1994-01-18 Development Agreement
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DEVELOPER'S AGREEMENT
Parks ide 2nd Addition
. THIS AGREEMENT, entered into this tg/! day of 3,tb-! ,
199# by and between Kent Roessler and enco Construction, Inc.,
collectively 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 a parcel
or parcels of land described in Exhibit "A", attached hereto and
incorporated herein by reference, a portion of which parcels of
land are proposed to be subdivided and platted for development, and
which subdivision, which is the subject of this agreement, is
intended to bear the name "Parkside Second Addition" and may
sometimes hereinafter be referred to as the "Subject Property" or
"Said Plat"; and
WHEREAS, the city has given preliminary approval of
Developer's plat of Parkside Second Addition 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, grading , sanitary sewer, water,
storm sewer and streets (hereafter "~unicipal Improvements") be
installed to serve the Subj ect Property and other properties
affected by the development of Developer's land, to be installed
and financed by Developer;
WHEREAS, the city further requires that certain on- and off-
site improvements be installed by the Developer within the Subject
Property, which improvements consist of boulevards, top soil and
sod, trees planted in the front yards of those lots abutting the
boulevards, grading control per lot, bituminous or concrete
driveway approaches, drainage swales, berming, street signs, street
cleanup during project development, erosion control, and other
site-related items; and
WHEREAS, this Agreement is entered into for the purpose of
setting forth and memorializing for the parties and subsequent
owners, the understandings and agreements of the parties concerning
the development of the Subject Property;
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.
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Municipal Improvements.
A.
The Developer shall construct those Municipal
Improvements located on Said Plat as detailed in the .
Feasibility Study for parkside Addition, as prepared by
Meyer-Rohlin, Inc. (attached hereto and marked Exhibit
"B" and incorporated herein by reference) , said
improvements to include installation of water mains,
sanitary and storm sewers, curb and gutter, and street-so
All such improvements shall be constructed according to
the standards required by the city Engineer, and the city
Engineer shall inspect the project on regular basis.
Said improvements shall be installed by August 31, 1994.
In that Developer's Agreement dated September 22, 1993
between the City of Albertville and Kenco Construction,
Inc., Developer has agreed to install said municipal
improvements described above, and has provided a letter
of credit to assure such performance. Nothing in this
agreement shall act to modify Developer's obligation with
respect to the installation of said municipal
improvements or the City's rights as to the letter of
credit.
B.
The Developer warrants to the City for a period of two
years from the date the city accepts the project that all
such improvements have been constructed to City standards
and shall suffer no significant impairments, ei~her to
the structure or to the surface or other usable areas ~ue
to improper construction, said warranty to apply both to .
poor materials and faulty workmanship.
C. Prior to the commencement of construction, Developer
shall provide the City with evidence of good and
marketable title to all of Subj ect 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.
D. Developer shall provide the City with lien waivers from
all contractors and subcontractors engaged to construct
said improvements.
2. Construction of On- and Off-site Improvements.
A. Developer shall construct all on- and off-site
improvements including installation of boulevards, top
soil and sod, trees planted in the front yards of those
lots abutting the boulevards, grading control per lot,
bi tuminous or concrete driveway approaches, drainage
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swales, . Dermlng , an 1 e 1 tems as necessary, street
cleanup during project development, and erosion control,
all as detailed in attached Exhibits "C" and "DII. Said
on- and off-site improvements shall be installed by June
30, 1996, with the exception of erosion control, which
shall be installed upon initial grading of Subject
Property. Developer shall also comply with the
landscaping plan as provided in this document.
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, accessible to all lots and in compliance
with all applicable state and local regulations:
i. Electrical power supply, to be provided by Northern
states Power or other such carrier;
ii. Natural gas supply, to be provided by Minnegasco or
other such carrier;
iii. Telephone service, to be provided by United
Telephone Company;
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.
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
"E". Developer agrees to have all utilities installed
according to this plan.
D.
The improvements shown in Exhibit "c" for each lot or
parcel shall be completed to the city's satisfaction
within sixty (60) days of 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 1st and before March
30th in any given year, in which case the boulevard
improvements shall be so completed by the following June
15th. At the City'S option, it may install street signs
and lights and bill the direct cost of materials and
installation to the Developer who will pay the bill
within ten (10) days of the billing.
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3. Intended Use~f SUbdivision Lots.
It is the Developer's and city's intent that two-family twin . ..'
home dwelling units be constructed on the lots in Said Plat
(one family unit on each lot). Developer agrees that it shall
not construct any units other than said two-family twin home
dwelling units, and also agrees that said construction shall
be subject to the following restrictions:
A. Front yard setbacks shall be thirty (jO) feet.
B. All units shall have at least eight hundred and sixty
(860) square feet of main floor space (first floor, above
ground) .
c. Each family unit shall be constructed with an attached
twenty' (20) foot by twenty (20) foot garage.
D. All lots shall be sodded 150 feet back from the curb, and
each lot shall be landscaped in accordance with the
attached landscape plan attached and incorporated herein
as Exhibit "F".
E. For each lot in Said Plat, Developer shall record on the
property records of the Wright County Recorder's office
the restrictive covenants attached and incorporated
herein as Exhibit "G".
F. Developer has expressed its desire to construct all units .
to one of two general floor plans. City and Developer
therefore agree that all units shall be constructed to
one of the two general floor plans, typical examples of
which have been attached and incorporated herein as
Exhibit "H".
4. Surety Requirements.
A. Developer will provide the city with cash or an
irrevocable letter of credit as security that the
obligations of the Developer under this contract shall be
performed. Said letter of credit must meet the approval
of the city attorney as to form and issuing bank. Said
cash or letter of credit shall be in the amount of
$10,368.00, representing the sum of 60% of the estimated
cost of installing the on- and off-site improvements
($17,280.00).
B. The City may draw on said letter of credit to complete
work not performed by Developer, to pay liens on property
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to be aetlicated to the city, to reimburse itself for
costs incurred in the drafting, execution, admini stration
or enforcement of this agreement, to otherwise fulfill
the obligations of, Developer under this agreement, or as
otherwise specified herein.
5.
Surety }telease.
A. The developer may request of the city a reduction or
release of any surety as follows:
i. When another acceptable letter of credit is
furnished to the City to replace a prior letter of
credit.
ii.
When all or
improvements
credi t may
attributable
installed.
a portion of the on- and off-site
have been installed, the letter of
be reduced by the dollar amount
to that portion of improvements so
iii. As to all requests brought under this paragraph A,
the City Council shall have complete discretion
whether to reduce or not reduce said letter of
credit.
B.
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.
Surety Deficiency. 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 proj ect as paid by the city. All monies
deposi ted with the City shall be used by the City at the
ci ty' s discretion to defray the city's costs and expenses
related to the project(s) referred to herein.
7.
Abandonment of proiect - 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
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Agreement, p~lparation of the feasibili~f 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, or fails
to provide sufficient ground-cover to prevent continuing soil
erosion from the Plat, Developer agrees to pay all costs the
city may incur in taking whatever action is reasonably
necessary to provide ground-cover and otherwise restore said
Plat to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent
continuing soil erosion from the Platted properties. In the
event that said costs are not paid, the city may wi thdraw
funds from the above-mentioned surety for the purpose of
paying the costs referred to in this paragraph.
8. Developer To Pay city's Costs and ExPenses. It is understood
and agreed that the Developer will reimburse the City for all
administrative, legal, planning, engineering and other
professional costs incurred in the creation, administration,
enforcement or execution of this Agreement and the approval of
the Parks ide Second Addition plat, as well as all engineering
expenses incurred by the city in designing, approving,
installing, and inspecting said Improvements described above.
De-...-eloper agrees to pay all such costs within 3C 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.
9. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control
measures as shown on the approved erosion control plan
(attached and incorporated herein as Exhibit liD") shall be
installed, and Developer agrees to comply with additional
erosion control measures recommended by the City Engineer
should the erosion control plan prove inadequate.
10. Maintain PUblic Property Damaqed or Cluttered Durinq
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
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act.ivity 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 repair
the damaged public property mentioned above, the City shall
provide the Developer with a Notice of its intent to c~ean 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
~aid 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 assessed against any or all of Said Plat.
11. Temporary Easement Riqhts. 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.
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12. Miscellaneous.
A. If any portion, section, subsection, sentence, clause,
paragraph or phrase of this Contract is for any reason
held invalid, such decision shall not affect the validity
of the remaining portion of this Contract.
B. If building 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. No one may occupy a building
for which a building permit is issued on either a
temporary or permanent basis until the streets needed for
access have #1 class five gravel and concrete curbing
installed, unless a specific exception is approved by the
city.
c. 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,
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signed ~;)the parties and approvedb;)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.
D. This Contract shall run with the land and shall be
recorded against the title to the property. Developer
agrees to record Said Plat in the Wright County
Recorder's Office within three (3) business days of the
execution of this agreement by the city. After the
Developer has completed all work and obligations required
of it under this contract, at the Developer's request,
the city will execute and deliver to the Developer a
release.
E.
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plant is at or near capacity, that the City is
in the process of expanding its wastewater
treatment: acility, and that the Minnesota Pollution
Control Age ("MPCA") will not permit additional
hookups to the A tville sewer system until such time
as the City has expan its wastewater treatment plant
capacity. ~Wh'le expansl astewater treatment
plant capac' y s pe ted be completed in January,
1994, Devel e aCk~~es ha here may be unexpected
delays in the completion of said exp ion, which in turn
may delay hookup of those lots in said t not currently
permitted by MPCA for hookup to the waste t2r system.
Developer agrees to hold the city harmless fr any loss
incurred by Developer and its successors or assi as a
result of delays which may occur in the completi of
said plant capacity expansion and thus the hookup f
oper 0 s, provl e
pursuing the completion of said expansion.
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F. All 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 Developers represent to the city that the 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
the 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.
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13.
Dr~w on EXP(")ng Letter of Credit. l)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 continued obligation. The form of said
irrevocable letter of credit must be approved by the City
Attorney prior to its issuance.
14. violation of Aqreement.
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, 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 cr~dit 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 14 shall not apply to any acts or rights of the
ci ty under paragraph 13 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.
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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15.
Dedications
A.
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
dedicate all roads and sewers and road right of ways to
the city. Prior to dedication, Developer shal~ provide
to the City "As-Builts.'! of all sewers, roads, gas
pipelines, electrical, cable and phone supplies.
Acceptance by City of any dedication shall occur upon
passage of a resolution to such effect by the city
Council. Said dedications shall occur by August 31,
1994.
B. The Developer agrees to pay a park dedication fee in the
amount of $6,120.00 (calculated on the basis of $170.00
per lot times 36 lots). Payment of said fee shall occur
prior to release of the final plat.
16. Phased Development. If the plat is a phase of a multi-phased
preliminary 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 a~ 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.
17. 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
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.
18. Developer Personally Bound by Contract. Those parties signing
on behalf of Developer (and the Developer, if the Developer is
a different entity than said parties) shall be personally
liable for the fulfillment of all obligations under this
Contract. The obligations of the Developer (and the parties
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signing on betlalf of Developer) under this Contract cannot be
assigned without the express written consent of the city
council through Council resolution. Upon fulfillment of all
terms of this Developer's Agreement, and upon request by
Developer, the City Council shall execute a release of
Developer from this agreement.
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
incurred by the City in the event an action is brought upon a
bond or letter of credit furnished by the Developer as
provided herein.
Notification Information. Any notices to the parties herein
shall be in writing, delivered by hand (to the city Clerk for
the City) or registered mail addressed as follows to the
following parties:
City of Albertville
c/o city Clerk
P.o. Box 131
Albertville, MN 55301
Telephone: (612) 497-3384
Kenco Construction, Inc.
c/o Kent Roessler
13736 N.E. Johnson st.
Ham Lake, MN 55304
Telephone: (612) 757-4052
Aqreement Effect. This agreement shall be binding upon and
extend to the representatives, heirs, successors and assigns
of the parties hereto.
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STATE OF MINNESOTA
COUNTY OF WRIGHT
The foregoing
JtjUv day of
Mayor of the cit
corporation, on behalf
the City Council.
STATE OF MINNESOTA
COUNTY OF WRIGHT
The foregoing
c24 zz- day of
Clerk of the cit
corporation, on behalf
the City Council.
ss.
.
By
Its
strument was acknowledged before me this
, 199~ by Michael P0tter as
of Al ertville, a Minnesota municipal
of the city and pursuant to the authority of
.
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XA-iU-'-'1Y1- ~JL
Notary Public
l'-;';:;'-:'"":.":"" LaNetta M. Van Dale
~'4t~flJ"~...!..!.' f' NOTARY PUB uc-u INNESOTA
l_ WRIGHT COUNTY
My CommII8Ion ExpireI June 29. 1994
acknowledged before me this
, 199~, by Linda Houghton, as
bertville, a Minnesota municipal
city and.pursuant to the authority of
Al ~.- :;771 ~ OL
Notary Public
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t.;';:;'-:'"";.";:-.. LaNetta M.. Van Dale
~' NOTARY PUBUC- MINNESOTA
WRIGHT COUNTY
My CommlasIon ElqhI June 29. 1994
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STATE OF MINNESOTA
COUNTY OF WRIGHT
Th~ i/oregoing i
It. i; . day of
indi vi"dually and as r
rr-'-'~-
e PATRICIAPfWT
NOTARY PUBUC-M~
ANOKA COUNTY
· . i My Com... EJp. Ftb. 12, 1118
STATE OF MINNESOTA
COUNTY OF WRIGHT
as
The foregoing
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e PATR~IA PRATT
NOfARV PU8UC. MIME801a
ANOKA COUNTY
.. My -. &p. Fob.l2. lIlIlI
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trument was acknowledged before me this
, 199f, by Kent Roessler,
Kenco Construction, Inc.
a;fi~jO~
Notary Public
SSe
was aCknOWledge~:Zr~ e this
, 199f, by . t:U.J.J~
Construction, I c.
c~~
Notary Public
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Feasibility Study
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City of Atb:.ertviIle, Minnesofa
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MEYER-ROHLlN,INC.-
ENGINEERS-LAND SURVEYORS T1T1 Hwy. 25 N, BulleJo, MIrn55313 Phone 612-682-1781
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MEYER-ROHLIN, INC.
ENGINEERS-LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682-178/
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City of Albertville
c/o Linda Houghton, Clerk
Box 131
Albertville, MN 55301
Honorable Mayor and City Council:
SUBJECT: Parkside Addition
As requested, we have completed the feasibility study for the
extension of the vlater and sanitary sewer utili ties and the
construction of storm sewer and streets for the above-referenced
project.
PROJECT LOCATION
.
The project is located immediately west of the Westwind Addition,
Westwind Second Addition, and Wes"cwind Third Addition, in the
City of Albertville. It is within part of the Southeast Quarter
of Section 35, Township 121 North, Range 24 West, and part of the
Northeast Quarter of Section 2, Township 120 North, Range 24
West. See attachment I.
SANITARY SEWER
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The sanitary sewer system will consist of approximately 5290
lineal feet of 8-inch and 12-inch PYC pipe. The greater portion
of the system will be serviced by gravity flow to a submersible
pump lift station located at the southwest corner of the Kalland
Drive and Kalenda. Drive intersection. At such time that the
sani tary sewer trunk is installed to service the area west of
County Road 19 and south of the Westwind and parkside Additions,
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Thore P. Meyer, Professional Engineer
Robert Rohlln, Licensed Land Surveyor
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this lift station will be replaced by a gravity line south to the
new proposed trunk sewer. The balance of the Parks ide Addition
will be serviced by gravity flow into the 12--inch trunk sevler
extension along County Road 37. Individual 4-inch PVC service
leads will be provided to each lot extending through the IO-foot
front easement. See attachment 2.
\"lATERMAIN
The water system expansion will consist of approximately 5600
lineal feet of 6-inch, 8-inch and 12-inch ductile iron pipe
(DIP), extending from the existing water mains on Kalland Drive,
61st street NE, 62nd Street NE, and County Road 37. Fire hydrants
shall be provided in conformance to the Joint POvJers I water
requirements. One-inch copper service leads shall be installed
for each lot, extending through the la-foot front easement. See
attachment 2.
. STORM SEWER
The storm sewer vJill consist of 12-inch to 42-inch reinforced
concrete pipe located to convey the storm water runoff from the
existing Westwind Addition, the Vlestwind Second Addition, and the
parkside Addition. The storm sewer trunk will connect to the
existing 42-inch pipe in the Westwind Second Addition and be
located under 61st Street NE, transporting the storm water
westerly to the existing detention area at the west end of
Westwind Park. Secondary storm sewer lines will be constructed on
Kalland Drive and Kahler Drive. Catch basins shall be located at
low areas and intersections providing access to the storm sewer
trunk. See attachment 3.
..
STREETS
The street improvements will consist of a 12-inch gravel base,
It-inch bituminous base, It-inch wearing course and surmountable
concrete curb and gutter. The installation of the second or final
lift of bituminous will be delayed until the swnmer of 1994. A
weR
~ .
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right turn lane will be provided along County Road 37. The area
behind the curbs will be graded to the final contour; however, no .
topsoil, seeding or sodding will be included in this contract.
This is the responsibility of the developers and is so covered in
the Developers' Agreement. See attachment 3.
COST ESTH1ATES
The estimated cost of this complete construction, including
engineering fees and contingencies, is as follows:
a) Sanitary Sewer
b) Water Mains
c) storm Sewer
d) Street Construction
$187,500
$184,000
$103,500
$253,500
$728,500
Contingencies
Engineering
$36,425
$131,130
TOTAL
$896,055
.
The above estimate does not include bonding, financing and legal
costs. These should be added to the above figures to provide a
total project cost.
CONCLUSION
In conclusion, the above described improvements are feasible as
proposed, will benefit the abutting properties, and should be
fully assessed to the developer. If you have any questions,
please do not hesitate to contact us.
Respectfully submitted,
Professional
.
cc: File E-9201-Q
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EXHIBIT A
Legal Description of proposed plat of Parks ide Second Addition:
Outlots A and B, Parkside, according to the
plat thereof on file and of record in the
office of the County Recorder, Wright County,
Minnesota.
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;(R r IfD TO BE filED
MlJ/OR HECO;.rOE'D ON
!m JAM 27 PM I: 49
MARCIA lANTTO. CO, RECORDER
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K.nGo Cons~ruG~ion.Inc.
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P.02
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"~PARK8I DE 2ND ADDl T IQN~'-
lJECLARATrON OF COVe:N~NTS.,
CONDITIONS AND RESTRIC1'tONS
Thiso Declal"'at ic.n1S made iU"ld execu't:@d thi$ _ day c.f
, 19'3.3 by Kel'"lCO Ce.nstrllC'tion, Inc... m Minnesota
C'=<,rpQra:tlon , hers-in refel~red te, as D@clay-ant..Develc'per.
I-#herea$, Declarant-O~veloper is. the c'..m..l.... 01' le,ts:; 1,---18 bloc-k 1,
lr.:.ts 1-18 blocl,( ~: in the plat of' Parkstd~ l::r'l:! Addition, Wright
Co lint y, Hi y,ne5ot ill and ~
Whereas t>eclat~ant intends to have twin hc.mes residences
C'on5trl.u:;:'~ed Or'! all or !!~id lot:s;
NOW, THE:R~:FDRE, DEt~la""ar)t hereby dec:-1QY'es that all of' thH
p...-.::-peri;ies de~cribed aboveI 5hall be held, 501d and CQr'lvt!!yt!dsl.loject
to "the Tollowi 11"I9 t"'estr-iet ic,r,s, t,:,ovenant sand pondi t iOYI$, which
li!>ha 11 l"1.JY'lW i th the real pr':'pert y and be binding or. a 11 part i fi!l!>
having any right, tit.le c..... in'tp.'t"t!s't il'l thE? described pr-oper-t:l.es 01'"
any p.oli'~t ttun~~r.;:.f. thEir heirs, S1.Ic.."C@1!Ssors and a1i$signs,. .1l\Yld shil\\:tl
i Y,'.I\'"t'c> t C:, the ben@Fi t of each r;;tWnfi'l'Y' t her-poT .and t (;). the c i -I:: Y CtT
Albertvillii.
~RT I CL.E: I.
DEFINITIONS
.
For the purpO!5i't of th:is DE/'clal"atic'l'l, the fol:L~~w:i.l"tg 'tet-.ft1$ shall have
the mear-liY'lgs h6;o,"ein cssct"ibed to theft!:
~ecJ;ion:t. "HousB" shall Mean and r@f'er tQ any residentia.l
building situated upCJYI the ~.Y'operti~s clesigl'led and int@l"ld@d for use
and occupancy ...5 <$ l'~esi,dE;?YH:.'e by .a sirlglp. fam:i ly,. fi!')(clt..tdlng gar~agti.!.
Section Z. "LQt" ehal1 JD@.,n Iilru;l r@T@r to Iilny portion of l..md
1'1'1 the Properties upor, which m He.use is ;.itl.liltea.
~jL~ion ~..i1.- "Owr.er" shall nlE1a.n and t~efer to the recQ}'d owner,
whether om!! Ot' mort'!' pe.,....~on~ or IP.'I"rtitie!!!'>, of e\, f'elf simple 'title to;:.
any 10't which is a part c'" the Prc'p@rties, including COY'l'tract
seller5 tlu",d vflindees, but excl"'lding thosl? having $ul=:"h intel'~em-t merel.y
as secl..lrity f(~l" 1':he perf'orma1"lc:e oOf' 8IYl I;.bligat:i.-::....., and exc-ll.ld!7jg
those havirlg ~ lien upc~n the property by prc)visiOl", Or" opera'tioYt c"f
law.
Sst::t iOTI ~..!._ "Pl~OPJilY't ip-G.h gh.ooll1 m@an o1!tnd refer to the 1'-.a1
pr-=.'per'ty MI!H"'ein befol"G dE!o5Ct"'ibed.
Se~tio'l"l 5. "Cit:y" s.hall meat', City of' Pilbertvil1e~ Wright
Ccunty~ Min~o~a.
.
Kenco Cons~ruc~ion.lnc.
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P.03
~RTICLE: ll~
BUILDING AND USE RESTRICTIONS
.
1?Et;:;Tl~ !. RROr;'~RTX lJ~~"
~)(Cep't TOot" relS iden't 1 a 1 pl;Il"'P()!!l~s.
5hClll comply w11;t1a.ll Cl 'ty Codes
RgY'@@mEmt with the 8i ty.
No 1\:,'1; or' House shall bel,.lsl'i'!d
Rll us~m !l.l"'td C:O'i'"os'tl"UI:'t: 10'" c.,... lo't;!!
f.l'....d Ord1 nance!'s and the Developer' 5
SECTION ?..I.__::;ET~.gS!h~ Ay,y nctl.Ase c:'ons"h'ucted on any lc,t sha.ll
meet i1i.l1 5-etbac~( requi t~erBent5 of thE! Ci'l;y !!md appl iea!:)}@ f.::c.des
r@stl'il;:tio:ns. mOl ",11 E?asem@nts iYI the pLat.
~ECT]ON 3.. .ARCl-HTECTURfl.b~..BEffiQ..'t..fi1.:;..!.. No hC'lnes ~.haJ.l be
con!1,>truct@d ...'pcrn iRny of thE lots until the model, iT1clucling lextewior
fi,...i!Sh set'Uedu 1 I!! , l\1'"Id floor pll!\l"I have bee,"! approved by thfit
arch i tectul'al rep1'"'@sentat i v~s ;;;d' the OE!clay-'ay,t - Deve1 Ooper.
Archi'tectural o.PP,-ovaJ.l is B.ddit ionalI)" t~eq..\ired f'(;n~ all o~hen~
iMpt""OoVef;'te~'ts such ,1$ f'f!'l\",ees, dOog ket"ty,els, e"tc:'~ P_t,...:h~:i.a Pt~att is
he~by desig~ated as the ?Irchitectl..lt"al Y'epre5er,t<a'tiv&.
~~TION 4. DRIVEWHYS. Rll th"iveways 'i.hall hay. a blat:ktop ,='r
p.rilef".1: driveway '..1 POl"l r::lOosi'l"t!J (:)1" to be cOMpleoted wi1:hil"l delil-igl",a'ted
Ii1SiC:'Y'OW plltriod.
SECTION 5. EASEMr;:NTS. N() use, ir,clUding placefflIp-nt o'f fill,
structures or f'~r,cil"lg shall be aIle-wed 11", d't"aiV'fflge 01'" a,C'!C'E!5$ 0"1'"
pipeline aaSEW1E1YttS. i y,cll.ldi r.g easements located oven' stat...,... sewet-.
pipe. Own~l" shall check withthtl! City 1:<:. ide'l"ttify alJ. such
easemp.nts as th~y a~rect thp.ir lot.
.
SECTION 6':._.~O NO~ lOUS RCIJV1.IY.t.... Nt:, 'l"loxi OUS c.r of"fEmsive
a~tivitie5 shall be ~c'\"Idlte'tl!td OYl al',y l.:<t. 0..... Living Units, nor
shelll anyth i ng b€-~ dOYIe? t het'6'on wh ich t/lEl';l be ot" bec:oMe ai"J AYU'",,;:'yar,ce
OJ" nui~al'lc@ to ,:..th@r OWYlli~r'S a$ per" the applicable city c.r>dirlarrcE.!;;r,_
S~CTION 7. gARBAGE ANDJ~EFlJSE REMOVAL._ N.;~ Lot !i!!ihall bE!' '-tl!l.ed or'
mC\\i.ntained .as .a dl.U1lping gro-.and. ror rubbi-sh. Tr85h, get"bage 01"
ot.he-t" wa5t~ 5hall \",<:,t be kept: f!ololCept i'l", $v\y,i t aY'Y cont ai TIers. Nc.
ref'us@ containers shall be placed .01"1 the 'ft....:,Y,t side of ahou1S-e
except on de51enated piCk-Up day~.
SECT I ON B..:.......t!!LJiIiI MAU:L.!i,!ll;sE1..E..~r?.:.. N.;:. l' ow 1, sU" i ma 1 s 01" i rtE>ii'Ct.\:;
sMall be I~~pt; (;.,.-, ..w',y living Uv;it ot~ Lot el-lcept dogs, cat-s ar,d other'
cOmMon household pets, provided that thli+Y .~\1"~(;;! \".ot ~tept, bred or
Mali 'l"ttai 1",&0 f.-:.Y' any CC'MMet""cial P'.!t"POSE!$.
SE'E;TION ';1ft PROHIBITED SIRUCTUR~S. No 5trltctut"e oof" a. ternj:lorary
cha.r.ct@l'~, trai lGor. tent. shack, garag@~ or ,:.ther bui ld iYlg Qll:eept a
permo1\neY"tt t"e$1der.c:~e, $hall be em",!$tr\.1c't!l!.'cl c.\,", .s.Y',y L-ot, el thel"
ter,'pol"'arily ot" p~l^mal'le'l"',tly. No \.lYlsightly or'" Ul'".licp-nsed vehit:;<les tl1iay
be s'tol"ed Ol"l a"',)' lot.. No campa,." mc.teor hOf/J@, r@c,.'@ational ve.>hicl~"
bOOllt, trai 1.r. b...!s or trllC~( may be !5t'::.~~ecl O-/", the ~ncterior (~1' <!tl"JY
hc.me ()r ge.t"'age lc.nger than 48 hc.urs, '_Inle-=.s 51..lch iter/! is llO-t,:"-ed ':'\"l <i'.
permanent, hard-s'_lrr6ced dri.....eway (c'::'nc:::-ret~, blac~ktop, etc.).
.
Kenco Cons~rYc~ion.lnc.
'3
P.'34
.
SECTION !.Q:. MODEL.. ~NO qALES USE;.:.. AIl ul:\li'shere i l"l
r\oi:"'itf')..t........dir.9, a....'y LiviYlg U)"Jit: may be used f'OY' a Model family
r..idonce bui lcli'ns~ .e.l-- for -"'reell estate o""'fie~ with CUg.tOM....\.~y
development !5i9l"4S duv-iyo,g i:h@ develapmElYI't pey'ic..d of' t;he Developey',
i t:s successors Ql'" assi g.....5 sUbject: tel appl icable cityreg~..\lat ions,
zoning and lQnd use,
~~!1.Q!'i.J..Lw. HAZARDOUS flCTIVITIES PROHIEIIT~:D. No ownE<:r shoO\ll
engage in or permit any ac::tivitie!5 1V', his. L.i.....i1".gLJnit, Or' Inair.ta1V',
O~.. per-mlt any condi t ion in hi5 Livit'lg Unit, which would be
considered hazardous by fire i n5Urc\r1CE! c~omp",.,..i E!5 01'" cO\J.ld adve>1"sely
arfect th& 1~!5ur~billty ~f the Living UYlit.
aECTIQt~L!2::..:. LAN~SCAPIN~~_ The boulevard!:; aWtc) 'front: yard>> c.t'
each lc.\t shall be s.,:.dded ahd each lc;:.'t shall have a f"ront yard e<r
bC.Lllev.;u~d 'tree. OWYtl5lY' shall Sie~d or sod r't9malindel~ of side ar,d baek
yard. w:i,thin three mQnths of completion. of hC:.1.lli51Ytg C'oYt'St.ruc~ior"
weather perrdt'ti."Igo In thlO;' event 01" win'tlf.'r c<::.h:stl"uctiQr.,1 th-e$e
iteM$ shall be dCWie 1"10 later t.han .htly 1 of that yeat'".
sgpTION J..J..!...__.129.!~L.KENNEL..~_ I=lny d.;:.g k&rnnel '5 ~hall have .t\ P'::HLl"lPd
eoncl"ete b.a!!$e> with s'heel f'eor'lci l"lg ar.D $l'1al1 tjG!' attached to the house
01" gal".aQe.
SECTION ~~_~fh... N.:;. fel",ce cC')"lstl":..tC'tmd on a Lot: shall ha.....e A
height of 9r~At9r than!ii-h: (6) feet..
.
SECTION..~-Bt!I.l;;~NA..J.. No Antenna sh.a 11 be hi ghE'l" than 6 fee>t
above thff< height of' the l"oof of' the home.
SEGTION :La" _SAT~L.L.ITji PBjf::~e:s. No satell i te dish of (f1,-,re than ~~
fee1; in diameter shall be allowed ':~r'J a propet"ty. Satellite 01sher.i
shall hav~ a pe't'"M.t\r.eYlt 'f,;)u''''d~t;101'1 "to the g't"'ound and rH)t be-attached
to 'the houss in ~ny fashion. Satellite Dishes S'ih~ll not. be.>
install.d 1~ ~rQ~t or side yardB_
~CTION j~~,OUTSIUE. STORAGE.
of tools, Rq~i~lent or Mat~ri~l.
There will be no outRide lStorBlge
.
~~CTION 15.__MAtNTENANCEOF EcERM~,. The Da>cla'l"at'"tt-Deve,lc.per wi] 1
construct abel"m as required by the Ci'ty, f"c.Y' the pL\rpQs~ Clf'
!!5crt!'e'hing and ~epal"l!lt i ng the ~i n!) Ie 'foal'l'li 1)' res i deYtt i 4ll at~eoa~ f'Y'C'1I1
the Areas 20Y'rI'!!CJ fo-r l'IH.llt i-f"atni ly '.is!:!.. Th~ bp.-rM wi 11 be p.~tabl is;.hil'd
along the ~asterty bO\Jndcn~y 01' Lots in Block i2 of' Parkside 2r'ld
Additio.n. It is nel"'eby dee-lared to be 'the c.bl igaticm and
......espor'1$ibility c'''' the c.~wT'lm'5 o'f each r.:,f' the !c..t;s de~eribed h'lthisl
Section to at 811 times maintail'l said berm oatnd trti!@S in a co....ditir;:.YI
sat isfraetol"'Y to 'l;he Ci ty. lJpOl'l a fai lUY'$ c.r the said aFfected lot
owners to Maintein the ~aid berm _nd t~e~$, th~ City has, ~~te~
'first giving tt"Jil"ty (30) days; m~il~d YI':ltiC'l<' t.:. tns afflilcted lot
OWTtE:Pt'>s. the right, privilege and Q,..l'th.=,'('it:y "to gc~ l,.lpOn the SQid
affecteo lots .;:.Vt...,.... iaY',o aet'05!l5 the ',At:!.l ity ;ami (jrainage ealiUiMl!!l"tt. area
dedicated i~t the pI at of Parksid@ Addi t i QY,. alma mai Yltain 01" replace
the said ba-rrn .;lV', ,I t."sss to thf2 Ci.tY'!Ii sati$faet1,o..... and to thei"J
asse5S thecosti> thet"'ec)f to all the affectei:! l<::.ts in said pl~t, 'the
said assessment shall b!:! payable in OYll!:! (1) year. The provisiol'lS 01'
t his paragraph 16 rn~y bu amended OP ctl..~y'ged by wri t'ten Clrllel''Jt:lrftent or
th@se Oeclarat;t .:'t-,S ~i gned ~i'::.lrely by thE City of' Al ben~tvi 11e .and the
Kenco Con$~rYc~ion,Inc.
o
P.05 .
OWf"Ij;;1rs cc1'thE! affected lots.. Th~ b~nef'i t or the re~tric::-i: ion!!l in
this p.ar~graph 18 do not run wi~h 'l:he:o lot;~ (,)ther- ~h~I.H", Lot!! iy, "Hoek .
e. cd' PaY'ke1 de 2r.{j (-ldd i t \ en'",.
Pr.tRTY WAL.L AGREEMENT
The abov~~ de~~C'i";i.oG!'d prc.pel'''ty C:'::'l"lsis'tli of two ~d.;.acel"lt living ynit:$
and theY'E! is 1 c)(:~.ated upon thQ> sai cI pt"c)peY'ty .;1. c(:cmmo,... w6 11, ar'.d
whe1"aa.$ owner"s i~ dB.iro'.!.s .:.f settling all f~uestions ~Iith 't'espect to
the oWI"'E!rship,.f'.,~'t'.Ai"& us.~ ,",rId maiYrl;.E;:ol'iiU"ICe c.'f ~5a:idwall$and
E!xteri.=,l'" M1i\intlilnance. N(:oW th,""l"ef'o't"~, t;he't<e i$ hEreby establ ish",d
~estri ct ive cO....(in.jants Llpon5~i,d p't'operty which shall be binding Up~<Yl
the fiiUCC&SSors, he-it"s .-a'l"ld a!iOsig)".s ot" de<:l.'!l.ran-c for a JOey-1ad of'
t n i \"1: Y (30) year';;.
A. That said wall ~h~ll be de~med to be a party wall in all
''''espect!i>_
B. That owners of either !5ide shall be E!mtitle>d to th~ '..le.e .=,f'
said wall either' whOlly or to ~~uch extent .as fllay be
nec~"'>ilry in con)"lect i<:>n wi th the USe! O!Tld ey,,joymlil'nt c"" 'tt'u~i r'
't"espect i. V~ pre-pert i ES.
c. All owners shall be responsible for th~ir repair end
maJ.l'ltel'l~nce of' thai r own side of sa id w<!lll, e'tV'ld 5hall U$E'
and mail"ltaiY, 'their re5pective propertie~ iY'. !HICh '" rn.M".\'.~r so
as not tp unreasonably incred'$e or <l\ccelet""",te the !!tl-uc'l;\.Il~.I\l
detericrr",d;ion ,::,f !5e\id wt!\llf iYo the eveyot it Qu>come&
nec:es.!lhl!\ry, ii'l the judgment 0'1' appropriateroYYJie~,p.al .
authorit ie!...,>, tc.' rnak.., ~true't',~l".sl .....ep,1\l.r5'. affecting br.:.th
sides t.:rf' said wall, or to ...'ebu i Id, 'l"'ather than \"'~pa.iY', the
whole ot' al"fY porti(:l'l", of ~aid wall, 'the:< ~o.t ther<eof bE!' bO\"'i"I~
equally by 'the pa~~ ies hereto, and it shall om Q'l"Q(:;.>t...d on
the s.ame locat i (n.,s, and be ;;.1' th5l G.4il.lOa 561 ~lil and of ~he S.,r.li/il
or .imil~r material of likQ qu~lity with the p~ese~'t wall.
D. Extet"i<n'" .aY'eoas of the dlo'Jell i ng s;hall be !\la1rrtai n@d il"'l a
1 i ke mal"'J'ner tel be c::onei16teYlt tQ the net ghbor<hO(;)d.
E. If it. i~ dee-riled t<:o tpe YlQcessary to replace extle\"io"'" sidiY'~J
and 'tt"'im .;:t''''' 'tel ~lave the same r~paired e,l"" r'epaiy'.ted for the
purpoa~ e.,f ext&~ri(:"r' nu\inter,aYll:::)S, both sides c.f the dwelling
shall mutually agree Q\~I th~ prh:e dnd cC'l"ltrac::'tOt"S and al~o
b~ re~;.pC:<l"lsi hIe f'r:.r' E!'<:IUa.l pc.r1; 10ng Qf' the total cost. If' oc.th
pi;U..tj.~S do 1"IOt agreel ej,thet" pG\r~\:;y '::'-<0\1') g@t three noYl biasfiO'd
opiniorl!s" If it is fo~,lYId that. extGlrioY'" maintenance is
needed, ,\;h~ OYI~ p~rty Ciiln contTact to have ttl..- wor~(
performed. If 5ec~r-ld party does nc.t pJ!ly-ticipe1;e in p~yrne!'l"'ot.
fit"!lt: P~y.t)' C'a\1"'l l.~vy a liQYt a.9..~j.Y'2-'t; ~ec.'ol'"ld pc.n~tie5 p,'"'<;:'per""ty
for ~hst amount of their equal portion of CO$t plu~ filing
fees.
F. Both pcS.n~t ies agree to WC'l~~( togethe'r" t<::. h~Vf~ . d@sirable
ewterio'l'" of' the bUi.ldiY',g ;;li"ld .:lg,""e~ r,.::.t tc. C::-hiily,g.. EiX't;el',i,:J\....
decc,\'" fro"" .:n"igi\'"tal, urll~5$ both g;idE'!5 cd' dwellil"lg agl"ee.
.
.
.
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Kenco Cons~~YG~ion,Inc.
o
P.06
G.
Th1e decl~ration shall bR
G"ovenal"''tr r"LlI"'l"li"'5! with the
benefit of' the! d~C'l..l"'a'flt'l
thtt C:L'ty of' Alb@y-tville.
&\'l; all 1;im... eon~;.trued as a
l~)"ld, ;l.\-.d ~l'\(O11 inure t9 the
i t ~ successors and a~'S i gr'llll and
to
RRTICLE l:Cl..
GENERAL PROVISIONS
~CT~mt.J..:....g:;.tf.QRCEMEl'>!:r..;:.., Any OWi'"rer Shf.\ 11 have th@ r-i ght tc:.
emforpe~ by any ;:n'''c"csedlng at law c,r in eqLlitY1 or both, ,all of thf:?
bl;n~m!!i and prr,:tvi<siaYI'S of' Art icle 11 (:,f this Dlrc:lat~clt ion. ~YJfo'l"'cemp.nt
!5hall be by pro:::.e:'eeding at law pr ir, equity 1;(;:. l"e5train violatd.-:<i"l or
to t~e~OVE'r d;:J.rnages again!~tany pf.iorDC'Y/ o~,' pe~~s'::ln!il violating .;;.r
attempting to violate any covenant.
SECTION 2p )~!EVE..RA!!ILITX.. h-.val.idat ion e.f ;any of theSE!
covet'h!:lYl'fis by .judgment OY' eO\,lrt (:.pder shall in no WAy affe~t ""',y (:.f
~he ott"IE:H'. prQvisi(:n'"I5">,which shall t"EH/lain iYr f"~\ll f'Ot'pe and.1'flii?ct..
eECTION _~AM~~NDMEt.nS~. These cc.veYla1"l'ts 13re to rLln wi th th~
band and shall bt.~ binding brl all panv't ieg. <arid .-11 r:u,'r2ons clairning
under' them 1"0::;'''' .01\ period 01' thirty years from the d.ate the~Q
COVQ1"l$l"lt Ii are racord sd, a f't st'" wh i en tiMe $.cl1 i d cove1"tcU'lt s;sh a 11 be
iill.ltolJ).;;d:ically t?xt9.l"lded fot"' sl.Jccessivs period!;; of 10 years ut"rl~'!>'JS.
an il"llatY'-lIMent (:i} 51 gned by .. folii'i.jo."'ity of' thljO> theYI owners 01' the
lots have bslit'YI i",.~!(:-c:.t"'ded, arid (i i) appY'ovP-d a.nd signed by the
City 01' Alber'l:;v::ill6!, hi:'l'S$ be~n"l r@eord~d agr't!!~b"lg to ehaYlge sllIid
covenant s i l"l who 1 e e,t"' in pal"'t.
.
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CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
PARKSIDE 4th ADDITION
THIS AGREEMENT, entered into this . ~tJ '/fI . day of ~ 6f.A/", 1997 by and
between Pilot Land Development Company, Inc., referred to herem 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 a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, a portion of
which parcels ofland are proposed to be subdivided and platted for development, and which
subdivisio~ which is the subject of this agreement, is intended to bear the name "Parkside
4th Addition" and may sometimes hereinafter be referred to as the "Subject Property" or
"Said Plat". and
,
p
WHEREAS, the CitY has given preliminary approval of Developer's plat of Parks ide
4th Addition 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, grading, sanitary sewer, water, storm sewer and streets (b.ereafter "Mtmicipal
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;
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within the Subject Property, 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
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and agreements of
the parties concerning the development of the Subject Property;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
A GREED, in consideration of each party's promises and considerations herein set fortl\ as
follows:
1
.
1. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal hnprovements located on and
off Said Plat as detailed in the Plans and Specifications for Parkside 4th
Addition, as prepared by Meyer-Rohlin, Inc. dated April 11, 1997 as on flie
with the City Clerk, said improvements to include installation of water mains,
sanitary and storm sewers, storm water ponding, site grading, curb and gutter,
and paved streets. 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, 1997, with the wear course of bituminous
pavement to be installed after May 15, 1998 but before August 30, 1998.
B.
The Developer warrants to the City for a period of two years from the date the
City accepts the finished Municipal hnprovements that all such improvements
have been constructed to City standards and shall suffer no significant
impainnents, 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.
.
C. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements. 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 penormed
work on any Municipal Improvements and whom Developer has failed to
fully pay for the performance of said work.
D. Developer shall grade all lots at the same time as the street grading is
penormed, and shall grade such lots in a manner which will allow for
adequate drainage from the lot.
E. 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
.
2
.
necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs incurred by the City
during said inspections.
F.
Developer shall be responsible for plowing snow on all streets in said plat
until the base course is installed, the castings have been adjusted and at least
one of the homes is occupied. Upon the OCCWTence of these three events, the
City shall be responsible for snowplowing. Until the installation of the wear
course of bituminous pavement, the Developer shall repair, at its expense, any
damage occurring to the base course, castings or other improvements from
said City snow plowing. and said snow plowing shall not be deemed an
acceptance of the streets by the City.
2. Construction or 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 in all
front and side yards, grass seeding in back yards, grading control per lot,
bituminous or concrete driveways, 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 July 31, 1999, with the exception of erosion control,
drainage swales and benning, which shall be installed upon initial grading of
Subject Property.
B, Developer shall place screening consisting of 6-foot evergreens 15 feet on
center along the east end of the residential property (between the
residentially-zoned portions and the commercially-zoned property to the
East). Said evergreens shall be installed during the 1997 growing season.
C. 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, 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;
3
111.
Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier;
.
IV. Cable television, to be provided by Jones Intercable or other such
catTIer.
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.
D. 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
plan.
E.
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.
.
F. Notwithstanding the requirements of subparagraph 2A 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
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.
G. Developer shall install storm water retention/water quality ponds upon Said
Plat as shown on the Grading and Drainage Plan attached as Exhibit C. Said
ponds shall be dedicated to the City, and Developer shall provide the City
with perpetual drainage easements over such ponds. Said retention ponds
shall be installed prior to the installation of streets or utilities.
.
4
.
.
.
3.
Intended Use of Subdivision Lots. It is the Developer's and City's intent that
single-family detached dwelling units be constructed on the lots in Said Plat (one
unit on each lot). Developer agrees that it shall not construct any units other than
said single-family detached dwelling units on the land in Said Plat.
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 $ 162,200.00 representing 100% of the
estimated cost of the Municipal hnprovements ($135,000.00) and 50% of the
estimated cost of the on- and off-site improvements ($27,200.00). 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 hnprovements 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 hnprovements during the warranty
period, or to otherwise fulfill the obligations of Developer under this
agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety referred
to herein is ever utilized and found to be deficient in amount to payor
reimburse the City in total as required herein, the Developer agrees that upon
being billed by the City, Developer will pay within thirty (30) days of the
mailing of said billing, the said deficient amount. If there should be an
overage in the 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 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
5
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.
E. That portion of said cash, irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all
such items are satisfactorily completed pursuant to this Agreement.
5. 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:
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 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 fITst year of the
warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty
period.
111. As to all requests brought under this paragraph A, the City Council
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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. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer
Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in
sanitary sewer trunk line fees. There are 8.6 acres in said plat. However, per the
agreement outlined in Parkside 3rd Addition Developer's Agreement, paragraph 2,
pages 2-5, the developer will be credited $900.00 per acre prior to the installation of
a sanitary sewer trunk line. Therefore, the Developer shall be required to pay
$4,300.00 ($500.00 x 8.6 acres). Developer will pay said fee prior to the release of
the final plat by the City.
7.
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
lll1dertaken 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 grolll1d-cover to prevent continuing soil erosion from the 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 may incur in
taking whatever action is reasonably necessary to provide ground-cover and
otherwise restore Said Plat to the point where lll1developed grolll1ds 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 pmpose
of paying the costs referred to in this paragraph.
8. 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
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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.
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9. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit D. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
10. 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.
11. 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 swface, 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
repair the damaged public property mentioned above, the City shall provide the
Developer with aN otice 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 assessed against any or all of Said Plat.
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12. 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 necessmy 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, 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. Noone may occupy a
building for which a building permit is issued on either a tempormy or
permanent basis until the streets needed for access have class five gravel and
concrete curbing installed, unless a specific exception is approved by the City.
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 via a short-form companion document referencing this
agreement. 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.
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G.
The Developer represents to the City that the Plat complies with all City,
COilllty, state and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If
the City determines that the plat does not comply, the City may, at its option,
refuse to allow construction or development work in the plat illltil the
Developer so complies. Upon the City's demand, the Developer shall cease
work illltil there is compliance.
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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 March 14, 1997 letter from the Wright County
Soil and Water Conservation District (said letter is on file with the City
Clerk).
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14. 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 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 continued obligation. The form of said
irrevocable letter of credit must be approved by the City Attorney prior to its
Issuance.
15. 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
.
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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 15A shall not apply to any acts or rights of the City under
paragraph 14 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.
C.
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.
A. 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 dedicate all
roads, road right of ways, 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 occur upon passage of a resolution to such effect by the City Council.
B. Developer shall dedicate an eight foot off-street trail easement along the south
side ofKalenda Drive from Westwind park through Parkside Fowth Addition
and up to the boundary of the Parkside Third Addition plat..
C. Developer acknowledges that a total of 0.43 acres of park land (8.6 acres of
residential land x .05) are needed under the City's current park dedication
ordinance. The Developer is dedicating 3,793 square feet (.087 acres) of park
land with this plat, which represents 20% of the land required for dedication.
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Developer and City have agreed that the remaining 80% of park dedication
requirement shall be paid to the City in the form of cash totaling $6,800.00
(17 lots x $500.00 per lot x 80%). Payment of said park dedication fee shall
occur prior to release of the fmal plat. Developer agrees to stub sewer and
water into Westwind Park as part of the required park dedication
requirements, at developer's sole expense. Developer agrees to install a
parking lot containing six (6) stalls on the land dedicated to the City as
parkland, at developer's sole expense. The lot shall contain one handicapped
stall and a means for all cars to turn around before re-entering the street right-
of-way in a forward facing position.
17. Phased Development. If the plat is a phase of a multi-phased preliminary 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
are approved by the City.
18. 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.
19. 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,
20. 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 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.
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21. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
AJberhrille,~ 55301
Telephone: (612) 497-3384
Pilot Land Development Company, Inc.
c/o Kent Roessler
13736 N.E. Johnson Street
Ham Lake, ~ 55304
Telephone: (612) 757-9816
. 22. Agreement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
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PILOT LAND DEVELOPMENT
COMPANY, IN
/
By /
I ,"
ts /
/"",
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
112- The foregoing instrument was acknowledged before me this 7 <;(:, day of
'tJf~ , 1997, by Mark Olson, 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.
...~.
LINDA M. HOUGHTON
" NOTARY PUBLIC-MINNESOTA I
WRIGHT COUNTY
w My Commission Expires Jan. 31, 2000
.
~~~~
Notary Public
14
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.
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ? 4 day of
O~ , 1997, by Linda Houghton, 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.
7J;JJ (: ~.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
Me foregoing instrument was acknowledged before me this c:tL.. day of
C/~ , 1997, by Kent Roessler, as President of Pilot Land Development
Company, Inc. ./~ 62
~ 'ls.II8/'.dx3 .wwoo An .-.---, ?-
V10S3NNIW-:ln8I1dAHV10N !~ ~..........' ~
llVt:ld VIOIt:llVd Notary Public
PATRICIA PRATT
NOTARY PUBUC - MINNESOTA
My Comm. Exp. Jan. 31,2000
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
~ ~regoing instrument wa~s aclrn l~d~ before me this (~ day of
~/ , 1997, by _~~ of Pilot Land Development
Company, Inc.
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EXHmIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(prior to platting):
That part of the north 35.00 acres of the Northeast Quarter of Section 2, Township 120,
Range 24, Wright COllllty, Minnesota, described as follows: Commencing at the northeast
comer of the said Northeast Quarter; thence South 1007' 12" West, assumed bearing,
along the east line of the said Northeast Quarter, a distance of 169.00 feet; thence South
890 42' OS" West, a distance of 562.92 feet to the actual point of beginning; thence
continue South 890 42' OS" West, a distance of 774.06 feet; thence South 00 50' 26" West,
a distance of394.00 feet to the south line of the north 35.0 acres of said Northeast Quarter;
thence North 89041' 56" East along the said south line, a distance of 774.06 feet; thence
North 00 50' 26" East, a distance of 394.00 feet to the point of beginning. Containing 7.0
acres.
Also including Outlot C and Outlot D, Parkside Third Addition. Containing 1.6 acres.
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing of the Parkside Fourth Addition Plat):
Lots 1 through 11, Block 1
Lots 1 through 6, Block 2
Outlots A and B
All said lots in Parkside Fowth Addition, City of Albertville, County of Wright,
Minnesota.
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