2004-05-05 PUD/CUP
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CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT!
CONDITIONAL USE AGREEMENT
SHOPPES AT PRAIRIE RUN
THIS AGREEMENT, entered into this 5' PI day of /VI tttf , 2004 by
and between Finken Water, Inc., collectively referred to herein as 'TIeveloper"; and
the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City";
WITNESSETH:
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WHEREAS, Developer is the fee owner of the real property described in the
attached Exhibit A, which real property is proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is
intended to bear the name "Shoppes at Prairie Run" and shall hereinafter be referred
to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer has received fmal plat approval for 2 lots within Said
Plat; and
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 Said Plat and the conditions imposed thereon;
and
WHEREAS, approval of a Planned Unit Development is required to permit
development of Said Plat in the manner proposed by the Developer; and
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WHEREAS, the City has given fmal approval of the Development
contingent upon compliance with certain City requirements including, but not limited
to, matters set forth herein; and
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WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, curb and gutter, grading, sanitary sewer,
municipal water, and storm sewer (hereafter "Municipal Improvements") be installed
to serve the Development 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 paved private streets, boulevards, top soil and sod, grading control per lot,
bituminous or concrete driveways, parking lots, drainage swales, berming, street
signs, street lights, street cleanup during project development, erosion control, and
other site-related items; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
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1. Planned Unit Development and Conditional Use. The Development is hereby
allowed to be developed as a Planned Unit Development with flexibility from the
strict requirements of the City's Shoreline Regulations and Zoning Ordinance in
relation to selected items detailed in this paragraph.
A. Developer agrees that all buildings shall be constructed in the locations
shown on the attached Exhibit B. The Developer shall comply with all
site plan approvals set by the City Council except where specifically set
out in this agreement.
B. At the time of the recording of this Agreement at the Wright County
Recorder's Office, Developer shall record a cross-parking easement which
will allow mutual cross-parking between Lot 1 and Lot 2 all in Said Plat.
Such cross parking easements must meet the approval of the City
Attorney as to form and content.
C. At the time of the recording of this Agreement at the Wright County
Recorder's Office, Developer shall record a permanent access easement
between Lot 2 and the property owned by Wright County, located on the
south border of Said Plat. Such permanent access easement must meet the
approval of the City Attorney as to form and content.
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D. At the time of the recording of this Agreement at the Wright County
Recorder's Office, Developer shall record a permanent access and cross-
parking easement between Lots 1 and 2 on Said Plat. Such permanent
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access and cross-parking easement must meet the approval of the City
Attorney as to form and content.
E. At the time of the recording of this Agreement at the Wright County
Recorder's Office, Developer shall record a permanent access easement
between Lot 1 and the property located on the north border of Lot 1 of
Said Plat. Such permanent access easement must meet the approval of the
City Attorney as to form and content.
F. Developer shall construct the number of parking stalls in the locations and
dimensions as shown on the attached Exhibit B.
G. Developer shall maintain the infiltration plantings shown on Exhibit C in
good working order at all times.
H. The uses on all lots of Said Plat shall be limited to uses that are permitted
under the City's B-2 zoning ordinance. No other type of use on said lot
shall be allowed under this Agreement without a modification to this .
Agreement.
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I. Developer shall develop plat consistent with the site plan attached as
Exhibit B.
1. All grading, drainage, utility, wetland mitigation, and transportation issues
that arise during development of the Development shall be subject to
review and approval by the City Engineer.
K. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit C. The Developer shall
guarantee that all new trees shall survive for two full years from the time
the planting has been completed or will be replaced at the expense of the
Developer. All landscaping as shown on attached Exhibit C shall be
installed no later than December 1,2005.
L. Developer shall replace, at its own expense, any plantings as shown on
attached Exhibit C that might be damaged during the construction of any
future buildings on Said Plat. Developer shall guarantee that all plantings
replaced pursuant to this paragraph shall survive for two full years from
the date of planting.
2. Construction of Municipal Improvements.
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A.
The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Shoppes at Prairie Run, as prepared by Surveying and Engineering
Professionals, Inc. dated October 18, 2004 and on file with the City
Clerk, said improvements to include installation of storm sewers. 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 December 1, 2005.
B. 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
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
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c.
Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said Municipal 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.
D. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City may
deem necessary) during the construction and installation of said
Municipal Improvements. Developer agrees to pay for all costs
incurred by the City during said inspections.
3. Construction of On- and Off-Site Improvements.
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A.
Developer shall construct all on- and off-site improvements including
installation of paved streets, curb and gutter, sidewalks, boulevards,
street signs, traffic signs, yard top soil, sod and seed in all yards,
grading control per lot, bituminous or concrete driveways and parking
lots, drainage swales, berming, and like items as necessary, street
cleanup during project development, and erosion control, all as
required by City ordinance. All yard areas shall be sodded with grass
or landscaped in accordance with the attached Landscaping Plan. In
all cases permanent turf or grass must be established over all areas of
the lot not covered by a hard or impervious surface. Said on- and off-
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site improvements shall be installed no later than December 1,2005,
with the exception of erosion control, drainage swales and berming,
which shall be installed upon initial grading of Said Plat, and except
that the parking lots for each of Lots 1 and 2 may be constructed when
a building is constructed on such respective lot.
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 within the private street
easements or such other location as may be approved by the City
Engineer, accessible to all lots and in compliance with all applicable
state and local regulations:
1. Electrical power supply, to be provided by Xcel Energy or
other such carrier;
11. Natural gas supply, to be provided by Reliant Energy or other
such carrier;
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Telephone service, to be provided by SprintlUnited 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 hereto and
incorporated herein as Exhibit D. Developer agrees to have all utilities
installed according to this Exhibit D.
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 abide by the City
Engineer's requirements for silt fencing of the lots and access to the
lots during building construction.
E.
Notwithstanding the requirements of subparagraph 3A above, the
Developer shall install to the City's satisfaction improvements for each
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lot or parcel prior to the date that a certificate of occupancy (temporary
or permanent) is issued by the City for a building located on the lot,
unless the certificate of occupancy is issued after October 1 st and
before March 30th in any given year, in which case a certificate of
occupancy shall be issued ifall on- and off-site improvements except
landscaping and sod have been installed. In such cases, the Developer
shall cause the required landscaping and sod to be installed by the first
June 30th following the issuance of the occupancy permit.
4. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $101,876.00
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($23,250), 50% of the on and off-site improvements,
($0), and 150% of the estimated cost for landscaping/screening
materials ($78,626.00). Said letter of credit or surety must meet the
approval of the City attorney as to form and issuing bank.
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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.
C. Inthe 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.
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D.
Developer hereby agrees to allow the City to specially assess
Developer's property for any and all costs incurred by the City in
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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.
F.
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 monetary or other obligations of the Developer
are paid or satisfied, it is agreed that the Developer shall provide the
City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the 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 any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance. Developer shall maintain said letter of credit in the
amount required by the City at all times.
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5. Surety Release.
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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 and on- and
off-site 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:
1. 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
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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. Developer may substitute a warranty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
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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 surety.
C. The costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of
billing.
6. Abandonment of Proiect - Costs and Expenses.
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In the event Developer should abandon the proposed development of the said
Plat, 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 Development, 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 may incur in taking
whatever action is reasonably necessary to provide ground-cover and otherwise
restore the Development to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion
from the Development and to facilitate mowing of the Development. 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.
7. Developer to Pay City's Costs and Expenses.
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It is understood and agreed that the Developer will reimburse the City for all
reasonable administrative, legal, planning, engineering and other professional
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costs incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of the Development, 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 Development without
objection. Developer has the right to request time sheets or work records to
verify said billing prior to payment.
8. Development Related Fees and Credits.
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Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the
City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line
Fee Ordinance currently require the Developer to pay $1,400.00 per acre
and $1,200.00 per acre respectively, upon development of said Plat.
There are 4.98 acres in said Plat which received final plat approval.
Therefore, the Sanitary Sewer and Water Trunk Line Fees for all property
receiving final plat approval is $12,948.00 ($6,972.00 in sewer fees
calculated as $1,400.00 x 4.98 acres and $5,976.00 in water fees
calculated as $1,200.00 x 4.98 acres).
9. Erosion and Siltation Control.
Before any grading is started 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 forth in the attached Exhibit E. Developer shall also install
all erosion control measures deemed necessary by the City Engineer should the
erosion control plan prove inadequate in any respect.
10. Ditch Cleanine:.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from the Development 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.
11. Maintain Public Property Damae:ed or Cluttered Durine: Construction.
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Developer agrees to assume full financial responsibility for any damage which
may occurto public property including but not limited to streets, street sub- base,
base, bituminous surface, curb, utility system including but not limited to
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watermain, sanitary sewer or storm sewer when said damage occurs as a result of
the activity which takes place during the development of the Development. The
Developer further agrees to pay all costs required to repair the streets, utility
systems and other public property damaged or cluttered with debris when
occurring as a direct or indirect result of the construction that takes place in the
Development.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a
result of construction activity on the Development will be repaired
immediately if deemed to be an emergency by the City. Developer further
agrees that any damage to public property as a result of construction activity on
the Development will be repaired within 14 days if not deemed to be an
emergency by the City.
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If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately undertake making or causing it to be cleaned
up, repaired or maintained. When the City undertakes such activity, the
Developer shall reimburse the City for all of its expenses within thirty (30) days
of its billing to the Developer. If the Developer fails to pay said bill within thirty
(30) days, then the City may specially assess such costs against the lots within the
Development and/or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to attorney's fees incurred by the
City as a result of such legal action.
12. Temporarv Easement Rie:hts.
Developer shall provide access to the Development at all reasonable times to the
City or its representatives for purposes of inspection or to accomplish any
necessary work pursuant to this Agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which 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.
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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.
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. However, all continuing obligations under this
Agreement shall remain binding upon the properties covered by this
Agreement and their owners. Said continuing obligations include, but
are not limited to, paragraphs 1, 7, 13, 15, 17, 18, 19,20,21,22,23,24
and 25 of this Agreement.
F. The Developer represents to the City that the Development complies
with all City, county, state and federal laws and regulations, including
but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that the
Development 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.
G. Prior to the execution of this Agreement and prior to the start of any
construction on the Development, Developer shall provide the City
with evidence of good and marketable title to all of the Development.
Evidence of good and marketable title shall consist of a Title Insurance
Policy or Commitment from a national title insurance company, or an
abstract of title updated by an abstract company registered under the
laws of the State of Minnesota.
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1.
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H.
Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
I. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the
public health, safety and welfare. Developer acknowledges and agrees
that the City is currently in the process of expanding its wastewater
treatment plant capacity. Developer further acknowledges and agrees
that delay in the availability of wastewater treatment plant capacity
may occur for some lots located within the Development depending
upon when building permits are applied for and that such delay in
capacity availability may also delay the issuance of building permits
for some lots within the Development.
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 two feet
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 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.
K. Developer shall obtain all required driveway, utility and other permits
as required by either the City Engineer, Wright County and/or the
State of Minnesota.
14. Draw on Expirine: Letter of Credit.
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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 monetary 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
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continued obligation. The form of said irrevocable letter of credit must be
approved by the City Attorney prior to its issuance.
15. Violation of Ae:reement.
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 complete some or all of the Developer's obligations under
this Agreement, and 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. The City may also specially assess
all said costs incurred upon default against the properties in the Development
pursuant to the terms of this agreement.
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Notwithstanding the 30-day notice period provided for above, in the event
that a default by Developer will reasonably result in irreparable harm to the
environment or to public property, orresult in an imminent and serious public
safety hazard, the City may immediately exercise all remedies available to it
under this agreement in an effort to prevent, reduce or otherwise mitigate such
irreparable harm or safety hazard, provided that the City makes good-faith,
reasonable efforts to notify the Developer as soon as is practicable of the
default, the projected irreparable harm or safety hazard, and the intended
actions of the City to remedy said harm.
This paragraph of this Agreement shall not apply to any acts or rights of the
City under paragraph 4F, and no notice need be given to the Developer as a
condition precedent to the City 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.
Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits.
16. Dedications to the City.
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A.
Municipal Improvement Dedications.
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The Developer, upon presentation to the City of evidence of good and
marketable title to the Development, and. upon completion of all
construction work and certification of completion by the City
Engineer, shall dedicate all street right-of-ways and drainage and
utility easements to the City. Upon acceptance of dedication,
Developer shall provide to the City "As-Builts" of all storm sewers
and other Municipal Improvements required under this Agreement.
Acceptance by City of any dedication shall occur upon passage of a
resolution to such effect by the City Council.
B.
Park Dedication.
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The Developer is required to pay a cash contribution of $37,350.00
in satisfaction of the City's park and trail dedication requirements.
However, because the properties in Said Plat will be special assessed
for the cost of a trail installed by the City, the City is crediting the
Developer $4,400.00 toward park dedication due. The amount
Developer shall be required to pay in park and trail dedication
requirements under this agreement shall be $32,950.00. This charge
is calculated as follows: 4.98 acres x $7,500 per acre = $ 37,350.00,
less $4,400.00 = $32,950.00..
17. Phased Development.
Approval of this phase of the Development shall not be construed as approval
of future phases nor shall approval of this phase bind the City to approve
future Development phases. All future Development phases shall be
governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development
phases are approved by the City.
18. Indemnitv.
Developer shall hold the City and its officers and employees harmless from
claims made by Developer and third parties for damages sustained or costs
incurred resulting from the Development 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.
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19. Assie:nment of Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from 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 in no way constitutes
approval of anything other than that which is explicitly specified in this
Agreement.
21. Professional Fees.
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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 fees
and professional fees incurred 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.
22. 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.
23. Intee:ration Clause. Modification bv Written Ae:reement 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.
24. Notification Information.
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Any notices to the parties herein shall be in writing, delivered by hand (to the
City Clerk for the City) or registered mail addressed as follows to the
following parties:
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City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Finken Water, Inc.
3423 County Road 74
St. Cloud, MN 56301
_ 877-346-5367
25. Ae:reement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
.
~9~~- ~..
Its Mayor
\ ~
BY~-__ .
Its erk
FINKEN WATER INC.
By
Its
.
16
.
.
.
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 1'1 ~
day of J-r..L/Y'L- . , 200,(fby Donald Peterson as Mayor of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
jA~ /(ft-U~ 7t.011'\JU-
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
. TINA LOUISe LANNES
~. N'OTARY PUBLlC.MINNESOTA
. My Comm. Exp, Jan, 31,2009
The foregoing instrument was acknowledged before me this J t.{ rJ,
day of ~ . , 20()('Jby Bridget Miller, as Clerk of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
~ /o~ ;;IOvnNVJ
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
v
T:INA LOUise !.ANNES
j NOTARY PUBLlC.MINNESOTA
My OJmm. Exp. Jan. 31,2009
'#NMIN"
The foregoing instrument was acknowledged before me this S't:I- day
of '-1/V1 0 *--' 200lpby /}\ lY1/}1\ < t ~L a.rt, as 1=3. 0 ~ 1 . ~-L1'l~ of
Finken WateJ(Jlnc. ~ J
D _9 ~~ Q. 7J ~~
Debl J. HuIs Notary Public --r:r
NOTARYPUBUC-M~~A
MY COMMISSION EXPIRES 1/31/2008
17
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10/04/04
SHOPPES AT PRAIRIE RUN
TRACT B, S 1(.1 OF SE 1/4
SEC. 2, T120, R24 WRIGHT CO.
DANIEL TEMPEL
5810TH AVE. S
WAITE PARK. MN 56387
(320) 253-0003
& TRUCK THROUGH LOT REVISED U"14
&TRUCKTHROUGIiLOTREVlSE012/81ll4
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RIIYilion/IIIUI
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EXHIBIT C
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SHOPPESAT PRAIRIE RUN
TRACT B, S 112 OF SE 1/4
SEC. 2, T120, R24 WRIGHT CO.
DANIEL TEMPEL
5810TH AVE. S
WAITE PARK, MN 56387
(320) 253-0003
&. TRUCIC THROUGH LOT REVISED 2/14
&. TRUCIC THROUGH LOT REVISED 12/8104
.&. TRUCIC THROUGH LOT 1/11/04
Revl.lon/luue
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~ Principal St. Cloud, MN 56303 FAX: (320) 257~2725
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EXHIBIT D
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EXHIBIT E