1997-07-07 Owner Development Agreement
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[OWNER]
CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT
Cottages of Albertville
THIS AGREEMENT, entered into this 7th day of July, 1997 by and
between Cottages of Albertville, LLC, 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 parcels of land described in Exhibit
"A", attached hereto and incorporated herein by reference, a portion of which parcels ofland are
proposed to be subdivided and platted for owner-occupied development, and which subdivision, which
is the subject of this agreement, is intended to bear the name "Cottages of Albertville" and may
sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and
WHEREAS, the City has given preliminary approval ofDeve]oper's plat of Cottages of
Albertville 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 "Municipal Improvements") be
installed to serve the Subject Property, to be installed and financed by Developer; and
WHEREAS, the City further requires that certain on- and off-site improvements be installed
by the Developer within the Subject Property, which improvements consist ofbou]evards, top soil and
sod, grading control per lot, bituminous or concrete driveways, 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 ofthe Subject Property;
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 ofMunicioal Imorovements.
A The Developer shall construct those Municipal Improvements located on and off Said
Plat as detailed in the Plans and Specifications for Cottages of Albertvil]e, as prepared
by Boonestroo, Williamson and Kotsmith, dated April 2, 1997, as on file with the City
Clerk, including performing all work as shown on Grading and Draining Plan attached
as Exhibit B, 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
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City, along with all items required by the City Engineer. Unless a later date is specified
by the City Engineer, said improvements shall be installed by October 15, 1997, with
the wear course of bituminous pavement to be installed after May 15, 1998 but before
June 30, 1998.
B.
The Developer warrants to the City for a period of two years from the date the City
accepts the project by resolution that all such Municipal 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.
Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements. 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. Developer shall receive written notice of the City's intent to
pay contractors and/or subcontractors with the surety and shall have the right to
contest such payment in good faith. Developer shall have 30 days to respond to the
written notice. No payment shall be made by the City until such dispute is resolved
Developer shall grade all lots at the same time as the street grading is performed, and
shall grade such lots in a manner which will allow for adequate drainage from the lot.
C.
D.
E.
The City shall, at its option, have the City Engineer present on Said Plat for inspection
purposes at all times (or such times as the City may deem necessary) during the
construction and installation of said Municipal Improvements. Developer agrees to pay
for all costs incurred by the City during said inspection.
F. Developer shall be responsible for all maintenance (including snow plowing) on all
private streets in said plat. Deve]oper shall keep all private streets in said plat in good
repair at all times, and shall keep said streets open so as to allow unhindered access for
emergency vehicles at all times. Removal of excess snow shall occur within 12 hours
after 2" of snowfall has accumulated. Such snow may be stored on site but shall not be
stored in a manner in which the height of the pile of snow exceeds 10 feet nor shall
snow be stored in a manner so as to block windows of homes or vehicular visibility.
G. Developer agrees that all private streets within the development shall be constructed in
accordance with City standards, except that width of the private streets shall be a
minimum of24 feet wide.
2. Construction of On- and OfT-Site ImDrovements.
A
Deve]oper 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, grass
seeding in back yards, grading control per lot, bituminous or concrete driveway
approaches, drainage swales, berming, and like items as necessary, street cleanup
during project development, and erosion control. Said on- and off-site improvements
shall be installed no later than October 15, 1998, with the exception of erosion control,
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drainage swales and berming, which shall be installed upon initial grading of Subject .
Property. Developer shall also comply with the landscaping plan as provided in this
document.
B. Deve]oper shall, at its own expense, cause the following items to be installed within the
development, all such items to be installed under ground, within the street right of way,
accessible to all lots and in compliance with all applicable state and local regulations:
1. E]ectrical power supply, to be provided by Northern States Power or other
such carrier;
11. Natural gas supply, to be provided by Minnegasco or other such carrier;
m. Te]ephone service, to be provided by SprintlUnited Te]ephone Company or
other such carrier;
IV. Cable television, to be provided by Jones Intercab]e or other such carrier.
In addition, the Deve]oper shall, at its own expense, cause street lights 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 sign
sizes and design shall be as follows:
1.
For each dwelling unit, one name/address plate shall be permitted not
exceeding two (2) square feet.
.
11. The owner occupied development and the renter occupied development shall
be allowed up to a combined total of three (3) overall project identification
signs (one facing each frontage) up to forty (40) square feet each. Sign plans
must be submitted for review and approval by the City Planner and City
Building Inspector.
C. Deve]oper has submitted a utility plan for Said Plat showing all existing and proposed
utility lines and easements, attached and incorporated herein as Exhibit C. Deve]oper
agrees to have all utilities installed according to this plan.
E.
D. Deve]oper shall install silt fencing as deemed necessary by the City Engineer within 30
days after said curbing is installed, or 7 days after the "small utilities" (gas, phone,
e]ectrical 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. Deve]oper shall remove all hay bales and
silt fencing from each lot as sod is installed upon said lot.
Notwithstanding the requirements of subparagraph 2A above, the Developer shall
install to the City's satisfaction the improvements for each lot or parcel within sixty (60)
days of the date that a certificate of occupancy (temporary or permanent) is issued by
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F.
the City for a building located on the lot, unless the certificate of occupancy is issued
after October 1st and before March 30th in any given year, in which case said
improvements shall be so completed by the following June 15th.
The vegetative species shall be in accordance with the Landscaping Plan attached as
Exhibit D.
G.
Developer shall install curb cuts at the intersection of 57th Street and the bituminous
trail as shown on the Landscaping Plan attached as Exhibit D.
H.
Deve]oper agrees to construct a trail connecting the owner occupied dwelling units to
the renter occupied dwelling units and community room in a location and design
approved by the City Planner and Engineer.
3.
Intended Use of Subdivision Lots.
A. It is the Deve]oper's and City's intent that 36 owner-occupied attached single family quad
homes be constructed on the lots in Said Plat. Developer agrees that it shall not construct
any units other than said owner-occupied single-family attached dwelling units on the land
in Said Plat, and all such units shall be constructed in the approximate location as shown on
the Site Plan, attached as Exhibit E.
B. Developer shall record a Declaration of Common Interest Community for the Cottages of
Albertville. Said Declaration of Common Interest Community shall among other things,
specify age restrictions consistent with this agreement, establish a Home Owner's
Association, and shall be acceptable to the City Attorney as to form and content..
C. The Cottages of Albertville shall be a seniors-only development. At least one resident in
each unit must be age 55 or older, and no residents under the age of eighteen are permitted.
D. No more than two units may be occupied by employees of the Homeowner's Association
and families of the employees who are under the age of 55 provided that the employees
perform substantial duties directly related to the management or maintenance of the
housing.
E. The Homeowner's Association must publish and adhere to policies and procedures that
demonstrate an intent to maintain a seniors-only development. Such an intent shall be
demonstrated by the following procedures in a manner acceptable to the City:
. The manner in which the development is described to prospective residents
. The nature of any advertising designed to attract prospective residents
. Age verification procedures
. Lease provisions
. Written rules and regulations
· Actua] practices of the owner or manager in enforcing relevant lease provisions
and relevant rules or regulations.
F. The developer must comply with rules issued by the Secretary of Housing and Urban
Deve]opment for verification of occupancy by reliable surveys and affidavits and include
examples of the types of policies and procedures relevant to a determination of compliance
with subparagraph "E" above.
G. The development must contain significant facilities and services specifically designed to
meet the physical or social needs of older persons. Significant facilities and services may
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include, but are not limited to:
. social and recreational programs
. continuing education
. information and counseling
. recreational, homemaker, outside maintenance and referral services
. accessible physical environment
. emergency and preventative health care of programs
. congregate dining facilities
. transportation to facilitate access to social services, and
. services designed to encourage and assist residents to use the services and facilities
available to them
Significant facilities and services does not include off-site facilities and services.
However, significant facilities and services does include the use of the community room
located in the rental portion of the subdivision by the owners of the owner-occupied
units. The owner-occupied Homeowner's Association shall have reasonable access to
the Community Room to comply with the requirements of this subsection. 'The
Homeowner's Association shall submit a Compliance Proposal to the City annually
demonstrating the provision of significant facilities and services specifically designed to
meet the physical or social needs of older persons.
G.
No person under age 18 may stay overnight with a person over the age of 55 who
resides in Albertville Cottages longer than 14 total number of nights in any period of 4
months. In no case may a person under the age of 18 stay overnight with a person
over the age of 55 who resides in Albertville Cottages more than 28 nights in a twelve
month period.
4. Surety Reauirements.
A. Deve]oper wiI] provide the City with a surety acceptable to the City Attorney as
security that the obligations of the Deve]oper under this contract shall be performed.
The surety must be in the amount of$ 150,000 (representing 100% of the estimated
cost of the improvements). Said surety must meet the approval of the City attorney as
to form and issuing bank.
B. The City may draw on said surety to complete work not performed by Developer
(including but not limited to on- and off-site improvements, Municipal Improvements
described above, erosion control, and other such measures), to pay liens on property to
be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution,
administration or enforcement of this agreement, to repair or correct deficiencies or
other problems which occur to the Municipal Improvements during the warranty
period, or to otherwise fulfill the obligations ofDeve]oper under this agreement.
C. In the event that any surety referred to herein is ever utilized and found to be deficient
in amount to payor reimburse the City in total as required herein, the Developer agrees
that upon being billed by the City, Deve]oper will pay within thirty (30) days of the
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mailing of said billing, the said deficient amount. If there should be an overage in the
amount of utilized security, the City will, upon making said determination, refund to
the 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.
Deve]oper hereby agrees to allow the City to 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 surety prove insufficient or should Developer fail to maintain said surety in
the amount required above within 30 days of mailing of written request by the City.
Should the City assess Developer's property for said costs, Deve]oper agrees not to
contest or appeal such assessment and waives all statutory rights of appeal under
Minnesota Statutes, including Minnesota Statute 429.081.
5. Surety Release.
A. That portion of said 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.
B.
Periodically, as payments are made by the Deve]oper for the completion of portions of
the Municipal 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 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.
C. The Deve]oper may request of the City a reduction or release of any surety as follows:
1. When another surety is furnished to the City to replace a prior surety.
11. When all or a portion of the Municipal Improvements or the on- and off-site
improvements have been installed, the surety may be reduced by the dollar
amount attributable to that portion of improvements so installed, except that
the City shall retain the letter of credit in the amount of 10% of the estimated
construction price of the Municipal Improvements during the first year of the
warranty period and 5% of the estimated construction price of the Municipal
Improvements during the second year of the warranty period.
m. As to all requests brought under this paragraph A, the City Council shall have
complete discretion whether to reduce or not to reduce said surety.
D. The costs incurred by the City in processing any reduction request shall be billed to the
Deve]oper and paid to the City within thirty (30) days of billing.
6.
Sanitary Sewer Trunk Line Fees.
Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the
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Developer to pay $ $8,540 ($1,400 per acre x 6.10 acres) in sanitary sewer trunk line fees as .
part of the platting of the Subject property.
7. Abandonment ofProiect - Costs and EXDenses. In the event Deve]oper should abandon the
proposed development of the Subject Property, the City's costs and 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
Deve]oper'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, or
fails to provide sufficient ground-cover to prevent continuing soil erosion from the Plat,
Developer agrees to pay all costs the City may incur in taking whatever action is reasonably
necessary 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. 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.
8.
DeveloDer To Pay City's Costs and EXDenses. It is understood and agreed that the
Deve]oper will reimburse the City for all reasonable administrative, ]egal, planning, engineering
and other professional costs incurred in the creation, administration, enforcement or execution
of this Agreement and the approval of the Cottages of Albertville 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. IfDeve]oper fails to pay said amounts, Deve]oper 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.
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9. 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.
10. Ditch Cleanine. Deve]oper 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 federal, state, county or city requirements, all at Deve]oper's expense.
11. Maintain Public ProDerty Damaeed or antlered Durine Construction. Deve]oper 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
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system (including but not limited to water main), 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 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. Deve]oper 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
Deve]oper 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 Deve]oper shall reimburse the City for all of its expenses within thirty (30) days of
its billing to the Developer. If the Deve]oper 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.
12.
Temoorary Easement Rie:hts. Deve]oper shall provide access to the Subject Property during
its development at all reasonable times to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this agreement.
13.
Miscellaneous.
A.
Developer agrees that all construction items required under this agreement are items
for which Deve]oper is responsible for completing and all work shall be done at
Deve]oper'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. Ifbuilding permits are issued prior to the completion and acceptance of public
improvements by City Council resolution, 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. 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 ]egal 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
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under this Contract (including the expiration of the warranty period), at the Deve]oper's .
request, the City will execute and deliver to the Developer a release of its obligations
under this agreement, except that the entire Paragraph 3, Intended Use of Subdivision
Lots, shall remain in effect as to the land at all times. If developer transfers its interest
in the Subject Property, Developer shall be deemed formally released of its obligations
herein, provided developer has completed all obligations under this Agreement, and
provided that the successor in interest must comply with, and is bound by, Paragraph 3,
Intended Use of Subdivision Lots.
H.
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 Deve]oper 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 Deve]oper so complies. Upon the City's
demand, the Deve]oper shall cease work until there is compliance.
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.
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I. Deve]oper agrees not to build on Lot No. 37. Developer agrees that Lot No. 37 shall
be maintained by the Homeowner's Association.
J. Deve]oper shall comply with all water, ponding and wetland related restrictions as
contained in the April 18, 1997 letter from the Wright County Soil and Water
Conservation District (said letter is on file with the City Clerk).
K. The property known as Outlot A, Parkside 3rd Addition is hereby released from the
Developer's Agreement recorded as Document No. 605210 on October 21, 1996,
except that Paragraphs IB and 16A which shall continue until such time period and / or
events referenced in said paragraph have expired orwere satisfied.
14. Draw on Surety. In the event a surety referred to herein is in the form of a surety 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 Deve]oper shall provide the City with
a new surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the
expiring surety. If a new surety 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 surety to avoid the loss of surety for the continued obligation.
The form of said surety must be approved by the City Attorney prior to its issuance.
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15.
Violation of A2reement.
A. In the case of default by the Deve]oper, 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 of the Deve]oper use all of the deposited
cash, irrevocable letter of credit or other surety funds to complete the Developer's
obligations under this agreement, and to 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.
B. Paragraph 15A shall not apply to any acts or rights of the City under paragraph 14
above, and no notice need be given to the Developer as a condition precedent to the
City declaring a default or drawing upon the expiring irrevocable letter of credit as
therein authorized. The City may elect to give notice to Developer of the City's intent
to draw upon the surety without waiving the City's right to draw upon the surety at a
future time without notice to the Deve]oper.
C. Breach of any of the terms of this Contract by the Deve]oper shall be grounds for
denial of building permits.
16. Dedications to the City.
A The Deve]oper, 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 sanitary sewers, storm sewers, water
mains, and trails to the City. Prior to dedication, Deve]oper shall provide to the City
"record drawings" 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.
Said dedications shall occur by June 30, 1998, or at such later time as determined by
the City.
B. The Deve]oper is not dedicating park land with this plat. As a result, Developer and
City have agreed that the park dedication requirement shall be paid to the City in the
form of cash in the amount of$18,000 (36 lots x $500 per lot). Payment of this fee
shall occur prior to release of the final plat.
C. Developer agrees to dedicate a ten foot trail easement along Highway 19 and an eight
foot trail easement along 57th Street, as shown on the Landscaping Plan attached as
Exhibit D. Said Plat is attached as Exhibit F, and incorporated by reference herein.
17. Zonin2 Standards. Developer shall adhere to the City's R-4 zoning standards, except for the
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following items which shall be allowed in this Planned Unit Development:
A. Private streets shall be 24 feet wide.
B. Two car garages shall be provided.
18. Phased Develooment. If the plat is a phase ofa 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
Deve]opment 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 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.
19. Indemnitv. 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 plat
approval and development. The Developer shall indeIllIlifY 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.
20. Assi2nment 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.
21. 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 Deve]oper 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
furnished by the Developer as provided herein.
22. 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 parties:
City of Albertville
c/o City Clerk
P.O. Box 9
A1bertville,~ 55301
Te]ephone: (612) 497-3384
Cottages of Albertville, LLC
c/o Steve Feneis
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1011 2nd Street North
Suite 109
P.O. Box 1802
St. Cloud, MN 56302
(320)202-8000
23. Ae:reement Effect. This agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
STATE OF MINNESOTA)
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COUNTY OF WRIGHT )
CITY OF ALBERTVILLE,
By . ~)\- r
Its er .
DEVELOPER,
Q~~
y 4.. F~.,/S
Its Manager
he foregoing instrument was acknowledged before me this 7 ;1/ day of
1997, by Mark Olson, as Mayor of the City of Albertville, a Minnesota
corporation, on behalf of the city and pursuant to the authority of the City Council.
~C~
MICHAEL C. CQURI Notary Public
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNlY
My Commission Expires Jan. 31, 2000
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STATE OF MINNESOTA)
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COUNTY OF WRIGHT
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~e foregoing instrument was acknowledged before me this ?d day of
, 1997, by Linda Houghton, as Clerk of the City of Albertville, a Minnesota
m~cip corporation, on behalf of the city and pursuant to the authority of the City Council.
~C~
N'otary Public
MICHAEL C, CaLIRI
NOTARH,,~,PUBLlC-MINNESOTA
M ",.NEPIN COUNTY
Y CommiSSion Expires J
an. 31, 2000
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ~ day of
~1^\O ,1997, by lb. "'1;$ , asManagerofCm\~" O{: AIM"l\..CLe- .
Q~~b~' ~oc9
e DEBRA M. KERFELD
Notay PublIc-Minnesota
'. Banton County
My Commls$lon Expires Jan 31, 2000
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~ THIS INSTRUMENT WAS DRAFTED BY:
Michael C. Couri
RADZWILL AND COURI LAW OFFICE
705 Central Avenue East, PO Box 369
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 (prior to the
filing of the Cottages of Albertville plat):
Outlot A, Parkside Third Addition, according to the plat thereof, on file and of record in the
Office of the County Recorder, Wright County, Minnesota.
The Real Property subject to the Developer's Agreement is legally described as follows (after the filing
of the Cottages of Albertville Plat):
Lots 1-37, Block one, Cottages of Albertville, on file and of record in the Office of the County
Recorder, Wright County, Minnesota.
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[RENTAL]
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT / SENIOR HOUSING AGREEMENT
Cottages of Albertville
THIS AGREEMENT, entered into this 7th day of July, 1997 by and
between Cottages of Albertville, LLC, 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 a parcel or parcels ofland described
in Exhibit "A", attached hereto and incorporated herein by reference, a portion of which parcels ofIand
are proposed to be subdivided and platted for renter-occupied development, and which subdivision,
which is the subject of this agreement, is intended to bear the name "Cottages of Albertville" and may
sometimes hereinafter be referred to as the "Subject Property" or "Said P]at"; and
WHEREAS, the City has given preliminary approval ofDeve]oper's plat of Cottages of
Albertville 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 "Municipal 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; and
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 driveway approaches, drainage swales, berming,
street signs, street cleanup during project development, erosion contro~ 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;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
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1.
Construction of Municipal Improvements.
A. The Deve]oper shall construct those Municipal Improvements located on and off Said
Plat as detailed in the Plans and Specifications for Cottages of Albertville, as prepared
by Boonestroo, Williamson and Kotsmith, dated April 2, 1997 as on file with the City
Clerk, including performing all work as shown on Grading and Draining Plan attached
as Exhibit B, said improvements to include installation of water mains, sanitary and
storm sewers, storm water ponding, site grading, curb and gutter, and paved streets,
including the extension ofKalland Avenue to the Northerly line of Outlot B, Center
Oaks. All such improvements shall be constructed according to the standards adopted
by the City, along with all items required by the City Engineer. Unless a later date is
specified by the City Engineer, said improvements shall be installed by October 15,
1997, with the wear course of bituminous pavement to be installed after May 15, 1998
but before June 30, 1998.
B. The Developer warrants to the City for a period of two years from the date the City
accepts the project by resolution that all such Municipal 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.
c.
Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements. Should Developer fail to
provide the City with all applicable lien waivers, the City reserves the right to draw
upon Deve]oper's surety and pay any contractors who performed work on any
Municipal Improvements and whom Deve]oper has failed to fully pay for the
performance of said work. Developer shall receive written notice of the city's intent to
pay contractors and/or subcontractors with the surety and shall have the right to
contest such payment in good faith. Developer shall have 30 days to respond to the
written notice. No payment shall be made by the City until such dispute is resolved.
D. Deve]oper shall grade the lot at the same time as the street grading is performed, and
shall grade such lot in a manner which will allow for adequate drainage from the lot.
E. The City shall, at its option, have the City Engineer present on Said Plat for inspection
purposes at all times (or such times as the City may deem necessary) during the
construction and installation of said Municipal Improvements. Deve]oper agrees to pay
for all costs incurred by the City during said inspection.
F. Deve]oper shall be responsible for all maintenance (including snow plowing) on all
private streets in said plat. Deve]oper shall keep all private streets in said plat in good
,
repair at all times, and shall keep said streets open so as to allow unhindered access for
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emergency vehicles at all times. Removal of excess snow shall occur within 12 hours
after 2" of snowfall has accumulated. Such snow may be stored on site but shall not be
stored in a manner in which the height of the pile of snow exceeds 10 feet, nor shall
snow be stored in a manner so as to block windows of homes or vehicular visibility.
The City will be responsible for snow plowing ofKalland Avenue when the base
course is installed, the utility castings have been adjusted and at least one of the homes
on Cottages of Albertville Plat is occupied.
G.
Developer agrees that all private streets within the development shall be constructed in
accordance with City standards for public residential streets, except that width of the
private streets shall be a minimum of24 feet wide.
2. Construction of On- and OfT-Site ImDrovements.
A.
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, grass
seeding in back yards, grading control per lot, bituminous or concrete driveway
approaches, drainage swales, berming, and like items as necessary, street cleanup
during project development, and erosion control. Said on- and off-site improvements
shall be installed no later than October 15, 1998, with the exception of erosion control,
drainage swales and berming, which shall be installed upon initial grading of Subject
Property. Developer shall also comply with the landscaping plan as provided in this
document.
B. Developer shall, at its own expense, cause the following items to be installed within the
development, all such items to be installed under ground, within the street right of way,
accessible to the lot and in compliance with all applicable state and ]ocal regulations:
1. E]ectrical power supply, to be provided by Northern States Power or other
such carrier;
n. Natural gas supply, to be provided by Minnegasco or other such carrier;
m. Telephone service, to be provided by SprintJUnited Telephone Company or
other such carrier;
tv. Cable television, to be provided by Jones Intercab]e or other such carrier.
In addition, the Deve]oper shall, at its own expense, cause street lights 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 renter
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occupied development and the owner occupied development shall be allowed up to a
combined total of three (3) overall project identification signs (one facing each .
frontage) up to forty (40) square feet each. Sign plans must be submitted for review
and approval by the City Planner and City Building Inspector.
C. Developer has submitted a utility plan for Said Plat showing all existing and proposed
utility lines and easements, attached and incorporated herein as Exhibit C. Developer
agrees to have all utilities installed according to this plan.
D. Developer shall install silt fencing as deemed necessary by the City Engineer 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.
Deve]oper 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 lot 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.
E.
Notwithstanding the requirements of subparagraph 2A above, the Deve]oper shall
install to the City's satisfaction the improvements for each lot or parcel within sixty (60)
days of 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 1st and before March 30th in any given year, in which case said
improvements shall be so completed by the following June 15th.
F. The vegetative species shall be in accordance with the Landscaping Plan attached as
Exhibit D.
G. Developer shall install a curb cut at the intersection of 57th Street and the bituminous
trail as shown on the Landscaping Plan attached as Exhibit D.
H. Developer agrees to construct a trail connecting the owner occupied dwelling units to
the renter occupied dwelling units and community room, in a location and design
approved by the City Planner and Engineer.
3. Intended Use of Subdivision Lot-Senior Housim! Restrictions.
A. It is the Deve]oper's and City's intent that renter-occupied attached single family quad
homes be constructed on the lot in Said Plat. Developer agrees that it shall not construct
any units other than said renter-occupied single-family attached dwelling units on the lot in
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Said Plat, and all such units shall be constructed in the approximate location as shown on
the Site Plan, attached as Exhibit E.
B. The Cottages of Albertville shall be a seniors-only development. At least one resident in
each unit must be age 55 or older, and no residents under the age of eighteen are permitted.
Developer shall take affirmative steps to ensure the continuous enforcement of this
provision.
C. No more than two units may be occupied by employees of the Developer and families of
the employees who are under the age of 55, provided that such employees perform
substantial duties directly related to the management or maintenance of the housing.
D. The Deve]oper must publish and adhere to policies and procedures that demonstrate an
intent to maintain a seniors-only development. Such an intent shall be demonstrated by
the following procedures in a manner acceptable to the City:
. The manner in which the development is described to prospective residents
. The nature of any advertising designed to attract prospective residents
. Age verification procedures
. Lease provisions
. Written rules and regulations
. Actua] practices of the owner or manager in enforcing relevant lease provisions
and relevant rules or regulations.
Deve]oper shall submit a Compliance Proposal to the City annually demonstrating
compliance with this provision
E. The developer must comply with rules issued by the Secretary of Housing and Urban
Deve]opment for verification of occupancy by reliable surveys and affidavits and include
examples of the types of policies and procedures relevant to a determination of compliance
with subparagraph "D" above.
F. The developer must provide significant facilities and services specifically designed to meet
the physical or social needs of older persons. Significant facilities and services may include,
but are not limited to:
.
. social ahd recreational programs
. continuing education
. information and counseling
· recreational, homemaker, outside maintenance and referral services
. accessible physical environment
· emergency and preventative health care of programs
. congregate dining facilities
. transportation to facilitate access to social services, and
· services designed to encourage and assist residents to use the services and facilities
available to them
Significant facilities and services does not include off-site facilities and services. The
owner-occupied Homeowner's Association shall have reasonable access to the
.
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Community Room located within the renter-occupied portion of the Cottages of
Albertville to accomplish the goals of this subsection. Developer shall submit a .
Compliance Proposal to the City annually demonstrating the provision of significant
facilities and services specifically designed to meet the physical or social needs of older
persons.
G. No person under age 18 may stay overnight with a person over the age of 55
who resides in Albertville Cottages longer than 14 nights in any period of four
months. In no case may a person under the age of 18 stay overnight with a person
over the age of 55 who resides in Albertville Cottages more than 28 nights in a twelve
month period.
4. Surety Reauirements.
A. Developer will provide the City with a surety acceptable to the City Attorney, as
security that the obligations of the Developer under this contract shall be performed.
The surety must be in the amount of$150,000 (representing 100% of the estimated
cost of the Municipal Improvements and on- and off-site improvements). Said surety
must meet the approval of the City attorney as to form and issuing bank.
B.
The City may draw on said surety to complete work not performed by Developer
(including but not limited to on- and off-site improvements, Municipal Improvements
described above, erosion control, and other such measures), to pay liens on property to
be dedicated to the City, to reimburse itselffor costs incurred in the drafting, execution,
administration or enforcement of this agreement, to repair or correct deficiencies or
other problems which occur to the Municipal Improvements during the warranty
period, or to otherwise fulfill the obligations ofDeve]oper under this agreement.
.
C. In the event that any surety referred to herein is ever utilized and found to be deficient
in amount to payor reimburse the City in total as required herein, the Deve]oper agrees
that upon being billed by the City, Developer will pay within thirty (30) days of the
mailing of said billing, the said deficient amount. If there should be an overage in the
amount of utilized security, the City will, upon making said determination, refund to
the 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. Deve]oper hereby agrees to allow the City to assess Developer's property for any and
all costs incurred by the City in enforcing any ofthe terms of this agreement should
Developer's surety prove insufficient or should Deve]oper fail to maintain said letter of
credit in the amount required above within 30 days of mailing of written request by the
City. Should the City assess Deve]oper's property for said costs, Deve]oper agrees not
.
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)
.
to contest or appeal such assessment and waives all statutory rights of appeal under
Minnesota Statutes, including Minnesota Statute 429.081.
5. Surety Release.
A. That portion of 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.
B. Periodically, as payments are made by the Deve]oper for the completion of portions of
the Municipal Improvements, and when it is reasonably prudent, the Deve]oper may
request of the City that the surety be proportionately reduced for that portion of the
Municipal 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.
C. The Deve]oper may request of the City a reduction or release of any surety as follows:
1. When another acceptable letter of credit is furnished to the City to replace a
. prior letter of credit.
11. When all or a portion of the Municipal Improvements and the on- and off-site
improvements have been installed, the letter of credit may be reduced by the
dollar amount attributable to that portion of improvements so installed, except
that the City shall retain the letter of credit in the amount of 10% of the
estimated construction price of the Municipal Improvements during the first
year of the warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty period.
Ill. As to all requests brought under this paragraph A, the City Council shall have
complete discretion whether to reduce or not to reduce said letter of credit.
D. The costs incurred by the City in processing any reduction request shall be billed to the
Deve]oper and paid to the City within thirty (30) days of billing.
6. Sanitary Sewer Trunk Line Fees.
.
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Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the
Developer to pay $7,154 ($1,400 per acre x 5.11 acres) in sanitary sewer trunk line fees as part .
of the platting of the Subject property.
7. Abandonment ofProiect - Costs and EXDenses. In the event Developer should abandon the
proposed development of the Subject Property, the City's costs and 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 Deve]oper within thirty (30) days after
receipt of a bill for such costs from the City. In addition, in the event the Deve]oper abandons
the project, in whole or in part, ceases substantial field work for more than nine (9) months, or
fails to provide sufficient ground-cover to prevent continuing soil erosion from the Plat,
Developer agrees to pay all costs the City may incur in taking whatever action is reasonably
necessary 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. 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.
8.
Developer To Pav 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 Cottages of Albertville 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, Deve]oper 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. Deve]oper has the right to request time sheets or work records to
verify said billing prior to payment.
.
9. 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 instal] all erosion control measures
deemed necessary by the City Engineer should the erosion control plan prove inadequate in any
respect.
10. Ditch Cleanin2. Deve]oper 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
.
8
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.
)
)
make any necessary improvements or go through any necessary procedures to ensure
compliance with any federal, state, county or city requirements, all at Developer's expense.
11.
Maintain Public ProDerty Dama!!ed or autlered Durin!! 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 water main), 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 Deve]oper further agrees to pay all costs required to repair the streets and/or utility
systems damaged or cluttered with debris when occurring 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
Deve]oper 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.
12. TemDOrary Easement Ri!!hts. Deve]oper shall provide access to the Subject Property at all
reasonable times during its development to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this agreement.
13, Miscellaneous.
A. Deve]oper 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. Ifbuilding permits are issued prior to the completion and acceptance of public
improvements by City Council Reso]ution, the Deve]oper assumes a1] liabi]ity and the
costs resulting in delays in completion of public improvements and damage to public
9
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')
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improvements caused by the City, Deve]oper, its contractors, subcontractors, .
materialmen, employees, agents, or third parties. No one may occupy a building for
which a building permit is issued on either a temporwy 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. Upon completion ofdeveloper's obligations contained in this agreement, the
City shall provide the developer with a release of its obligations herein. However,
paragraphs IF,3,7,8,1O,1l,13E,13G, 131,15,16,17,20,22,24 of this agreement shall run
with the land and bind all successors to this agreement.
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 Deve]oper 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 Deve]oper 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.
I. Developer shall comply with all water, ponding and wetland related restrictions as
contained in the April 18, 1997 letter from the Wright County Soil and Water
Conservation District (said letter is on file with the City Clerk).
.
10
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14.
Draw on EXDirin2: Surety. In the event a surety referred to herein is in the form of a surety
which by its terms may become null and void prior to the time at which all monetary or other
obligations of the Deve]oper are paid or completed, it is agreed that the Deve]oper shall
provide the City with a new surety, acceptable to the City,. at least forty-five (45) days prior to
the expiration of the expiring surety. If a new surety 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 surety to avoid the loss of surety for the continued
obligation. The form of said surety must be approved by the City Attorney prior to its
Issuance.
15. Violation of A2:reement.
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 Deve]oper 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 of the Developer use all of the deposited
cash, irrevocable letter of credit or other surety funds to complete the Developer's
obligations under this agreement, and to 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.
B. Paragraph 15A shall not apply to any acts or rights of the City under paragraph 14
above, and no notice need be given to the Deve]oper as a condition precedent to the
City declaring a default or drawing upon the expiring irrevocable letter of credit as
therein authorized. The City may elect to give notice to Developer of the City's intent
to draw upon the surety without waiving the City's right to draw upon the surety at a
future time without notice to the Deve]oper.
C. Breach of any of the terms of this Contract by the Deve]oper shall be grounds for
denial of building permits.
16. Dedications to the City.
A. The Deve]oper, 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 sanitary sewers, storm sewers,
11
WCR
'}
')
water mains, and trails to the City. Prior to dedication, Deve]oper shall provide to the .
City "record drawings" 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. Said dedications shall occur by June 30, 1998, or at such later time as
determined by the City.
B. The Deve]oper is not dedicating park land with this plat. As a result, Deve]oper and
City have agreed that the park dedication requirement shall be paid to the City in the
form of cash in the amount of$22,000 (44 units x $500 per unit). Payment of this fee
shall occur prior to release of the final plat.
C. Deve]oper agrees to dedicate a ten foot trail easement along Highway 19 and an eight
foot trail easement along 57th Street, as shown on the Landscaping Plan attached as
Exhibit D. The plat is attached as Exhibit F and incorporated by reference.
17. Zonin2 Standards. Developer shall adhere to the City's R-4 zoning standards, except for the
following items which shall be allowed in this Planned Unit Deve]opment:
A The building separation requirement shall be fifteen feet for the quad townhomes
on the north side of the rental property.
B. Building setback to curb line shall be eight feet for the west building on the north
and south side and the east building only on the south side. .
C. Private streets shall be 24 feet wide.
D. Single car garages shall be provided.
18. Kalland Avenue. Deve]oper warrants that storm, sanitary sewer, water, street and curb will
be extended in Kalland Avenue to that southerly line of Lot 38 by October 1, 1998.
19. Phased DeveloDment. 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
Deve]opment Contracts for such phases are approved by the City. Approval of this phase of
the Deve]opment shall not be construed as approval offuture phases nor shall approval of this
phase bind the City to approve future Deve]opment phases. All future Deve]opment 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.
.
12
WCB
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23.
-)
20.
Indemnitv. Deve]oper shall hold the City and its officers and employees harmless from claims
made by Deve]oper and third parties for damages sustained or costs incurred resulting from
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.
21.
Assiswment of Contract. The obligations of the Deve]oper under this Contract cannot be
assigned without the express written consent of the City Council through Council resolution.
Professional Fees. The Deve]oper 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 furnished by the Developer as provided herein.
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
parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (612) 497-3384
Cottages of Albertville, LLC
c/o Steve Feneis
1011 2nd Street North
Suite 109
P.O. Box 1802
St. Cloud, MN 56302
(320)202-8000
13
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24.
~l!""ment Etreet This llgl'eemeot shaH be binding upon and extend to the representatives,
heirs, succesSors and assigns of the Parties hereto.
.
J
CITY OF ALBERTVILLE,
Br~~
BY~~
Its Clerk
DEVELOPER,
! f
C2~~ _~
By .dq., F,,,,/ ~_
Its Manager
.
STATE OF MlNNESOT A )
) ss.
COUNTy OF WRIGHT )
he furegoing instrument was acknowledged befure me this _. ? 4 day of
1997, by Mark Olson, as Mayor of the City of Albertville, a Minnesota
unici aJ corporation, ou behalf of the city and pursuant to the authority of tbe City Council,
~'/I C~,
Notary Public
MICHAEL C. COURI
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My CommISSion Expires Jan. 31, 2000
r~
STATE OF MINNESOTA)
.
14
.
, ..' '-
)
COUNTY OF WRIGHT
) ss.
)
The fu~Oing instrument was acknowledged before me !bis ?;6( day of
<Z , 1997, by Linda Houghton, as Clerk of the City of Albertville, a Minnesota
municipal ~rpo tion, on behalf of the city and pursuant to the authority of the City Council.
?It:LIC~
Notary Public
e., . ..!~ C. COllRI
· . . -':..~rNNESOTA
5l "!liIlI1CI"JN COUNlY
· My~ExplresJan.31.2000
~-
STATE OF MINNESOTA)
COUNTY OF WRIGHT
) ss.
)
The foregoing instrument was acknowledged before me this a \ ~ day of
::s.u. \(r , 1997, by \:n n hl'eiJas Manager of C-c+\o~e) (){: ~\~(-\v\ \ \e. LLe...
8 DEBRA M. KERFELD
... Notay Public-Minnesota
Benton County
My Commission Expires Jan 31, 2000
RETU~ l~
THIS INSTRUMENT WAS DRAFTED BY:
Michael C. Couri
RADZWILL AND COURI LAW OFFICE
705 Central Avenue East, PO Box
St. Michael, MN 55376
612/497-1930
.
C8..hn ~. ~criJ
Notary Public
369
15
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EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows (prior to the
filing of the Cottages of Albertville p]at):
Outlot D, Center Oaks, according to the plat on file in the Wright County Recorder's Office,
Wright County, Minnesota.
The Real Property subject to the Deve]oper's Agreement is legally described as follows (after the filing
of the Cottages of Albertville Plat):
Lot 38, Block 1, Cottages of Albertville, according to the plat on file in the Wright County
Recorder's Office, Wright County, Minnesota
16
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