2005-03-15 Draft PUD Agreement
Information still needed
Amount of landscape escrow
Date of final plans
Estimated cost of public improvements, on/off site improvements and
landscaping
Administrative Fee (based on public improvements)
Acreage of plat for calculating trunk fees (not outlots)
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
THIS AGREEMENT, entered into this day of ,2005 by
and between Contractor Property Developers Company, collectively referred to
herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State
of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which
real property is proposed to be subdivided and platted for development and which
real property is subject to the provisions of this Agreement; and
WHEREAS, Developer is proposing to subdivide a portion of the
Development into 42 townhome residential lots and six single family lots. Said
subdivision, which is to be governed by this Agreement, is intended to bear the name
"Towne Lakes Sixth Addition" and shall hereinafter be referred to in its entirety as
"Said Plat" or "Subject Property"; and
WHEREAS, the City has given final approval of Developer's plat of Towne
Lakes Sixth Addition (attached as Exhibit B) contingent upon compliance with
certain City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading,
sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter
"Municipal Improvements") be installed to serve the Development and other
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herein the same as if the text of said Agreement were contained within
this document.
B. It is the intent of the parties that this Developer's Agreement
("Developer's Agreement") supplement the Master Agreement as to
the specific development issues related to Towne Lakes Sixth
Addition, and that these two documents be read together to determine
the rights and obligations of the parties with respect to the property
contained within the Towne Lakes Sixth Addition. In the event of a
conflict between the terms of the Master Agreement and this
Developer's Agreement, the terms of this Developer's Agreement
shall control with respect to any conflicting issues within Towne Lakes
Sixth Addition, but any such conflicts shall not alter the terms of the
Master Agreement as they apply to other plats, now existing or to be
platted in the future, within the remaining land area subject to the
Master Agreement.
2. Planned Unit Development. The Development is hereby allowed to be
developed as a Planned Unit Development with flexibility from the strict
requirements of the City's Shoreline Regulations and Zoning Ordinance in
relation to selected items detailed in this paragraph.
A. Developer and the City recognize that setbacks within the Development
will vary depending on housing type to be constructed. However,
Developer agrees that setbacks shall be consistent with the templates
provided by Developer, which are attached hereto as Exhibit C.
B. The townhomes shall be constructed in the locations identified in the plans
attached hereto as Exhibit D. The townhomes shall be designed and
constructed consistent with plans attached hereto as Exhibit E.
C. Developer shall have separate utility connections for each of the
townhome units to allow separate water turnoff and sewer connections
through the landscaped yards of the townhome units.
D. All lots within the plat shall be subject to the Master Homeowners'
Association as currently established for Towne Lakes First and Second
Additions. The Developer shall file covenant documents subjecting all lots
within the plat to the terms and conditions of the Master Homeowners'
Association subject to review and approval by the City Attorney, which
shall be recorded on the property records of the lots.
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cuts from which these properties will access 68th Street. Said escrow shall
be returned to Developer (without interest) upon the planting of the
boulevard landscape plantings.
L. Developer shall replace, at its own expense, any plantings as shown on
attached Exhibit F that might be damaged during the construction of any
future phases of the development. Developer shall guarantee that all
plantings replaced pursuant to this paragraph shall survive for two full
years from the date of planting.
M. The Developer shall file deed restrIctIOns with the Wright County
Recorder of Deeds for all lots adjacent to or containing wetlands or storm
water ponds indicating that no structures can be built within 30 feet of
wetlands. All such deed restrictions shall be subject to the approval of the
City Attorney.
N. 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.
O. Prior to the sale of any lot(s) within the Development, Developer shall
provide the City with a copy of the sales literature identifying the required
thirty (30) foot wetland setback building restrictions, the location of all
future parks within the Development, and the location of all present and
future sidewalks, trails and easements. Developer agrees that the
aforementioned sales literature will be distributed to all potential lot
buyers within the Development prior to the sale of any of said lots by
Developer.
P. Developer acknowledges and understands that the intersection of Linwood
Drive and 70th Street will be reevaluated with the construction of 70th
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31,2005, with the wear course of bituminous pavement to be installed
after June 30, 2006, but before September 15,2006.
B. Contemporaneous with the installation of the Municipal
Improvements, Developer shall construct, at Developer's expense,
a sanitary sewer line and a municipal water line extension easterly
through Outlot B to the eastern lot line of Outlot B in a location
approved by the City Engineer. The design of said sanitary sewer
and municipal water line extensions shall be approved by the City
Engineer. Developer shall provide the City, at no cost to the City,
with a permanent drainage and utility easement over all of Outlot
B. At the time of fmal platting of Outlot B into numbered lots and
blocks, the City shall release that portion of the permanent
easement which is not needed to support the line extensions
consistent with the Utility Plans approved for the Development.
Developer shall not be required to post a surety for the cost of
installing said line extensions.
C. In the event that the City determines that a water main is necessary
in 68th Street between Linwood Drive and Wright County State
Aid Highway No. 19 to support the future water needs of the City,
the Developer shall install such watermain at Developer's expense
in a manner, location and design approved by the City Engineer.
Said installation shall occur during the building season
immediately following notification to the Developer of said
installation requirement.
D. The Developer warrants to the City for a period of two years from
the date the City accepts the fmished Municipal Improvements and
the line extensions (including the potential 68th Street water line)
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.
E. 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.
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111. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier;
IV. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause 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. The Developer shall be
responsible for streetlight operational expense until such time as the
City accepts the Municipal Improvements.
C. Developer shall install silt fencing in back of all curbing within 30
days after said curbing is installed, or 7 days after the "small utilities"
(gas, phone, electrical and cable television) have been installed,
whichever occurs sooner. Developer shall be allowed to substitute hay
bales for a 22- foot section of silt fencing on each lot for the purpose of
allowing construction vehicles to pass from the street to each lot. No
construction vehicles shall pass from the street to the lots except
through such designated 22-foot section of hay bales. Developer shall
remove all hay bales and silt fencing from each lot as sod is installed
upon said lot. As an alternative to installing silt fencing in back of all
curbing as required by this subparagraph, Developer may, at its
expense, install sod no less than three feet in width in back of all
curbing, provided that if, in the judgment of the City Engineer, the
installation of silt fencing in one or more places is needed, the
Developer shall install such silt fencing at its expense upon request by
the City Engineer.
D. Notwithstanding the requirements of subparagraphs 2J and 4A above
and except as otherwise provided in this Agreement, 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 with the requirement that the Developer be
required to install said on-and off-site items for such lot by the
following June 30th.
E. Developer shall install storm water retention/water quality ponds and
basins upon the Development as shown on the Grading, Drainage and
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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. That portion of said cash, irrevocable letter of credit or other surety
with respect to the performance of Site Improvements shall be released
upon certification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
F. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may become null and void prior to
the time at which all monetary or other obligations of the Developer
are paid or satisfied, it is agreed that the Developer shall provide the
City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of
this Agreement and thence draw in part or in total, at the City's
discretion, upon the expiring letter of credit to avoid the loss of surety
for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance.
7. 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.
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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.
9. 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.
10. Sanitary Sewer and Water Trunk Line Fees.
Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and
Water Trunk Line Fee Ordinance currently requires the Developer to pay
$1,400.00 per acre and $1,200.00 per acre respectively, upon development of said
Plat. There are acres (which excludes Outlots A & B which shall be
replatted at a later date) in said Plat, which received final plat approval.
Therefore, the Sanitary Sewer and Water Trunk Line Fees for all property
receiving fmal plat approval are $ ($ in sewer fees
calculated as $1,400.00 x acres and $ in water fees calculated
as $1,200.00 x acres). Developer shall pay sanitary sewer and water
trunk line fees on Outlots A and B at such time as these outlots are platted into
numbered lots and blocks.
11. 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 contained in the
City of Albertville Master Planned Unit Development Agreement Towne Lakes
Third Addition shall be strictly complied with. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the
erosion control plan prove inadequate in any respect.
12. Ditch Cleaning.
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15. 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. 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.
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 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 1,2,5,9, 15, 17,20,21,22,23,24,25,
26 and 28 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
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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 City Attorney prior to its issuance must approve
the form of said irrevocable letter of credit.
17. 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 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.
B. Notwithstanding the 30-day notice period provided for in paragraph
l7(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.
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subsequent phases until public improvements for all prior phases have been
satisfactorily completed. Development of subsequent phases may not proceed
until the City approves Development Contracts for such phases. 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 Master Agreement, 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.
21. Indemnity. Developer shall hold the City and its officers and employees
harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from the Development approval and
development. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses which the City may payor incur
in consequence of such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
22. 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.
23. 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.
24. 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
attorneys 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.
25. 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.
26. Integration Clause, Modification by Written Agreement Only. This
Agreement represents the full and complete understanding of the parties and
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"
By
1. Michael Waldo
Its Vice President
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2005, 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 , 2005, 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 )
21
~
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lots 1-44, Block 1
Lots 1-5, Block 2
Outlot A
Outlot B
All said property is located in Towne Lakes Sixth Addition, City of Albertville,
County of Wright, State of Minnesota.
23
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