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2001-08-16 PUD Agreement f...... 1^. .... ......... ....y'.",. . . ~ \7.- " :/-'.' , . ~(Q)[F)\f . CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT HERITAGE COMMONS lHIS AGREEMENr, entered into this 16 "" day of c1u~;e- ,2001 by and between Cascade II, 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 of the real property descnbed in the attached Exhibit A, which real property is proposed to be subdivided and Platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the lIllD1e "Heritage Commons" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAs, Developer intends to subdivide 2.1 gross acres into 14 single-fumily residential lots for PUlposes of constructing 14 single-liunily attached senior housing residential units; and WHEREAs, approval of a Planned Unit Development is required to allow for the aforementioned subdivision proposed by Developer; and WHEREAS, the City has given preliminary apProval of Developer's plat of Heritage Commons contingent upon compliance with certain City requirements including, . but not limited to, matters set forth herein; and I J' . WHEREAs, the City requires that certain public improvements including, but not limited to bituminous s1reet, sidewalk, trail(s), curb and gutter, grading, drainage, sanitary sewer, municipal water and stonn sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject Property and be finanCed by Developer; and WlfEREAs, the City further requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of paved private Streets, bOUlevards, top soil and SOd, grading control per lot, bituminous or concrete driveways, J>ad<ing lot, drainage SWales, berrning, strect signs, street cleanup during project development, erosion controL and other site-related items; and WHEREAs, this A!lleement is entered into for the PUlpose of setting forth and memorializing for the Parties and subsequent owners, the understandings and COVenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; . NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: I. f1anned Unit DevelnDDleD.!, Said Plat is hereby approved as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to minimum lot sizes, lot widths and set-back requirements. Unless otherwise explicitly set forth in this Agreement, however, Developer must confunn to the requirements of the Albertville Zoning and Subdivision Ordinance, as well as all other applicable land USe regulations: A. The underlYing zoning in Said Plat shall be the same as that shown in the City's R-5 zoning district, except that the following standards shall be as set out below: 1. 11. iii. IV. v. Lot Size: Front yard setback: Side yard setback: Rear yard setback Building Separation: Per final plat. 30 feet (Front faces Lambert Avenue) 25 feet 25 feet Per Site Plan attached as Exhibit B. B. All grading, drninage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. 2 J............, .' .... . . . C. Trees, shrubs, berms and SCreening are to he planted and installed as shown on the landscape plan attached as Exhibit C. The Developer shall gDarantee that all new plantings shall Survive for two full years from the lime the planting has been completed or will be replaced at the expense of the Developer. D. The Developer shall liIe property owners association COVenants against all Lots in Said Plat, said COVenants to be submitted to the City Attorney for review and apProval and shall be subject to the requirements of Section 1100 and 2700 of the City Zoning Ordinance. Said COVenants shall establish a Homeowner's Association or a Common mterest Community and shall, among other things, specity age restrictions for all residents of Said Plat consistent with this agreement. E. Outlot A shall remain an unbuildable Int and shall be used as a common area for all lots in Said Plat, and shall be maintained by the Homeowner's association. F. The Homeowner's Association shall maintain the exterior of all bUildings constructed on Said Plat. G. Outside Slotage ofrecreationaJ vehicles or equipment shaIJ be Prohibited On Said Plat. H. It is the understanding of the Parties that Developer does not presently intend to make USe of model homes within Said Plat. The Parties aCknowledge and agree that should Developer decide to construct any model homes within Said Plat, USe of such Model Homes sball be Consistent with Section 2200 of the Albertville Zoning Ordinance. The Parties further agree that prior to construction of any model homes, the Parties will enter a model home agreement and that said model home agreement shall be subject to review and approval by the City Attorney. 1. All housing constructed On Said Plat shall be a seniors-only development, and shall comply with the following restrictions: l. At least One resident in each unit must be age 55 Or older, and no residents under the age of eighteen are permitted. ll. No more than one unit within Said Plat may be occupied by an employee of the Homeowner's Association, or its family members, who are under the age of 55. All employees under the age of 55 3 '.. . must perfonn substantial duties dile<;t1y related to housing management or maintenance in order to be eligible to live On site. III. 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 evidenced by procedures, approved by the City, related to the following areas: · The manner in which the development is described to prospective residents. · The nature of any advertising designed to al1ract prosPective residents. · Age verification procedures. · Lease provisions. . · Written rules and regulations. · Actual /llBctices of the owner Or manager in enforcing relevant lease provisions and relevant rules or regulations. IV. The Developer must comply with rules iSSUed by the Secretary of HOusing and Urban Development for verification of age of OCCUpants. Such Verification shall be made by reliable surveys and affidavits. v. The development must Provide a program plan and outreach fur significant Services specifically designed to meet the Pbysical or social needs of older persons. Services may include, but are not limited to: . social and recreational programs continuing education infonnation and counseling recreational, homemaker, outside maintenance and referral services emergency and preventative health care 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 , . . . . I f i ! . . . . 4 . The Homeowner's Association shall submit an updated program plan to the City annually demonstrating the significant services being offered to meet the physical or social needs residents and to comply with this paragraph 1.1. v. VI. No person under age 18 may stay overnight with a person over the age of 55 who resides in Said Plat 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 Said Plat more than 28 nights in a twelve month period. vii. No person may house one or more people under the age of 18 during the day in any residential unit on Said Plat in a regular day care atrangement nor may a person house one or more people under the age of 18 during the day in any residential unit on Said Plat for a total number of days exceeding 60 in any given twelve month period. J. Other Use Restrictions. On all lots within 20 feet of any wetland, s!onn water ' management pond, no structure, including, but not limited to, outbuildings or accessory bUildings, renee, planting or other material sball be placed or penn;tted to remain which may damage or interfure with the installation and'" maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water'- through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. 2. Construction of On- and Off-Site Improvements. . A Developer shall construct all on- and off-site improvements including installation of paved private drives, curb and gutter, boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lo~ bituminous or concrete driveways and parking lots, drainage swales, benning, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance and as detailed on the attached Exhibit D. Front, side and portions of the back yards of residential lots shall be SOdded in aCCordance with the Residential Development Standards as on fife with the City Administrator's Office, Those portions of 5 . , . the yards not required to be sodded may be seeded with grass seed or sodded. In all cases pennanent turf or grass must be established over all areas of the lot not covered by a hard or; impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off-site improvements shall be installed no later than October 31, 2003, with the exception of erosion control, drainage swales and benning, which shall be installed upon initial grading of Said Plat 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 or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: 1. Electrical power supply, to be provided by Xcel Energy or other such carrier; . II. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; IV. Cable TV service, to be provided by a local carrier; In additio~ the Developer shall, at its own expense, cause street lights to be installed at such locations as deemed necessary by the City Engineer. Street signs shall also be installed of such type and at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer has submitted a utility plan for Said Plat showing all existing and Proposed utility lines and easements, attached hereto and incOrporated herein as Exhibit E. Developer agrees to have all utilities installed according to this Exhibit E. D. Developer shall install silt fencing as shown on the grading plan at the time construction begins, or 7 days after the "small utilities" (gas, phone, electrical and cable televiSion) have been installed, whichever occurs sooner. . 6 . . ,,' 1 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. 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 Developer shall install to the City's satisfaction improvements for each lot or parcel prior to 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 1 st and before March 30th in any given year, in which case a certificate of Occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. F. Developer shall install stonn water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit D. Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 3. Intended Use of Subdivision Lots. The City and Developer agree that the lots in Said Plat are intended only for attached single-family residential use in the number and the configuration as are shown on the attached Exhibit B. Developer shall construct only single family dwellings in the number and configuration shown on the attached Exhibit B, unless Said Property is rezoned by the City in the future into a classification which would allow additional units to be constructed. 4. Surety Requirements. . A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be perfonned. Said letter of credit or surety shall be in the amount of $23,400.00 representing the sum of 50% of the on and off-site improvements ($8,400.00), and 150% of the estimated cost for landscaping/screening materials ($15,000.00). Said letter of credit or 7 , , . surety must meet the approval of the City Attorney as to fonn and issuing bank. B. The City may draw on said letter of credit or 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 t() 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 of Developer Wlder this agreement. C. In the event that any cash, irrevocable letter of credit, or other 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, 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 amOlmt 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. Developer hereby agrees to allow the City to SPecially assess Developer's property for any and all costs incurred by the City in enforcing any of the tenus of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fujl to maintain said letter of credit or 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, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other 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. . F. In the event a surety referred to herein is in the fonn of an irrevocable letter of credit, which by its tenus may become null and void prior to the time at 8 1 . . . "r.' , , which all monelaiy or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the tenns of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The fonn of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its ISSuance. 5. Surety Release. A Periodically, as payments are made by the Developer for the completion of portions of the On- and Off-site Improvements, and/or Landscaping 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 improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City COlDlcil. 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. B. The Developer may request of the City a reduction or release of any surety as follows: I. When another acceptable letter of credit, or surety is furnished to the City to replace a prior letter of credit or surety. II. When all or a portion of the on- and off..site improvements or the Landscaping Improvements have been installed, the letter of credit or 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 or surety in the amount of 25% of the estimated landscaping costs for two years from the time of the installation of said landscaping materials. 9 ~ ' " 6. 7. . III. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. AbaDdoDment of Project - Costs and EX,"<DSeS. In lite 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 A/lleeUient, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various representations shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandooed property in a conditioo which can be mowed using conVentional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground- COver and otherwise restore Said Plat to the point where lUldeveloped grounds are level and covered with Petmanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. . Developer to Pax City'. Costs aDd Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrntive, legal, planning, engineering and other professiOnal costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the lots within Said Plat. Developer knowingly and voluntarily waives all rights to appeal said special . 10 '& ,\ ! ~'" 1 . assessments under Minnesota Statutes section 429.081. Developer has the right to request time sheets or work records to verilY said billing prior to payment. 8. 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 D. Developer shall also install aU erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. Draina2e Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessmy improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, aU at Developer's expense. . 10, Maintain Public Propertv Dam~2ed or Outtered Durin2 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 watennain, sanitary sewer or stonn 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, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. . If Developer fails to so clean the streets or 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, then the City may specially assess such costs against the lots within Said Plat and/or take necessary II , I I . legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. II. Temoorarv Easement Ril!hts. Developer shall provide access to the Subject Property at all reasonable limes to the City or its representatives for PllIpOSes of inspection or to accomplish any necessary work pursuant to this Agreement. 12. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrnse of this Contract is fur any reason held invalid by a Court of competent jwisdiction, such decision sball not affect the validity of the remaining portion of this Contract. . C. The action or inaction of the City shall nnt constitute a waiver or amendmenl to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolutiim of the City Council. The City'sfuilure to promptly take legal action to enforce this Contract shall not be a waiver or release. D. This Contract shall nm with the land and shall be recorded against the title to the property. E. 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. Developer agrees to obtain all required federal, state and local pennits. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. . F. 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 12 i1 "... i~'tI " ,- . . . 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. G. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville, Wright County Soil and Water District and/or any applicable provisions of State and Federal law. H. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. I. 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 I DO-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. 13. Violation of Ae:reement. A. Except as otherwise provided in this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shaH give Developer thirty (30) days mailed notice thereof(via certified mail), and ifsuch 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 13 if ",.,{" 'I .",,_ . Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat and/or 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. Developer knowingly and voluntarily waives all statuto.ry rights to appeal said special assessment under Minnesota Statutes section 429.081. B. NotwithStanding the 30-day notice period provided for in paragraph 13A above, in the event that a default by Developer will reasonably result in irreparable hann to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it WIder this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable hann or safety hazard, provided that the City makes good-faith, reasonable efforts to notifY the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. . C. Paragraph 13A of this section shall not apply to any acts or rights of the City under the preceding paragraph, 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 clect 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 Developer. D. Breach of any of the tenus of this Contract by the Developer sball be grounds for denial of building permits and/or revocation of the Conditional Use Pennit. 14. Dedications to the CII}:. Developer acknowledges and agrees that in order to satisty the City's park dedication requirements for the 14 residential lots in Said Plat, Developer shall pay the City a cash payment totaling $21,000 (14 lots x $1,500.00 per lot) Said park dedication fees shall be paid prior to the release of Said Plat by the City. . 15. Phased Develol!meDt. If the plat is a phase ofa multi-phased preliminary plat, the City may refuse to approve fmal plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development 14 "l ;c;..' . . . 21. of subsequent phases may not procee<f until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve IUlUre Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision o~ance, and other onlinances in effect at the time such future Development phases are approved by the City. 16. IndemnilI. Developer sbaJJ hold the City and its officers and employees hannless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development The Developer shall indenmiJY the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract 17. AssQroment of CODtract. The obligations of the Developer under this CODlract cannot be assigned without the express written consent of the City Council through Council resolution. 18. Umited ApDrovat Approval of this Agreement by the City Council and issuance of the Conditional Use Pennit which is the subject of this Agreement in no way COlIStitutes approval of anything other than that which is explicitly specified in this Agreement. 19. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the tenns of this Agreement Said lees include attomey's tees, engineer's fees, planner's tees, and any other professional fees incurred by the City in attempting to enfurce the tenns of this Agreement The Developer will also pay all reasonable attorney's and professional lees inc1DTed by the City in the event an action is broUght upon a letter of credit Or other surety furnished by the Developer as provided herein. 20. Plaus Attached as Exhibils. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless othe.wise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. ~~. "',.. IDt ration Clause ModificatiOD b WritteD A reemeDt Onl . This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. 15 tf' '(, t '/ . Modification of this Agreement may occur only if in writing and signed by a duly authorized agent ofboth parties. 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 do City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Cascade IT, LLC 555 3rd Street N. W. Elk River, MN 55330 Telephone: (763) 441-8591 23. AJreementEfI"eet This Agreement shall nm with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. . M- / CASCADE n, LLC By: ~~~ Its Chie ager . 16 . . . / ""I STATE OF MlNNESOT A ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknOWledged before me this I (P day of A.u3US+- , 2001, by John A. Olson as Mayor of the City of Albertville, a Minnesota municipal cotporation, on behalf of the city and JlUlSUant to the authority of the City Council. G KATHLEEN BOST NOTARY PUBLIC - MINNESOTA - My Comm. Exp. Jan. 31. 2005 STATE OF MlNNESOT A ) ) ss. COUNTY OF WRIGHT ) J(aM~1} ]d Notary Public A- The foregoing instrument was acknowledged before me this / ~ day of ~&t- , 2001, by Linda Goeb, as Clerk-Administrator of the City of Alb 'lle, a Minnesota municipal COrporation, on behalf of the city and pursuant to the authority of the Ci Co . G KATHLEEN BOST ",j NOTARY PUBLIC - MINNESOTA ", My Comm. Exp. Jan. 31, 2005 STATE OF MlNNESOT A ) ) ss. COUNTY OF WRIGHT ) ~~r) -.gd- Notary Public The foregoing instnunent was acknowledged before me this if 0 yo..- day of :::i... '7 ' 200 I, by M4<2 Co.., t: L, M.f: f , as Chief Manager of Cascade, LLC. t~ k-l~ Notary blic E,- D LYlE L CHRISTENSEN .MiI NOTARY PU8UC. M1NESoTA ~~ MY COMMISSION ... EXPIRES JAN. 31, aaos 17 . , II ~ i~~ ! ; , fIlII I '; :l I 1 "I' j . -" III i !it j~J J I II _L I f "J -.... I..) {- ..JIll ... ---.J3i..- II 1I~ s,~ ! -r-i II In~ i:i i lJ .--l" nlil I 1.I~k 11 , 2111 . I liu ~ di I I i I !- ~ !j ~ )oi ~ ~ i~ = i ~ ! i ! I I i ! r - ~ ~ ~ () ~ ~ ~ ~ , . I \.'J,.J... I '......' .~.. S! tn I _J :::} I I ~.... I I I ~-------~--~----~-----___I___- I I I I I bfJ<< 4&:"'_ - - -. ~ : ~:---~--~---11 I r--------~-~-~/~! I : :. .: : rJ I = :: I:: : : I r ., II: ": I s 1 I, - .-.... II all J, - .-.... ,I ! 1::I1l/C\2t':) llri1 II t':) ~ I I I, , I : - .-.... : I : - '.-.... L i I '-, ..,.. 'i:- : -, (I") (\/ !i III I l/ (\/ ~ '!" II . (" I I t. ' I IlllP'N ~"""" f lei I _'III I~II I f:i!" :, : : _____ L J:, ! ... ~ 'I J l , ...! I ,.. 11. ~ I .~ ", ~ . 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