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1998-05-19 Development Agreement .) . . . if<< CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT Barthel Commercial Park Second Addition THIS AGREEMENT, entered into this /"J ,,"- day of ~ ' 1998 by and between the STMA Ice Arena Joint Powers Board ("Developer"), . int powers board established by the City of Albertville, the City ofSt. Michael and the Independent School District No. 885, and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer intends to develop a parcel or parcels ofland described in Exhibit ~ attached hereto and incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for development by Developer, and which subdivision, which is the subject of this agreement, is intended to bear the name "Barthel Commercial Park Second Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, Developer intends to construct, manage and operate an ice arena on Said Plat; and WHEREAS, the City has given preliminmy approval of Developer's plat of Barthel Commercial Park Second 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 "MlUlicipal 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, 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; 1 NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: . 1. Construction of On- and OfT-Site Improvements. A. Developer shall construct all on- and off-site improvements shown on the Site Plan attached as Exhibit B, including installation of boulevards, yard top soil, sod or seed in all areas not built upon or paved, trees, bituminous or concrete driveways, bituminous parking lot with 84 parking spaces, curbing around parking lot, solid fencing six feet in height around refuse containers if refuse containers are to be located outside, drainage swales, 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 and drainage swales, which shall be installed upon initial grading of Subject Property. B. Developer acknowledges that Donald Barthel and Betty Barthel, pursuant to a separate developer's agreement, will be constructing Lachman Avenue abutting Said Plat and 60th Street from the existing pavement east to Lachman A venue. Developer agrees that it may construct an ice arena building upon the Said Plat, but no occupancy permit will be issued until at least one "lift" of bituminous pavement has been placed upon said areas of Lachman Avenue and 60th Street. . C. Developer acknowledges that Donald Barthel and Betty Barthel, pursuant to a separate developer's agreement, will be constructing a storm water detention holding pond immediately to the south of Said Plat on Outlot A of Barthel Commercial Park. Developer agrees thatit may construct an ice arena building upon the Said Plat, but no occupancy permit will be issued until said detention pond is completed and the storm water from Said Plat is directed into said pond. 2. Intended Use of Subdivision Lots. It is the Developer's and City's intent that an indoor ice arena be constructed on Said Plat. 3. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and . 2 . . . '. 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 necessmy 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. 4. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 5. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved grading/erosion control plan shall be strictly complied with as set forth in the attached Exhibit C. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 6. 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 3 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. 7. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for pwposes of inspection or to accomplish any necessary work pursuant to this agreement. 8. 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. 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. . 4 . 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 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. . 9. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, shall dedicate all roads, road right of ways, sewers and water mains to the City. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. In recognition of both the recreational and educational value of the proposed ice arena to be constructed on the site, and the anticipated use of this site by a significant portion of the general public, the City hereby waives the park dedication requirement for Said Plat 10. 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 . 5 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. 11. Indemnity. Developer shall hold the City and its officers and employees hannless 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. 12. 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. 13. 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. . 14. 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 patties: STMA Ice Arena Joint Powers Board C/o City of Albertville P.O. Box 9 Albertville,~ 55301 STMA Ice Arena Joint Powers Board C/o City of St. Michael P.O. Box 337 St. Michael, ~ 55376 . 6 . . . STMA Ice Arena Joint Powers Board C/o Independent School Dist. No. 885 11343 50th St. N.E. Albertville,~ 55301 15. Agreement EfTect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By ~ Its Clerk ' JOINT POWERS BOARD B~~ Its Chairman 7 STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) . ~ .~ The foregoing instrument was acknowledged before me this ~~. q day of Ml/I'l.- , 1998, by Mark Olson, as Mayor of the City of Albertville, a esota municipal rpor tio on behalf of the city and pursuant to the authority of the City Council. STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) _ The foregoing instrument was acknowledged before me this / I day of V u"" , 1998, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. . a~ Notary Public STATE OF MINNESOTA) ) ss. COUNTYOFWRlGHT ) 8 PAUL FEDERER aJ NOTARY PUBLIC. MINNESOTA WRIGHT COUNTY My CGmmlssion Expjr8$ Jan. 3..1000 The foregoing instrument~l~efore me this 1'14 day of ~~ ' 1998, by ..~ ChaiJperson of the STMA Ice Arena Joi t P ers Board. .. fi(7C~ 8 . . . . Notmy Public STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument ~1""2Zt:z~;:ore ~ 'f;L q~ ~ ' 1998, by U4 as I ~ STMA I . na Joint Powers Boar . I Nor:L~ ~ ~ 8 MARY C..HNn'NEft at HOTAAYPUBlIC . MfNNl!8OTA . WRIGHT OOUHI'V "'~E.,..-I1._ DRAFTED BY: Radzwill & Couri Law Office P.O. Box 369 705 Central A venue East St. Michael, MN 55376 (612)497-1930 9 day of of the . EXHmIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (prior to platting): The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Barthel Commercial Park Second Addition Plat): Lots 1, Block 1 All said lots in Barthel Commercial Park Second Addition, City of Albertville, County of Wright, Minnesota. . . . . ,i " ; I' I' I!! Iii I hI eo .. i! =j !! I' ,I n ;~ ., I~~ . ~ /1 ~ / ./t/ ~ /f-.~ / ~ / ~ 1 .l1.~--v ~ / I -- ~ /~ l/1;\ , · ! / --fl --, r $f /" \ ~J ' . ~ OJ':: n;. t ii,I,:! ~ i : i j , ' : Q , \ I~ ~':I ,::.,".- : o I . '. :i " '. ~" ' ~ ~. ...., G " '. ". :. i ~ ~. I C) I I. .l.. " l "I -' I I c"" l'I.l '~"I ,. , .. : : 0' i ~ ~ il', f'! Ii' " : _' :. I I I \ 'II I I ':~ I _..~' 'J,' L_1.o:!'!_...;'",r<..."_ j'l.o L. ------------- "N '~1'" .' .. ---.:------ ' ...a::....;1.. to- __' 3N.' '3"''' , I' . ..".. 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