2001-04-16 Development Agreement
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CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
Heuring Meadows
THIS AGREEMENT, entered into this /& 7A day of ~-L , 2001 by
and between Leuer-Munstelteiger Propelties, Inc., collectively I ferred to herem as
"Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of
Minnesota, hereinafter refelTed to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, 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 name
"Heuring Meadows" and shall hereinafter be refeITed to in its entirety as "Said Plat"
or "Subject Property"; and
WHEREAS, Developer intends to subdivide 25.56 acres (37.33 gross acres
minus 11.77 acres in Outlot A) into fOlty five (45) single family lots and one
commercial lot; and
WHEREAS, the City has given preliminaIY approval of Developer's plat of
Heuring Meadows 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 bituminous street, sidewalk, trail(s), curb and gutter, grading,
sanitary sewer, municipal water, stonn sewer and drainage ponds (hereafter
"Municipal Improvements") be installed to selve the Subject Property and other
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propelties affected by the development of Developer's land, to be installed and
financed by Developer; and
WHEREAS, the City fmther requires that certain on- and off-site
improvements be installed by the Developer within Said Plat, which improvements
consist of paved streets, boulevards, top soil and sod, grading control per lot,
bituminous or concrete driveways, parking lot, drainage swales, berming, street
signs, street cleanup dUling project development, erosion control, and other site-
related items; and
WHEREAS, this Agreement is entered into for the pUlpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the paIties 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 palty's promises and considerations herein set
forth, as follows:
1. Construction of Municipal Improvements.
A. The Developer shall constlUct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Heuring Meadows, as prepared by Quality Site Design, LLC dated
t?1~~ 200 I and on file with the City Clerk, said
~pr~rlfs to include installation of bituminous street, cmb and
gutter, water mains, sanitaIY and stOlm sewers, storm water ponding
and site grading, trail and a five foot wide concrete sidewalk in the
right-of-way of 53rd Street. All such improvements shall be
constIUcted according to the standards adopted by the City, along with
all items required by the City Engineer. Unless the City Engineer
specifies a later date, said improvements shall be installed by October
3 I, 2001, with the weaI" course of bi tuminous pavement to be installed
after May 15, 2002, but before June 30, 2002.
B.
The Developer WaITants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constlUcted to City standards and shall
suffer no significant impailments, either to the structure or to the
sUlface or other usable aI'eas due to improper constlUction, said
WaITanty to apply both to poor matelials and faulty workmanship.
C. Developer shall provide the City with lien waivers fi"om all contractors
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and subcontractors engaged to constIUct said improvements on Said
Plat. Should Developer fail to provide the City with all applicable lien
waivers, the City reseIves the light to draw upon Developer's smety
and pay any contractors who pelformed work on any Municipal
Improvements and whom Developer has failed to fully pay for the
perfOlmance of said work.
D. The City shall, at its option, have the City Engineer present on Said
Plat for inspection pUlposes at all times (or such times as the City may
deem necessaIY) dming the construction and installation of said
Municipal Improvements. Developer agrees to pay for all costs
incurred by the City dming said inspections.
2. Construction of On- and Off-Site Improvements.
A.
Developer shall constlUct all on- and off-site improvements including
installation of paved streets, cmb and gutter, boulevards, street signs,
traffic signs, YaIod top soil, sod and seed in all yards, grading control
per lot, bituminous or concrete dliveways and parking lots, drainage
swales, belming, and like items as necessary, street cleanup during
project development, and erosion control, alias required by City
ordinance. Front, side and pOltions of the back yards of residential lots
shall be sodded in accordance with the Residential Development
Standards as on file with the City Administrator's Office. Those
pOltions of the yards not required to be sodded may be seeded with
grass seed or sodded. In all cases permanent tUIf or grass must be
established over all areas of the lot not covered by a hard or
impelvious sUlface. The Developer shall guaIoantee that all new
plantings shall sUlvive 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 belming, 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 light 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.
Elecnical power supply, to be provided by Xce1 Energy or
other such caITier;
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Natural gas supply, to be provided by Reliant Energy or other
such catTier;
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III. Telephone seIvice, to be provided by Sprint/United Telephone
Company or other such canier;
IV. Cable TV selvice, to be provided by a local canier;
In addition, the Developer 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 confOlmance 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 B. Developer agrees to have all utilities
installed according to this Exhibit B.
D.
Developer shall install silt fencing in back of all curbing 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 occms 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
constIUction vehicles shall pass fi'om 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.
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E. Notwithstanding the requirements of subparagraph 2A above, the
Developer shall install to the City's satisfaction improvements for each
lot or pm"cel prior to the date that a celtificate of occupancy (temporary
or permanent) is issued by the City for a building located on the lot,
unless the celtificate of occupancy is issued after October 1st and
before March 30th in any given yeaI', 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 stOllll water retention/water quality ponds and
basins upon Said Plat as shown on the Grading, Drainage and Erosion
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Control Plan attached as Exhibit C. 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.
A. It is the Developer's and City's intent that forty five single-family detached
dwelling units be constmcted on the residentially zonedlots in Said Plat,
with one unit per numbered lot. Developer agrees that it shall not
construct any units other than said single-family detached dwelling units
on the land in Said Plat except as provided in subpmoagraph 3B below.
B. Fume commercial development on Lot 1, Block 5 of said Plat is subject
to site plan review and other reviews that may be required pIlar to
issuance of a building pelmit.
4. Surety Requirements.
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A.
Developer will provide the City with an iITevocable letter of credit (or
other surety as approved by the City Attorney) as secUllty that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $832,762
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($789,074), 50% of the on and off-site improvements
($27,000), and 150% of the estimated cost for landscaping/screening
materials ($16,688). Said letter of credit or surety must meet the
approval of the City attorney as to fOIm and issuing bank.
B. The City may draw on said letter of credit or surety to complete work
not perfOImed 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 incUlTed in the
drafting, execution, administration or enforcement of this Agreement,
to repair or COITect deficiencies or other problems which occur to the
Municipal Improvements during the warranty period, or to otherwise
fulfill the obligations of Developer underthis agreement.
c.
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In the event that any cash, iITevocable letter of credit, or other surety
refelTed 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
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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 detelmination, 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 speciaIIy assess
Developer's propelty for any and all costs incUlTed by the City in
enforcing any of the telms of this agreement should Developer's letter
of credit or smety prove insufficient or should Developer fail to
maintain said letter of credit or surety in the amount required above
within 30 days of mailing ofwlitten 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 statutOlY rights of
appeal under Mumesota Statutes, including Minnesota Statute
429.081.
E.
That portion of said cash, ilTevocable letter of credit or other sW"ety
with respect to the pelfOlmance of Site Improvements shall be released
upon celtification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
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F. In the event a surety refelTed to herein is in the fOlm of an iITevocable
letter of credit, which by its telms may become null and void prior to
the time at which all monetaJY or other obligations of the Developer
aJoe 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 fOlty-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 terms of
this Agreement and thence draw in paJt or in total, at the City's
discretion, upon the expirulg letter of credit to avoid the loss of smety
for the continued obligation. The fOlm of any uTevocable letter of
credit or other surety must be approved by the City Attomey prior to
its issuance.
5. Surety Release.
A.
PeIiodicalIy, as payments are made by the Developer for the
completion of pOltions of the Municipal Improvements and/or on- and
off-site Improvements, and when it is reasonably pmdent, the
Developer may request of the City that the surety be propOltionately
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reduced for that pOltion of the Municipal Improvements and on- and
off-site improvements which have been fully completed and payment
made therefor. All $uch 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.
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 Plior letter of credit or smety.
11.
When all or a pOltion of the Municipal Improvements or the on-
and off-site improvements have been installed, the letter of
credit or surety may be reduced by the dollm' amount
attIibutable to that pOltion of improvements so installed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated constmction pIice of the
Municipal Improvements during the fIrst year of the waITanty
period and 5% of the estimated constmction price of the
Municipal Improvements during the second yem' of the
wananty peliod.
Ill. As to all requests brought under this paI"agraph, the City
Council shall have complete discretion whetheI-: to reduce or not
to reduce said letter of credit or surety.
C. The costs incuned 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.
6. Abandonment of Proiect - Costs and Expenses.
In the event Developer should abandon the proposed development of the Subject
Propelty, the City's costs and expenses related to attomey's fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans and
specifications, and any other expenses undel1aken in reliance upon Developer's
vmious asseltions shall be paid by said Developer within thiIty (30) days after
receipt of a bill for such costs fi"om the City. In addition, in the event the
Developer abandons the project, in whole or in pmt, 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 abandoned
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property in a condition 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 necessmy 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 and to facilitate mowing of Said Plat. In the event that said costs are not
paid, the City may withdraw funds fi"om the above-mentioned smety for the
pmpose of paying the costs refened to in this paragraph.
7. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimbmse the City for all
reasonable administrative, legal, pI aIming, engineering and. other professional
costs incUlTed 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 desclibed above. Developer agrees to pay all such costs
within 30 days of billing by the City. If Deve10per fails to pay said amounts,
Developer agrees to allow the City to reimburse itselffiom said surety and/or
assess the amount owed against any or all of the Said Plat without objection.
Developer has the light to request time sheets or work records to verify said .
billing prior to payment.
8. Sanitary Sewer and Water Trunk Line Fees.
A. Developer agrees that the City's SanitaIY Sewer TlUnk Line Fee Ordinance
requires the Developer to pay $1,400.00 per acre in sanitalY sewer trunk line
fees. There m'e 25.56 acres in Said Plat (37.33 gross acres minus 11.77 acres
in Outlot A). Therefore, the Sanitmy Sewer Tmnk Line Fees for this plat
would be $35,784 ($1,400.00 x 25.56 acres). Developer will pay said fee
prior to the release of the fmal plat by the City.
B. Developer shall be required to pay Dunk water line fees of$I,200 per acre.
There are 25.56 acres in Said Plat (37.33 gross acres minus 11.77 acres in
Outlot A). Therefore the water Dunk line fee for Said Plat is $30,672 ($1,200
x 25.56 acres). Developer will pay said fee prior to the release of the fmal plat
by the City.
C. Upon replat of Outlot A in a numbered lot, sanitalY sewer and water bunk
line fees shall be due 011 said lot.
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9. Erosion and Siltation Control.
Before any grading is stm1ed on any site, all erosion control measures as shown
on the approved Grading, Drainage and Erosion Control Plan shall be strictly
complied with as set fOIth in the attached Exhibit C. Developer shall also install
all erosion control measures deemed neceSSaIY by the City Engineer should the
erosion control plan prove inadequate in any respect.
10. Ditch Cleanine:.
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 necessalY improvements or go through any necessary
procedures to ensme compliance with any federal, state, county or city
requirements, all at Developer's expense.
11. Maintain Public Property Dam3e:ed or Cluttered Durin!:! Construction.
Developer agrees to assume full financial responsibility for any damage which
may occur to public propelty including but not limited to streets, street sub- base,
base, bituminous smface, curb, utility system including but not limited to
watennain, sanitmy sewer or stOlm sewer when said damage occms 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 propeIty damaged or cluttered with debris when
OCCWling as a direct or indirect result of the constlUction 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 propelty occurring as a
result of constmction activity on Said Plat will be repaired immediately if
deemed to be an emergency by the City. Developer fUl1her agrees that any
damage to public propelty as a result of constIUction activity on Said Plat will
be repaired within 14 days ifnot 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 immediately undel1ake making or causing it to be cleaned
up, repaired or maintained. When the City undel1akes such activity, the
Developer shall reimburse the City for all of its expenses within thiIty (30) days
of its billingto 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 aJld/or take necessalY legal action to recover such costs and the
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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 voluntmily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081.
12. Temporary Easement Rie:hts.
Developer shall provide access to the Subject Property at all reasonable times to
the City or its representatives for purposes of inspection or to accomplish any
necessaIy work pursuant to tlus Agreement.
13. Miscellaneous.
A. Developer agrees that all constmction 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 pOltion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a COUlt of
competent jurisdiction, such decision shall not affect the validity of the
remaining pOltion of this Contract.
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C. If building pelmits aJ'e issued prior to the completion and acceptance
of public improvements, 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, mateIialmen, employees, agents, or third
paIties.
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 paIties and
approved by written resolution of the City Council. The City's failme
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 propelty. After the Developer has completed all work and
obligations required of it under tlus Contract (including the expiration
of the WaITanty peliod), at the Developer's request, the City will
execute and deliver to the Developer a release of its obligations under
this Agreement.
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F.
The Developer represents to the City that Said Plat complies with all
City, county, state and federal laws and regulations, including but not
limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that Said Plat does
not comply, the City may, at its option, refuse to allow constIUction 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.
G. Plior to the execution of this Agreement and prior to the staJ1 of any
construction on the Subject Propelty, 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 titleinsmance company, or an
abstract of title updated by an abstract company registered under the
laws of the State of Minnesota.
H.
Developer shall comply with all water, ponding and wetland related
resuictions, if any, required by the Wlight County Soil and Water
Conselvation District and/or the City and any applicable provisions of
State law.
1. The Albertville City Council reselves the light to allocate wastewater
u-eatment 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 cunently in the process of expanding its wastewater
treatment plant capacity. Developer further acknowledges and agrees
that delay in the availability of wastewater u"eatment plant capacity
may occm for some lots located within Said Plat and that such delay in
capacity availability may also delay the issuance of building peImits
for some lots within Said Plat.
Developer shall not place any stlUcture at an elevation such that the
lowest grade opening is less than two feet above the highest known
sUIface water level or ordillalY high water level or less than one foot
above the 100-year flood level of any adjacent water body or wetland.
If sufficient data on high water levels is not available, the elevation of
the line of pennanent 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 consuuction shall not begin until
the propelty has been approved by the Building Inspector or a
professional soils engineer.
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K.
Developer shall obtain all required dIiveway, utility and other permits
as required by either the City Engineer and/or Wright Countyo
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L. All outlets shall be seeded to prevent soil erosion, except areas
previously delineated as wetlands.
M. Developer shall install landscaping according to the Landscaping Plan
attached as Exhibit D to this Agreement.
14. Draw on Expirine: Letter of Credit.
In the event a surety refelTed to herein is in the form of an ilTevocable letter of
credit, which by its tenns may become null and void Plior to the time at
which all monetmy or other obligations of the Developer are paid or
completed, 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 plior to the expiration of the expiring letter of credit. If a new letter of
credit is not received as required above, the City may declare a default in the
teIms ofthis Agreement and thence draw in pmt 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 fOIm of said ilTevocable letter of credit must be
approved by the City Attomey prior to its issuance.
15. Violation of Ae: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 Developer thiIty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day
peliod, the City is hereby granted the right and the privilege to declare
any deficiencies govemed by this Agreement due and payable to the
City in full. The thiIty (30) day notice peliod shall be deemed to run
fi"om the date of deposit in the United States Mail. Upon failme to
CUloe by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations
under this Agreement, and bling legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attomey's fees incUIl"ed in enforcing tins agreement. The
City may also specially assess all said costs incUlTed upon default
against the propel1ies in Said Plat pursuant to the telms of this
agreement.
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B.
Notwithstanding the 30-day notice period provided for in paragraph
15(A) above, in the event that a default by Developer will reasonably
result in inepaJ"able hanTI to the environment or to public property, or
result in an imminent and serious public safety hazaJod, the City may
immediately exercise all remedies available to it under this agreement
in an effOlt to prevent, reduce or otherwise mitigate such irreparable
haIm or safety hazaIod, provided that the City makes good-faith,
reasonable effOlts to notify the Developer as soon as is practicable of
the default, the projected ilTeparable haIm or safety hazard, and the
intended actions of the City to remedy said haIm.
C. Paragraph15A 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 declaJing a default
or drawing upon the expiling inevocable letter of credit as therein
authOlized. The City may elect to give notice to Developer of the
City's intent to draw upon the surety without waiving the City's light to
draw upon the surety at a future time without notice to the Developer.
D.
Breach of any of the tenTIS of this Contract by the Developer shall be
grounds for denial of building pelmits.
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16. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
maJoketable title to Subject Propelty, and upon completion of all
constIUction work and celtification of completion by the City
Engineer, shall dedicate all roads, road and trail light-of-ways, cmbs,
gutters, ponds, sewers and water mains to the City. Upon acceptance
of dedication, Developer shall provide to the City "As-Builts" of all
sewers, water mains, and roads. Acceptance by City of any dedication
shall OCCUl' upon passage of a resolution to such effect by the City
Council.
B. Park Dedications
1.
Developer acknowledges and agrees that in order to satisfy
the City's park dedication requirements for the 45
residentially zoned lots in Said Plat, Developer shall pay the
City a cash payment totaling $67,500 (45 lots x $1,500.00 per
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lot) Said park dedication fees shall be paid prior to the
release of Said Plat by the City.
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2. Developer acknowledges and agrees that in order to satisfy
the City's park dedication requirements for the commercially
zoned land in Said Plat (but excluding Outlot A), Developer
shall pay $7,385 per acre. Said commercially zoned land in
Said Plat (but excluding Outlot A) consists of 2.42 acres.
Therefore, Developer shall pay the City a cash payment
totaling $17,872 (2.42 acres x $7,385 per acre).
3. Developer shall pay park dedication fees on Outlot A at such
time as said outlot is replatted into a numbered lot.
4. Developer shall dedicate a trail easement thiIty feet in width
between lots 9 and 10 Block 1. Developer shall receive a
park dedication credit for the cost of constIUction of the trail.
17. Phased Development.
If the plat is a phase of a multi-phased preliminmy plat, the City may refuse to .
approve fInal plats of subsequent phases until public improvements for all
Plior phases have been satisfactOlily completed. Development of subsequent
phases may not proceed 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 future Development phases. All future Development
phases shall be govemed 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.
18. Indemnitv.
Developer shall hold the City and its officers and employees harmless from
claims made by Developer and third paIties for damages sustained or costs
incuned resulting fi-om Said 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 attomey's fees. Third paIties shall have no recomse against the City
under this contract.
19. Assh!nment of Contract.
.
14
. .
.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released fioom its obligations
under this contract without the express written consent of the City Council
through Council resolution.
20. Limited Approval.
Approval of this Agreement by the City Council and issuance of the
Conditional Use Pelmit which is the subject of this agreement in no way
constitutes approval of anything other than that which is explicitly specified
in this Agreement.
21. Professional Fees.
.
The Developer will pay all reasonable professional fees incuned by the City
as a result of City eff0I1s to enforce the tetms of this Agreement. Said fees
include attomey's fees, engineer's fees, planner's fees, and any other
professional fees incuned by the City in attempting to enforce the terms of
this Agreement. The Developer will also pay all reasonable attomey's and
professional fees incuned by the City in the event an action is brought upon a
letter of credit or other surety fum.ished by the Developer as provided herein.
22. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incOlporated into this
Agreement by reference as they appear. Unless othelwise specified in this
agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
23. Intee:ration Clause. Modification bv Written Ae:reement Onlv.
This Agreement represents the full and complete understanding of the patties
and neither party is relying on any Plior agreement or statement(s), whether
oral or Wlitten. Modification of this Agreement may occur only if in writing
and signed by a duly authorized agent of both parties.
24. Notification Information.
.
Any notices to the paIties herein shall be in Wliting, delivered by hand (to the
City Clerk for the City) or registered mail addressed as follows to the
following pmties:
City of Albel1ville
c/o City Clerk
.
15
.
I .
P.O. Box 9
Albeltville, MN 55301
Telephone: (763) 497-3384
.
Mike Leuer and Ralph Munstelteiger
Leuer-Munstelteiger PropeIties, Inc.
100 E. Central
St. Michael, MN 55376
Telephone: (612) 723-8636
25. Al!reement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the paIties hereto.
CITY OF ALBERTVILLE,
.
.
16
.. . I
.
STATE OF MINNESOTA)
) ss.
COUNTYOFWRIGHT )
The foregoing instmment was acknowledged before me this I~
day of April, 2001, by John Olson as Mayor of the City of Albeltville, a Minnesota
municipal corporation, on behalf of the city and pmsuant to the authOlity of the City
Council.
e KATHLEEN BOST
~J NOT,ARY PUBLIC. MINNESOTA
_fI My Comm. Exp. Jan. 31, 2005
~-thleen ~~
NotaIY Public
.
STATE OF MINNESOTA )
) ss,
COUNTYOFWRIGHT )
The foregoing instrument was acknowledged before me this } Co
day of April, 2001, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authOlity of the City
Council.
e KATHLEEN BOST
~J NOTARY PUBLIC - MINNESOTA
_fI My Comm. Exp. Jan. 31, 2005
}(Cl-~ ~
NotaIY Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instmment was acknowledged before me this
day of April, 2001, by Mike Leuer, as _pv -e >\ J."" '" ~
Munstel1eiger Propelties, Inc.
I ~ of t..
of Leuer-
.
L'i,;..f.: t: "';.~,t.,'KA
NOTARY Pii81.IC - M;Ni~~SOTA
My Comm. Exp. Jan. 31, 2005
C-L;-~24~
'OtaIY ublic
17
. . J '\
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
.(-'....
The foregoing instrument was acknowledged before me this J &,
day of April, 2001, by Ralph MUllstelteiger, as 5 e e. / -r;..~ , <iLH'-U' of Leuer-
Munstelteiger PropeIties, Inc. '
DRAFTED BY:
Couri and MacAIthur Law Office
P.O. Box 369
705 Central A venue East
St. Michael, MN 55376
(612)497-1930
~L<;JJ~--
ublic
DALE E. HANKA
NOTARY PUBLIC.. MINNESOTA
My Comm. Exp. Jan. 31, 2005
18
.
.
.
.. .~ fj "'"
.
.
.
TRAIL EASEMENT
Leuer-Munsterteiger Propelties, Inc., Grantor, hereby dedicates to the City of
Albeltville a permanent easement for trail pmposes over, under, across and under the
land desclibed below:
A 30 foot trail easement over palt of Lots 9 and 10, Block 1 Heuring Meadows,
according to the plat thereof on file and of record in the office of the County
Recorder, Wright County, Minnesota. The centerline of said easement being the
common line between said Lots 9 and ] 0, and the side lines of said easement are
lengthened or shOltened to tenninate at the 110lth and southeasterly lines of said
Lots 9 and 10.
Dated:
LEUER-MUNSTERTEIGER PROPERTIES, INC.
By:
Its:
~ t ~I
.
STATE OF MINNESOTA) .
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
April, 2001, by , of
Leuer-Munsterteiger Propelties, Inc., Grantor.
Notm)' Public
DRAFTED BY:
Couri & MacArthur Law
Office
P.O. Box 369
705 Central A venue East
St. Michael, MN 55376
(612)497-1930
.
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