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1999-04-27 Development Agreement ,_:J ~Ii . ~(Q)~~ CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT Cedar Creek South Third Addition THIS AGREEMENT, entered into this 27th day of April, 1999 by and between Pilot Land Development Company, referred to herein 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 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 South Third Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and I' WHEREAS, the City has given preliminmy approval of Developer's Development Stage plan of Cedar Creek South Third 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, municipal water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property and, further, to be 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 pwpose 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 South Third 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, THEREFORE, 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 Agreement") supplement the Master Agreement as to the specific development issues related to Cedar Creek South Third 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 South Third 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 South Third 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 shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Cedar Creek South Third Addition, as prepared by Meyer-Roblin, Inc. dated March 26th, 1999, as on file with the City Clerk, said improvements to include installation of water mains, sanitmy 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 31st, 1999 with the wear course of bituminous pavement to be installed after May 15th, 2000 but before June 30th, 2000. . 3. Construction of On- and Off-Site Improvements. Developer shall construct all on- and off-site improvements including installation of bolllevards, 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 necessaty, 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 31st, 2001, with the exception of erosion control, drainage swales and benning, 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 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 Planned Unit Development. Finally, Developer must provide one (1) deciduous or coniferous tree per lot within Said Plat. 5. Surety Requirements.. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security for the obligations of the Developer required to be performed under this contract Said letter of credit or surety shall be in the amount of $208,500.00 representing 50% of the estimated . , . remaining 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 represents. No bond, letter of credit or other monetaI)' 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 the City's Sanitmy Sewer Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in sanitmy sewer trunk line fees. There are 39.56 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~ sanitary sewer trunk line. Therefore, the Developer shall be required to pay $19,780 ($500.00 x 39.56 acres). Developer will pay said fee prior to the release of the final 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. I 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 necessary 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 fl>r machine operator time spent cleaning the ditch beyond the boundaries of Said Plat. 9. Miscellaneous. A. This Contract shall run with fue land and shall be recorded against the title to the property (or shall be recorded via a short-form companion docuplent 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 warranty . . . . 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 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 comply with all legally enforceable water, ponding and wetland related restrictions as contained in the letter dated November 18th, 1999 from the Wright County Soil and Water Conservation District (said tetter 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 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. 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 pu~lic 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 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. . B. Developer acknowledges and agrees that a total of3.956 acres of park land (39.56 acres of residential land x .10) are required to be dedicated to the City under the City's current park dedication ordinance, or the Developer must pay the City a park dedication fee of $ 1,300.00 per buildable lot being platted. The Developer and City agree that no park land is being dedicated within Said Plat. The Developer is constructing and dedicating trails as shown on Said Plat. Trail construction and dedication costs shall be credited to Developer as provided in subparagraph 10( c) below. Developer and City thus agree that the park dedication requirement shall be met via the payment ofS59,800.00 in cash to the City (46 lots x $1,300.00), minus any credit for trail construction and dedication as provided in subparagraph 1 0( c). Developer shall make any payments due to the City under this paragraph at such time as the City directs. C. Developer must provide trail easements and construct trails on Said Plat, as shown on the attached Exhibit C. Said trails shall be installed with the Municipal Improvements, and Developer shall, via written notice, inform any . prospective purchasers of lots abutting said trails of the existence of said trails prior to the sale of said lots to the prospective purchasers, unless said trails are fully constructed prior to any such sale. Trail dedication and installation costs will be credited toward Developer's park dedication requirements (and credited to future plats if said costs exceed the amount of park dedication money the Developer owes as a result of this plat). All trails must be constructed to standards as set forth by the City Engineer'ht cbnformance with the intent of the City's Comprehensive 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, employe,es and agents hannless from claims made by Developer and Third Parties for' ~ages 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. r . . . . 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, Its Clerk Y ST ATE OF MINNESOTA) ) 55. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 'ivJ day of ~ ' 1999, by 101m Olson, as Mayor of the City of Albertville, a Minne ota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. 'rAil { ~ Notary Public MICHAEL C. COllRI I NOTARY PUBUC-MINNESOTA ',{ HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 , STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) . M foregoing instrument was acknowledged before me this 2 r t! day of . , 1999, by Linda Goeb, as Clerk of the City of Albertville, a MiIdiesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. '. " ~c~ STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) Notary Public 8 MlCHAELC. COLIRI .. . DMYNlJC.MINNESOTA , - IIJIIPIN COUNtY ' '" CcIanIasIon ExpIres.... 31. 2000 The foregoing instrument was acknowledged before me this d/"~ day of A ~ ' 1999, by Kent Roessler, as President of Pilot Land Development Company. ~) ry~ ~t,'-~~ PATRICIA PRATT Notary Public , ~'... 7/t NOTARY PUBLIC - MINNESOTA ~._., My Comm. Exp Jan. 31,2 . DRAFTED BY: Coun & MacArthur Law Office P.O. Box 369 705 Central A venue East St. Michael, Iv1N 55376 (612)497-1930 . . . . ,., .,' Exhibit A Lots 1 and 2, Block 1; Lot 1, Block 2; Lots 1 through 3, Block 3; Lots 1 through 22, Block 4; Lots 1 through 10, Block 5; Lots 1 through 8, Block 6 and Outlot A, Outlot B, Outlot C, Outlot D and Outlot E, all lying within CEDAR CREEK SOUTH THIRD ADDITION as shown on the plat thereof on file and of record in the Office of the Wright County Recorder, Wright County, Minnesota. . i: i :i~~' I. 'tot. -:;;.. l~ :~ ;;..~1~ i' ~ ""'\ t: r ~~z ~! .~" I II i ;~l, : I ;~:~ . i=-l ::! 'Jr. ':"'- ~l :~ i ~Q!f,' :~~':, '.. ..:~ ]' I .... ~ I' . i ; :i :" \ ~ " ':~ ~ ; i l. . . . , ..;~ , . I" . t.' i:l.,.', " . EXHIBIT B PAGE B-1 r-:- .+"!- J- . j"- I i t I ! -l~~ I I . EXHIBIT B PAGE B- 2 .. .... '1.,.... \ : . -":'lr - ....... . oj" . . . " . . 0; ."".i. 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