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2001-04-16 Development Agreement I....... : r; . . . . .' (fJ;@~~ 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 " 'lI 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 2 . . . " .. . . . 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; 3 " 11. Natural gas supply, to be provided by Reliant Energy or other such catTier; . 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. . 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 . 4 "''J- . 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. . 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. . 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 5 ') 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. . 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 . 6 . . . ""' 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 7 'I 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. . 8 ~ . . . '\ 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 9 h 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. . 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. . 10 . . 1. . 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. I I K. Developer shall obtain all required dIiveway, utility and other permits as required by either the City Engineer and/or Wright Countyo . 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. . 12 . 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. . 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 . 13 I I, lot) Said park dedication fees shall be paid prior to the release of Said Plat by the City. . 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 . . ... . 2 "" t~)j . 3, I: ~; =:::.::.:=-:=-:=-L ._w. ~ .4 '5 . .~~..~.~.~.'~;::;-~ -- - ,'I - ./. '[3' ~~ . -I . ~; ~I 1 l!" .! I ....... , .f,". . , .Ii If I' -'j; 1 f I LEGAl. DFSCRtPnON 1Ht MJmCAST OUMU OF lH[ ~ 0UNt1lJl' OT J[C1XW Z. ,.,.. '20. ItAHGl' ,"- -.ciNT ClOfMTY. MNIIOOTA. O'CD"T f1CCJiSTJ(J1l'1r1'OF 7H(HQIt1)f.3S! fEET " " " 1 1 L .1 I _ Ji ,,-~- I " ~ D!.V[LoPfR; lBJElI.IIHITElITED PROPEllTES JOO C. ceNTRAL Sf. ""CHArt.. IrIH $~ Ph. (6' 2) 723-853. AlIKr LEUER RALPH 'wUNS1'!R1[JQ (/)c ~ g i ~ I~~~; i ;! ilt .Il IH, :!J- II . t,t, fIB .111 ~~ III' ~ld ii Jif'l ii~ i: I~ i ;', !; II' I ~I ~ . , il :I fUNO.~ SHCCr 3 4 gar> i.... I~"". ~ :3 . i .. 4, 5 1 ~ ~~ltl.o(l,OfJsr ~.c'Jt_In:.".ft(M7_1~Y LmA' DE'SotJPnCYJ nc: HCltTlC.Uf 0UMlDt or JIC' SClt.fflI(A$r 0IJAIl'tf1t OF stCDOJf2, ~ '2Q. .ANt;( 24. lIIWGHT au.rr. tINCJOTA. ClaPr lM" (AST XJ7 FfCf (JT M' /iIOIffH .J55 flrT .......: JlCAU..frn I . 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