. In the event an automobile maintenance operation is established on any lot in Said Plat,
such operation shall keep its south -facing garage doors closed at all times (except for
purposes of moving vehicles and supplies into and out of the building) so long as the
property immediately to the south of Said Plat is used for residential purposes.
J. In the event an automobile maintenance operation is established on any lot in Said Plat,
such operation shall not permit the storage of damaged or inoperable vehicles outdoors on
such lot.
4. Maintenance of Streets, Utilities and Ponding.
• A. The streets, curb, gutter, and sanitary sewer in Said Plat shall remain private and the cost
of maintenance of these items must be borne by the owners of the lots in Said Plat in
accordance with the terms of the Maintenance Agreement attached as Exhibit G to this
65
Agreement. All such maintenance shall be performed in a commercially reasonable
manner. •
B. The storm sewers and ponds shall be public, but shall be maintained by the owners of the
lots in Said Plat in accordance with the terms of the Maintenance Agreement attached as
Exhibit G to this Agreement. All such maintenance shall be performed in a
commercially reasonable manner.
C. The City shall have the right to enter upon all easement areas at any time for inspection
and maintenance purposes.
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
$ representing the sum of 100% of the estimated cost of the Municipal
Improvements, ($�, 100% of the estimated cost of the on and off -site
Improvements, ($), and 150% of the estimated cost for landscaping/screening
materials ($ ). 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 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, refund to the Developer any monies which the City has in
its possession which are in excess of the actual costs of the project as paid by the City.
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.
E. 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,
M6
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. Developer shall maintain
said letter of credit in the amount required by the City at all times.
6. Surety Release.
A. 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.
2. When all or a portion of the Municipal Improvements and 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 Municipal Improvements
and Improvements so installed except that the City shall retain the letter of
credit or surety in the amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty period and 5% of
the estimated construction price of the Municipal Improvements during the
second year of the warranty period.
i3. 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.
B. 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 Project - Costs and Expenses. In the event Developer should abandon the
proposed development of the Subject Property, the City's costs and expenses related to
attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility
report, plans and specifications, and any other expenses undertaken in reliance upon
Developer's various 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 Developer abandons
the project, in whole or in part, ceases substantial field work for more than nine (9) months,
fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or
fails to leave the abandoned property in a condition which can be mowed using conventional
lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking
whatever action is reasonably necessary to provide ground -cover and otherwise restore Said
Plat to the point where undeveloped grounds are level and covered with permanent vegetation
sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said
• Plat. In the event that said costs are not paid, the City may withdraw funds from the above -
mentioned surety for the purpose of paying the costs referred to in this paragraph.
8. Developer to Pay Cit_y'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 i
Agreement and the approval of Said Plat, as well as all reasonable engineering expenses
incurred by the City in approving and inspecting said Improvements and Municipal
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.
9. Erosion and Siltation 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 C, and as required by City ordinance.
Developer shall also install all erosion control measures deemed necessary by the City
Engineer should the erosion control plan prove inadequate in any respect.
10. Maintain Public Properly 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 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 b the City. Developer further
p g Y q Y Y p
agrees that any damage to public property occurring as a result of construction activity on the
Development 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.
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 attorney's fees incurred by the City as a result of such legal action.
11. Temporary Easement Rights. Developer shall provide access to the Subject Property at all
reasonable times to the City or its representatives for purposes of inspection or to accomplish
any necessary work pursuant to this Agreement.
U
12. 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
Developer, its contractors, subcontractors, materialmen, employees, agents, or third
parties during construction of improvements on Said Plat.
D. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
E. This Contract shall run with the land and shall be recorded against the title to the
. property.
F. 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 environmental regulations. If the City determines that Said Plat
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
Subject Property, Developer shall provide the City with evidence 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 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. Developer shall guarantee all new plantings required as part of any landscape plan shall
survive for two full years from the time the planting has been completed or will be
replaced at the expense of the Developer.
J. Developer shall obtain all required driveway, and other permits as required by
either the City Engineer, Wright County and/or the State of Minnesota.
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K. Developer shall provide to the City "As-Builts" of all sewers, water mains, and
roads. is
13. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and marketable title to
Subject Property, and upon completion of all construction work and certification of
completion by the City Engineer, shall make the following dedications to the City:
1. Developer shall dedicate drainage and utility easements to the City over,
under and across all drainage ponds located in Said Plat as the same are
identified on the attached Exhibit C.
2. Developer shall dedicate to the City all utility easements shown on Said
Plat.
B. Developer acknowledges and agrees that in order to satisfy the City's park dedication
requirements for Said Plat, Developer shall pay $7,500 per acre for all lots developed as
numbered lots. Said Plat consists of 4.04 acres of numbered lots. Therefore, Developer
shall pay the City a cash payment totaling $30,300.00.
14. Administrative Fee. A fee for City administration of this project shall be paid prior to the
City executing the Plat and this Agreement. Said fee shall be three percent of the estimated
construction costs of the Municipal Improvements within the Plat. The administrative fee
for this Plat is $ . Seventy-five percent of this fee shall be paid upon issuance of
the final Plat with the remaining twenty-five percent of the fee to be paid upon substantial
completion of the Municipal Improvements.
15. Indemnity. Developer shall hold the City and its officers, employees and agents harmless
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 parties shall have
no recourse against the City under this contract.
16. Assignment of 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.
17. Agreement Effect. This agreement shall be binding upon and extend to the representatives,
heirs, successor and assigns of the parties hereto.
18. Violation of Agreement.
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 mail), and if such default is not cured within
70
said thirty (30) day period, the City is hereby granted the right and the privilege to
S 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 of the 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 Said Plat pursuant to the
terms of this agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph 18(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. This paragraph of this Agreement shall not apply to any acts or rights of the City under
paragraph 5E, and no notice need be given to the Developer as a condition precedent to
the City 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 and/or occupancy permits until said breach is remedied.
19. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may
refuse to approve final plats of subsequent phases until public improvements for all prior
phases have been satisfactorily completed. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the City. Approval of
this phase of the Development shall not be construed as approval of future phases nor shall
approval of this phase bind the City to approve future Development phases. All future
Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance,
Subdivision ordinance, and other ordinances in effect at the time such future Development
phases are approved by the City.
20. 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.
21. Professional Fees. The Developer will pay all reasonable professional fees incurred by the
City as a result of City efforts to enforce the terms of this Agreement. 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 fees 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.
71
22. Allocation of Special Assessments. Special assessments in the amount of $ are •
currently levied against Said Plat. Developer agrees that the City may reapportion said special
assessments in the following manner: Lot 1, Block 2, 49.7% of outstanding special
assessments; Lot 2, Block 2, 50.3% of outstanding special assessments. Developer waives its
right to a public hearing under Minn. Stat. § 429.061 and § 429.071 regarding the
reapportionment of said special assessments.
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. Integration Clause, Modification by Written Agreement Only. This Agreement represents
the full and complete understanding of the parties and neither parry 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
Albertville Plaza, LLC
Suite 104, 75 Viking Drive
Little Canada, MN 55117
CITY OF ALBERTVILLE,
By
Don Peterson
Its Mayor
By
Bridget Miller
Its Clerk
ALBERTVILLE PLAZA, LLC
By
Its: Chief Manager
72
STATE OF MINNESOTA )
•) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, by Don Peterson as Mayor of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, by Bridget 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.
Notary Public
STATE OF MINNESOTA )
) ss.
is
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2006, by , as Chief Manager of Albertville Plaza, LLC.
Notary Public
DRAFTED BY:
Couri, MacArthur & Ruppe PLLP
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763)497-1930
is
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EXHIBIT A
The legal description of the property which is the subject of this Developer's Agreement is as follows: •
Lots 1 and 2, Albertville Plaza Second Addition, according to the plat of record on file in the
Wright County Recorder's Office, Wright County, Minnesota.
•
•
74
EXHIBIT B
Utility Plan
Exhibit C
Grading, Drainage and Erosion Control Plan
Exhibit D
Adjacent Property Legal Description
Exhibit E
Private Easement Descriptions
Exhibit F
Lot 3 Site Plan and Elevations
Exhibit G
Maintenance Agreement
•
•
75
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE DEVELOPMENT AGREEMENT
ALBERTVILLE MEDICAL BUILDING
(Albertville Medical Building II, LLC)
THIS AGREEMENT, entered into this day of , 2006 by and between
Albertville Medical Building II, LLC ("Developer"), and the CITY OF ALBERTVILLE, a political
subdivision of the State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A,
which real property is a portion of the property proposed to be subdivided and platted for development,
and which subdivision, which is the subject of this Agreement, is intended to bear the name
"Albertville Medical Building" and shall hereinafter be referred to in its entirety as "Said Plat" or
"Subject Property"; and
WHEREAS, Developer has received final plat approval for 1 numbered lot and one outlot that it
owns within Said Plat; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for
the parties and subsequent owners, the understandings and covenants of the parties concerning Said
Plat and the conditions imposed thereon; and
WHEREAS, approval of a Planned Unit Development is required to permit development of Said
Plat in the manner proposed by the Developer; and
WHEREAS, the City has given preliminary and final plat approval to Said Plat 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
sidewalk, trail(s), curb and gutter, grading, sanitary sewer, municipal water, storm sewer (hereafter
"Municipal Improvements") be installed to serve Said Plat and other properties affected by the
development of Developer's land, to be installed and financed 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 private streets, boulevards, top
77
soil and sod, grading control per lot, bituminous or concrete driveways, parking lots, 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 parry's promises and considerations herein set forth, as follows:
1. Planned Unit Development/Conditional Use Permit. Said Plat is hereby granted approval with
a Planned Unit Development/Conditional Use Permit with flexibility from the strict requirements
of the City's Zoning Ordinance in relation to selected items detailed in this paragraph.
J. The underlying zoning for said plat is B-2, Limited Business District. Developer shall
comply with said zoning district provisions, as amended from time to time, except where
deviations from such provisions is expressly required or permitted by this Agreement.
K. Developer agrees that all buildings shall be constructed within the building envelopes
illustrated on the attached Exhibit B. The exact building placement/design shall be subject
to site plan approval by the City Council except where specifically set out in this
agreement.
L. At the time of the recording of this Agreement at the Wright County Recorder's Office,
Developer shall record a cross -parking and access easement which will allow mutual cross -
parking and access between Lot 2, Block 1, Albertville Medical Building and all other lots
in the Albertville Medical Building plat. Such cross parking easements must meet the
approval of the City Attorney as to form and content. 0
M. In the event Lot 16, Block 1 of Prairie Run is rezoned to a commercial zoning, Developer
shall make available the cross -access easement as shown on the attached as Exhibit G, to
the owner of Lot 16, Block 1 of the subdivision "Prairie Run" (herein after "West Lot"), to
allow mutual cross -access between Outlot A in Albertville Medical Building and Lot 2,
Block 1, Albertville Medical Building (collectively, the burdened property) and the West
Lot (the benefiting property) utilizing the private drive in Said Plat to provide access to
County Road 18 provided that:
6. The owner of the West Lot agrees to construct those portions of the private
driveway located on Said Plat necessary to utilize the cross access easement. The
private drive shall be constructed to the same weight and width specifications of
the private drives as required by this Development Agreement, unless other
specifications are required by the City of Albertville at the time of construction;
7. The owner of the West Lot agrees that the costs of maintenance and repair of
those portions of the shared private driveways which are located on the West Lot
shall be borne by the owner of the West Lot. The owner of the West Lot shall be
responsible for 100% of the maintenance cost of that portion of the shared private
driveway located on Outlot A of Said Plat. Developer and the owner of the West
Lot may alter this cost sharing formula by mutual agreement.
8. The owner of the West Lot and the Developer agree that except for temporary and
reasonable activities required in connection with construction, maintenance,
78
repair and replacement, no obstruction which would prevent, restrict or otherwise
inhibit the passage of pedestrians or vehicles over any portion of the private
driveway shall be erected, condoned or permitted by the owner of any property
benefited with the private driveway, its tenants, invitees or licensees, nor shall
any other conduct, passive or affirmative, including but not limited to the parking
or storage of vehicles, be permitted which would in any manner restrict the rights
of the respective owners of any of the benefited property, their tenants, invitees
and licensees to fully utilize the shared private driveway for the purposes
permitted herein. However, in no event shall any owner allow any construction -
related traffic that will cause damage to the shared driveway to utilize the shared
driveway, nor shall any owner allow traffic to use said shared driveway which
has a weight rating which exceeds the weight rating for which said shared
driveway was designed and constructed.
9. The Developer agrees that should it fail to repair or maintain said shared private
driveway, that the owner of the West Lot may undertake making or causing any
defective condition existing on said private shared drive to be cleaned up,
repaired or maintained as outlined below:
a. For all conditions not arising from the accumulation or deposit of
snow on the shared drive, the owner of the West Lot shall give the
defaulting Developer fifteen (15) days notice via certified mail and
facsimile transmission thereof, and if the defaulting Developer fails to
• cure within 15 days of the notice (or fails to prosecute said cure
diligently to completion if it cannot reasonably be finished within said
15 day period), the owner of the West Lot will be granted the right and
the privilege to complete the defaulting Developer's obligations and to
bring legal action against the defaulting Developer to collect any sums
due for the cost of the work performed, plus all costs and attorney's fees
incurred in enforcing this Agreement.
b. The fifteen -day notice period shall be deemed to run from the date of
deposit in the United States Mail and the transmission of the facsimile.
C. For all conditions arising from the accumulation or deposit of snow on
the shared drive, the owner of the West Lot shall give the defaulting
Developer twenty-four hours notice via telephone and facsimile
transmission thereof, and if the defaulting Developer fails to cure within
said twenty-four hour period, the owner of the West Lot will be granted
the right and the privilege to complete the defaulting Developer's
obligations and to bring legal action against the defaulting Developer to
collect any sums due for the cost of the work performed, plus all costs
and attorney's fees incurred in enforcing this Agreement.
10. Developer shall enter into an easement agreement with the owner of the West
• Property in substantially the same form and substantially the same terms as
shown on the attached Exhibit G, provided the owner of the West Property
agrees to enter into said easement agreement.
79
N. Developer shall construct the number of parking stalls on Said Plat in the locations and
dimensions as shown on the attached Exhibit B •
O. All minimum building setbacks shall be in accordance with City, County and State
ordinances and laws.
P. Developer shall permit the construction of all private streets on Said Plat to a minimum
width of 24 feet from back of curb to back of curb, in the locations as shown on the
attached Exhibit B. Said private street shall be constructed in such a manner that it may be
expanded in the future to provide cross access pursuant to the provisions of Paragraph I(D)
of this agreement. Parking shall be prohibited at all times on all private streets, and all
private streets shall be posted with "no parking" signs installed by the Developer. Parking
on the private streets shall not be permitted unless specifically allowed by the Albertville
City Council. Developer shall install "No Parking" signs on the private streets in locations
required by the City Engineer.
Q. Developer shall maintain all private streets on Said Plat in a commercially reasonable
manner such that the streets are paved and plowed at all times and such that cars and
emergency vehicles can safely pass on said roads at all times. At the time of recording of
this Agreement at the Wright County Recorder's Office, Developer shall record a private
street maintenance agreement which requires all lots on the Albertville Medical Building
plat to maintain said private streets in a commercially reasonable manner as required by this
Agreement. Such maintenance agreement must meet the approval of the City Attorney as
to form and content and shall take the form of a Retail Property Owners' Association.
Upon recording of such documents and activation of the Retail Property Owners'
Association, Developer shall be relieved of the maintenance of such private streets except
to the extent Developer's maintenance obligations arise under the Retail Property Owners'
Association by virtue of Developer's ownership of property subject to such Retail Property
Owners' Association documents.
R. In the event the private streets are not maintained in accordance with this Agreement such
that said private streets pose a safety hazard to the general public, the City shall provide
forty-eight hours notice of deficient maintenance to the owners of all of the lots in Said
Plat, after which time the City may immediately require that commercial business not be
transacted on any lot in Said Plat to which access remains impaired or unsafe.
S. The Retail Property Owners' Association shall maintain all private roads, ponds and
common areas within Said Plat.
T. Monument signs will be allowed in the specified locations as shown on the attached Exhibit
E and in the configurations shown on the attached Exhibit H. All such monument signs
shall be maintained by the Property Owners' Association, and the documents creating the
Property Owners' Association shall specify which portions of the monument signs may be
used by the various lots within Said Plat. Developer shall provide the Property Owners'
Association with easements necessary to maintain such signs.
U. Developer has submitted a signage plan for Said Plat showing all existing and proposed •
signs. All signs shall have white lettering with a dark background. All signs shall be in
E
substantially the same location, configuration, height and material as shown on attached
Exhibit E.
V. Building signs shall not exceed 15% of the building face. Building signs will be allowed
on the front and rear of the buildings, or one side in lieu of a rear building sign.
W. This Agreement does not constitute building or site plan approval for Lot 2, Block 1 in Said
Plat. Developer must obtain building and site plan approval for all buildings constructed on
Said Plat.
X. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during
development of Said Plat shall be subject to review and approval by the City Engineer.
Y. Trees, shrubs, berms and screening are to be planted and installed on Said Plat as shown on
the landscape plan attached as Exhibit C. 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. Developer shall not plant any fruit bearing trees
within the landscaped islands. All landscaping on Said Plat as shown on attached Exhibit C
shall be installed no later than , 2006.
Z. Developer shall replace, at its own expense, any plantings on Said Plat as shown on
attached Exhibit C that might be damaged during the construction of any future buildings
on Said Plat. Developer shall guarantee that all plantings replaced pursuant to this
. paragraph shall survive for two full years from the date of planting.
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.
2. Construction of On- and Off -Site Improvements.
A. Developer shall construct all on- and off -site improvements including installation of
curb and gutter, sidewalks, 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, bermng, and like items as necessary, street cleanup during
project development, and erosion control, all as required by City ordinance, except that
Developer shall not be responsible for installing any such improvements on any lot
is other than Lot 2, Block 1 Albertville Medical Building. All private streets shall be
installed according to the plans and specifications for Albertville Medical Building, as
prepared by HDR Jordan Architects and Paramount Engineering and Design dated
81
, 2006 and on file with the City Clerk. All yard areas shall be sodded
with grass or landscaped in accordance with the attached Landscaping Plan. In all cases •
permanent turf or grass must be established over all areas of the lot not covered by a
hard or impervious surface, ponding or wetlands. Said on- and off -site improvements
shall be installed no later than , 2006, with the exception of erosion
control, drainage swales and berming, which shall be installed upon initial grading of
Said Plat, and except that the parking lot for Lot 2, Block 1, which may be constructed
when a building is constructed on such lot.
B. Developer shall, at its own expense, cause the following items to be installed within
Said Plat, all such items to be installed under ground, within the street right of way or
within the private street easements 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:
i. Electrical power supply, to be provided by Xcel Energy or other such carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other such carrier;
iii. 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 streetlights 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.
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 abide by the
City Engineer's requirements for silt fencing of the lots and access to the lots during
building construction.
E. Developer has submitted a lighting plan for Said Plat showing all existing and proposed
lights. All light poles and exterior lights will be a 90-degree full cut-off. Developer
shall install said lights on Said Plat in substantially the same location, configuration and
material as shown on attached Exhibit D.
F. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install
to the City's satisfaction improvements for each lot or parcel prior to the date that a
certificate of occupancy (temporary or permanent) is issued by the City for a building
located on the lot, unless the certificate of occupancy is issued after October 1 st and
before March 30th in any given year, in which case a temporary certificate of
occupancy shall be issued if all on- and off -site improvements except landscaping and
sod have been installed. In such cases, the Developer shall cause the required
landscaping and sod to be installed by the first June 30'' following the issuance of the
occupancy permit.
3. 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
$ .00 representing the sum of $10,000 and 150% of the estimated cost
for landscaping/screening materials ($ .00). 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 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, 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 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, refund to the Developer any monies which the City has in
its possession which are in excess of the actual costs of the project as paid by the City.
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.
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.
4. Surety Release.
• A. Periodically, as payments are made by the Developer for the completion of portions of
the on- and off -site Improvements, and when it is reasonably prudent, the Developer
may request of the City that the surety be proportionately reduced for that portion of the
on- and off -site Improvements which have been fully completed and payment made
83
therefore. 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 release of any surety as follows:
i. When another acceptable letter of credit or surety is furnished to the City to
replace a prior letter of credit or surety.
ii. When the Developer has fulfilled all of its obligations under this Agreement.
iii. 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.
D. 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.
5. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the proposed development of 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 Developer abandons the project, t
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 Said Plat, or fails to leave the
abandoned property in a condition which can be mowed using conventional lawn mowing
equipment, Developer agrees to pay all costs the City may incur in taking whatever action is
reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where
undeveloped grounds are level and covered with permanent vegetation sufficient to prevent
continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said
costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose
of paying the costs referred to in this paragraph.
6. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all reasonable
administrative, legal, planning, engineering and other professional costs incurred in the creation,
administration, enforcement or execution of this Agreement and the approval of Said Plat, as well
as all reasonable engineering expenses incurred by the City in designing, approving, installing, and
inspecting said Improvements described above. Developer agrees to pay all such costs within 30
days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the
City to reimburse itself from said surety and/or assess the amount owed against any or all of Said
Plat without objection.
7. 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 $1,600.00 per acre and $1,400.00 per acre respectively, upon development of
said Plat. There are 1.14 acres owned by Developer in said Plat, which received final plat
• approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for all of Developer's
property receiving final plat approval is $3,420.00 ($1,824.00 in sewer fees calculated as
$1,600.00 x 1.14 acres and $1,596.00 in water fees calculated as $1,400.00 x 1.14 acres).
8. Erosion and Siltation 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 F. Developer shall also install all erosion control measures deemed necessary by
the City Engineer should the erosion control plan prove inadequate in any respect.
9. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any county ditch or other
ditch through which water from Said Plat may drain, and shall make any necessary improvements
or go through any necessary procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
10. Maintain Public Property 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 watermain, sanitary sewer or storm sewer when said damage
occurs as a result of the activity which takes place during the development of Said Plat. The
Developer further agrees to pay all costs required to repair the streets, utility systems and other
public property damaged or cluttered with debris when occurring as a direct or indirect result of the
construction that takes place in Said Plat.
Developer agrees to clean the streets on a daily basis if required by the City. Developer further
agrees that any damage to public property occurring as a result of construction activity on Said
Plat will be repaired immediately if deemed to be an emergency by the City. Developer further
agrees that any damage to public property as a result of construction activity on Said Plat will be
repaired within 14 days if not deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property, the City may
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 Said Plat and/or take
necessary legal action to recover such costs and the Developer agrees that the City shall be entitled
to attorney's fees incurred by the City as a result of such legal action.
11. Temporary Easement Rights.
• Developer shall provide access to Said Plat at all reasonable times to the City or its representatives
for purposes of inspection or to accomplish any necessary work pursuant to this Agreement.
M.
12. 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.
E. This Contract shall run with the land and shall be recorded against the title to the
property. 0
F. 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 environmental regulations. If the City determines that Said Plat
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
Said Plat, Developer shall provide the City with evidence of good and marketable title
to all of Said Plat. 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 Said Plat depending upon when building permits are
86
applied for and that such delay in capacity availability may also delay the issuance of
• building permits for some lots within Said Plat.
J. 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.
13. Violation of Agreement.
E. 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 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 of the 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 Said Plat pursuant to the
terms of this agreement.
F. Notwithstanding the 30-day notice period provided for in paragraph 13(A) above, in the
event that a default by Developer will reasonably result in irreparable harm to the
40 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.
G. Paragraph 13A of this Agreement shall not apply to any acts or rights of the City under
paragraph 3F, and no notice need be given to the Developer as a condition precedent to
the City 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.
H. Breach of any of the terms of this Contract by the Developer shall be grounds for denial
of building permits.
14. Dedications to the City.
A. Municipal Improvement Dedications.
. The Developer, upon completion of all construction work and certification of
completion by the City Engineer, 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 Dedication.
The Developer is required to pay a cash contribution of $8,550.00 in satisfaction of
the City's park and trail dedication requirements. This charge is calculated as
follows: 1.14 gross acres x $7,500 per acre = $8,550.00. Developer shall pay this
amount prior to the release of the final plat by the City.
15. Phased Development.
Approval of this phase of Said Plat 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.
16. 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 approval
and development of Said Plat. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses that the City may pay or incur in consequence of
such claims, including attorney's fees. Third parties shall have no recourse against the City •
under this contract.
17. Assignment of 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.
18. Release of Prior Developer's Agreement. Upon the recording of this Agreement at the Wright
County Recorder's Office, that Developer's Agreement titled "City of Albertville, Planned Unit
Development Agreement, Prairie Run" and recorded as Document No. 940358 at the Wright
County Recorder's Office, Wright County, Minnesota, is hereby released as it applies to the
property described on Exhibit A to this Agreement.
19. Limited Approval.
Approval of this Agreement by the City Council in no way constitutes approval of anything
other than that, which is explicitly specified in this Agreement.
20. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City as a result of City •
efforts to enforce the terms of this Agreement. 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.
21. 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.
22. Integration Clause, Modification by Written Agreement 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.
23. 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
Albertville Medical Building II, LLC
24. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs, successors and
assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Donald Peterson
Its Mayor
By
Bridget Miller
Its Clerk
:•
ALBERTVILLE MEDICAL BUILDING II, LLC
•
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, 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.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of 40
, 2006, by Bridget 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.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
, 2006, by as
Building II, LLC.
Notary Public
DRAFTED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
day of
of Albertville Medical
•
I'
• EXHIBIT A TO DEVELOPER'S AGREEMENT
e
The legal description of the Plat to which this Developer's Agreement applies is as follows:
Lot 2, Block 1
Outlot A
All said property is located in the plat of Albertville Medical Building, City of Albertville, County
of Wright, Minnesota.
91
EXHIBIT B
Site Plan
EXHIBIT C
Landscape Plan
EXHIBIT D
Lighting Plan
EXHIBIT E
Signage Plan
EXHIBIT F
Grading Plan
EXHIBIT G
Cross Access Easement for Lot 16, Block 1, Prairie Run
EXHIBIT H
Monument Sign Configurations
•
92
• EXHIBIT I
ACCESS EASEMENT
Albertville Medical Building, LLC, a limited liability company organized under the laws of the
State of Minnesota, and Albertville Medical Building Il, LLC, a limited liability company organized
under the laws of the State of Minnesota, (hereinafter collectively referred to as "Developer") and Bob
Huering and Christine Huering, ("West Lot Owner"), hereby grant perpetual, reciprocal easements of
access according to the following terms:
Developer owns Lot 1 and 2, and Outlot A of the plat of Albertville Medical Building, Wright
County, Minnesota ("Medical Property").
2. West Lot Owner owns property described as Lot 16, Block 1 of the subdivision "Prairie Run"
Wright County, Minnesota ("West Property").
3. Developer shall permit ingress and egress to and from the West Lot over the Medical Property at
the location shown on the attached Exhibit A ("Shared Private Driveway").
4. The benefited and burdened properties under this Agreement are the West Lot Property and the
Medical Property respectively.
5. The owner of the West Lot agrees to construct at its own expense those portions of the Shared
Private Driveway to be located on the Medical Property in the location shown on the attached
Exhibit A, which is necessary to utilize the cross access easement. The private drive shall be
constructed to the same weight and width specifications as required by the Development
Agreement for the Medical Property, unless other specifications are required by the City of
Albertville at the time of construction.
6. The owner of the West Lot agrees that the costs of maintenance and repair of that portion of the
Shared Private Driveway, which is located on the West Lot, shall be borne by the owner of the
West Lot. The owner of the West Lot shall be responsible for the percentage of the maintenance
cost of that portion of the Shared Private Driveway located on the Medical Property in
proportion to the total acreage of the West Lot to the total acreage on the Albertville Medical
Building plat. For purposes of snow removal, costs attributable to the Shared Private Drive on
the Medical Property shall be apportioned proportionate to the amount of square footage of
Shared Private Drive on the Medical Property to the total square footage of parking lot and total
private drive on the Medical Property. Other maintenance costs shall be apportioned based on
actual maintenance costs incurred for work on the Shared Private Drive located on the Medical
Property.
7. Except for temporary and reasonable activities required in connection with construction,
maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise
inhibit the passage of pedestrians or vehicles over any portion of the Shared Private Driveway
shall be erected, condoned or permitted by the owner of any property benefited by the Shared
Private Driveway, its tenants, invitees or licensees, nor shall any other conduct, passive or
affirmative, including but not limited to the parking or storage of vehicles, be permitted which
would in any manner restrict the rights of the respective owners of any of the benefited property,
93
their tenants, invitees and licensees to fully utilize the Shared Private Driveway for the purposes
permitted herein. However, in no event shall any owner allow any construction -related traffic •
that will cause damage to the Shared Private Driveway to utilize the Shared Private Driveway,
nor shall any owner allow traffic to use said Shared Private Driveway which has a weight rating
which exceeds the weight rating for which said Shared Private Driveway was designed and
constructed.
8. Should an owner fail to repair or maintain that portion of said Shared Private Driveway located
on said owner's property, the other owner may undertake making or causing any defective
condition existing on said Shared Private Drive to be cleaned up, repaired or maintained as
outlined below:
a. For all conditions not arising from the accumulation or deposit of snow
on the shared drive, the other owner shall give the defaulting owner fifteen
(15) days notice via certified mail and facsimile transmission thereof, and if
the defaulting owner fails to cure within 15 days of the notice (or fails to
prosecute said cure diligently to completion if it cannot reasonably be
finished within said 15 day period), the other owner will be granted the right
and the privilege to complete the defaulting owner's obligations and to
bring legal action against the defaulting owner to collect any sums due for
the cost of the work performed, plus all costs and attorney's fees incurred in
enforcing this Agreement.
b. The fifteen -day notice period shall be deemed to run from the date of
deposit in the United States Mail and the transmission of the facsimile. 0
For all conditions arising from the accumulation or deposit of snow on the
shared drive, the other owner shall give the defaulting owner twenty-four
hours notice via telephone and facsimile transmission thereof, and if the
defaulting owner fails to cure within said twenty-four hour period, the other
owner will be granted the right and the privilege to complete the defaulting
owner's obligations and to bring legal action against the defaulting owner to
collect any sums due for the cost of the work performed, plus all costs and
attorney's fees incurred in enforcing this Agreement.
Dated:
[Signature Blocks]
[Notary Blocks]
["Drafted by" Statement}
•
s
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE DEVELOPMENT AGREEMENT
ALBERTVILLE MEDICAL BUILDING
(Albertville Medical Building, LLC)
THIS AGREEMENT, entered into this day of , 2006 by and between
Albertville Medical Building, LLC, ("Developer"), and the CITY OF ALBERTVILLE, a political
subdivision of the State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A,
which real property is a portion of the property proposed to be subdivided and platted for development,
and which subdivision, which is the subject of this Agreement, is intended to bear the name
• "Albertville Medical Building" and shall hereinafter be referred to in its entirety as "Said Plat" or
"Subject Property"; and
WHEREAS, Developer has received final plat approval for 1 numbered lot that it owns within
Said Plat; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for
the parties and subsequent owners, the understandings and covenants of the parties concerning Said
Plat and the conditions imposed thereon; and
WHEREAS, approval of a Planned Unit Development is required to permit development of Said
Plat in the manner proposed by the Developer; and
WHEREAS, the City has given preliminary and final plat approval to Said Plat 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
sidewalk, trail(s), curb and gutter, grading, sanitary sewer, municipal water, storm sewer (hereafter
"Municipal Improvements") be installed to serve Said Plat and other properties affected by the
development of Developer's land, to be installed and financed 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 private streets, boulevards, top
soil and sod, grading control per lot, bituminous or concrete driveways, parking lots, drainage swales,
95
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 parry's promises and considerations herein set forth, as follows:
1. Planned Unit Development/Conditional Use Permit. Said Plat is hereby granted approval
with a Planned Unit Development/Conditional Use Permit with flexibility from the strict
requirements of the City's Zoning Ordinance in relation to selected items detailed in this
paragraph.
A. The underlying zoning for said plat is B-2, Limited Business District. Developer shall
comply with said zoning district provisions, as amended from time to time, except where
deviations from such provisions is expressly required or permitted by this Agreement.
B. Developer agrees that all buildings shall be constructed within the building envelopes
illustrated on the attached Exhibit B. The exact building placement/design shall be
subject to site plan approval by the City Council except where specifically set out in this
agreement.
C. The building on Lot 1 Block 1 shall be constructed consistent with the elevations
attached as Exhibit H. Building and site plans for buildings to be constructed on other
lots in Said Plat shall first be submitted to the City for approval.
D. At the time of the recording of this Agreement at the Wright County Recorder's Office, •
Developer shall record a cross -parking and access easement which will allow mutual
cross -parking and access between Lot 1, Block 1 in Said Plat and Lot 2, Block 1,
Albertville Medical Building. Such cross parking easements must meet the approval of
the City Attorney as to form and content.
E. The trash enclosure for the building located on Lot 1, Block 1 shall be directly adjacent
to the property line as shown on Exhibit B.
F. In the event Lot 16, Block 1 of Prairie Run is rezoned to a commercial zoning,
Developer shall make available the cross -access easement as shown on the attached as
Exhibit J, to the owner of Lot 16, Block 1 of the subdivision "Prairie Run" (herein after
"West Lot"), to allow mutual cross -access between Outlot A in Said Plat and Lot 2,
Block 1, Albertville Medical Building (collectively, the burdened property) and the
West Lot (the benefiting property) utilizing the private drive in Said Plat to provide
access to County Road 18 provided that:
1. The owner of the West Lot agrees to construct those portions of the private
driveway located on Said Plat necessary to utilize the cross access easement.
The private drive shall be constructed to the same weight and width
specifications of the private drives as required by this Development
Agreement, unless other specifications are required by the City of Albertville
at the time of construction; •
.4
2. The owner of the West Lot agrees that the costs of maintenance and repair of
• those portions of the shared private driveways which are located on the West
Lot shall be borne by the owner of the West Lot. The owner of the West Lot
shall be responsible for 100% of the maintenance cost of that portion of the
shared private driveway located on Outlot A of Said Plat. Developer and the
owner of the West Lot may alter this cost sharing formula by mutual agreement.
3. The owner of the West Lot and the Developer agree that except for temporary
and reasonable activities required in connection with construction,
maintenance, repair and replacement, no obstruction which would prevent,
restrict or otherwise inhibit the passage of pedestrians or vehicles over any
portion of the private driveway shall be erected, condoned or permitted by the
owner of any property benefited with the private driveway, its tenants,
invitees or licensees, nor shall any other conduct, passive or affirmative,
including but not limited to the parking or storage of vehicles, be permitted
which would in any manner restrict the rights of the respective owners of any
of the benefited property, their tenants, invitees and licensees to fully utilize
the shared private driveway for the purposes permitted herein. However, in
no event shall any owner allow any construction -related traffic that will cause
damage to the shared driveway to utilize the shared driveway, nor shall any
owner allow traffic to use said shared driveway which has a weight rating
which exceeds the weight rating for which said shared driveway was designed
and constructed.
• 4. The Developer agrees that should it fail to repair or maintain said shared
private driveway, that the owner of the West Lot may undertake making or
causing any defective condition existing on said private shared drive to be
cleaned up, repaired or maintained as outlined below:
a. For all conditions not arising from the accumulation or deposit of
snow on the shared drive, the owner of the West Lot shall give the
defaulting Developer fifteen (15) days notice via certified mail and
facsimile transmission thereof, and if the defaulting Developer fails to
cure within 15 days of the notice (or fails to prosecute said cure
diligently to completion if it cannot reasonably be finished within said 15
day period), the owner of the West Lot will be granted the right and the
privilege to complete the defaulting Developer's obligations and to bring
legal action against the defaulting Developer to collect any sums due for
the cost of the work performed, plus all costs and attorney's fees incurred
in enforcing this Agreement.
b. The fifteen -day notice period shall be deemed to run from the date of
deposit in the United States Mail and the transmission of the facsimile.
C. For all conditions arising from the accumulation or deposit of snow on
the shared drive, the owner of the West Lot shall give the defaulting
• Developer twenty-four hours notice via telephone and facsimile
transmission thereof, and if the defaulting Developer fails to cure within
said twenty-four hour period, the owner of the West Lot will be granted
97
the right and the privilege to complete the defaulting Developer's
obligations and to bring legal action against the defaulting Developer to
collect any sums due for the cost of the work performed, plus all costs •
and attorney's fees incurred in enforcing this Agreement.
5. Developer shall enter into an easement agreement with the owner of the
West Lot in substantially the same form and substantially the same terms
as shown on the attached Exhibit J, provided the owner of the West Lot
agrees to enter into said easement agreement.
G. Developer shall construct the number of parking stalls on Said Plat in the locations and
dimensions as shown on the attached Exhibit B
H. All minimum building setbacks shall be in accordance with City, County and State
ordinances and laws.
I. Developer shall construct all private streets on Said Plat and that portion of the private
street located on Lot 2, Block 1, Albertville Medical Building, to a minimum width of 24
feet from back of curb to back of curb, in the locations as shown on the attached Exhibit
B. Said private street shall be constructed in such a manner that it may be expanded in the
future to provide cross access pursuant to the provisions of Paragraph 1(F) of this
agreement. Parking shall be prohibited at all times on all private streets, and all private
streets shall be posted with "no parking" signs installed by the Developer. Parking on the
private streets shall not be permitted unless specifically allowed by the Albertville City
Council. Developer shall install "No Parking" signs on the private streets in locations
required by the City Engineer.
J. Developer shall maintain all private streets on Said Plat in a commercially reasonable
manner such that the streets are paved and plowed at all times and such that cars and
emergency vehicles can safely pass on said roads at all times. At the time of recording of
this Agreement at the Wright County Recorder's Office, Developer shall record a private
street maintenance agreement which requires all lots on the Albertville Medical Building
plat to maintain said private streets in a commercially reasonable manner as required by
this Agreement. Such maintenance agreement must meet the approval of the City
Attorney as to form and content and shall take the form of a Retail Property Owners'
Association. Upon recording of such documents and activation of the Retail Property
Owners' Association, Developer shall be relieved of the maintenance of such private
streets except to the extent Developer's maintenance obligations arise under the Retail
Property Owners' Association by virtue of Developer's ownership of property subject to
such Retail Property Owners' Association documents.
K. In the event the private streets are not maintained in accordance with this Agreement such
that said private streets pose a safety hazard to the general public, the City shall provide
forty-eight hours notice of deficient maintenance to the owners of all of the lots in Said
Plat, after which time the City may immediately require that commercial business not be
transacted on any lot in Said Plat to which access remains impaired or unsafe.
L. The Retail Property Owners' Association shall maintain all private roads, ponds and •
common areas within Said Plat.
W•
• M. Monument signs will be allowed in the specified locations as shown on the attached
Exhibit F and in the configurations shown on the attached Exhibit I. All such monument
signs shall be maintained by the Property Owners' Association, and the documents
creating the Property Owners' Association shall specify which portions of the monument
signs may be used by the various lots within Said Plat. Developer shall provide the
Property Owners' Association with easements necessary to maintain such signs.
N. Developer has submitted a signage plan for Said Plat showing all existing and proposed
signs. All signs shall have white lettering with a dark background. All signs shall be in
substantially the same location, configuration, height and material as shown on attached
Exhibit F.
O. Building signs shall not exceed 15% of the building face. Building signs will be allowed
on the front and rear of the buildings, or one side in lieu of a rear building sign.
P. All grading, drainage, utility, wetland mitigation, and transportation issues that arise
during development of Said Plat shall be subject to review and approval by the City
Engineer.
Q. Trees, shrubs, berms and screening are to be planted and installed as shown on the
landscape plan attached as Exhibit C. 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. Developer shall not plant any fruit bearing trees
within the landscaped islands. All landscaping on Said Plat as shown on attached Exhibit
C shall be installed no later than .2006.
R. Developer shall replace, at its own expense, any plantings on Said Plat as shown on
attached Exhibit C that might be damaged during the construction of any future buildings
on Said Plat. Developer shall guarantee that all plantings replaced pursuant to this
paragraph shall survive for two full years from the date of planting.
S. 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.
2. Construction of Municipal Improvements.
• A. The Developer shall construct those Municipal Improvements located on and off Said
p P p
Plat as detailed in the Plans and Specifications for Albertville Medical Building, as
Z
prepared by Paramount Engineering and Design dated , 2006 and on
file with the City Clerk, said improvements to include installation of water mains, is
and storm sewers, curb, gutter, and sidewalk. 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 , 2006.
B. The Developer warrants to the City for a period of two years from the date the City
accepts the finished Municipal Improvements that all such improvements have been
constructed to City standards and shall suffer no significant impairments, either to the
structure or to the surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
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 surety and pay any contractors who performed
work on any Municipal Improvements and whom Developer has failed to fully pay for
the performance of said work.
D. The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times as the City may deem necessary)
during the construction and installation of said Municipal Improvements. Developer
agrees to pay for all costs incurred by the City during said inspections. •
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, sidewalks, 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,
except that Developer shall not be responsible for installing any such improvements on
Lot 2, Block I Albertville Medical Building except for the private drive connecting
Said Plat to CSAH 18. All private streets shall be installed according to the plans and
specifications for Albertville Medical Building, as prepared by HDR Jordan Architects
and Paramount Engineering and Design dated , 2006 and on file with
the City Clerk. All yard areas shall be sodded with grass or landscaped in accordance
with the attached Landscaping Plan. In all cases permanent turf or grass must be
established over all areas of the lot not covered by a hard or impervious surface,
ponding or wetlands. Said on- and off -site improvements shall be installed no later than
, 2006, with the exception of erosion control, drainage swales and
berming, which shall be installed upon initial grading of Said Plat, and except that the
parking lot for Outlot B may be constructed when a building is constructed on such
respective lot.
B. Developer shall, at its own expense, cause the following items to be installed within
Said Plat, all such items to be installed under ground, within the street right of way or
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within the private street easements 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:
i. Electrical power supply, to be provided by Xcel Energy or other such carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other such carrier;
iii. 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 streetlights 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 D.
Developer agrees to have all utilities installed according to this Exhibit D.
G. 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 abide by the
City Engineer's requirements for silt fencing of the lots and access to the lots during
building construction.
H. Developer has submitted a lighting plan for Said Plat showing all existing and proposed
lights. All light poles and exterior lights will be a 90-degree full cut-off. Developer
shall install said lights in substantially the same location, configuration and material as
shown on attached Exhibit E, except that Developer shall not be responsible for the
installation of lights on Lot 2, Block 1, Albertville Medical Building.
I. Developer has submitted a grading plan for Said Plat attached as Exhibit G. Developer
shall implement the grading plan, including the grading on Lot 2, Block 1, Albertville
Medical Building, in a manner that will minimize soil erosion.
J. 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 1 st and
before March 30th in any given year, in which case a temporary certificate of
occupancy shall be issued if all on- and off -site improvements except landscaping and
sod have been installed. In such cases, the Developer shall cause the required
landscaping and sod to be installed by the first June 30'h following the issuance of the
is
occupancy permit.
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4. 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
$ .00 representing the sum of 100% of the estimated cost of the
Municipal Improvements ($ .00), 100% of the estimated cost of the
private streets ($ .00), and 150% of the estimated cost for
landscaping/screening materials ($ .00). 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 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, refund to the Developer any monies which the City has in
its possession which are in excess of the actual costs of the project as paid by the City.
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.
F. In the event a surety referred to herein is in the form of an irrevocable letter of credit,
which by its terms may become null and void prior to the time at which all monetary or
other obligations of the Developer are paid or satisfied, it is agreed that the Developer
shall provide the City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter of credit. If a
new letter of credit is not received as required above, the City may without notice to
Developer declare a default in the terms of this Agreement and thence draw in part or in
total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety
for the continued obligation. The form of any irrevocable letter of credit or other surety
must be approved by the City Attorney prior to its issuance.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of portions of •
the Municipal Improvements and/or on- and off -site Improvements, and when it is
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reasonably prudent, the Developer may request of the City that the surety be
. proportionately reduced for that portion of the Municipal Improvements and on- and
off -site improvements which have been fully completed and payment made therefore.
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:
i. When another acceptable letter of credit or surety 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 portion of improvements so installed,
except that the City shall retain the letter of credit or surety in the amount of
10% of the estimated construction price of the Municipal Improvements during
the first year of the warranty period and 5% of the estimated construction price
of the Municipal Improvements during the second year of the warranty period.
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.
iii. 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.
E. 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.
F. 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, except that the portion of the letter of credit or other surety attributable to
the wetland mitigation, if any, may remain in force for a period of five years or until the
City Council has determined that the mitigated wetlands will remain viable and no further
monitoring is necessary.
6. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the proposed development of 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 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 Said Plat, or fails to leave the
abandoned property in a condition which can be mowed using conventional lawn mowing
equipment, Developer agrees to pay all costs the City may incur in taking whatever action is
103
reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where
undeveloped grounds are level and covered with permanent vegetation sufficient to prevent
continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said is
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.
7. Developer to Pay Cityy's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all reasonable
administrative, legal, planning, engineering and other professional costs incurred in the creation,
administration, enforcement or execution of this Agreement and the approval of Said Plat, as well
as all reasonable engineering expenses incurred by the City in designing, approving, installing, and
inspecting said Improvements described above. Developer agrees to pay all such costs within 30
days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the
City to reimburse itself from said surety and/or assess the amount owed against any or all of Said
Plat without objection.
8. 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 $1,600.00 per acre and $1,400.00 per acre respectively, upon development of
said Plat. There are 3.67 acres owned by Developer in said Plat, which received final plat
approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for all of Developer's
property receiving final plat approval is $11,010.00 ($5,872.00 in sewer fees calculated as
$1,600.00 x 3.67 acres and $5,138.00 in water fees calculated as $1,400.00 x 3.67 acres).
9. Erosion and Siltation 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 G. Developer shall also install all erosion control measures deemed necessary by
the City Engineer should the erosion control plan prove inadequate in any respect.
10. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any county ditch or other
ditch through which water from Said Plat 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.
11. Maintain Public Properly 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 watermain, sanitary sewer or storm sewer when said damage
occurs as a result of the activity which takes place during the development of Said Plat. The
Developer further agrees to pay all costs required to repair the streets, utility systems and other
public property damaged or cluttered with debris when occurring as a direct or indirect result of the
construction that takes place in Said Plat. 0
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Developer agrees to clean the streets on a daily basis if required by the City. Developer further
agrees that any damage to public property occurring as a result of construction activity on Said
Plat will be repaired immediately if deemed to be an emergency by the City. Developer further
agrees that any damage to public property as a result of construction activity on Said Plat will be
repaired within 14 days if not deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property, the City may
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 Said Plat and/or take
necessary legal action to recover such costs and the Developer agrees that the City shall be entitled
to attorney's fees incurred by the City as a result of such legal action.
12. Temporary Easement Rights.
Developer shall provide access to Said Plat at all reasonable times to the City or its representatives
for purposes of inspection or to accomplish any necessary work pursuant to this Agreement.
13. 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.
E. This Contract shall run with the land and shall be recorded against the title to the
property.
F. 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,
iszoning ordinances, and environmental regulations. If the City determines that Said Plat
does not comply, the City may, at its option, refuse to allow construction or
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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
Said Plat, Developer shall provide the City with evidence of good and marketable title
to all of Said Plat. 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.
L 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 Said Plat depending upon when building permits are
applied for and that such delay in capacity availability may also delay the issuance of
building permits for some lots within Said Plat.
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.
14. Violation of Agreement.
I. 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 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 of the 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 Said Plat pursuant to the
terms of this agreement.
J. Notwithstanding the 30-day notice period provided for in paragraph 14(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
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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.
K. Paragraph 14A of this Agreement shall not apply to any acts or rights of the City under
paragraph 4F, and no notice need be given to the Developer as a condition precedent to
the City 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.
L. Breach of any of the terms of this Contract by the Developer shall be grounds for denial
of building permits.
15. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon completion of all construction work and certification of
completion by the City Engineer, 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 Dedication.
. The Developer is required to pay a cash contribution of $27,525.00 in satisfaction of
the City's park and trail dedication requirements. This charge is calculated as
follows: 3.67 gross acres x $7,500 per acre = $27,525.00. Developer shall pay this
amount prior to the release of the final plat by the City.
•
16. Administrative Fees.
A fee for City administration of this project shall be paid prior to the City executing
the Plat and this Agreement. Said fee shall be 3.25% of the estimated construction
costs of the Municipal Improvements within the Plat. The administrative fee for this
Plat is $ .00. Seventy-five percent of this fee shall be paid upon issuance
of the final Plat with the remaining twenty-five percent of the fee to be paid upon
substantial completion of the Municipal Improvements.
17. Phased Development.
Approval of this phase of Said Plat 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.
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18. 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 approval
and development of Said Plat. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses that the City may pay or incur in consequence of
such claims, including attorney's fees. Third parties shall have no recourse against the City
under this contract.
19. Assignment of 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.
20. Release of Prior Developer's Agreement. Upon the recording of this Agreement at the Wright
County Recorder's Office, that Developer's Agreement titled "City of Albertville, Planned Unit
Development Agreement, Prairie Run" and recorded as Document No. 940358 at the Wright
County Recorder's Office, Wright County, Minnesota, is hereby released as it applies to the
property described on Exhibit A to this Agreement.
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. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City as a result of City
efforts to enforce the terms of this Agreement. 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.
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. Integration Clause, Modification by Written Agreement 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
Albertville Medical Building, LLC
5455 Highway 169
Plymouth, MN 55442
26. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs, successors and
assigns of the parties hereto.
•
LIM
Its:
•
CITY OF ALBERTVILLE,
Donald Peterson
Its Mayor
Bridget Miller
Its Clerk
ALBERTVILLE MEDICAL BUILDING, LLC
109
STATE OF MINNESOTA )
•COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, 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.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, by Bridget 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.
Notary Public
STATE OF MINNESOTA
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, by , as of Albertville Medical
Building, LLC.
Notary Public
DRAFTED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763)497-1930
•
110
•
•
EXHIBIT 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
All said property is located in the plat of Albertville Medical Building, City of Albertville, County
of Wright, Minnesota.
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EXHIBIT B
Site Plan
EXHIBIT C
Landscape Plan
EXHIBIT D
Sanitary Sewer, Water Main, Storm Sewer and Street Plan
EXHIBIT E
Lighting Plan
EXHIBIT F
Signage Plan
EXHIBIT G
Grading Plan
EXHIBIT H
Elevations for building on Lot 1, Block 1
EXHIBIT I
Cross Access Easement for Lot 16, Block 1, Prairie Run
•
•
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0 EXHIBIT J
ACCESS EASEMENT
Albertville Medical Building, LLC, a limited liability company organized under the laws of the
State of Minnesota, and Albertville Medical Building II, LLC, a limited liability company organized
under the laws of the State of Minnesota, (hereinafter collectively referred to as "Developer") and Bob
Huering and Christine Huering, ("West Lot Owner"), hereby grant perpetual, reciprocal easements of
access according to the following terms:
9. Developer owns Lot 1 and 2, and Outlot A of the plat of Albertville Medical Building, Wright
County, Minnesota ("Medical Property").
10. West Lot Owner owns property described as Lot 16, Block 1 of the subdivision "Prairie Run"
Wright County, Minnesota ("West Property").
11. Developer shall permit ingress and egress to and from the West Lot over the Medical Property at
the location shown on the attached Exhibit A ("Shared Private Driveway").
12. The benefited and burdened properties under this Agreement are the West Lot Property and the
Medical Property respectively.
13. The owner of the West Lot agrees to construct at its own expense those portions of the Shared
Private Driveway to be located on the Medical Property in the location shown on the attached
Exhibit A, which is necessary to utilize the cross access easement. The private drive shall be
constructed to the same weight and width specifications as required by the Development
Agreement for the Medical Property, unless other specifications are required by the City of
Albertville at the time of construction.
14. The owner of the West Lot agrees that the costs of maintenance and repair of that portion of the
Shared Private Driveway, which is located on the West Lot, shall be borne by the owner of the
West Lot. The owner of the West Lot shall be responsible for the percentage of the maintenance
cost of that portion of the Shared Private Driveway located on the Medical Property in
proportion to the total acreage of the West Lot to the total acreage on the Albertville Medical
Building plat. For purposes of snow removal, costs attributable to the Shared Private Drive on
the Medical Property shall be apportioned proportionate to the amount of square footage of
Shared Private Drive on the Medical Property to the total square footage of parking lot and total
private drive on the Medical Property. Other maintenance costs shall be apportioned based on
actual maintenance costs incurred for work on the Shared Private Drive located on the Medical
Property.
15. Except for temporary and reasonable activities required in connection with construction,
maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise
inhibit the passage of pedestrians or vehicles over any portion of the Shared Private Driveway
shall be erected, condoned or permitted by the owner of any property benefited by the Shared
Private Driveway, its tenants, invitees or licensees, nor shall any other conduct, passive or
affirmative, including but not limited to the parking or storage of vehicles, be permitted which
would in any manner restrict the rights of the respective owners of any of the benefited property,
113
their tenants, invitees and licensees to fully utilize the Shared Private Driveway for the purposes
permitted herein. However, in no event shall any owner allow any construction -related traffic •
that will cause damage to the Shared Private Driveway to utilize the Shared Private Driveway,
nor shall any owner allow traffic to use said Shared Private Driveway which has a weight rating
which exceeds the weight rating for which said Shared Private Driveway was designed and
constructed.
16. Should an owner fail to repair or maintain that portion of said Shared Private Driveway located
on said owner's property, the other owner may undertake making or causing any defective
condition existing on said Shared Private Drive to be cleaned up, repaired or maintained as
outlined below:
d. For all conditions not arising from the accumulation or deposit of snow
on the shared drive, the other owner shall give the defaulting owner fifteen
(15) days notice via certified mail and facsimile transmission thereof, and if
the defaulting owner fails to cure within 15 days of the notice (or fails to
prosecute said cure diligently to completion if it cannot reasonably be
finished within said 15 day period), the other owner will be granted the right
and the privilege to complete the defaulting owner's obligations and to
bring legal action against the defaulting owner to collect any sums due for
the cost of the work performed, plus all costs and attorney's fees incurred in
enforcing this Agreement.
e. The fifteen -day notice period shall be deemed to run from the date of
deposit in the United States Mail and the transmission of the facsimile. •
f. For all conditions arising from the accumulation or deposit of snow on the
shared drive, the other owner shall give the defaulting owner twenty-four
hours notice via telephone and facsimile transmission thereof, and if the
defaulting owner fails to cure within said twenty-four hour period, the other
owner will be granted the right and the privilege to complete the defaulting
owner's obligations and to bring legal action against the defaulting owner to
collect any sums due for the cost of the work performed, plus all costs and
attorney's fees incurred in enforcing this Agreement.
Dated:
[Signature Blocks]
[Notary Blocks]
["Drafted by" Statement}
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4\1bertville
• Smwl Tomm Lint. Mg aw Uh.
MEMORANDUM
Date: August 16, 2006
To: City Council
From: Larry R. Kruse, City Administrator
Re: General Update
CITY HALL CONSTRUCTION
AUDIO VISUAL AND TECHNICAL EQUIPMENT
Elert has circulated the AV Package for bids. Will Craig is still working on a podium design
and will be submitting something very soon. The bid package has the basic AV components for
the Council Chambers and a TV broadcast component. The bid package is designed to give
the City flexibility to do all or a portion of the AV project.
FURNITURE AND FIXTURES
Finance Director Lannes will be presenting a recommendation to award the furniture bid. We
received four bids, however; two of the bidders proposed substandard quality; did not meet the
bid specifications and have been eliminated from consideration. Bidders S&T and Marco are
very close, and staff will be recommending awarding the bid to the low bidder, which is S &T.
Your consideration of this recommendation is appreciated.
RAILROAD LAND PURCHASE AGREEMENT
The agreement has been signed and BMI has been authorized to proceed with the ALTA
survey.
I-94 PROJECT IMPLEMENTATION TASK FORCE MEETING
The workgroup has met once and has put together a Cooperative Agreement between the three cities
and County. We are refining a worksheet that summarizes work components of the three
interchange projects. Further, we are going to put together an "issues map", which identifies the
issues and challenges surrounding each project. This document should give everyone a better
understanding of all three interchanges and where the group is headed. More information on this
will be forthcoming. I believe the staff working group will have work product that will make the
full 1-94 Implementation Task Force feel good about making progress on these transportation
issues.
The Environmental Assessment comment deadline is/was August 16th and I will update you on
those comments in my next report. We will need to have Elwyn Tinklenberg come and meet with us
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in September to discuss his services working with the I-94 Implementation Task Force. Everyone
has agreed it has been helpful to have a facilitator assist with these transportation issues.
•
FRASER STEEL PROJECT
We have been working with Fraser Steel on a 25,000 square foot, $2 million dollar expansion. The
City is proposing to sell Fraser a lot for the cost of improvements ($2.25-$2.50) plus about $2.00
per square foot for the land. The City would capture about $2.00 per square foot for the land and/or
improvements through Tax Increment Financing (TIF), resulting in a net cost of $2.25 to $2.50 for
Fraser. Without the TIF, Fraser states they could not proceed. We have a number of complicated
issues we are dealing with such as the re -platting of the industrial park, vacating and creating
easements, vacating streets and dealing with multiple property owners. Plus Fraser needs to
combine their lot with the one they are purchasing from the City, so their bank needs to sign too.
City Attorney Couri can explain how complicated this gets.
I would like to request the City have our contractor do some additional building pad corrections
prior to having a Purchase Agreement with Fraser. Normally, we don't take any financial risk with
developers; however, I believe this project merits our assistance. Having our contractor who is on
site now complete the work as they balance out the site is the most cost effective way to get the job
done. Assistant City Engineer Nafstad will have the estimated cost at the meeting. This additional
soil correction work would be assessed to this specific property.
I believe the Fraser project has a 95% chance of being successfully completed. It is a wonderful
industrial project providing a significant tax base and good jobs. If you look at the worst case
scenario and the deal falls apart, the soil corrections will be an investment, which will benefit any
future owner of our lot. City Attorney Couri and Assistance City Engineer Nafstad are familiar with
the details and will explain more. In closing, I believe the City proceeding with these soil
corrections is in the best interest of all involved.
VACATION
As per my previous report, I will be back on August 29th. I will be calling in regularly to check on
things. Bridget is the go to person in my absence and she has direction to contact the Mayor if there
is a need for direction in my absence. Bridget has contact information should you need to get in
contact with me. There may be a few days while I'm in Poland when I will not be available.
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