1998-09-18 Development Agreement
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CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT AND
CONDITIONAL USE AGREEMENT FOR
KARSTON COVE PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, entered into this -L!i!!day of ~ ' 1998 by and
between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the
CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of 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 "Karston Cove" and
shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer intends to subdivide 21.01 gross acres into 81 medium
density lots for purposes of constructing 38 housing units (S quad units and 9 twin units);
and
WHEREAS, approval of a 'Conditional Use Pennit Planned Unit Development is
required to allow for the-subdivision of unit lots from base lots as proposed by Developer;
and
WHEREAS, the City has given preliminmy approval of Developer's plat of Karston
Cove 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, curb and gutter, grading, sanital)' sewer, water, storm sewer
and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject
Property and other properties affected by the development of Developer's land, to be
installed and financed by Developer; and
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the 'Developer within Said Plat, which improvements consist of boulevards, top
soil and sod, grading control per lot, bituminous or concrete driveways, parking lot,
drainage swales, benning, street signs, street cleanup during project development, erosion
control, and other site-related items; and
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WHEREAS, this Agreement is entered into for the purpose 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:
1. Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to
allow the development of Said Plat as a Planned Unit Development, provided the
following conditions are met on a continuing basis:
A. A property owners' association is established in compliance with Section 2700 of
the City Zoning Ordinance and a declaration of covenants, conditions, and
restrictions are approved by the City Attorney and recorded against the title of
Said Plat.
B. If signs are desired on site, plans shall be submitted for review and approval of
the City Planner.
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C. Any exterior lighting must be arranged to deflect light away from the public
streets. The source of all lights shall be hooded. Any combination of lights
which cast light on a public street shall not exceed one (1) foot candle (meter
reading) as measured from the centerline of said street(s) and any light or
combination of lights which cast light onto a residential property shall not exceed
four (4) foot candles as measured from the property boundmy.
2. Construction of Municipal Improvements.
1.
A.
The Developer shall construct those Municipal Improvements located on and
off the Said Plat as detailed in the Plans and Specifications for Karston Cove,
as prepared by Westwood Professional Services, Inc. dated May 20, 1998 and
on ftIe with the City Clerk, said improvements to include installation of
bituminous street, curb and gutter, water mains, sanitary and storm sewers,
storm water ponding and site grading. All such improvements shall be
constructed according to the standards adopted by the City, along with all
items required by the City Engineer. Unless the City Engineer specifies a
later date, said improvements shall be installed by October 31, 1998, with the
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wear course of bituminous pavement to be installed after May 15, 1999, but
before June 30, 1999.
B.
Developer will install a tempormy lift station located within the right-of-way
for 64th Street N.E. on the east end of Said Plat, as shown on the prelimin8l)'
utility plan submitted to the City by Developer. The' above-described lift
station shall be dedicated to the City and shall remain property of the City,
even after it is taken out of service in the future.
C.
The Developer warrants 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 constructed to City standards and shall suffer no significant
impairments, either to the structure or to the swface or other usable areas due
to improper construction, said warranty to apply both to poor materials and
faulty workmanship.
D.
Developer shall provide the, City with lien waivers from all contractors and
subcontractors engaged to construct said improvements on Said Plat. Should
Developer fail to provide the City with all applicable lien waivers, the City
reserves the right to draw upon Developer's surety and pay any contractors
who performed work on any Municipal Improvements and whom Developer
has failed to fully pay for the performance of said work.
E. The City shall, at its option, have the City Engineer present on Said Plat for
inspection pwposes at all times (or such times as the City may deem
necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs incurred by the City
during said inspections.
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of boulevards, street signs, traffic signs, yard top soil, sod or seed
in all yards, grading control per lot, 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. Said on- and off-site improvements shall be installed no later
than October 31, 2000, with the exception of erosion control, drainage swales
and benning, which shall be installed upon initial grading of Said Plat.
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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 Northern States Power or
other such carrier;
n. Natural gas supply, to be provided by Minnegasco or other such
carner;
ill. 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 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 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 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 occurs sooner.
Developer shall be allowed to substitute hay bales for a 22-foot section of silt
fencing on each lot for the purpose of allowing construction vehicles to pass
from the street to each lot. No construction vehicles shall pass from the street
to the lots except through such designated 22-foot section of hay bales.
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 3A above, the Developer
shall install to the City's satisfaction improvements for each lot or parcel
within sixty (60) days of the date that a certificate of occupancy (temporary or
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permanent) is issued by the City for a building located on the lot, unless the
certificate of occupancy is issued after October 1st and before March 30th in
any given year, in which case said improvements shall be so completed by the
following June 15th.
F.
Developer shall install storm water retention/water quality ponds and basins
upon Said Plat as shown on the Grading and Drainage 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.
G.
Developer shall install landscaping in accordance with the Landscaping plan
attached as Exhibit D.
4. Intended Use of Subdivision Lots. The City and Developer agree that the lots in
Said Plat are intended only for medium density multiple family residential uses in the
number and the configuration as are shown on the attached Exhibit E, unless Said
Property is rezoned by the City in the future.
5.
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 performed. Said letter of credit or
surety shall be in the amount of$392,809, representing 100% of the estimated
cost of the Municipal Improvements. Said letter of credit or surety must meet
the approval of the City attorney as to form 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 to the City,
to reimburse itself for costs incurred in the drafting, execution, administration
or enforcement of this Agreement, to repair or correct deficiencies or other
problems which occur to the Municipal Improvements during the warranty
period, or to otherwise fulfill the obligations of Developer under this
Agreement.
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E.
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 amount of utilized security, the City will, upon making said
determination, refund to the Developer any monies which the City has in its
possession which are in excess of the actual costs of the project as paid by the
City.
D. 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
terms of this agreement should Developer's letter of credit or surety prove
insufficient or should Developer fail 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.
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.
6. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements and/or On- and Off-site
Improvements, and when it is reasonably prudent, the Developer may request
of the City that the surety be proportionately reduced for that portion of the
Municipal Improvements which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be billed to
the Developer. Such cost shall be paid to the City within thirty (30) days of
the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any surety as
follows:
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When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
11. When all or a portion 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 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 10% of the estimated construction
price of the Municipal Improvements during the first year of the
warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty
period.
m. As to all requests brought under this paragraph, the City Council shall
have complete discretion whether to reduce or not to reduce said letter
of credit or smety.
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.
7.
Sanitary Sewer Trunk Line Fees. Developer agrees that the City's SanitaIy Sewer
Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in
sanitary sewer trunk line fees. There are 21.01 acres in Said Plat However, per the
terms outlined in Parkside 3rd Addition Developer's,Agreement, paragraph 2, pages
2-5, the developer will be credited $900.00 per acre for the installation of a sanital)'
sewer trunk line. Therefore, the Developer shall be required to pay $10,505.00
($500.00 x 21.0 1 acres). Developer will pay said fee prior to the release of the final
plat by the City.
8. Abandonment of Project - Costs and Expenses. In the event Developer should
abandon the proposed development of the Subject Property, the City's costs and
expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses
undertaken in reliance upon Developer's various assertions shall be paid by said
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 abandoned property in a condition which can be mowed using
conventional lawn mowing equipment, Developer agrees to pay all costs the City
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may incur in taking whatever action is reasonably necessary to provide ground-cover
and otherwise restore Said Plat to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion from
Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not
paid, the City may withdraw funds from the above-mentioned surety for the purpose
of paying the costs referred to in this paragraph.
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9. Developer to Pay City's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
engineering and other professional costs incurred in the creation, administration,
enforcement or execution of this Agreement and the approval of 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, Developer agrees to allow the City to reimburse itself from said surety
and/or assess the amount owed against any or all of the Said Plat without objection.
Developer has the right to request time sheets or work records to verify said billing
prior to payment.
10. 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 C. Developer shall also install all .
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
1 L . Ditch Cleaning. Developer shall comply with all requirements set forth for drainage
into any county ditch or other ditch through which water from Subject Property may
drain, and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city requirements,
all at Developer's expense.
12. Maintain Public Property Damaged or Cluttered During 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 watermain,
sanitary sewer or storm sewer when said damage occurs as a result of the activity
which takes place during the development of Said Plat. The Developer further
agrees to pay all costs required to repair the streets and/or utility systems damaged or
cluttered with debris when occurring as a direct or indirect result of the construction
that takes place in Said Plat. In the event the Developer fails to clean up, maintain or
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repair the damaged public property mentioned above, the City shall provide the
Developer with a Notice of its intent to clean up, repair, or maintain such public
property. Developer shall have thirty (30) days from the date of mailing of such
notice to effect such clean up, repair or maintenance of said public property to the
satisfaction of the City Council. In the event that Developer fails to so clean up,
repair or maintain said public property, the City may undertake making or causing it
to be cleaned up, repaired or maintained. When the City undertakes such activity,
. the Developer shall reimburse the City for all of its expenses within thirty (30) days
of its billing to the Developer. If the Developer fails to pay said bill within thirty
(30) days, funds sufficient to pay the bill may be withdrawn by the City from the
surety described above and/or specially assessed against any or all lots within Said
Plat.
13.
Temporary Easement Rights. 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 necessary work pursuant to this Agreement.
14.
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 phrase of
this Contract is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Contract.
C. Ifbuilding permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Contract. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of
the City Council. The City's failure to promptly take legal action to enforce
this Contract shall not be a waiver or release.
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E. This Contract shall run with the land and shall be recorded against the title to .
the property. After the Developer has completed all work and obligations
required of it under this Contract (including the expiration of the warranty
period), at the Developer's request, the City will execute and deliver to the
Developer a release of its obligations under this Agreement.
F. All municipal water concerns will be handled by the Joint Powers Water
Board. No connections to the water system will be permitted until the Board
has given final approval.
G. The 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 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.
H. Prior to the execution of this Agreement and prior to the start of any
construction on the Subject Property, Developer shall provide the City with
evidence of good and marketable title to all of Subject Property. Evidence of .
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of title
updated by an abstract company registered under the laws of the State of
Minnesota.
I. Developer shall comply with all water, ponding and wetland related
restrictions as contained in the letter dated from the Wright
County Soil and Water Conservation District (said letter is on file with the
City Clerk).
J. 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.
K. 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 ordinary high water level or less than one foot above the 100-year
flood level of any adjacent water body or wetland. If sufficient data on high
water levels is not available, the elevation of the line of permanent aquatic
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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.
15.
Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the
form of an irrevocable letter of credit, which by its terms may become null and void
prior to the time at which all monetal)' 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 prior 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 terms 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 form of said
irrevocable letter of credit must be approved by the City Attorney prior to its
Issuance.
Violation of Agreement.
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
thirty (30) days mailed notice thereof(via certified mail), and if such default
is not cured within said thirty (30) day period, the City is hereby granted the
right and the privilege to declare any deficiencies governed by this Agreement
due and payable to the City in full. The thirty (30) day notice period shall be
deemed to run from the date of deposit in the United States Mail. Upon
failure to cure by Developer, the City may thence immediately and without
notice or consent of the Developer use all of the deposited cash, irrevocable
letter of credit or other surety funds to complete the Developer's obligations
under this Agreement, and to bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all costs and
attorney's fees incurred in enforcing this agreement.
B. Paragraph 16A shall not apply to any acts or rights of the City under
paragraph 15 above, and no notice need be given to the Developer as a
condition precedent to the City declaring a default or drawing upon the
expiring irrevocable letter of credit as therein authorized. The City may elect
to give notice to Developer of the City's intent to draw upon the surety
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
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C.
Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits.
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17. Dedications to the City.
A. Municipal Improvement Dedications: The Developer, upon presentation to the
City of evidence of good and marketable title to Subject Property, and upon
completion of all construction work and certification of completion by the City
Engineer, shall make the following dedications to the City:
1. Developer shall dedicate to the City the water and sanital)' sewer
improvements located in the loop driveway on the western portion of
Said Plat as highlighted on Exhibit F. Developer shall dedicate
easements to the City over said sanital)' sewer and water
improvements in a form and with legal descriptions acceptable to both
the City Engineer and City Attorney.
2.
Developer shall dedicate to the City a storm sewer easement over,
under and across the loop driveway located on the western portion of
Said Plat, as highlighted in Exhibit F. However, the homeowners
association required to be established under this agreement shall
remain solely responsible for maintenance of said storm water sewer
system and all cost associated therewith. The storm sewer easement
shall be in a form and with a legal descriptions acceptable to both the
City Engineer and City Attorney.
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3. Developer shall dedicate to the City perpetual drainage easements
over, under and across all drainage ponds, sediment basins and
detention basins. The perpetual drainage easement shall be in a form
and with legal descriptions acceptable to both the City Engineer and
the City Attorney.
4. Developer shall dedicate to the City all streets, curbs and gutters
within Said Plat.
5. Upon acceptance of dedication of the Municipal Improvements
described above, Developer shall provide the City with "As-Builts" of
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all streets, sewers, water mains, drainage ponds and basins, and
utilities dedicated to the City. Acceptance by the City of any
dedication shall occur upon passage of a written resolution by the City
Council to that effect.
B.
Park and Trail Dedications
1. Developer shall dedicate to the City all trails and corresponding
easements required under this Agreement and as shown on the
attached Exhibit E.
2. Developer acknowledges that a total of 1.15 acres of park land (11.5
acres of residential land x .10) are needed under the City's current park
dedication ordinance. The Developer is dedicating 12,239 square feet
(.281 acres) of park land with this plat, which represents 24.4% of the
land required for dedication. Developer and City have agreed that the
remaining 75.6% of park dedication requirement shall be paid to the
City in the form of cash totaling $37,346 (38 lots x $1,300.00 per lot x
75.6%). Payment of said park dedication fee shall occur prior to
release of the final plat.
3.
Developer shall dedicate a ten (10) foot trail easement adjacent to the
CSAH 37 right-of-way to allow for public use and maintenance of a
potential future trail in this location. Said easement shall be in a form
and with legal descriptions acceptable to both the City Engineer and
the City Attorney.
18. Model Home Provisions. The between the City and Developer titled "Agreement
Allowing Early Construction of Model Homes" is incorporated herein the same as if
said agreement were set forth within this document.
19. Phased Development. If the plat is a phase of a multi-phased preliminaI)' plat, the
City may refuse to approve final plats of subsequent phases until public
improvements for all prior phases have been satisfactorily completed. Development
of subsequent phases may not proceed until 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
governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development phases
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are approved by the City.
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20. Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer and third parties for damages sustained or costs
incurred resulting from 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 attorney's
fees. Third parties shall have no recourse against the City under this contract.
21. Assignment of Contract. The obligations of the Developer under this Contract
cannot be assigned without the express written consent of the City Council through
Council resolution.
22. Limited Approval. Approval of this Agreement by the City Council and issuance
of the Conditional Use Permit which is the subject of this agreement in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
23. Professional Fees. The Developer will pay all reasonable professional fees incurred
by the City as a result of City efforts to enforce the terms of this Agreement. Said
fees include attorney's fees, engineer's fees, planner's fees, and any other professional
, fees incurred by the City in attempting to enforce the terms of this Agreement. The .
Developer will also pay all reasonable attorney's and professional fees incWTed 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.
24. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear. Unless otherwise
specified in this Agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
25. Integration Clause, Modification by Written Agreement Only. 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.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
26. 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
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follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville,MN 55301
Telephone: (612) 497-3384
Pilot Land Development Company, Inc.
c/o Kent Roessler
13736 N.E. Johnson Street
Ham Lake, MN 55304
Telephone: (612) 757-9816
27. Agreement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
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By "- - )
Its Clerk
h
(
Y, INC.
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this t( / s.r day of
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~h-wcluJ , 1998, by Marl< Olson, as Mayor of the City of Albertville, a
. esota municipal corporation, on behalf of the city and pursuant to the authority of the
Ci Council.
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LINDA M. HOUGHTON ,
NOTARY PUBlIC.MINNES OTA
WRIGHT COUNTY
My Commission Expires Jan. 31, 2000
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STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoin instrument was acknowledged before me this c<~ ~ day of
1998, by Linda Goeb, as Clerk of the City of Albertville, a
Minn ota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
7Jti!1 (c..J
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
e MICHAEL C. COLIRI
. IIJ1M( PUBlIc-MlNNESOTA
fIENNEPIN COUNTY
.. My CommIssIon Expires Jan. 31. 2000
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The foregoing instrument was acknowledged before me this /cf day of
1998, by Kent Roessler, as President of Pilot Land Development
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otary Public
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael,:MN 55376
(612)497-1930
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