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1998-08-05 Development Agreement . . . t - CITY OF ALBERTVll..LE DEVELOPER'S AGREEMENT Cedar Creek South THIS AGREEMENT, entered into 1his ~ day of ~$t , 1998 by and between Pilot Land Development Company, Inc., referred to her as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSEm: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land ~~scribed 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 sllbdivision, which is the subject of this Agreement, is intended to bear the name "Cedar Creek South" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat". and , WHF;REAS, the City has given preliminmy approval of Developer's Development Stage plan of Cedar Creek South 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, municipal water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property and, fwther, to be 1 ., '1 ^ . 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; 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 Agreemenf') 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 South, 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, mEREFORE, IT IS HEREBY AND HEREIN MUTUALLY A GREED, 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 Februmy 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 . 2 . . . Planned Unit Development. Finally, Developer must provide one (1) deciduous or coniferous tree on each said lot. B. Golf Course. It is the Developer's and City's intent that Lot 1, Block 1 be used only as a golf course, with a club house located on Lot 1, Block 1, and a maintenance building located on either Lot 1, Block 1 or other golf course property location as approved by the City. Developer may periodically Tent out portions of the club house for special events such as weddings, anniversmy parties, business meetings, etc., provided said rentals do not interfere with the operations of the golf course. Developer shall be required to obtain building and site plan approval from the City Council priOf to construction of the club house. 5. Surety Requirements.. Developef will provide the City with an irrevocable letter of credit (or othef surety as approved by the City Attorney) as security for the obligations of the Developef required to be performed undef this contract. Said letter of cTedit Of surety shall be in the amount of $24,000, representing 100% of the estimated Temaining cost of the installation of the Municipal Improvements. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. If a bond is used for up to 25% of the surety amount, said bond shall be in an amount at least 1.5 times the percentage of the required surety which the bond fepresents. No bond, letter of credit Of 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 necessmy to that lot are constructed (subject to paragraph 2E of the Master Agreement), to the City's /;reasonable satisfaction, as required under this Agreement. 6. Sanitary Sewer Trunk Line Fees. Developer agrees that by October 1, 1999, Developer shall pay a Trunk Line fee of $3,200 fepresenting the fee felated to the Golf Course area only (pursuant to paragraph 8B. of the Master Agreement). Developer acknowledges that it is paying a feduced fee for the Golf Course area but that it will pay an increased Trunk Line fee (greater than the normal $1,400 per acre) for residential land platted in the future which is subject to the Master Agreement. 7. Erosion and Siltation Control. Before any grading is started on any site, all efosion control measures as shown on the approved efosion control plan shall be strictly complied with as set forth in the attached Exhibit B. Developef shall also install all erosion control measures deemed necessmy by the City Engineer should the erosion control plan prove inadequate in any respect. 8. Ditch Cleaning. Developer shall comply with all fequirements set forth fOf drainage 4 . '1 Agreement") supplement the Master Agreement as to the specific development . issues related to the Cedar Cfeek South Plat, and that these two documents be read together to determine the rights and obligations of the parties with fespect to the property contained within the Cedar Creek South Plat. 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 the Cedar Cfeek South Plat, but any such conflicts shall not altef the terms of the Mastef 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 shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Cedar Creek South, as prepared by Meyer-Roblin, Inc. dated May 8, 1998 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 fequired by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 3 1, 1998, with the wear course of bituminous pavement to be installed after May 15, 1999, but before June 30, 1999. 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 Of concfete driveways, drainage swales, berming, and like items as necessmy, street cleanup during pfoject development, and erosion control, all as fequired by City ordinance. Said on- and off- site improvements shall be installed no later than October 31,.2001, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Subject Property. 4. Intended Use of Subdivision Lots, Requirements. A. Single Family Lots. It is the Developef's and City's intent that single-family detached dwelling units be constructed on Lots 2-8, Block 1 and Lots 1-4, Block 2 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 said lots. Said lots may have varying 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 . 3 Ir; . . . ~ it *~iKinto any county ditch or other ditch through which watef from Subject Property may drain, and shall make any necessary improvements Of go through any necessary procedures to ensure compliance with any legally enfofceable 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 Developef 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 fecofded against the title to the property (or shall be recofded via a short-form companion document referencing this Agreement). Upon the Developer's request the City will execute and deliver to the Developer a felease discharging Developef's obligations under this Agreement, provided the Developer has completed all work and met all obligations fequired undef this Contract, and aftef expiration of the warranty period. B. The Developef 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 Of development work in Said Plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. C. PriOf 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 Of 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 comply with all legally enforceable water, ponding and wetland related festrictions as contained in the November 18, 1997 letter from the Wright County Soil and Water Conservation District (said letter is on file with the City Clerk). E. 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 Of ordinary high watef level Of less than one foot above the 100-year flood level of 5 oj,. '. any adjacent watef 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 watef 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. F. The Albertville City Council fesefVes the right to allocate wastewater treatment capacity in a mannef it finds to be in the best interests of the public health, safety and welfare. 10. 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 wOfk and certification of completion by the City Engineer, shall dedicate all roads, foad right of ways, sewers and water mains to the City, except the sanitary sewer service line connecting to the clubhouse (which shall femain private) and the waterlines not connected to municipal watef systems (which shall also femain private). Upon acceptance of dedication, Developef shall provide to the City "As-Builts" of all sewers, watef mains, and roads. Acceptance by City of any dedication shall occur upon passage of a fesolution to such effect by the City . Council. B. The Developef shall dedicate to the City sufficient perpetual easement ovef all . ... utilities required to be dedicated in paragraph lOA above to support the use, maintenance and fepair of said utilities. Said easements shall be in a form and with legal descriptions acceptable to both the City Engineer and City Attorney. C. Developer shall dedicate to the City a drainage easement over, under and across all water quality ponds located on Said Plat. The owner of Lot 2, Block 1 shall remain solely responsible fOf the maintenance of said ponds and all cost associated therewith. The drainage easement shall be in a form and with legal descriptions acceptable to both the City Engineer and City Attorney. D. Developer acknowledges that under the City's park dedication ordinance, it must dedicate 10% of the fesidentialland fOf park dedication pwposes or pay a park dedication fee of $1,300.00 pef fesidentiallot platted. Developef is not dedicating any land for park purposes as part of Said Plat. Accordingly, Developer agrees to pay a park dedication fee of$14,300 (11 residential lots x . 6 . . ":{'-'--;:- ";,-, . $1,300 per lot) in satisfaction of Developer's park dedication obligation felated to the fesidentiallots in Said Plat. E. Developer acknowledges that it is obligated to pay park dedication fees in the amount of 7.5% of the value of the land being platted for golf course purposes. The City and Developef agree that the said land is valued at $2,040 per acre as determined by the Wright County Assessor, and that the golf course property being platted in Said Plat consists of 85.77 acres. ACCOfdingly, the Developer agrees to pay $13,122.81 (85.77 acres x $2,040 per acre x 7.5%) in satisfaction of Developer's park dedication obligation related to the property to be used for golf course pwposes in Said Plat. F. Developer must construct an eight (8) foot grade separated trail on the north/east side of Karston Avenue. Developer shall also provide the necessary easement and construct a ten (10) foot wide trail along Wright County Highway No. 118 in the approximate location as shown on the attached Exhibit C. Developef shall coordinate with the City Council and Wright County Highway Department in an effort to determine the location of said trial along Highway No. 118. G. . Developer shall install a fourteen (14) foot paved trail in Outlot C of Said Plat for emergency and trail access at the end of Karst on Court, as shown on the attached Exhibit C: H. Trail installation costs will be cfedited toward Developef's park dedication ,!equirements (and credited to future plats if said costs exceed the amount of park ) dedication money the Developer owes as a fesult of this plat), except the fourteen (14) foot trail referred to in paragraph 10(G), the cost of which shall not be .. cfedited toward Developef's park dedication requirements. All trails must be constructed to standards as set forth by the City Engineef in conformance with the intent of the City's Compfehensive Park and Trail System Plan. Trail credits referred to in this paragraph shall be the sum of the construction cost of said trail plus 5% for engineering and administration. 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 Of costs incurred resulting from Said Plat appfoval and development. The Developer shall indemnify the City and its officefs, employees and agents fOf all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. Thiid parties shall have no fecourse against the City undef 7 this contract. . 12. Assignment of Contract. The obligations of the Developef 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~.. By L) J~~ Its C rk ~- ,- ,. . STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) "'/-1 If The :fi fegoing instrument was acknowledged before me this .:;; day of 1998, by Mark Olson, as Mayor of the City of Albertville, a Minn s municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ~L~ Not~ . . 'ROY A. SCHERER I NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY Mr COftIIIlllllon Expllt. Jill. 3t, 2000 . . 8 . STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) ~o.regoing instrument was acknowledged before me 1his J J day of , 1998, by Linda Goeb, as Clefk of the City of Albertville, a Minnesota municipalcorpofation, on behalf of the city and pursuant to the authority of the City Council. /1d/c~ Notmy Public 8 MICHAEL C. COllRI .. " . NOTARY PUBUC-MINNESOTA · . HENNEPIN COUNTY .. My Commission Expires Jan. 31, 2000 ..- STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) . ~# e foregoing instrument was acknowiedged before me this l day of sident of Pilot Land Development - J~i ~:~.::: -;<~,'f:'~-:", ,;..,.-\:" , __t;)':;:C:,_:",_~~ j;,":!L.<:;;... : .'- ~:J'\:::':"._;'::...:""t '. DRAFTED BY: Couri & MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 . 9 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 Cfeek South Plat): Lots 1-8, Block 1 Lots 1-4, Block 2 Outlots A, B, C, and D All. said property in Cedar Cfeek South, City of Albertville, County of Wright, Minnesota. . . . . . . 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 Cfeek South Plat): Lots 1-8, Block 1 Lots 1-4, Block 2 Outlots A, B, and C All said property in Cedar Creek Soutb, 9ity.. ofAlb~e, County..of)Vright, Minnesota. .. ;::{>,< ]~~t- .ii\.- ~ ),!J,-- -- . ... ~_m~'" ~mmf ~ , . I I ............ t f le..11 IIi )Jlf \ if :1 ; Iff I iUIPJlIU I I J thlltllll i. I III rh....1 ' ", I i If i I: ~ .. , : - -...... , , . I -'7 r ) : ~ . -lr ell ~ 'I i . I i ~ I' t "'t';; I I i I:! \ il ". ". " . 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'--"~:l ~y ~O. /t~J"- 0.... OV~'" ~ ...b .. .~e c; 'or) /~ '!I..f6~~ e~'i ~ .. cl~~ X ,..~o \ ~ \ ~ / .\_......~ _---West line of the NE 1/4 of - the SW 1/4 of Sec. 2. /'" /'" / ,/ / / / / / I. I \ \ \ \ \ \ \ \ \ \ \ '" '" '" ""'- "'-... ........... . III S.c :,.... ~'O -,--r , 0 I -- 0'3'--/ Being 5.00 fHt In width, unl,'l indicattld, and adjoinIng lot 11n... fHt In width, unless oth.,-wl.. and adjoining right-of-way lines on the plat. -------------- --- ........... --- ............ ---- ........... ........... ""'- ""'- '" '" \ \ \ --_\ \ \ \ \ \ f"I. \ \ \ \ \ \ \ / / I \ \ / / / / / / / / / ,/ / /'" ---- \ ............ ---- ........... --- ------------------ SHEET R C (.Ewa. UleE"~ Sou...,.".