1996-09-30 Development Agreement
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
PARKSIDE 4th ADDITION
THIS AGREEMENT, entered into this /;0 fh day of ~ 6tAr, 1997 by and
between Pilot Land Development Company, Inc., referred to herem 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 and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, a portion of
which parcels 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 "Parkside
4th Addition" and may sometimes hereinafter be referred to as the "Subject Property" or
"Said Plat'" and
,
WHEREAS, the City has given preliminary approval of Developer's plat of Parks ide
4th Addition contingent upon compliance with certain City requirements including, but not
limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, water, storm sewer and streets (4ereafter "Municipal
Improvements ") be installed to serve the Subject Property and other properties affected by
.. the development of Developer's land, to be installed and financed by Developer;
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within the Subject Property, which improvements consist of
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
. parking lot, drainage swales, berming, street signs, street cleanup during project
development, erosion control, and other site-related items; 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;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
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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 Parkside 4th
Addition, as prepared by Meyer-Rohlin, Inc. dated April 11, 1997 as on file
with the City Clerk, said improvements to include installation of water mains,
sanitary and storm sewers, storm water ponding, site grading, curb and gutter,
and paved streets. All such improvements shall be constructed according to
the standards adopted by the City, along with all items required by the City
Engineer. Unless the City Engineer specifies a later date, said improvements
shall be installed by October 31, 1997, with the wear course of bituminous
pavement to be installed after May 15, 1998 but before August 30, 1998.
B. The Developer warrants to the City for a period of two years from the date the
City accepts the fmished Municipal Improvements that all such improvements
have been constructed to City standards and shall suffer no significant
impairments, either to the structure or to the surface or other usable areas due
to improper construction, said warranty to apply both to poor materials and
faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements. 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. Developer shall grade all lots at the same time as the street grading is
performed, and shall grade such lots in a manner which will allow for
adequate drainage from the lot.
E. 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
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necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs incurred by the City
during said inspections.
F. Developer shall be responsible for plowing snow on all streets in said plat
until the base course is installed, the castings have been adjusted and at least
one of the homes is occupied. Upon the occurrence of these three events, the
City shall be responsible for snowplowing. Until the installation of the wear
course of bituminous pavement, the Developer shall repair, at its expense, any
damage occurring to the base course, castings or other improvements from
said City snow plowing, and said snow plowing shall not be deemed an
acceptance of the streets by the City.
2. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of boulevards, street signs, traffic signs, yard top soil, sod in all
front and side yards, grass seeding in back yards, grading control per lot,
bituminous or concrete driveways, drainage swales, berming, and like items
as necessary, street cleanup during project development, and erosion control,
all as required by City ordinance. Said on- and off-site improvements shall be
installed no later than July 31, 1999, with the exception of erosion control,
drainage swales and berming, which shall be installed upon initial grading of
Subject Property.
B. Developer shall place screening consisting of 6-foot evergreens 15 feet on
center along the east end of the residential property (between the
residentially-zoned portions and the commercially-zoned property to the
East). Said evergreens shall be installed during the 1997 growing season.
C. 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, accessible to all lots and in compliance with all
applicable state and local regulations:
1. Electrical power supply, to be provided by Northern States Power or
other such carrier;
n. Natural gas supply, to be provided by Minnegasco or other such
carner;
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m. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier;
IV. Cable television, to be provided by Jones Intercable or other such
carner.
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.
D. Developer has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached and incorporated herein as
Exhibit B. Developer agrees to have all utilities installed according to this
plan.
E. Developer shall install silt fencing in back of all curbing within 30 days after
said curbing is installed, or 7 days after the "small utilities" (gas, phone,
electrical and cable television) have been installed, whichever occurs sooner.
Developer shall be allowed to substitute hay bales for a 22-foot section of silt
fencing on each lot for the purpose of allowing construction vehicles to pass
from the street to each lot. No construction vehicles shall pass from the street
to the lots except through such designated 22-foot section of hay bales.
Developer shall remove all hay bales and silt fencing from each lot as sod is
installed upon said lot.
F. Notwithstanding the requirements of subparagraph 2A above, the Developer
shall install to the City's satisfaction improvements for each lot or parcel
within sixty (60) days of the date that a certificate of occupancy (temporary or
permanent) is issued by the City for a building located on the lot, unless the
certificate of occupancy is issued after October 1st and before March 30th in
any given year, in which case said improvements shall be so completed by the
following June 15th.
G. Developer shall install storm water retention/water quality ponds upon Said
Plat as shown on the Grading and Drainage Plan attached as Exhibit C. Said
ponds shall be dedicated to the City, and Developer shall provide the City
with perpetual drainage easements over such ponds. Said retention ponds
shall be installed prior to the installation of streets or utilities.
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3. Intended Use of Subdivision Lots. It is the Developer's and City's intent that
single-family detached dwelling units be constructed on the lots in Said Plat (one
unit on each lot). Developer agrees that it shall not construct any units other than
said single-family detached dwelling units on the land in Said Plat.
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 $162,200.00 representing 100% of the
estimated cost of the Municipal Improvements ($135,000.00) and 50% of the
estimated cost of the on- and off-site improvements ($27,200.00). 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 payor
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 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
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should Developer fail to maintain said letter of credit or surety in the amount
required above within 30 days of mailing of written request by the City.
Should the City assess Developer's property for said costs, Developer agrees
not to contest or appeal such assessment and waives all statutory rights of
appeal under Minnesota Statutes, including Minnesota Statute 429.081.
E. That portion of said cash, irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all
such items are satisfactorily completed pursuant to this Agreement.
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 which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be billed to
the Developer. Such cost shall be paid to the City within thirty (30) days of
the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any surety as
follows:
1. When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
n. When all or a portion of the Municipal Improvements or the on- and
off-site improvements have been installed, the letter of credit or surety
may be reduced by the dollar amount attributable to that portion of
improvements so installed, except that the City shall retain the letter of
credit or surety in the amount of 10% of the estimated construction
price of the Municipal Improvements during the frrst year of the
warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty
period.
m. As to all requests brought under this paragraph A, the City Council
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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. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer
Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in
sanitary sewer trunk line fees. There are 8.6 acres in said plat. However, per the
agreement outlined in Parkside 3rd Addition Developer's Agreement, paragraph 2,
pages 2-5, the developer will be credited $900.00 per acre prior to the installation of
a sanitary sewer trunk line. Therefore, the Developer shall be required to pay
$4,300.00 ($500.00 x 8.6 acres). Developer will pay said fee prior to the release of
the final plat by the City.
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 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 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
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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 Said Plat without objection.
Developer has the right to request time sheets or work records to verify said billing
prior to payment.
9. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit D. 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 Subject Property 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 Said Plat. The Developer further
agrees to pay all costs required to repair the streets and/or utility systems damaged or
cluttered with debris when occurring as a direct or indirect result of the construction
that takes place in Said Plat. In the event the Developer fails to clean up, maintain or
repair the damaged public property mentioned above, the City shall provide the
Developer with aN otice of its intent to clean up, repair, or maintain such public
property. Developer shall have thirty (30) days from the date of mailing of such
notice to effect such clean up, repair or maintenance of said public property to the
satisfaction of the City Council. In the event that Developer fails to so clean up,
repair or maintain said public property, the City may undertake making or causing it
to be cleaned up, repaired or maintained. When the City undertakes such activity,
the Developer shall reimburse the City for all of its expenses within thirty (30) days
of its billing to the Developer. If the Developer fails to pay said bill within thirty
(30) days, funds sufficient to pay the bill may be withdrawn by the City from the
surety described above and/or assessed against any or all of Said Plat.
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12. 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.
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, such decision shall not affect the
validity of the remaining portion of this Contract.
C. Ifbuilding 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. No one may occupy a
building for which a building permit is issued on either a temporary or
permanent basis until the streets needed for access have class five gravel and
concrete curbing installed, unless a specific exception is approved by the City.
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 via a short-form companion document referencing this
agreement. After the Developer has completed all work and obligations
required of it under this Contract (including the expiration of the warranty
period), at the Developer's request, the City will execute and deliver to the
Developer a release of its obligations under this agreement.
F. All municipal water concerns will be handled by the Joint Powers Water
Board. No connections to the water system will be permitted until the Board
has given final approval.
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G. The Developer represents to the City that the 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 the 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.
H. 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.
1. Developer shall comply with all water, ponding and wetland related
restrictions as contained in the March 14, 1997 letter from the Wright County
Soil and Water Conservation District (said letter is on fIle with the City
Clerk).
14. Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the
form of an irrevocable letter of credit, which by its terms may become null and void
prior to the time at which all monetary or other obligations of the Developer are paid
or completed, it is agreed that the Developer shall provide the City with a new letter
of credit or other surety, acceptable to the City, at least forty-five (45) days prior to
the expiration of the expiring letter of credit. If a new letter of credit is not received
as required above, the City may declare a default in the terms of this Agreement and
thence draw in part or in total, at the City's discretion, upon the expiring letter of
credit to avoid the loss of surety for the continued obligation. The form of said
irrevocable letter of credit must be approved by the City Attorney prior to its
Issuance.
15. 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 said thirty (30) day period, the City is hereby granted the
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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 of the Developer use all of the deposited cash, irrevocable
letter of credit or other surety funds to complete the Developer's obligations
under this agreement, and to 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.
B. Paragraph 15A shall not apply to any acts or rights of the City under
paragraph 14 above, and no notice need be given to the Developer as a
condition precedent to the City declaring a default or drawing upon the
expiring 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.
C. Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits.
16. 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 dedicate all
roads, road right of ways, sewers and water mains to the City. Upon
acceptance of dedication, Developer shall provide to the City "As-Builts" of
all sewers, water mains, and roads. Acceptance by City of any dedication
shall occur upon passage of a resolution to such effect by the City Council.
B. Developer shall dedicate an eight foot off-street trail easement along the south
side ofKalenda Drive from Westwind park through Parkside Fourth Addition
and up to the boundary of the Parkside Third Addition plat..
C. Developer acknowledges that a total of 0.43 acres of park land (8.6 acres of
residential land x .05) are needed under the City's current park dedication
ordinance. The Developer is dedicating 3,793 square feet (.087 acres) of park
land with this plat, which represents 20% of the land required for dedication.
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Developer and City have agreed that the remaining 80% of park dedication
requirement shall be paid to the City in the form of cash totaling $6,800.00
(17 lots x $500.00 per lot x 80%). Payment of said park dedication fee shall
occur prior to release of the fmal plat. Developer agrees to stub sewer and
water into Westwind Park as part of the required park dedication
requirements, at developer's sole expense. Developer agrees to install a
parking lot containing six (6) stalls on the land dedicated to the City as
parkland, at developer's sole expense. The lot shall contain one handicapped
stall and a means for all cars to turn around before re-entering the street right-
of-way in a forward facing position.
17. 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.
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 Said Plat approval and development. The Developer shall
indemnify the City and its officers and employees for all costs, damages or expenses
which the City may payor incur in consequence of such claims, including attorney's
fees. Third parties shall have no recourse against the City under this contract.
19. Assignment of Contract. The obligations of the Developer under this Contract
cannot be assigned without the express written consent of the City Council through
Council resolution.
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.
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21. 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: (612) 497-3384
Pilot Land Development Company, Inc.
c/o Kent Roessler
13736 N.E. Johnson Street
Ham Lake, MN 55304
Telephone: (612) 757-9816
22. Agreement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
13
PILOT LAND DEVELOPMENT
COMPANY, IN
/
By L
Its /",
/'
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
(]J. The foregoing instrument was acknowledged before me this '7 z;{, day of
'(if ~ , 1997, by Mark Olson, 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.
.~.
LINDA M. HOUGHTON ,
NOTARY PUBlICOMINNESOTA.
WRIGHT COUNtY
My Commission Expires Jail. 31, 2000
.
~~~~ -
Notary Public F
14
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ? 4 day of
oN-e, , 1997, by Linda Houghton, 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.
7lt4I (&~~
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
Me foregoing instrument was acknowledged before me this c:tL.. day of
C/~ , 1997, by Kent Roessler, as President of Pilot Land Development
Company, Inc. .. ////.....----j f52
0012 .~S 'uer'dx:J 'wwoo An .----7 ?
VlOS3NNIW-:JnSnd AHVJ.ON~ ~- ~
ilV~d VIOI~lVd Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
~ :f9regoing instrument wa~s .elm l~d~ before me this ( ~ day of
~.J , 1997, by ~~~ of Pilot Land Development
Company, Inc.
PATRICIA PRATT
NOTARY PUBUC - MINNESOTA
My Comm. Exp. Jan. 31, 2000
15
DRAFTED BY:
Radzwill & Couri Law Office
P.O. Box 369
705 Central Avenue East
81. Michael, MN 55376
(612)497-1930
Notary Public
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EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(prior to platting):
That part of the north 35.00 acres of the Northeast Quarter of Section 2, Township 120,
Range 24, Wright County, Minnesota, described as follows: Commencing at the northeast
corner of the said Northeast Quarter; thence South 1007' 12" West, assumed bearing,
along the east line of the said Northeast Quarter, a distance of 169.00 feet; thence South
890 42' 05" West, a distance of 562.92 feet to the actual point of beginning; thence
continue South 89042' 05" West, a distance of 774.06 feet; thence South 00 50' 26" West,
a distance of394.00 feet to the south line of the north 35.0 acres of said Northeast Quarter;
thence North 89041' 56" East along the said south line, a distance of 774.06 feet; thence
North 00 50' 26" East, a distance of 394.00 feet to the point of beginning. Containing 7.0
acres.
Also including Outlot C and Outlot D, Parkside Third Addition. Containing 1.6 acres.
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing of the Parkside Fourth Addition Plat):
Lots 1 through 11, Block 1
Lots 1 through 6, Block 2
Outlots A and B
All said lots in Parkside Fourth Addition, City of Albertville, County of Wright,
Minnesota.
. .
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
PARKSIDE 4th ADDmON
THIS AGREEMENT, entered into this day of , 1997 by and
between Pilot Land Development Company, Inc., 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 and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, a portion of
which parcels 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 "Parkside 4th
Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said
Plat'" and
,
WHEREAS, the City has given preliminary approval of Developer's plat of Parks ide
4th Addition contingent upon compliance with certain City requirements including, but not
limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal
Improvements") be installed to serve the Subject Property and other properties affected by the
development of Developer's land, to be installed and financed by Developer;
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within the Subject Property, which improvements consist of
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
asphalt trail, parking lot, drainage swales, berming, street signs, street cleanup during project
development, erosion control, and other site-related items; 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;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED,
in consideration of each party's promises and considerations herein set forth, as follows:
1
1. Construction of Municioal Imorovements.
A. The Developer shall construct those Municipal Improvements located on and
off Said Plat as detailed in the Plans and Specifications for Parkside 4th
Addition, as prepared by Meyer-Rohlin, Inc. dated Apri111, 1997 as on file
with the City Clerk, said improvements to include installation of water mains,
sanitary and storm sewers, storm water ponding, site grading, curb and gutter,
and paved streets. All such improvements shall be constructed according to the
standards adopted by the City, along with all items required by the City
Engineer. Unless the City Engineer specifies a later date, said improvements
shall be installed by October 31, 1997, with the wear course of bituminous
pavement to be installed after May 15, 1998 but before August 30, 1998.
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. 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. Developer shall grade all lots at the same time as the street grading is
performed, and shall grade such lots in a manner which will allow for adequate
drainage from the lot.
E. 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.
F. Developer shall be responsible for plowing snow on all streets in said plat until
the base course is installed, the castings have been adjusted and at least one of
the homes is occupied. Upon the occurrence of these three events, the City
shall be responsible for snowplowing. Until the installation of the wear course
of bituminous pavement, the Developer shall repair, at its expense, any damage
occurring to the base course, castings or other improvements from said City
snow plowing, and said snow plowing shall not be deemed an acceptance of
the streets by the City.
2
2. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of boulevards, street signs, traffic signs, yard top soil, sod in all
front and side yards, grass seeding in back yards, grading control per lot,
bituminous or concrete driveways, drainage swales, berming, and like items as
necessary, street cleanup during project development, and erosion control, all
as required by City ordinance. Said on- and off-site improvements shall be
installed no later than July 31, 1999, with the exception of erosion control,
drainage swales and berming, which shall be installed upon initial grading of
Subject Property.
B. Developer shall place screening consisting of6-foot evergreens 15 feet on
center along the east end of the residential property (between the residentially-
zoned portions and the commercially-zoned property to the East). Said
evergreens shall be installed during the 1997 growing season.
C. 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, accessible to all lots and in compliance with all applicable
state and local regulations:
1. Electrical power supply, to be provided by Northern States Power or
other such carrier;
n. Natural gas supply, to be provided by Minnegasco or other such carrier;
m. Telephone service, to be provided by SprintJUnited Telephone
Company or other such carrier;
IV. Cab~e television, to be provided by Jones Intercable or other such
camero
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.
D. Developer has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached and incorporated herein as
Exhibit B. Developer agrees to have all utilities installed according to this plan.
E. 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,
3
electrical and cable television) have been installed, whichever occurs sooner.
Developer shall be allowed to substitute hay bales for a 22- foot section of silt
fencing on each lot for the purpose of allowing construction vehicles to pass
from the street to each lot. No construction vehicles shall pass from the street
to the lots except through such designated 22-foot section of hay bales.
Developer shall remove all hay bales and silt fencing from each lot as sod is
installed upon said lot.
F. Notwithstanding the requirements of subparagraph 2A above, the Developer
shall install to the City's satisfaction improvements for each lot or parcel within
sixty (60) days of the date that a certificate of occupancy (temporary or
permanent) is issued by the City for a building located on the lot, unless the
certificate of occupancy is issued after October 1st and before March 30th in
any given year, in which case said improvements shall be so completed by the
following June 15th.
G. Developer shall install storm water retention/water quality ponds upon Said
Plat as shown on the Grading and Drainage Plan attached as Exhibit C. Said
ponds shall be dedicated to the City, and Developer shall provide the City with
perpetual drainage easements over such ponds. Said retention ponds shall be
installed prior to the installation of streets or utilities.
3. Intended Use of Subdivision Lots. It is the Developer's and City's intent that single-
family detached dwelling units be constructed on the lots in Said Plat (one unit on each
lot). Developer agrees that it shall not construct any units other than said single-family
detached dwelling units on the land in Said Plat.
4. Surety Reauirements.
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 $202,200.00 representing 100% of the estimated cost
of the Municipal Improvements ($175,000.00) and 50% of the estimated cost
of the on- and off-site improvements ($27,200.00). 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
4
period, or to otherwise fulfill the obligations of Developer under this
agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety referred to
herein is ever utilized and found to be deficient in amount to payor reimburse
the City in total as required herein, the Developer agrees that upon being billed
by the City, Developer will pay within 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 assess Developer's property for
any and all costs incurred by the City in enforcing any of the terms of this
agreement should Developer's letter of credit or surety prove insufficient or
should Developer fail to maintain said letter of credit or surety in the amount
required above within 30 days of mailing of written request by the City.
Should the City assess Developer's property for said costs, Developer agrees
not to contest or appeal such assessment and waives all statutory rights of
appeal under Minnesota Statutes, including Minnesota Statute 429.081.
E. That portion of said cash, irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all such
items are satisfactorily completed pursuant to this Agreement.
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 which have been fully completed and payment made
therefor. All such decisions shall be at the discretion of the City Council. The
City's cost for processing reduction request( s) shall be billed to the Developer.
Such cost shall be paid to the City within thirty (30) days of the date of mailing
of the billing.
B. The Developer may request of the City a reduction or release of any surety as
follows:
1. When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
n. When all or a portion of the Municipal Improvements or the on- and
5
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.
m. As to all requests brought under this paragraph A, 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. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer
Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in
sanitary sewer trunk line fees. There are 8.6 acres in said plat. However, per the
agreement outlined in Parkside 3rd Addition Developer's Agreement, paragraph 2,
pages 2-5, the developer will be credited $900.00 per acre prior to the installation of a
sanitary sewer trunk line. Therefore, the Developer shall be required to pay $4,300.00
($500.00 x 8.6 acres). Developer will pay said fee prior to the release of the final plat
by the City.
7. Abandonment ofProiect - 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 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 City's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
6
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 the Said Plat without objection.
Developer has the right to request time sheets or work records to verify said billing
prior to payment.
9. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit D. 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 CleaniDf!. Developer shall comply with all requirements set forth for drainage
into any county ditch or other ditch through which water from Subject Property may
drain, and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city requirements,
all at Developer's expense.
11. Maintain Public Property Dama!!ed or Cluttered Durin!! 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 and/or utility systems damaged or cluttered with debris
when occurring as a direct or indirect result of the construction that takes place in Said
Plat. In the event the Developer fails to clean up, maintain or repair the damaged
public property mentioned above, the City shall provide the Developer with a Notice
of its intent to clean up, repair, or maintain such public property. Developer shall have
thirty (30) days from the date of mailing of such notice to effect such clean up, repair
or maintenance of said public property to the satisfaction of the City Council. In the
event that Developer fails to so clean up, repair or maintain said public property, the
City may undertake making or causing it to be cleaned up, repaired or maintained.
When the City undertakes such activity, the Developer shall reimburse the City for all
of its expenses within thirty (30) days of its billing to the Developer. If the Developer
fails to pay said bill within thirty (30) days, funds sufficient to pay the bill may be
withdrawn by the City from the surety described above and/or assessed against any or
all of Said Plat.
12. Temporarv Easement Ri!!hts. Developer shall provide access to the Subject Property
7
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, such decision shall not affect the
validity of the remaining portion of this Contract.
C. Ifbuilding 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. No one may occupy a
building for which a building permit is issued on either a temporary or
permanent basis until the streets needed for access have class five gravel and
concrete curbing installed, unless a specific exception is approved by the City.
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 via a short-form companion docwnent referencing this agreement.
After the Developer has completed all work and obligations required of it
under this Contract (including the expiration of the warranty period), at the
Developer's request, the City will execute and deliver to the Developer a
release of its obligations under this agreement.
F. All municipal water concerns will be handled by the Joint Powers Water
Board. No connections to the water system will be permitted until the Board
has given final approval.
G. The Developer represents to the City that the 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 the 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
8
work until there is compliance.
H. 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.
1. Developer shall comply with all water, ponding and wetland related restrictions
as contained in the March 14, 1997 letter from the Wright County Soil and
Water Conservation District (said letter is on file with the City Clerk).
14. Draw on Expirine: Letter of Credit. In the event a surety referred to herein is in the
form of an irrevocable letter of credit, which by its terms may become null and void
prior to the time at which all monetary or other obligations of the Developer are paid
or completed, it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior to the
expiration of the expiring letter of credit. If a new letter of credit is not received as
required above, the City may declare a default in the terms of this Agreement and
thence draw in part or in total, at the City's discretion, upon the expiring letter of credit
to avoid the loss of surety for the continued obligation. The form of said irrevocable
letter of credit must be approved by the City Attorney prior to its issuance.
15. Violation of Ae:reement.
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 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 of
the Developer use all of the deposited cash, irrevocable letter of credit or other
surety funds to complete the Developer's obligations under this agreement, and
to 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.
B. Paragraph 15A shall not apply to any acts or rights of the City under paragraph
14 above, and no notice need be given to the Developer as a condition
precedent to the City declaring a default or drawing upon the expiring
irrevocable letter of credit as therein authorized. The City may elect to give
9
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.
C. Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits.
16. 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 dedicate all
roads, road right of ways, sewers and water mains to the City. Upon
acceptance of dedication, Developer shall provide to the City "As-Builts" of all
sewers, water mains, and roads. Acceptance by City of any dedication shall
occur upon passage of a resolution to such effect by the City Council.
B. Developer shall install an eight foot off-street asphalt trail along the south side
of Kalenda Drive from the stub trail which exists in Westwind, through Said
Plat and continuing south across 57th Street to make connection with the
parkland in Parkside 3rd Addition. The trail shall be separated from the curb a
minimum of three (3) feet, but preferably five (5) feet.
C. Developer acknowledges that a total of 0.43 acres of park land (8.6 acres of
residential land x .05) are needed under the City's current park dedication
ordinance. The Developer is dedicating 3,793 square feet (0.87 acres) of park
land with this plat, which represents 20% of the land required for dedication.
Developer and City have agreed that the remaining 80% of park dedication
requirement shall be paid to the City in the form of cash totaling $6,800.00 (17
lots x $500.00 per lot x 80%). However, developer shall be credited with the
installation of the asphalt trail outlined above. The estimated cost of the
installation of the trail is $9,500.00. Therefore, developer's total park
dedication fee due is $0.00 ($6,800.00 - $9,500.00). Any underage or overage
in the estimated cost of the trail shall be exchanged upon proof from the
developer of expenses incurred in the installation of the trail. Developer shall
receive a credit toward future development fees should there be an overage.
Payment of said park dedication fee shall occur prior to release of the final plat.
Developer agrees to stub sewer and water into Westwind Park as part of the
required park dedication requirements, at developer's sole expense. Developer
agrees to install a parking lot containing six (6) stalls on the land dedicated to
the City as parkland, at developer's sole expense. The lot shall contain one
handicapped stall and a means for all cars to turn around before re-entering the
street right-of-way in a forward facing position.
10
17. Phased Develooment. 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.
18. Indemnitv. 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 Said Plat approval and development. The Developer shall
indemnify the City and its officers and employees for all costs, damages or expenses
which the City may payor incur in consequence of such claims, including attorney's
fees. Third parties shall have no recourse against the City under this contract.
19. Assienment of Contract. The obligations of the Developer under this Contract
cannot be assigned without the express written consent of the City Council through
Council resolution.
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. 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: (612) 497-3384
11
Pilot Land Development Company, Inc.
c/o Kent Roessler
13736 N.E. Johnson Street
Ham Lake, MN 55304
Telephone: (612) 757-9816
22. Ae:reement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
PILOT LAND DEVELOPMENT
COMPANY, INC.
By Kent Roessler
Its President
By
Its
12
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 1997, by Mark Olson, 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
, 1997, by Linda Houghton, 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
, 1997, by Kent Roessler, as President of Pilot Land Development
Company, Inc.
Notary Public
13
STATE OF MINNESOTA )
) SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 1997, by of Pilot Land Development
Company, Inc.
Notary Public
14
EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows (prior
to platting):
That part of the north 35.00 acres of the Northeast Quarter of Section 2, Township 120,
Range 24, Wright County, Minnesota, described as follows: Commencing at the northeast
corner of the said Northeast Quarter; thence South 10 07' 12" West, assumed bearing, along
the east line of the said Northeast Quarter, a distance of 169.00 feet; thence South 890 42'
05" West, a distance of 562.92 feet to the actual point of beginning; thence continue South
89042' 05" West, a distance of 774.06 feet; thence South 0050' 26" West, a distance of
394.00 feet to the south line of the north 35.0 acres of said Northeast Quarter; thence North
89041' 56" East along the said south line, a distance of 774.06 feet; thence North 00 50' 26"
East, a distance of 394.00 feet to the point of beginning. Containing 7.0 acres.
Also including Outlot C and Outlot D, Parkside Third Addition. Containing 1.6 acres.
The Real Property subject to the Developer's Agreement is legally described as follows (after
the filing of the Parkside Fourth Addition Plat):
Lots 1 through 11, Block 1
Lots 1 through 6, Block 2
Outlots A and B
All said lots in Parkside Fourth Addition, City of Albertville, County of Wright,
Minnesota.
. .
EXHIBIT B
Utility Plan
EXHIBIT C
Grading and Drainage Plan
EXHIBIT D
Erosion Control Plan
,.
.
6d~
SUMMARY OF IMPORTANT POINTS OF
PARKSIDE FOURTH ADDmON DEVELOPER'S AGREEMENT
Below is a summary of the major points of the Parkside Fourth Addition Developer's
Agreement Because the fine points of the agreement have been left out of this summary,
please refer to the Agreement itself for more detail regarding the terms of the agreement.
This Developer's Agreement is similar to the Developer's Agreements the City has
used in the past.
Paragraph # (Referencing paragraph in Developer's Agreement)
1. The Developer (pilot Land Development Company) will install municipal
improvements (roads, storm sewer, sanitary sewer, water main, etc.) as detailed
in the Plans and Specs for Parkside Fourth Addition. The improvements will
be warranted for a period of two years from the date of acceptance. All
municipal improvements will be installed by October 31, 1997, except the final
wearing course of bituminous which will be installed next spring. The
Developer will warrant the municipal improvements for two years. The City
will be responsible for snow plowing when the base course is installed, the
utility castings have been adjusted and at least one of the homes is occupied.
2. The Developer will construct on- and off-site improvements (sod, trees,
driveway approaches, etc.), to be completed by July 31, 1999. Developer also
will install street lights, street signs, and have electrical, natural gas, and
telephone service installed underground.
3. Developer will construct single family homes only on the plat.
4. Developer agrees to post a surety with the City in the amount of $202,200.00
as security to assure that all municipal improvements and on- and off-site
improvements will be installed. The security represents 100% of the estimated
costs of the municipal improvements and 50% of the cost of on- and off-site
improvements.
5. Developer can request a release or reduction of the letter of credit when all or a
portion of on- and off-site improvements have been installed.
6. Developer will pay the City $4,300.00 in Sanitary Sewer Trunk Line fees. This
figure represents the $1,400.00 per acre charge, multiplied by 8.6 acres, less the
$900 per acre credit pursuant to the Parkside 3rd Developer's Agreement.
1
fe
e
8. Developer will pay all City costs and expenses related to the project.
9. Developer will comply with the erosion control plan.
11. Developer will keep the construction sites clean and will repair any
damage to public property due to construction on the plat.
13. If building permits are issued prior to completion and acceptance of public
improvements, Developer assumes all liability for damage to public
improvements from such activity. However, buildings can be occupied upon
installation of class five gravel and concrete curbing (as opposed to installation
of paved streets).
14. The City can draw on the surety prior to its expiration if a new surety is not
provided at least 45 days prior to the expiration of the letter of credit.
15. If the Developer defaults on any portion of the agreement, the City will give the
developer 30 days notice of such default prior to drawing upon the letter of
credit.
16. Because of the installation of the asphalt trail, there were no park dedication
fees due to the City
17. This agreement applies to Parkside Fourth Addition and not to any other
development or phase of development.
18. Developer holds the City hannless from claims made by Developer and third
parties for damages sustained as a result of plat approval and development.
20. Developer will pay all reasonable attorney's and other fees incurred by the City
if the City must sue to enforce this agreement.
22. The agreement will bind all successors and assigns of the Developer.
2