1996-08-13 Development Agreement
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DEVELOPER'S AGREEMENT
PARKSIDE 3RD ADDmON
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THIS AGREEKENT, entered into this /0< day of August, 1996
by and between Kenco Construction, Inc., collectively referred to
herein as "Developer"; and the CITY OF ALBERTVILLE, County of
Wright, state of Minnesota, hereinafter referred to as "City";
WITNESSBTH:
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 Third 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 Third 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 (hereafter "Municipal Improvements") be
installed to serve the Subject Property and other properties
affected by the development of Developer's land, to be installed
and financed by Developer;
WHEREAS, the City further requires that certain on- andqff-
site..improvementsbe installed by the Developer within the Subject
property,which>improvements consist of boulevards, tOI> soil and
sod,.......tretas planted. in the front yards of . those. .lots abutting the
bC>ulevards, gradj.ng control per lot, bituminous or concret.e
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;
NpW, . . THQ.BJ'ORE, ..IT IS <HERBBY AND. HERBIN HUTUALx,Y.. AGRBED, in
consideration of each ... party's promises and considerations herein
set fqrth, as follOWS:
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Construotion
KunioiDal ImDrovements.
The Developer shall construct those Municipal
Improvements located on and off Said Plat as detailed in
the Plans and specifications for Parkside Third Addition,
as prepared by Meyer-Rohlin, Inc., dated July 17, 1996
(including addendums) and as detailed in the Plans and
specif ications for the 60th street N. E. Trunk Line
Extension (including addendums), dated July 11,1996, all
as on file with the City Clerk, said improvements to
include installation of water mains, sanitary and storm
sewers, drain tile, storm water ponding, site grading,
curb and gutter, and streets. All such improvements
shall be constructed according to the standards required
by the City Engineer. said improvements shall be
installed by August 31, 1997, unless a later date is
specified by the City Engineer.
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, 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.
A.
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 performed 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 performed, 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 necessary) d'Uring the
construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs
incurred by the City during said inspection.
2.
ReimJ)ursement of Costs Related to the Installation of certain
Kuniciba.llml)1:ovements.
The city recognizes , and Developer agrees, that Developer
shall install a sanitary sewer trunk line (UTrunK. Line") which
will ..>benefit properties in addition. to. those .owned or
controlled by Developer. said TrunK. Line is identified on the
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attached Exhibit B. Developer shall construct that portion of
the trunk line as is indicated on Exhibit B and Developer
shall pay for said trunk line. As a consequence of
Developer's installation of the Trunk Line:
The City shall undertake good-faith efforts to establish
a trunk sanitary sewer charge ("Trunk charge") in the
amount of $1,300 per acre of platted land applicable to
the Subject Property. It is anticipated that said Trunk
Charge will consist of $900 per acre in costs for the
installation of the Trunk Line and $400 per acre in costE;
for the upgrade of lift stations located downstream from
said Trunk Line. Developer agrees that the $900 per acre
estimate for the installation of the Trunk line shall be
fixed to a sum certain at such time as the lowest
responsible bidder is determined in regard to the
installation of said Trunk Line. said determination
shall be made by multiplying the low bid for the
installa.tion of the Trunk Line by 1.18 (using 18% for
engineering) ,and dividing that product by the total
acres benefited by said Trunk Line (benefited acres shall.
be those .acres highlighted on Exhibit C as benefited
lands) Developer has 57.0 acres of the SUbject Property
which will be subject to said Trunk Charge at this time
(thecomInercial property shall be subject to Trunk
Charges at the time it is platted as buildable lots).
Prior to the issuance of the final plat of the Subject
Property, Developer shall pay the City $22,800 ($400 x 57
acres) in cash as the Developer's share of the lift
station-related Trunk Charges . Developer shall construct
and install the Trunk Line in lieu of and in satisfaction
of thees.timated$900 per acre trunk line installation
charge applicable to the Subject Property.
B. Once. the trunk charge ordinance is established, the city
agrees to reimburse to Developer, up to a maximum amount
to be determined as follows:
A.
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MultiPl.ying.. the low bid for the.. installation of. the
Trunk line by 1.18, and subtracting from . that
amount. the product of the per acre cost of the
trunk line (as finally . determined according to
subparagraph 2Aabove) times 57 acres.
For example, if the low bid.for the installation of the
Trunk line is $190 ,000, and. the per acre /costofthe
trunk line is $900, themaximum.amount to be reimbursed
to>the Developer would be $172,90C) [$190,000 x1.1S =
$224, 200, less. $51,300 (57 x $900)].
This ma.ximum amount (representing the approximate
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proportion of the cost of the trunk line which benefits
property other than the Subject Property), shall be
reimbursable solely from trunk charges collected from
lands which connect into said Trunk Line and which are
identified on the attached Exhibit C as "benefited
lands," but only to the extent that said trunk charges
are directly attributable to the costs associated with
the installation of the Trunk Line. The city and
Developer agree that the per acre Trunk Charge as
determined in subparagraph 2A above and as paid by
"benefited lands" which connect to the Trunk Line shall
be reimbursed to the Developer. The City shall have no
obligation to reimburse to Developer trunk charges from
lands not identified on the attached Exhibit C as
"benefited lands" but which may in the future hookup to
the Trunk Line. If additional trunk line fees (in excess
of the estimated $900 attributable to the installation of
the Trunk Line) are required of other lands, including
"benefited lands," to offset additional trunk-line
related costs of the city, said additional fees shall
belong solely to the city.
The City's obligation to reimburse developer shall exist
only to the extent that the city collects said trunk line
charges as detailed in subparagraphs A and.B. above, and
no other city monies shall be used to reimburse
Developer. Reimbursement to the Developer bytheCi ty of
qualifying monies shall occur by January 31st and July
31st.. of each year for the periods. ending the prior
December 31st and June 30th, respectively. The city's
obligation to reimburse Developer under this paragraph
shall cease on July 31, 2006, regardless of whether
Developer. shall have received any reimbursement... by said
date. . Under no circumstances. shall. Developer be
reimbursed more than the maximum amount as. determined by
the fOrmula in subparagraph 2B above. Ifforanyreason
theCi tyisun.able to establish or enforce a trunk charge
collection.mechanism, the City shall haVe no Obligation
to reimburse Developer.
D. Developer shall be eligible for reimb'Ursement under this
paragraph only if. the Trunk Line is installed by .. the
lowest. responsible bidder as determined by the city
Council in accordance with all applicable provisions of
Minnesota StatutesS471.345.
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E.
Should.Developer develop any of the lands identified on
E..xhibiticas"benefited lands," Developer shall pay the
City thta full amount of the trunk charge in effect <at. the
time> said lands are platted . Developer. shall then be
rei111bursed......from .said paid trunk charges aCCOrding to
sUl:>paragraph 2ES above.
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F.
Developer shall acquire all permanent and temporary
easements necessary for the installation of the Trunk
Line to be completed by Developer, and shall dedicate all
such easements to the City, all at Developer's sole
expense. All such easements must be approved by the city
Engineer and City Attorney prior to their dedication to
the City.
G. Developer shall dedicate the trunk line to the City in
the same manner and at the same time as the other
Municipal Improvements are dedicated to the City.
H. Developer understands that the reimbursement arrangement
set forth in this agreement is unique and untested under
the law. Developer agrees that should a court invalidate
this agreement or any portion of the reimbursement
provisions of this agreement such that the City can not
reimburse Developer from future fees as set forth in this
agreement the city shall have no further obligation to
reimburse Developer for any costs incurred by Developer
in constructing said Trunk Line.
3. Construotion of On- and Off-site ImDrovements.
Developer shall construct all on- and off-site
improvements including installation of boulevards, street
signs, traffic signs, yard top soil, s.od in all front and
side yards, grass seeding in back yards, trees planted in
the front yards of. those lots abutting the boulevards,
grading control per lot, bituminous or concrete driveway
approaches, paved walking paths between the following
lots: lot 1, block 6 and lot 4, block 5; lot 1, .block 5
and lot 6, block 4; and lot 1 block 4. and lot 2, block 3,
drainage swales, berming, and like .items as necessary,
street cleanup.. during project development, and erosion
co;ntrol(asample of some of the required On-and pff-
site Improvements are detailed inattacbed Exhibit 0).
said..on- andoff-sj.te improvements shall..be installed no
later than ...september 30, 1999, with the . exceptio;n of
erosion control, drainage swales. andberming, which shall
be . installed upon initial grading.. of .... supj ect Property.
Developer shall also comply with the landscaping planas
provided in this document.
B. DevelOPer shall, at. its own expense, catisethe following
items ...to be installed . within the . developme;nt,.. all... such
it4!ms(tp be installed under ground, within the street
right.ofway, accessible to all lots and in.. compliance
with all applicable state a;nd local regulations.:
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Electrical power supply, to be provided by NprtherIl
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states Power or other such carrier;
ti. Natural gas supply, to be provided by Minnegasco or
other such carrier;
iii. Telephone service, to be provided by United
Telephone Company;
iv. Cable television, to be provided by Jones
Intercable or other such carrier.
In addition, the Developer shall, at its own expense,
cause street lights and street signs to be of such type
and to be installed at such locations as required by the
City Engineer and in conformance with the Manual on
Uniform Traffic Control Devices.
C. Developer has submitted a utility plan for Said Plat
showing all existing and proposed utility lines and
easements, attached and incorporated herein as Exhibit E.
Developer agrees to have all utilities installed
according to this plan.
Developer shall install silt fencing in back of all
curbing within 37 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 eac:h
lot. No construction vehicles shall pass from. the str.eet
to the lots except through such. designated 22....foot
section of hay bales. Developer shall remove all hay
bales and silt fencing from each lot as sod is installed
upon said lot.
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F.
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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.
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), except for those lots currently
zoned for commercial use, which shall not be developed until
said commercial lots are replatted as buildable lots.
Developer agrees that it shall not construct any units other
than said single-family detached dwelling units on the
residentially-zoned land in said Plat.
5. surety Requirements.
A. Developer will provide the City with a combination of an
irrevocable letter of credit and a performance bond as
security that the .obligations of the Developer under this
contract shall be performed. Said combination shall be
as follows:
A letter of credit in the amount of $979,274
(representing 75% of the estimated cost of the
improvements). Said letter of credit must meet the
approval of the city attorney as to form and
issuing bank.
ii. A performance bond in the amount of $489,637
(representing 150% of the remaining 25% of the cost
of the . improvements). said bond must meet the
approval of. the city attorney as to form. and
issuing company.
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B. The ci tymay draw on said letter of creditor ..... pond to
comple~e work not performed.. by Developer.... (including but
not limited to on-andoff-siteimprovements, Municipal
Improvements described above,erosion control, ..andother
such measures) .,to pay liens on property to be dedicated
totbecity, to reimburse. itself for costs. incurred in
the drafting, execution, adminie;tration ()r enforcement of
this>agreement,to repair orcorrectdeficienc.ies or
other problems which occur/to the Municipal Improvements
du.ringthe warranty period, or to.otherwis.e ful.fill the
obligations.ofDeveloper.. under this. agreement.
In the event that any cash , irrevocablelett.erof credit,
or other surety referred to herein is ever utilized and
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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.
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 bond prove
insufficient or should Developer fail to maintain said
letter of credit or bond in the amount required above
within 30 days of mailing of written request by the city.
Should the City assess Developer's property for said
costs, Developer agrees not to contest or appeal such
assessment and waives all statutory rights of appeal
under Minnesota Statutes, inclUding Minnesota statute
429.081.
That portion of said cash, irrevocable letter of credit
or bond, or other surety with respect to the performance
of site Improvements shall be released upon certification
of the City. Engineer and approval of the City council
that all such items are satisfactorily completed pursuant
to this Agreement.
6. surety Release.
A. periodically, as payments are made by.. the Oeveloperfor
the completion of portions of the. MunicIpal Improvements,
and when it is reasonably prudent, the Developer may
request of the City that thesuretybe>proportlonCitely
reduced. for that portion of the Municipal. Improvements
which have been fully completed. and payment. .made
therefor. All .such decisions shall beat the discretion
of the> City Council. The CitY'sco.stfor prqc;essing
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 fqllows:
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When another acceptable letter of credit is
furnished to the City to replace a prior<letter of
credit.
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ii. When all or a portion of the Municipal Improvements
or the on- and off-site improvements have been
installed, the letter of credit or bond 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 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.
iii. As to all requests brought under this paragraph A,
the City council shall have complete discretion
whether to reduce or not to reduce said letter of
credit or bond.
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.
Abandonment of project - costs and BxDenses. In the event
Developer should abandon the proposed development of the
SUbject Property, the ci ty' 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.) . m.oIlths I or fails
to provide sufficient ground-cover to preventcontinuincl. solI
erosion from the Plat, Oeveloperag.rees to pay .all cos.ts the
city may incur in taking whatever action lsreasonably
necessary to provide ground-cover and otherwlse .restore Said
Platt.o the . point where undeveloped grounds are. level and
covered with permanent vegetation sufficient to prevent
continuing soil erosion from Said Plat. In .the event that
said<costs are not paid, the city may withdraw funds .from. the
above-mentioned surety . for the purpose. of paying the costs
referred to in this paragraph.
8.
Developer TO Pay City's. Costs and Expenses. It is. understood
and agreed that the Developer willreimbursetheCitYiforall
reasonable administrative, legal,planning,.. enginee.ringand
other professional costs incurred . in . the .. .creatiC)n,
administration, enforcement . or execution of this. Agreement and
the .approvalof the Parks ide Third. Addition plat, a.s well as
all . reasonable engineering expenses incurredbythecltyin
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designing, approving, installing, and inspecting said
Improvements described above. Developer agrees to pay all
such costs within 30 days of billing by the city. If
Developer fails to pay said amounts, Developer agrees to allow
the city to reimburse itself from said surety and/or assess
the amount owed against any or all of the Said Plat without
objection. Developer has the right to request time sheets or
work records to verify said billing prior to payment.
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 "F." Developer shall
also install all erosion control measures deemed necessary by
the ci ty Engineer should the erosion control plan prove
inadequate in any respect.
DitcbCleaninq.
Developer shall comply with all requirements set forth for
drainage into the county di tch through which water. from
subj ect 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 assUlD.efull financial
responsibility for any damage which may occur to public
property including but not limited to streets., street/sub-
base, base, bituminous. surface, curb, utility system
(including but not limited to watermain), sanitary sewer. or
storm . sewer when said damage occurs as a result of <the
activity which takes. place during the . develol>ment of.\said
Plat. The Developer further agrees to. pay all costs requiFed
to repair the. . streets and/ or utility systems . damaged.. .or
clut.teredwith.debris. when occurring as a.. direct. or indirect
result of .theconstruction 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.sb.a1l
provide the Developer with.a Notice of its intent.to.\clean ql>,
repair, or maintain such public.property. . Developer shall
have thirty (30) d,aysfromthe date of mailing of suchno~ice
to. effect such clean up, repair or. maintenance of.saidpu}:)lic
property to the.satisfaction of . the City. Council. . . In the
event that Developer fails to . so . clean uP,. .repair.ormaintain
said. public property, the city may undertake makinq>.orcausing
it to. be cleaned up, repaired or. maintained. Whenthe/iCity
undertak.essuCh.activity, the Developer shallreimblJ,rse the
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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.
TemDorary Easement Riahts. 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.
Misoellaneous.
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.
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
incompletion 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 whioh a building permit is issued on either a
temporary 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.
C.
D. The action or inaction of. the city shall not oonstitute
a waiver or amendment to the provisions of this Contract ·
To be binding, amendments or waivers shall be in wrlting,
signed by the parties and approved by writtenresolut:.ion
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 vl.aashort-
form compallion. ..document referencing this. agreement.
Developer agrees to record Said Plat in the Wright County
Recorder' s.Officewithin three (3) business days of the
execution of this agreement by the city. After the
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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.
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.
The Developer represents 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.
Prior to the execution of this agreement and prior to the
start of any. construction on the subj ect 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 th~.May 15,
1996 letter from the Wright County Soil and Water
Conservation District (said letter is on file with the
city ClerK.).
14. Draw on EXpirinq Letter of credit or bond. In the event a
surety.referred to herein is in.theformofanirrevocable
letter of credit or bond, which by itstermsma~bec.omenull
and. void prior to . the time at. which all . monetary()r other
obligations of. >theDeveloper are. paid or completed,.. l t is
agreed <that the Developer.shall provide. the City with a new
letter. /of credit .or bond or other. surety,... .acceptable. to the
City, < at<least. forty-five (45) days prior to 'the expiration of
the expiring letter of credit or bond.. If a new letter of
credit or bond ls not received as required abovta, the City may
declare .a .defau.lt in the terms of this j\greement and thence
draw in part or. in total, at the city's discretion, upon> the
expiring letter of credit or.bond to avoid the loss of surety
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for the continued obligation. The form of said irrevocable
letter of credit or bond must be approved by the City Attorney
prior to its issuance.
violation of Aareement.
A. In the case of default by the Developer, its successors
or assigns, of any of the covenants and agreements herein
contained, the city shall give Developer thirty (30) days
mailed notice thereof (via certified mail), and if such
default is not cured within said thirty (30) day period,
the City is hereby granted the right and the privilege to
declare any deficiencies governed by this Agreement due
and payable to the City in full. The thirty (30) day
notice period shall be deemed to run from the date of
deposit in the United states Mail. Upon failure to cure
by Developer, the city may thence immediately and without
notice or consent of the Developer use all of the
deposited cash, irrevocable letter of credit or bond 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.
paragraph lSA. 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 or bond 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.. Contt'act by. the
Developer shall be grounds for denial of buildinq
permits.
B.
16. Dedioations 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 cons.truction work.. and
certification of completion. by the city Engine~r,. shall
dedicate.all roads ,ro.ad irightof ways, sewers .. and. water
malnstotheCity. Prior. to dedication, Developer shall
provide to the City "As-Builts"of .all sewers,W'ater
m.ains,.roads, gas pipelines, .. electrical, cable and phone
supplies.. Acceptance by city ofanyde4ication >&lhall
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occur upon passage of a resolution to such effect by the
City Council. said dedications shall occur by August 31,
1997, or at such later time as determined by the City.
Developer acknowledges that a total of 2.85 acres of park
land (57.0 acres of residential land x .05) are needed
under the City'S current park dedication ordinance. The
Developer is dedicating 2.7 acres of park land with this
plat, or approximately 94.7% of the necessary park
dedication. As a result, Developer and City have agreed
that the remaining 5.3% of park dedication shall be paid
to the City in the form of cash in the amount of $2,605
(5.3% x 99 lots x $500 per lot). Payment of said fee
shall occur prior to release of the final plat.
.
.
17. Phased DeveloDment. 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. Developmentof
subseqtlent phases ( including the development of the two
commercially-zoned outlots) may not proceed until Development
Contracts for such phases are approved by the City. Approval
of this phase of the Development shall not be constr'Ued 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. screeninq Between Commeroial and Residential prooertv.
Developer shall place screening consisting of 6-foot
evergreens. 15. feet on center along. the east end of the
residential property (petween the residentially-zoned portions
and.. commercially-zoned portions of Said Plat). Developer
understands that the city may reqtlire additional screening or
berming at such time as the commercially-zoned property
develops.
19. Indemnity. Developer shall hold the City and its o.fficersand
employees harmless from claims made by Develol>er.. and . third
parties for damages sUf:;tained or costs incurred resulting from
plat approval .and development. The Developer shall. indemnify
the City and its officers and employees >forallcosts,J:lamages
or expenses .which theCi ty. may payor incur in .. consequence .of
such claims, including attorney's fees. Third parties shall
have no rtacourse against the City. under this ... contract.
.
14
.
.
.
20. Assiqnment of Contraot. The obligations of the Developer
under this Contract cannot be assigned without the express
written consent of the City Council through Council
resolution.
21.
professional Pee.. 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.
22.
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
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
23. Aaree.ent Bffect. This agreement shall be binding upon and
extend to the representatives, heirs, successors and assigns
of the parties hereto.
CITY OF ALBERTVILLE,
15
.
.
.
INC.
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF WRIGHT
Th!c... foregoing ent was acknowledged before me this
c:ZtJ. uv . day of , 1996, by Michael Potter as
Mayor of the city of Albertv1l1e, a Minnesota municipal
corporation, on behalf of the city and pursuant to the authority of
the city Council.
~/~ Q 0ft0~
Noe Y Pub11c .
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
~__._n..._.. .._ ....._. _- ....,
G~""~ JUDITH A..MAUE ·
. ' NOTARY PUBLIC-MINNESOTA ,
~ ..' . HENNEPIN COUNTY i
. ~-~: ......~~~!~~~~~!:..~!
T~ foregoing rument was aCknowledged before me this
cf2a. day of ., 1996, by Linda Houghton, as
Clerk of the City of Albertv1lle, a Minnesota municipal
cOrPoration, on behalf of the city and pursuant t.o thea\1thority of
the City Council.
f#yf d? if?'
Nota, - . ubl1c
tJ ~~a
o .. . .:c-u
------<c.,
......."_....,............:..... ..-................,
1- . JUDITH A. MAUE.I
. ~~~ NOTARY pUBLIC-MINNESOTA .~
,;(~~j . HENNEPIN COUNTYt
. \.'':i..~..:.../ My eomm. Expires Jan. 31, 2000 I
.......~_..........,.....,.._u....;,_.... u..........
----~ .' .' ... . . .'
16
.
.
.
STATE OF MINNESOTA )
) SSe
COUNTY OF WRIGHT )
The foregoing
k!J'+JI- day of
President of Kenco Const
ent was acknowledged before me this
~...~< 21996, by Kent Roessler, as
t on, Inc. ~
( ..~ . .J (~, -
Notary Publ1c
e PATRICIA PRATT
.... .. ~1IlV""""_'
My Comm. Exp. Jen. 81, 2000
17
.
.
.
EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer'S Agreement is legally
described as follows (prior to platting):
The Northeast Quarter of Section 2, Township 120, Range
24, Wright county, Minnesota, except therefrom the north
35.00 acres and the south 30.00 acres of said Northeast
Quarter.
The Real Property subject to the Developer'S Agreement is legally
described as follows (after the filing of the Parks ide Third
Addition Plat):
Lots 1 through 5, block 1
Lots 1 through 5, block 2
Lots 1 and 2, block 3
Lots 1 through 6, block 4
Lots 1 through 4, block 5
Lot 1, block 6
Lots 1 through 25, block 7
Lots 1 through 25, block S
Lots 1 thr9ugh 17, block 9
Lots 1 through 9, block 10
Outlots A, B, C, D, E, F, G, H, and I
All said lots in Parks ide Third Addition, City of Albertville,
county of Wright, Minnesota.
.
.
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TRUNK SANITARY...SEVVER
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