1998-12-21 Development Agreement
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CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
Cedar Creek North Second Addition
THIS AGREEMENT, entered into this ~/ s.:r daY~t"~.A99.fl,y and
between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the
CITY OF ALBERTVILLE, COWlty 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, which
parcel(s) of land are proposed to be subdivided and platted for development, and which.
subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar
Creek North Second Addition" and may sometimes hereinafter be referred to as the "Subject
Property" or "Said Plat"; and :
WHEREAS, the City has given preliminmy approval of Developer's Development
Stage plan of Cedar Creek North 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, sanitmy sewer, municipal water, storm sewer and streets (hereafter
"Municipal Improvements") be installed to serve the Subject Property and, further, to be
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financed by Developer;
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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; and
WHEREAS, the City and Developer have previously entered into a Developer's
Agreement titled "City of Albertville Developer's Agreement Cedar Creek Golf Course
Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") under
which the City granted concept plan approval to the plan for the area covered by said Master
Agreement; and
WHEREAS, the City and Developer desire to supplement the Master Agreement
with the site specific details applicable to Cedar Creek North Second Addition, as evidenced
by the execution of this Agreement; and .
WHEREAS, the City and Developer desire to have this Agreement and the Master
Agreement read together as if the entire Master Agreement were recited herein;
NOW, TIlEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. Concept Plan Master Agreement.
A. That certain Developer's Agreement entitled "City of Albertville Developer's
Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan
Master Agreement" ("Master Agreement") between Pilot Land Development
Company, Inc. and the City of Albertville, dated February 27, 1998 is hereby
incorporated 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
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Agreement") supplement the Master Agreement as to the specific development
issues related to Cedar Creek North Second 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 Cedar Creek North Second 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 Cedar Creek North Second Addition, but any such
conflicts shall not alter the terms of the Master Agreement as they apply to other
plats, now existing or to be platted in the future, within the remaining land area
subject to the Master Agreement.
2. Construction of Municipal Improvements. The Developer has installed all Municipal
Improvements required for said Plat. No additional Municipal Improvements shall be
required to be installed unless the City Engineer directs the installation of said Municipal
Improvements to correct deficiencies in the design or installation of the existing
Municipal Improvements.
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3. Construction of On- and Off-Site Improvements. Developer shall construct all on-
and off-site improvements including installation of boulevards, street signs, traffic signs,
yard top soil, sod in all front and side yards, at least one tree in the front yard, grass
seeding in back yards, grading control per lot, bituminous or concrete driveways,
drainage swales, berming, and like items as necessmy; 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 October 31,2000, with the exception
of erosion control, drainage swales and berrning, which shall be installed upon initial
grading of Subject Property.
4. Intended Use of Subdivision Lots, Requirements. 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. Lots located in Said
Plat may have vmying front yard setbacks, provided that no front yard setback may be
less than thirty (30) feet. The final plat must show the minimum front yard setbacks and
these setbacks must remain in force throughout the life of the Planned Unit
Development.
5. Surety Requirements.. No bond, letter of credit or other monetary surety is required to
secure construction of the on and off-site improvements. However, the parties
understand and agree that a certificate of occupancy will not issue on any particular lot
until all on and off-site improvements necessary to that lot are constructed (subject to
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paragraph 2E of the Master Agreement), to the City's reasonable satisfaction, as
required under this Agreement.
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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 5.0 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
1runk line. Therefore, the Developer shall be required to pay $2,500.00 ($500.00 x 5.0
acres). Developer will pay said fee prior to the release of the [mal plat by the City.
7. 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 B. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
8. 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 necessmy improvements or go through any necessary
procedures to ensure compliance with any legally enforceable federal, state, county or .
city requirements, all at Developer's expense. The City may elect to (but shall not be
required to) refund to the Developer expenses incurred by Developer for machine
operator time spent cleaning the ditch beyond the boundaries of Said Plat.
9. Miscellaneous.
A. This Contract shall run with the land and shall be recorded against the title to the
property (or shall be recorded via a short-form companion document referencing
this Agreement). Upon the Developer's request the City will execute and deliver
to the Developer a release discharging Developer's obligations under this
Agreement, provided the Developer has completed all work and met all
obligations required under this Contract, and after expiration of the walTanty
period.
B. The Developer represents to the City that Said Plat complies with all City,
county, state and federal laws and regulations, including but not limited to,
subdivision ordinances, zoning ordinances, and 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 Said Plat until the Developer so
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complies. Upon the City's demand, the Developer shall cease work until there is
compliance.
C. Prior to the execution of this Agreement and prior to the start of any construction
on the Subject Property, Developer shall provide the City With 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.
D. Developer shall not place any structure at an elevation such that the lowest grade
opening is less than two feet above the highest known surface water level or
ordinmy high water level or less than one foot above the 100-year flood level of
any adjacent water body or wetland. If sufficient data on high water levels is not
available, the elevation of the line of permanent aquatic vegetation shall be used
as the estimated high water elevation. When fill is required to meet this
elevation, the fill shall be allowed to stabilize and construction shall not begin
until the property has been approved by the Building Inspector or a professional
soils engineer.
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F. The Albertville City Council reserves the right to allocate wastewater treatment
capacity in a manner it finds to be in the best interests of the public health, safety
and welfare.
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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-Boots" 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.
C. Developer acknowledges that a total of 0.5 acres of park land (5 acres of land x
.10) are needed under the City's current park dedication. The Developer is not
dedicating any park land with this plat. Developer shall meet its park dedication
requirements through the payment of $1,300 per residential lot platted in this plat,
subject to offsets in favor of the Developer for excess park land dedicated in prior
plats and the cost of construction of trails built by Developer at the City's
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direction. Developer shall make any payments due to the City under this
paragraph at such time as the City directs.
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11. Indemnity. Developer shall hold the City and its officers, employees and agents
harmless from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said Plat approval and development. The Developer
shall indemnify the City and its officers, employees and agents for all costs, damages
or expenses which the City may 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. Agreement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By \)~~v-.
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Its Clerk .
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PILOT LAND DEVELOPMENT
COMP C
B~ ent Roessler
It President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
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d,. ~Oing instrument was acknowledged before me this .;l,/ day of
~ . 1998, by DUMB- BRRtm,Gas Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
~. ~A)%' ~o'~ '.~
Notmy Public
...~.
. LINDA M. HOUGHToN
..~. .. -.. NO. T.A RY PUBlIC .W NHESOTA I
> WRIGHT COUNTY
~ I~, Commilllon ExpirttJlII. 31, 2000
.~~vY\~'r.,,"'~.~h"'YIV.
~ furegoing instrument was acknowledged before me this f? ut day of
, 199~; by Linda Goeb, as Clerk of the City of Albertville, a
. Minnesota ~cipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Notmy Public
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The foregoing instrument was acknowledged before me this tL:J day of
19~ by Kent Roessler, as President of Pilot Land Development
{Z~4t/ ~~
Notary Public
DRAFTED BY:
Couri & MacArthur Law
Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
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EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing of the Cedar Creek North Second Addition Plat):
Lots 1-7, Block 1
Lots 1-6, Block 2
All said property in Cedar CreekNorth Second Addition, City of Albertville, County
of Wright, Minnesota.
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