2001-08-06 Master PUD Agreement
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756748
DFFlr.E OF COWHY RECORDER
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CITY OF ALBERTVILLE
MASTER PLANNED UNIT DEVELOPMENT AGREEMENT
TOWNE LAKES
TIllS AGREEMENT, entered into this &i ~ day of J:{f!J , 2001 by
and between Contractor Property Developers Company, 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 ofthe real property
(the "Development") described in Exhibit A, attached hereto and incorporated herein
by reference, which real property is proposed to be subdivided and platted for
development and which real property is subject to the provisions of this Agreement;
and
WHEREAS, Developer is proposing to subdivide a portion of the
Development into 43 single-family lots. Said subdivision, which is to be govemed
by this Agreement, is intended to bear the name "Towne Lakes" and shall hereinafter
be referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer has received preliminary plat approval for 119 single
family lots in the Development as shown on Exhibit G, of which Said Plat is the first
phase of the Development; and
WHEREAS, this Agreement shall apply both to the Subject Property and to
the Development as shown on the attached Exhibits A and G; and
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WHEREAS, the real property described in Exhibit A is a paIt of the
Development over which preliminary plat approval has been granted; and
WHEREAS, approval of a Planned Unit Development is required to allow
for the aforementioned subdivision proposed by Developer; and
WHEREAS, the City has given preliminary approval of Developer's plat of
Towne Lakes contingent upon compliance with ceItain City requirements including,
but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading,
sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter
"Mwricipal hnprovements") be installed to serve the Subject Property and other
properties affected by the development of Developer's land, to be installed and
financed by Developer; and
WHEREAS, the City further requires that certain on- and off-site
improvements be installed by the Developer within Said Plat, which improvements
consist of paved streets, boulevards, top soil and sod, grading control per lot,
bituminous or concrete driveways, parking.lot, drainage swales, benning, street
signs, street lights, street cleanup during project development, erosion control, and
other site-related items; and
WHEREAS, the Developer has received preliminmy plat approval over most
of the land described on Exhibit A and will submit final plats for these lands in
phases over the course of several years; and
WHEREAS, this Agreement shall serve as a master agreement for all of the
Development over which preliminary plat approval have been granted and as a
primary Developer's Agreement for the fITst phase to be platted as Towne Lakes and
alternately described as "Said Plat" or "Subject Property." Separate Developer's
Agreements shall be required at the time of fmal platting of all phases of the
Development following Said Plat.
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the pmues and subsequent owners, the understandings and
covenants of the parties concerning the Development mld Said Plat and the
conditions imposed thereon;
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NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Planned Unit Develoument. The Development is hereby allowed to be
developed as a Planned Unit Development with flexibility from the strict
requirements of the City's Shoreline Regulations and Zoning Ordinance in
relation to selected items detailed in this paragraph.
A. Unless otherwise explicitly set forth in this Agreement, all lots in the
Development must confOlm to the requirements of the RI-A zone of the
Albertville Zoning Ordinance and applicable Shoreline Regulations, as
well as all other applicable land use regulations. Exceptions to the RI-A
zoning requirements are as follows:
1.
11.
m.
Lot Widths shall be as shown on the fmal plat.
Lot sizes shall be as shown on the final plat.
Street width shall be as shown on the approved plans and
specifications.
Minimum set backs (rear setbacks to be shown on Exhibit B)
IV.
a Front: Fifteen feet for a house and garage, except twenty
feet for all garages where the garage door faces the street.
b. Side: As shown on the attached Exhibit B. Driveways may
not encroach upon the side setback except that a driveway
may be placed within the setback to the extent that the
accompanying garage is allowed within the setback under
the provisions of this subparagraph, and except that for
those properties which utilize a garage facing a side lot line,
a paved turnaround may be allowed not less than three feet
from the side lot line.
c. Comer lots, Side: Fifteen feet for the house; twenty feet for
the garage when it faces the side street.
d. Interior lots, Rear: Twenty five feet, except that garages
may be allowed not less than ten feet fl.'om the rear lot line.
e. Lakeshore lots, Rear: See attached Exhibit B.
v.
Detached garages may be constructed on the same lot in
addition to an attached garage, provided the detached garage
does not exceed 600 square feet, and total garage square
footage, including attached garages, does not exceed 1,150
square feet.
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VI.
Maximum impervious SUlface coverage: 30% for all lots except
the following lots, which shall not exceed 40%:
Lots 2 and 5, Block 3; and
Lots 1, 2 and 3, Block 4; and
Lot 1, Block 7; and
Lots 1, 2, and 3, Block 8.
B. All grading, drainage, utility, wetland mitigatioI4 and transportation issues
that arise during development of the Development shall be subject to
review and approval by the City Engineer.
C. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit C. The Developer shall
guarantee that all new trees shall smvive for two full years from the time
the planting has been completed or will be replaced at the expense of the
Developer. The Homeowners Association shall require that bushes and
shrubs survive at least two years from the date of planting.
D. Developer shall, at its own expense, constlUct sidewalks and trails in the
locations shown in the attached Exhibit D at the time of road construction.
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E. Developer shall not disturb the remaining stand of woods presently
contained on Outlot N as shown on the preliminary plat attached as
Exhibit G (except for purposes of installing the trails shown on Exhibit
D), said woods to be dedicated to the City. The City and Developer
intend that this stand of woods remain a wooded area for the use and
enjoyment of residents of the City of Albertville.
F. Approval of Said Plat is contingent upon issuance of any necessary
permits required by the US A1my Corp of Engineers and the Wetland
Conservation Act. Such permits are subject to review and approval by the
City Engineer and City Attorney.
G. The Developer shall establish a homeowner's association via a recorded
covenant for this Development. The Developer shall fIle the homeowners
association covenants against all Lots in Said Plat and subsequent plats in
the Development, said covenants and agreements are to be submitted to
the City Attorney for review and approval and shall be subject to the
requirements of Section 1100 and 2700 of the City Zoning Ordinance.
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H. Said homeowner's association shall provide for maintenance of all of the
following items located within Said Plat: common areas, all outlots, all
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trees along all boulevards, the swimming pool described below, the
shoreline conservation easement area, all parks and park recreational
equipment, all piers, and all trails. Said items shall be maintained by the
homeowner's association in perpetuity except for lands dedicated as parks
pursuant to this Agreement and park recreational equipment, which shall
be maintained for five years from the establislunent of the homeowner's
association, after which time the City shall be solely responsible for their
maintenance. Said homeowner's association shall also enforce all
provisions of this Agreement which regulate the use of individual lots and
shall take all necessary action to enSlU'e that al110ts are being used in a
manner consistent with the terms of this Agreement.
I. Said homeowner's association shall provide for and maintain pelmanent
markers at all property lines along the Shoreline Conservation Easement.
The markers must advise property owners of the Shoreline Conservation
Easement and that property owner's must leave the area within the
Shoreline Conservation Easement in its native vegetative state as shown
on the landscaping plan attached as Exhibit E. The type of markers to be
installed must be approved by the City Engineer.
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J. Prior to the sale of any lot(s) within Said Plat, Developer shall provide to
the City with a copy of the sales literature and other appropriate
documentation which identifies all deed restrictions and that the pdvate
homeowner's association and not the City shall be responsible for the
maintenance of the items listed in paragraphs l.G & H above.
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K. Except as otherwise provided in this Agreement, upon the failure by
homeowner's association to properly maintain or repair the items outlined
in paragraphs 1. G & H above (as detelmined by the City), the City shall
give Developer and homeowner's association thirty (30) days mailed
notice thereof (via certified mail), and if such default is not cured within
said thirty (30) day pedod, the City is hereby granted the right and the
privilege to fix any deficiencies governed by this Agreement and bill the
homeowners' association for said costs. 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 the homeowners' association, the City may thence
immediately and without notice or consent of the Developer or
homeowner's association complete their obligations under tIus
Agreement, and specially assess the costs thereof against the lots within
the Development and/or bring legal action against the homeowner's
association to collect any sums due to the City pursuant to this Agreement,
plus all costs and attorney's fees incuned in enforcing this agreement.
Developer, property owners and homeowner's association knowingly and
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voluntarily agree not to contest or appeal such assessment and waives all
statutory rights of appeal under Minnesota Statutes, including Minnesota
Statute 429.081.
L. If a subdivision sign is desired by the Developer to identify the Towne
Lakes Development, a sign proposal shall be submitted for the review and
approval of the City Plarmer.
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M. Prior to the sale of any 10t(s) within the Development, Developer shall
provide to the City a copy of the sales literature and other appropriate
documentation which identifies that the plivate homeowner's association
and not the City shall be responsible for the maintenance of the
subdivision sign in perpetuity. Said documents shall also provide a clause
allowing the City to remove the sign in the event that it is not maintained.
This written documentation shall be subject to review and approval of the
City Attorney and filed with the Wright County Recorder's Office. Prior
to the sale of any given lot, Developer must infOlID the purchaser of the
DNR classification of the abutting lakes as Natural EnvirolUllent lakes and
that the lakes are generally not suitable for boating and swimming. All
purchasers of lots from Developer shall execute written documentation
prior to purchasing the lot which demonstrates that such purchasers have
received the infOlmation Developer is required to supply under tIus
subparagraph.
N. The Developer shall file deed restrictions with the Wright County
Recorder of Deeds for all lots adjacent to or containing pOltions of the
shoreline conservation area indicating that the use of fertilizer and
pesticides in the shoreline conservation easement area is prohibited.
The use of fertilizer and pesticides in the Development must be done in
such a way as to minimize runoff into the shoreline conservation
easement area or public water by the use of earth, vegetation, Of
additional means acceptable to the City Engineer.
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O. The Developer shall file deed restrictions with the Wright County
Recorder of Deeds for all lots adjacent to or containing NSP easements
indicating that no stmctures can be built within the easement areas. The
applicant shall also file deed restrictions with the Wright County Recorder
of Deeds for all lots adjacent to or containing wetlands or stOlm water
ponds indicating that no structures can be built within 30 feet of wetlands,
except for those lots shown on Exhibit L, on which the Developer may
construct homes within 30 feet of the wetlands as detailed on Exhibit L.
All such deed restrictions shall be subject to the approval of the City
Attorney.
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P. Prior to the sale of any lot(s) within the Development, Developer shall
provide the City with a copy of the sales literature identifying NSP
easement building restrictions, the required thirty (30) foot wetland
setback building restrictions, the location of all future parks within the
Development, and the location of all sidewalks, trails and easements.
Developer agrees that the aforementioned sales literature will be
distributed to all potential lot buyers within the Development prior to the
sale of any of said lots by Developer.
Q. It is the understanding of the Parties that Developer does intend to make
use of model homes within the Development. The Parties acknowledge
and agree that should Developer decide to construct any model homes
within the Development, use of such Model Homes shall be consistent
with Section 2200 of the Albertville Zoning Ordinance. Developer may
begin construction on eight initial model homes at such time as the gravel
for the su.'eets abutting the model home sites is installed (but before
bituminous smfacing is installed). No certificates of occupancy will be
granted for model homes until the abutting su'eet is paved and all utilities
are properly installed and connected to the homes.
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R. Electrical Easement Restriction. Lot 5 of Block 6, Lot 14 of Block 7; Lots
1 and 11 of Block 8; Lots 8 and 9 of Block 11, Lot 1 of Block 12; Lot 4 of
Block 17; Outlots G, L. and 0 of the Development are subject to
transmission line easements in favor ofNOlthem States Power Company,
its successors or assigns (hereinafter refen-ed to as "NSP"), as described
in that document recorded in Book 10 of Misc., page 168 of the Wright
County Recorder's office, and as modified by Document No. 607846 as
recorded in the Wright County Recorder's Office (hereinafter refen-ed to
together as "the Easements"). Said Lots shall be restricted in use in the
following manner so long as said NSP Easement remains valid:
1. Buildings on Easements. No building, whether temporalY or
permanent, including, but nor limited to outbuildings or accessOlY
buildings shall be placed or permitted to remain within the
Easements.
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2. Non-Building ImprovementslLandscaping. No fence, wall,
patio or other structure, nor any wire, pipe, path, walkway, tree,
hedge, driveway or exterior omament of improvements of any kind,
nor any addition, removal, alteration or remodeling thereof shall be
made, erected, altered or placed within the Easements until plans and
specifications therefore have been reviewed and approved by NSP.
In any event, no planting shall be allowed within 15 feet of any
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structure maintained by NSP within the Easements and, further, if
any of the area within the Easement is fenced, gates must be
installed to provide access to NSP for maintenance pmposes. Chain
link or other types of fences using metal material constructed on or
near the area within the Easements should be properly grounded.
3. Work Within Easement Areas.
a) Excavation/Grading Around Structure Location. A
minimum distance of 15 feet of suppOlted earth must be
maintained from structures for the transmission line
maintained within the Easements. Ground support beyond 15
feet from any such structure may be provided by a slope no
greater than 3 feet horizontal to 1 foot vertical. Support may
also be provided by the use of cribbing, sheet piling, retaining
wall or tunneling.
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Fill around or above steel structure foundations is not
permitted. Grades around structures must provide for surlace
water lUn-off. Ground elevations within the Easements shall
not be increased above existing grade, stockpiling of soil
and/or material within the Easements is not permitted. Where
transmission structures are exposed to vehicular traffic, steel
posts or guardrail type barricades must be installed in
accordance with specifications maintained by NSP.
Specific plans for any such excavation or grading aroIDld
structural locations located within the Easements shall be
submitted to NSP for review and approval prior to
commencement of any such work.
b) Clearance. A working clearance of 25 feet between
the eleco'ical transmission lines, any transmission structures,
and any cranes or digging equipment used in or near the
Easements must be maintained at all times. If this clearance
cannot be maintained, the person pelfonning the work must
arrange for a line outage in accordance with the procedmes
established by NSP.
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S. Other Use Resoictions. On all lots within 30 feet of any wetland, the
native vegetation within said 30 feet of the wetland shall not be
fertilized or mowed or otherwise distmbed. On all lots within 30 feet of
any wetland, no structure, including, but not limited to, outbuildings or
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accessOlY buildings, fence, planting or other matetial shall be placed or
permitted to remain which may damage or interfere with the installation
and maintenance of utilities, or which may change the direction of flow
or drainage channels in the easements, or which may obstruct or retard
the flow of water through drainage chalmels in the easements. The
easement area of each Lot including all improvements in it, shall be
maintained continuously by the Owner of the Lot, except for those
improvements for which a public authotity or utility company is
responsible. No Owner or other person shall apply any phosphorus-
based fertilizers or herbicides within fifty (50) feet of any wetland or
lake.
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T. Developer may construct a temporaty sales office on Lot 1, Block 5 in
the approximate location shown on Exhibit F. Developer will replace
the temporary sales office with a pelmanent sales office to be used in
conjunction with the swimming pool described in paJ:agraph I.U. below.
If not sooner constructed, said pelmanent sales office shall be
constructed at the time the pool is constructed. Upon the sale by
Developer of all nwnbered lots in the Development (but excluding Lot
1, Block 5) and any contiguous plats within the City of AlbeItville
developed by Developer, the Developer shall deed Lot 1, Block 5 and
the sales office to the Homeowner's Association, which shall retain
ownership of said Lot 1, Block 5 and shall use the sales office for a
community center or other such use in fmiherance of the homeowner's
association functions. The Homeowner's Association shall maintain
Lot 1, Block 5 in perpetuity. The use of Lot 1, Block 5 shall be
restticted to only those uses authorized in subparagraphs 1. T and 1. U of
this Agreement.
U. Developer shall install a pool on Outlot C in the approximate location
and in the approximate dimensions as shown on Exhibit F. Developer
shall constIuct said pool as soon as practicable after 100 homes in the
Development are occupied. Upon completion of construction of said
Pool, Developer shall transfer ownership and management of said pool
to the Homeowners' Association, which shall maintain the pool in good
working order for a minimum of 25 years unless a shOlter period of time
is agreed to by the City Council. The homeowners' association may
choose to limit use of the pool to homeowners' association members
and their families only.
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V. Developer shall ensure that all numbered lots are landscaped with
appropriate landscaping materials, the installed value of which shall not
be less than 2% of the cost of the lot plus all materials and labor
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necessary to constJ.uct the home placed on such lot. Said landscaping
shall be installed within one year of the occupancy of said home.
W. Developer may install common pier facilities in the approximate
locations as shown on Exhibit G, subject to City Council approval as to
size and configuration. Developer shall. submit detailed plans for any
such piers to the City and Depal1ment of Natural ResoW"ces, and shall
not install said piers without the permission of the City and the
Department ofNatmal ResoW"ces. Developer shall comply with all State
and Federal Rules and Regulations relating to the location and
construction of shore recreation facilities including, but not limited to,
piers, watercraft mooring areas, and launching ramps to be within the
Development. Owners of numbered lots shall not be permitted to install
docks or piers. No more than four boat slips shall be allowed on each
common pier facility.
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X. No owner of property within the Development shall be allowed to
operate, moor, store or otherwise use motorized watercraft of any type
on either Mud Lake or School Lake. The Homeowner's Association
shall not allow the operation of motorized watercraft from any piers
Developer or Homeowner's Association installs on said lakes.
Y. All homes built in the Development shall be constmcted in confOlmity
with the general design guidelines attached as Exhibit H. No home shall
be constructed on any lot until the home design, home placement, and
construction materials to be used have received approval of the
Architectural Review Committee to be established by the Homeowners'
Association.
2. Construction of Municipal Improvements.
A.
The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Towne Lakes, as prepared by Westwood Professional Services dated
June 11, 2001 and on file with the City Clerk, said improvements to
include installation of bituminous street, curb and gutter, water mains,
sanitalY and storm sewers, stOlID water ponding and site grading, and
tJ.'ails. All such improvements shall be consuucted 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, 2001, with the wear
coW"se of bituminous pavement to be installed after May 15, 2002, but
before August 15, 2002.
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B.
The Developer wanants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constlUcted to City standards and shall
suffer no significant impairments, either to the structure or to the
smface or other usable areas due to improper constlUction, said
warranty to apply both to poor matelials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said improvements on Said
Plat. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the light to draw upon Developer's surety
and pay any contractors who performed work on any Municipal
hnprovements and whom Developer has failed to fully pay for the
performance of said work.
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D, The City shalL at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City may
deem necessary) during the construction and installation of said
Municipal Improvements. Developer agrees to pay for all costs
incurred by the City during said inspections.
3. Construction of On- and Off-Site Improvements.
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A.
Developer shall construct all on- and off-site improvements including
installation of paved streets, curb and gutter, boulevards, street signs,
traffic signs, yard top soil, sod and seed in all yards, grading control
per lot, bituminous or concrete driveways and parking lots, drainage
swales, berming, and like items as necessary, sh-eet cleanup dming
project development, and erosion control, all as required by City
ordinance. Front, side and portions of the back yards of residential lots
shall be sodded in accordance with the Residential Development
Standards as on file with the City Administrator's Office. Those
poItions of the yards not required to be sodded may be seeded with
grass seed or sodded. In all cases pelmanent turf or grass must be
established over all areas of the lot not covered by a hard or
impelVious smface. The Developer shall guarantee that all new
plantings shall survive for two full years from the time the planting has
been completed or will be replaced at the expense of the Developer.
Said on- and off-site improvements shall be installed no later than
October 31, 2003, with the exception of erosion conh'ol, drainage
swales and benning, which shall be installed upon initial grading of
Said Plat, and except that the driveways and sod need not be installed
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B.
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in a lot until that lot is developed, provided adequate ground cover has
been established prior to the development of such lot.
Developer shall, at its own expense, cause the following items to be
installed within the development, all such items to be installed under
ground, within the street right of way or such other location as may be
approved by the City Engineer, accessible to all lots and in compliance
with all applicable state and local regulations:
1. Elecuical power supply, to be provided by Xeel Energy or
other such carrier;
11. Natural gas supply, to be provided by Reliant Energy or other
such carrier;
iii. Telephone service, to be proVided by SprintlUnited Telephone
Company or other such catTier;
lV. Cable TV service, to be provided by a local e~ll1ier;
In addition, the Developer shall, at its own expense, cause su'eet lights
and su'eet signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
on Uniform Traffic Control Devices.
c.
Developer has submitted a utility plan for Said Plat showing all
existing and proposed utility lines and easements, attached hereto and
incorporated herein as Exhibit I. Developer agrees to have all utilities
installed according to this Exhibit 1.
D.
Developer shall install silt fencing in back of all curbing within 30
days after said curbing is installed, or 7 days after the "small utilities"
(gas, phone, electtical 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 pUl-pose of
allowing construction vehicles to pass :fi'om the su'eet to each lot. No
constmction 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. As an alternative to installing silt fencing in back of all
cm'bing as required by this subparagraph, Developer may, at its
expense, install sod no less than three feet in width in back of all
curbing, provided that if, in the judgment of the City Engineer, the
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expense, install sod no less than three feet in width in back of all
curbing, provided that if, in the judgment ofthe City Engineer, the
installation of silt fencing in one or more places is needed, the
Developer shall install such silt fencing at its expense upon request by
the City Engineer.
E.
Notwithstanding the requirements of subparagraph 3A above, the
Developer shall install to the City's satisfaction improvements for each
lot or parcel prior to the date that a certificate of occupancy (temporary
or permanent) is issued by the City for a building located on the lot,
unless the certificate of occupancy is issued after October 1 st and
before March 30th in any given year, in which case a certificate of
occupancy shall be issued only ifthe owner ofthe lot has placed an
escrow with the Homeowners' Association in the amount of$2,000.OO
which is to be retained until the landscaping is installed to the
satisfaction of the Homeowners' Association architectural review
committee.
F.
Developer shall il1Stall storm water retention/water quality ponds and
basins upon the Development as shown on tbe Grading, Drainage and
Erosion Control Plan attached as Exhibit J. Said ponds and basins
shall be dedicated to the City, and Developer shall provide the City
with perpetual drainage easements over such ponds. Said retention
ponds and basins shall be installed prior to the installation of utilities.
4. Intended Use of Subdivision Lots.
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A. It is the Developer's and City's intent that a total of forty three single-
family detached dwelling units be constructed on the residentially zoned
lots being final platted as numbered lots and blocks in Said Plat, with one
dwelling unit per nunlbered lot. Developer agrees that it shall not
construct any dwelling units other than said single-family detached
dwelling units on the land in Said Plat.
B. Developer and City intend that as additional phases of the 85.3 acres are
developed consistent with the preliminary plat attached as Exhibit G, one
dwelling unit may be constructed on each numbered lot. Upon final
platting of all property which has received preliminary plat approval,
Developer and City anticipate that a total of 119 numbered lots will have
been created. Developer and City anticipate that in the future, Developer
will replat those portions of Outlot N as shown on the preliminary plat
which will not be dedicated to the City as the land adjacent to the 85,3
acre parcel develops and provides street access to those portions of the
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5. Surety ReQuirements.
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A. Developer will provide the City with an ilTevocable letter of credit (or
other surety as approved by the City Attol11ey) as security that the
obligations of the Developer under this contract shall be pelformed.
Said letter of credit or surety shall be in the amoWlt of $1,434,485.00
representing the sum of 100% of the estimated cost of the Municipal
hnprovements ($1,070,000.00),50% of the on and off-site
improvements ($25,800.00), and 150% of the estimated cost for
landscaping/screening materials ($338,685.00), Said letter of credit or
surety must meet the approval of the City attomey as to fOlID and
issuing bank.
B.
The City may draw on said letter of credit or surety to complete work
not peIfOlmed 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 incun'ed in the
drafting, execution, administration or enforcement of this Agreement,
to repair or correct deficiencies or other problems which occur to the
Municipal Improvements during the walTanty period, or to othelwise
fulfill the obligations of Developer under this agreement.
C. In the event that any cash, ilTevocable letter of credit, or other surety
referred to herein is ever utilized and fOlmd 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
amOlmt. If there should be an overage in the amount of utilized
seclUlty, the City will, upon making said determination, refund to the
Developer any monies which the City has in its possession which are
in excess of the actual costs of the project as paid by the City.
D.
Developer hereby agrees to allow the City to specially assess
Developer's property for any and all costs inclU1"ed by the City in
enforcing any of the terms of this agreement should Developer's letter
of credit or surety prove insufficient or should Developer fail to
maintain said letter of credit or surety in the amount required above
within 30 days of mailing of written request by the City. Should the
City assess Developer's property for said costs, Developer agrees not
to contest or appeal such assessment and waives all statutOlY rights of
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756748
I.
.
appeallUlder Minnesota Statutes, including Minnesota Statute
429.081.
E.
That portion of said cash, ilTevocable letter of credit or other surety
with respect to the pelfOlmance of Site Improvements shall be released
upon ceItification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
F.
In the event a surety 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 monet31Y or other obligations of the Developer
are paid or satisfied, it is agreed that the Developer shall provide the
City with a new letter of credit or other sm"ety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the tenllS of
this Agreement and thence draw in p311 or in total, at the City's
discretion, upon the expiting letter of credit to avoid the loss of surety
for the continued obligation.. The form of any irrevocable letter of
credit or other surety must be approved by the City Attomey prior to
its issuance.
6. Surety Release.
.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off-site Improvements, and when it is reasonably pmdent, the
Developer may request of the City that the surety be proportionately
reduced for that poItion of the Municipal Improvements and on- and
off-site improvements which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
CounciL The City's cost for processing reduction request(s) shall be
billed to the Developer. Such cost shall be paid to the City within
thiIiy (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 fumished
to the City to replace a prior letter of credit or surety.
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756748
.
11.
When all or a poI1ion of the Municipal Improvements or the on-
and off-site improvements have been installed, the letter of
credit or sw'ety 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 dwing the fIrst year of the wan'anty
period and 5% of the estimated construction price ofthe
Municipal Improvements dlUing the second year of the
wan'anty period. Developer may substitute a wall'anty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
111, As to all requests brought under this paragraph, the City
Council shall have complete discretion whether to reduce or not
to reduce said letter of credit or surety.
A. The costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of
billing.
.
7. Abandonment ofProiect - Costs and Expenses.
In the event Developer should abandon the proposed development of the Subject
Property, the City's costs and expenses related to attOlney's fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans and
specifications, and any other expenses undet1aken 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 fi'om the City. In addition, in the event the
Developer abandons the project, in whole Of in part, ceases substantial field work
for more than nine (9) months, fails to provide sufficient ground-cover to prevent
continuing soil erosion fi.-om the Development, or fails to leave the abandoned
propeIty in a condition which can be mowed using eonventionallawn mowing
equipment, Developer agrees to pay all costs the City may mem in taking
whatever aetion is reasonably necessmy to provide ground-cover and otherwise
restore the Development to the point where undeveloped grounds are level and
covered with pelmanent vegetation sufficient to prevent continuing soil erosion
from the Development and to facilitate mowing of the Development. In the event
that said costs are not paid, the City may withdraw funds from the above-
mentioned slU"ety for the purpose of paying the costs refel1'ed to in this paragraph.
.
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756.748
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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 incmred in the creation, administration, enforcement or execution of this
Agreement and the approval of the Development, as well as all reasonable
engineering expenses incurred by the City in designing, approving, installing,
and inspecting said Improvements described above. Developer agrees to pay all
such costs within 30 days of billing by the City. If Developer fails to pay said
amounts, Developer agrees to allow the City to reimbmse itself from said surety
and/or assess the amount owed against any or all of the Development without
objection. Developer has the right to request time sheets or work records to
Ve1Uy said billing prior to payment.
9. Sanitary Sewer and Water Trunk Line Fees.
.
A. Developer agrees that the City's Sanitmy Sewer Trunk Line Fee Ordinance
and Water Trunk Line Fee Ordinance cun-ently requires the Developer to pay
$1,400.00 per acre and $1,200.00 per acre respectively, in sanitmy sewer
trunk line and water bunk line fees upon development of Developer's
property. There are 85.3 acres in the area which received preliminmy plat
approval and as described in Exhibit G. Therefore, the Sanitary Sewer Trunk
Line Fees for all property receiving preliminwy plat approval w'e expected to
be $221,780.00 ($119,420 in sewer fees calculated as $1,400.00 x 85.3 acres
and $102,360.00 in water fees calculated as $1,200.00 x 85.3 acres).
B. In pattial payment of such fees, Developer shall construct the following
sanitwy sewer and water improvements that will serve the Development and
dedicate them to the City of Albertville:
.
1. A sanitary sewer forcemain from the Towne Lakes liftstation to an
18" gravity sewer main located in 62nd Street as shown on Towne
Lakes plans prepared by Westwood Professional Services and dated
June 1,2001.
11. An 18" gravity sanitary sewer main shown on the 62nd Street Trunk
Sewer Improvement plans dated May 7,2001 as prepared by SEH,
Inc.
111. A "wet well" for the Towne Lakes liftstation as shown on plan sheet
number 46 of the City of Albetiville's N0l1hwest Commercial Park
Project on file in the City Clerk's Office.
IV. A 12" water main from 620d street to the westerly terminus of West
Town Lake Drive as shown on plans prepared by Westwood dated
June 1, 2001.
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756748
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i
.
.
.
C. The City and Developer agree that Developer shall be credited with the
following costs incurred by Developer in installing the sewer and water
improvements described in paragraph 9.B.:
I.
All constmction costs consistent with those costs detailed in that
memo dated June 25, 2001 from Peter 1. Carlson of SEH to Linda
Goeb, Albel1ville City Administrator. The City estimates that the
constmction costs for the sewer and water improvements described in
paragraph 9.B. above will be approximately $150,000.00.
All engineering staking and inspection costs related to the sanitary
sewer forcemain and wetwell.
All design engineering costs related to the sanitary sewer forcemain.
That propOltion of the engineering staking and inspection costs related
to the installation of the 18" sanitary sewer main calculated by
multiplying all engineering costs related to the 18" sanitary sewer
main by the construction cost attributable to oversizing said sewer
main from an 8" sewer main to an 18" sanitaJ.Y sewer main, divided by
the total constmction cost of the 18" sanitaty sewer main.
That proportion of the engineeling design, staking and inspection costs
related to the installation of the 12" water main calculated by
multiplying all engineering costs related to the 12" water main by the
constmction cost attributable to oversizing said water main fi.'om an 8"
sewer main to an 12" water main, divided by the total construction
cost of the 12" water main.
ii.
m.
IV.
v.
D. Said credited costs shall be applied to all sanitary sewer and water trunk
charges due upon platting of each phase of the Development, beginning
with the platting of Said Plat. Credits shall then be applied to offset
sanitary sewer and water trunk chaJ.'ges due upon the platting of succeeding
phases of the Development. For each pOluon of the credit outstanding
between phases, the City shall adjust that credit by the difference in the
Consumer Price Index as measured fi'om the time of platting of the previous
phase to the time of platting of the then-current phase. The City shall apply
the credit to each phase of Development until said credit is exhausted, at
which time Developer shall pay any remaining Sewer Trunk Line Fees in
cash at the time of fmal platting of said successive phases.
10. Erosion and Siltation Control.
Before any grading is stroted on any site, all erosion control measures as shown
on the approved Grading, Drainage and Erosion Control Plan shall be strictly
18
756748
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complied with as set forth in the attached Exhibit 1. Developer shall also install
all erosion control measures deemed necessaty by the City Engineer should the
erosion control plan prove inadequate in any respect.
11. Ditch Cleanin2:.
Developer shall comply with all requirements set f01th for drainage into any
county ditch or other ditch through which water from the Development may
drain, and shall make any necessaty improvements or go through any necessaty
procedm-es to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
12, Maintain Public Property Dama2:ed or Cluttered Durin2: 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
watelmain, sanitaty sewer or storm sewer when said damage occurs as a result of
the activity which takes place during the development of the Development. The
Developer fw1her agrees to pay all costs required to repair the streets, utility
systems and other public property damaged or cluttered with debris when
occuning as a direct or indirect result of the construction that takes place in the
Development.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occuning as a
result of construction activity on the Development will be repaired
immediately if deemed to be an emergency by the City. Developer further
agrees that any damage to public property as a result of constmction activity on
the Development will be repaired within 14 days if not deemed to be an
emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately undeltake making or causing it to be cleaned
up, repaired or maintained. When the City undeltakes such activity, the
Developer shall reimburse the City for all of its expenses within thilty (30) days
of its billing to the Developer. If the Developer fails to pay said bill within thirty
(30) days, then the City may specially assess such costs against the lots within the
Development and/or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to attomeys fees inc1ll1'ed by the
City as a result of such legal action.
.
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756748
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.
Developer knowingly and vohmtarily waives all lights to appeal said special
assessments under Minnesota Statutes section 429.081.
13. Temporary Easement Ri1!hts.
Developer shall provide access to the Development at all reasonable times to the
City or its representatives for purposes of inspection or to accomplish any
necessaty work pursuant to this Agreement.
14. Miscellaneous.
A. Developer agrees that all constmction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C.
Ifbuilding pelmits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions oftlus Contract. To be binding,
amendments or waivers shall be in wIiting, signed by the paTties 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. Ibis Contract shall run with the land and shall be recorded against the
title to the propeIty. After the Developer has completed all work and
obligations required of it under this Contract (including the expiration
of the wal1'anty period), at the Developer's request, the City will
execute and deliver to the Developer a release of its obligations under
this Agreement
F.
The Developer represents to the City that the Development complies
with all City, cOlmty, state and federal laws and regulations, including
.
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756748
~
.
G.
but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City detelmines that the
Development does not comply, the City may, at its option, refuse to
allow constmction 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 AgI',ement and prior to the shut of any
construction on the Development, I Developer shall provide the City
with evidence of good and marke~able title to all of the Development.
Evidence of good and marketable ititle shall consist of a Title hlsurance
Policy or Commitment from a nat~onal title insul"ance company, or an
abstract of title updated by an abstact company registered under the
laws of the State of Minnesota. .
H.
I
Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by th~ Wright County Soil and Water
Conservation District and/or the Qity and any applicable provisions of
State or Federal law or regulations.
!
I.
The Albertville City Council reseItves the right to allocate wastewater
treatment capacity in a manner it ~nds to be in the best interests of the
public health, safety and welfare. jDeve10per acknowledges and agrees
that the City is currently in the prqcess of expanding its wastewater
treatment plant capacity. Develo~er further acknowledges and agrees
that delay in the availability ofwabtewater treatment plant capacity
may occur for some lots located "tithin the Development and that such
delay in capacity availability maylalso delay the issuance of building
permits for some lots within the qevelopment.
I
,
1. Developer shall not place any snupture at an elevation such that the
lowest grade opening is less than 1jwo feet above the highest known
smface water level or ordinmy high water level or less than one foot
above the 100-year flood level of ~y adjacent water body or wetland.
If sufficient data on high water le~els is not available, the elevation of
the line of permanent aquatic veg~tation shall be used as the estimated
high water elevation. When:fill isirequired to meet this elevation, the
fill shall be allowed to stabilize an~ consnuction shall not begin until
the property has been approved b~ the Building Inspector or a
professional soils engineer.
.
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756748
.
.
.
K.
Developer shall obtain all required dIiveway, utility and other pemuts
as required by either the City Engineer, WIight County and/or the
State of Minnesota.
L. All outlots shall be seeded to prevent soil erosion, except areas
previously delineated as wetlands.
15. Draw on Expirin!! Letter of Credit.
In the event a surety referred to herein is in the fOlm of an irrevocable letter of
credit, which by its terms may become null and void prior to the time at
which all monetmy or other obligations of the Developer m'e paid or
completed, it is agreed that the Developer shall provide the City with a new
letter of credit or other surety, acceptable to tlle City, at least forty-five (45)
days pIior to the expiration of the expiring letter of credit. If a new letter of
credit is not received as required above, the City may dec1m'e a default in the
terms of this Agreement and thence draw in pm 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 ilTevocable letter of credit must be
approved by the City Attomey prior to its issuance,
16. Violation of A!!reement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer 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 thi.tty (30) day notice pedod shall be deemed to run
from the date of deposit in the United States Mail. Upon failme to
cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations
illlder this Agreement, and bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incun'ed in enforcing this agreement. The
City may also specially assess all said costs incuned upon default
against the propelties in the Development pursuant to the tenus of tIus
agreement.
B.
Notwithstanding the 30-day notice period provided for in paragraph
16(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environment or to public property, or
22
756748
.
.
.
~
result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
hann or safety hazard, provided that the City makes good-faith,
reasonable efforts to notify the Developer as soon as is practicable of
the default, the projected irreparable harm or safety hazard, and the
intended actions of the City to remedy said harm.
C.
Paragraph 16A of this section shall not apply to any acts or rights of
the City under the preceding paragraph, and no notice need be given to
the Developer as a condition precedent to the City declaring a default
or drawing upon the expiring irrevocable letter of credit as therein
authorized. TIle 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.
D.
Breach of any of the tenus of this Contract by the Developer shall be
grounds for denial of building permits.
17. Dedications to the City.
A.
Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to the Development, and upon completion of all
construction work and certification of completion by the City
Engineer, shall dedicate all roads, road and trail right-of-ways, curbs,
gutters, ponds, sewers and water mains to the City. Upon acceptance
of dedication, Developer shall provide to the City "As-Builts" of all
sewers, water mains, and roads. Acceptance by City of any dedication
shall occur upon passage of a resolution to such effect by the City
Council.
B. Park, Trail and Outlot Dedications. Developer aclmowledges and
agrees that as part of its park dedication requirements for the 119
residentially zoned lots in the Development, Developer shall provide the
following park-related items to the City at no charge to the City:
i.
Developer shall dedicate to the City the following lots for park
purposes:
Outlots D, F, G as shown on the final plat;
Park I and Park 2 as shown on the final plat;
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756748
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.
Outlots H, I, and L as shown on the prelimimuy plat
attached as ,Exhibit G.
In the event the City fails to make the Outlots available for uses
consistent with park purposes the Homeowner's Association
may notify the City in writing of such failure and request that
such lots be made available for park purposes. In the event the
City fails to make such lots available for uses consistent with
park purposes within ninety days after receipt of written notice
from the Homeowners' Association the Homeowners'
Association shall have a right of revelter and may require the
City to deed such Outlots not made available for park purposes
to the Homeowners' Association. In such event, the
Homeowners' Association shall maintain such Outlots and
provide for the use of such Outlots for park pw-poses. Use of
all or a poI1ion of the Outlots by the City for road ptrrposes or
for pw-poses directly related to the maintenance of the abutting
lakes shall be deemed a park purpose.
.
11.
Developer shall convey to the City the following lots:
Outlot A and J as shown on the fmal plat;
Outlot K, and that portion of Outlot N which includes the
woods, ponds and wetlands, all as shown on the
preliminary plat attached as Exhibit G.
m. Developer shall convey to tlle Homeowners' Association
within one year of the establishment of the Homeowners'
Association the following lots:
Outlots B, C and E as shown on the final plat;
Outlots J and 0 as shown on the preliminary plat
attached as Exhibit G.
IV. Developer shall install park landscaping as shown on the
Landscaping Plan attached as Exhibit C.
v.
Developer shall install park benches, play ground equipment,
swings, 2 play "diggers," 2 play spring toys, park fencing,
.
24
756~i'48
.
I
.
.
drinking fountain, chairs/benches, omamental park lighting, 3
pergolas, picnic tables, tot lot, and gazebo as shown on the park
plans attached as Exhibit K.
VI.
At such times as 100 homes in the Development are occupied,
the Homeowners' Association shall survey the residents of the
Development as to whether the residents desire to have
additional play ground equipment, a volleyball court, a tennis
coud and parking lot installed at the parks located in the
Development. The survey shall inform the residents that if
more than 50% of those responding desire any of the park
amenities described in this subparagraph to be installed, the
Homeowners' Association shall be responsible for 50% of the
cost of purchasing and installing said amenities and the
Developer shall be responsible for 50% of the cost of
purchasing and installing said amenities. The fOlm of the
survey must be approved by the City Council prior to its
distribution. If more than 50% of the residents responding
request selected park improvements, Developer and
Homeowners' Association shall install such improvements and
shall split the cost of the installation. All such improvements
shall be subject to City Council approval as to equipment
design/type and location of installation.
Vll. Developer shall provide to the City a fifteen foot wide trail
easement over that poItion of Lot 1, Block 5 shown on the
attached Exhibit D.
Vlll. Developer shall install eight foot wide bituminous trails in the
locations shown on the attached Exhibit D. All such trails shall
be constructed to the standards required by the City Engineer
and shall be completed with the Municipal Improvements
required in this Agreement.
D.
Shoreline Conservation Easement
A shoreline conservation easement around the shores of both School
Lake and Mud Lake shall be dedicated to the City. It is the intention
of the parties to this Agreement that this conservation easement area be
returned to its native vegetative state and shall act as a buffer to the
lakes. Developer at its own expense shall restore the easement area by
planting native trees, grasses and shrubs within the shoreline
conservation easement to encourage wildlife habitat and decrease the
25
756748
visual impact of the development on the natural envirolllnent
lakeshore. Said landscaping shall be cons1nIcted as shown in the
landscaping plans attached as Exhibit C. Developer shall guarantee all
new plantings as required by Exhibit C shall survive for two full years
from the time of planting has been completed or will be replaced at the
expense of the Developer.
18. Phased Development.
If the plat is a phase of a multi -phased preliminmy plat, the City may refuse to
approve fmal plats of subsequent phases until public improvements for all
prior phases have been satisfactOli1y completed. Development of subsequent
phases may not proceed until Development Contracts for such phases are
approved by the City. Approval of this phase ofthe Development shall not be
construed as approval of future phases nOf 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.
.
19. Indemnity.
Developer shall hold the City and its officers and employees hannless from
claims made by Developer and third parties for damages sustained or costs
incW"red resulting from the Development approval and development. The
Developer shall indemnify the City and its officers and employees for all
costs, damages or expenses which the City may payor incur in consequence
of such claims, including attorney's fees. Third patties shall have no recoW"se
against the City under this contract.
20. Assil!nment of Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from its obligations
under this contract without the express written consent of the City Council
through Council resolution.
21. Limited Approval.
Approval of this Agreement by the City COlmcil and issuance of the
Conditional Use Permit which is the subject of this agreement in no way
.
26
756748
.
constitutes approval of anything other than that which is explicitly specified
in this Agreement
22. 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 fwnished by the Developer as provided herein.
23. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this
Agreement by reference as they appear. Unless othelwise specified in this
agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
.
24. Inteeration Clause. Modification bv Written Aereement Onlv.
This Agreement represents the full and complete understanding of the parties
and neither party is relying on any prior agreement or statement(s), whether
oral or written. Modification of this Agreement may occur only if in writing
and signed by a duly autllOrized agent of both parties.
25. 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
AJbe~lle,1fJN 55301
Telephone: (763) 497-3384
.
Contractor Property Developers Company
7100 Northland Circle, Suite 108
Minneapolis, MN 55428
Telephone: 763-971-0477
Fax: 763-971-0576
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756748
I .
26. A2reement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
.
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
~:JV& -
Homer H. Tompkins III
Its President
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 6" d
day of August, 2001, by John Olson as Mayor of the City of AlbeItville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City
Council.
.
28
756748
~
TJJJ c ~
Notmy Public
STATE OF MINNESOTA )
) ss.
COUNTYOFWRIGHT )
The foregoing instrument was acknowledged before me this Ctl
day of August, 2001, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authodty of the City
Council.
?;JJ (~
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
.
crJA
The foregoing instrument was acknowledged before me this () v iV"'--
day of August, 2001, by Homer H. Tompkins III, as President of Contractor Property
Developers Company.
~1U/JJrL (: fIlfi~b~'
Notmy Public
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
~#4.I_I".._~~I~
.
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756748
l.... !
~ EXHIBIT B
TOWNE LAKES
Lot Areas & Setbacks
Phase 1
I
I
Lot Area Side Yard Setback Rear Setback Front Build To Line Shore land
Lot I Block Sq. Ft. Garage/House Lakeshore Lot Interior Lot Garage**/House Buffer
Lot 1, Block 1 15,618 5/10 59 15/15 42
Lot 2, Block 1 11,079 5/10 57 is/iS 32
Lot 3, Block 1 10,702 5/10 50 is/iS 25
Lot 4, Block 1 11,915 5/10 52 is/iS 27
Lot 5, Block 1 22,301 5/10 65 15/15 39
Lot 6, Block 1 12,424 5/10 63 15/15 40
Lot 1, Block 2 12,530 5/10 63 15/15 38
Lot 2, Block 2 13,531 5/10 63 is/iS 39
Lot 3, Block 2 12,369 5/10 50 15/15 29
Lot 1, Block 3 9,600 5/10 10 / 25 is/iS X
Lot 2, Block 3* 9,000 5/10 10/25 15/15 X
Lot 3, Block 3 15,036 5/10 10 / 25 15/15 X
Lot 4, Block 3 10,087 5/10 10 / 25 15/15 X
. Lot 5, Block 3* 9,036 5/10 10 / 25 is/iS X
Lot 6, Block 3 9,727 5/10 10 / 25 is/iS X
Lot 7, Block 3 9,755 5/10 10 / 25 15/15 X
Lot 1, Block 4* 9,683 5/10 10 / 25 15/15 X
Lot 2, Block 4* 9,268 5/10 10 / 25 15/15 X
Lot 3, Block 4* 9.433 5/10 10 / 25 15/15 X
Lot 4, Block 4 14,066 5/10 10 / 25 is/iS X
Lot 5, Block 4 10,730 5/10 10 / 25 15/15 X
Lot 6, Block 4 11,008 5/10 10 / 25 15/15 X
Lot 1, Block 5 37,075 5/10 50 15/15 33
Lot 2, Block 5 11,357 5/10 53 15/15 27
Lot 3, Block 5 11,200 5/10 50 is/iS 25
Lot 4, Block 5 10,878 5/10 50 is/iS 25
Lot 5. Block 5 10,750 5/10 50 15/15 25
Lot 1, Block 6 11,877 5/10 58 15/15 32
Lot 2, Block 6 13,028 5/10 68 is/iS 41
Lot 3, Block 6 13,100 5/10 69 is/iS 42
Lot 4, Block 6 12,936 5/10 66 15/15 41
Lot 5, Block 6 14,283 5/10 60 15/15 35
. Lot 1, Block 7* 9.399 5/10 10 / 25 is/iS X
CPDC Page 1 8/13/01
756'748
1 \
. EXHIBIT B
TOWNE LAKES
Lot Areas & Setbacks
Phase 1
Lot Area Side Yard Setback Rear Setback Front Build To Line Shoreland
Lot / Block Sq.Ft. Garage/House Lakeshore Lot Interior Lot Garage**/House Buffer
Lot 2, Block 7 10,051 5/10 1 0 / 25 15/15 X
Lot 3, Block 7 10,144 5/10 10 / 25 15/15 X
Lot 4, Block 7 11,508 5/10 10 / 25 15/15 X
Lot 5, Block 7 13,838 5/10 10 / 25 15/15 X
Lot 6, Block 7 10,445 5/10 10 / 25 15/15 X
Lot 7. Block 7 10,936 5/10 1 0 / 25 15/15 X
Lot 1, Block 8* 8,827 5/10 10 / 25 15/15 X
Lot 2, Block 8* 8,750 5/10 1 0 / 25 15/15 X
Lot 3, Block 8* 9,125 5/10 1 0 / 25 15/15 X
Lot 4, Block 8 10,140 5/10 1 0 / 25 15/15 X
Lot 5, Block 8 11,916 5/10 10 / 25 15/15 X
Notes:
Rear setbacks are categorized by either riparian or interior lots. On riparian lots the setbacks
listed reflect the overall average dimension per lot, but in no case is the setback
. less than 50' from the OHWL at any given point. Interior Jots have a 10 foot garage and 25 foot
house rear yard setback.
Buffer dimensions listed are measured from shoreline (OWHL) to a proposed monumentation
line,
*Oenotes lots with up to 40% impervious surface. The remaining lots shall be 30%.
** Except when garage faces side street, then the setback is 20 feet.
X denotes not applicable
.
CPDC
Page 2
8/13/01
756748
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756748
I.
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-.-
EXHIBIT E
..
August 13,2001
PROPOSED CONSERV A nON EASEMENT:
That part of Outlot D, Outlot H, Lot I through Lot 5, inclusive, Block 6, and Lot 1 through Lot 5,
inclusive, Block 5, all contained in TOWNE LAKES, according to the recorded plat thereof, Wright
County, Minnesota lying westerly of the following described line and its southerly extension;
Commencing the most northerly comer of said Lot 5, Block 6, said corner being C01lll1lon with West
Laketowne Drive, as dedicated on said plat of TOWNE LAKES; thence South 52 degrees 24 minutes
48 seconds West, assumed bearing, along the north line of said Lot 5, Block 6, a distance of 110.07
feet to the point of beginning of the line to be descnoed; thence South 33 degrees 22 minutes 46
seconds East, a distance of91.86 feet; thence South 25 degrees 29 minutes 31 seconds East, a
distance of80.49'feet; thence South 18 degrees 49 minutes 47 seconds East, a distance of82.48 feet;
thence South 17 degrees 40 minutes 51 seconds East, a distance of 85.00 feet; thence South 20
degrees 15 minutes 12 seconds East, a distance of 85.09 feet; thence South 21 degrees 16 minutes 05
seconds East, a distance of 41.58 feet; thence South 19 degrees 44 minutes 39 seconds East, a
distance of85.06 feet; thence South 15 degrees 45 minutes 10 seconds East, a distance of 84.35 feet;
thence South 13 degrees 11 minutes 41 seconds East, a distance of 83.24 feet; thence South 01
degrees 19 minutes 06 seconds East, a distance of83.08 feet; thence North 87 degrees 14 minutes 01
seconds East, a distance of 1.80 feet; thence South 04 degrees 29 minutes 38 seconds West, a distance
of269.82 feet; thence South 31 degrees 07 minutes 36 seconds West, a distance of199.41 feet; thence
South 25 degrees 04 minutes 26 seconds West, a distance of 372.19 feet; thence South 15 degrees 54
minutes 54 seconds West, a distance of 95.13 feet; thence South 14 degrees 37 minutes 48 seconds
West, a distance of 118.91 feet to the easterly line of said Outlot D and said line there terminating.
P:\99360\docs\99360conseas2rev.doc
756748
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'J
August 13, 2001
PROPOSED CONSERVATION EASEMENT:
That part of Outlot C, Outlot E, Outlot G, Lot 1 through Lot 6, inclusive, Block 1, and Lot 1 through Lot
3, inclusive, Block 3, all contained in TOWNE LAKES, according to the recorded plat thereof, Wright
County, Minnesota lying easterly, southeasterly and southerly of the following described line and its
southerly extension:
Commencing the northwest comer of said Outlot G; thence South 68 degrees 51 minutes 03 seconds
East, assumed bearing along the northerly line of said Outlot G; a distance of 118.21 feet to the point
of beginning of the line to be described; thence South 19 degrees 34 minutes 32 seconds West, a
distance of 246,22 feet; thence South 40 degrees 21 minutes 52 seconds West, a distance of 59.81
feet; thence South 42 degrees 40 minutes 01 seconds West, a distance of 115.08 feet; thence South 56
degrees 24 minutes 55 seconds West, a distance of90.06 feet; thence South 39 degrees 00 minutes 25
seconds West, a distance of60.86 feet; thence South 14 degrees 13 minutes 21 seconds West, a
distance of 82.49 feet; thence South 01 degrees 56 minutes 37 seconds West, a distance of 135.19
feet; thence South 33 degrees 08 minutes 13 seconds East, a distance of 61.31 feet; thence South 32
degrees 57 minutes 52 seconds West, a distance of71.61 feet; thence South 83 degrees 34 minutes 36
seconds West, a distance of 68.05 feet; thence South 85 degrees 32 minutes 41 seconds West, a
distance of90.02 feet; thence South 84 degrees 09 minutes 22 seconds West, a distance of 85.00 feet;
thence South 84 degrees 42 minutes 50 seconds West, a distance of85.00 feet; thence South 70
degrees 55 minutes 10 seconds West, a distance of144.18 feet; thence South 35 degrees 27 minutes
47 seconds West, a distance of266.74 feet; thence South 51 degrees 47 minutes 36 seconds West, a
distance of 140,17 feet; thence South 45 degrees 14 minutes 33 seconds West, a distance of 221.54
feet; thence South 25 degrees 18 minutes 38 seconds West, a distance of179.73 feet to the westerly
line of said Outlot C and said line there terminating.
P:\99360\docs\99360conseas 1 rev.doc
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EXHIBIT H
Design Guidelines
Architectural Review & Design Guidelines for:
"
1. .'
;..- / :~., ~I._,~ 14----'..------
'-..1 0._-0.\'- OWNE
..~. l::..__:o.IiI.."
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lC~, l~~r AKES
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Albertville's
New Small Town Neighborhood
I .
GENERAL
LOT
PLANNING
GUIDES
Careful siting of each home should seek to fit the topography, blend with significant existing vegeta..
tion, views, open space and other features that define the character of this neighborhood. These guide-
lines will further this goal by establishing criteria aimed at achieving quality levels of landscape archi~
tecture and sensitive site plans. Our goal is beautiful streetscapes and open spaces, interesting and com-
plementary lot amenity features, paving and planting design. Careful consideration must be made for
future additions: decks, fences, and screened porches. Consultation with an experienced landscape
design consultant is recommended at the early stages of home and site planning.
SUMMARY
Design for the
unique aspects
of your home-
site and the
neighborhood.
Refer to spe-
cific tree loca-
tions and ele-
vations and
try to provide
a balance
between home
position, ilfoot
print" and
preservation
of significant
trees.
8/16/00
EXAMPLE
Summer
Peak
Horizon
2. Respect the existing topography and
work with it. Adapt it with natural forms
and retaining that continues the lines of the
home.
3. ARC may require maintenance of sight
lines of other homes to natural or built
amenities.
2. Preserve undergrowth in protected forest
areas. Pathways are appropriate,
3. For Concept ARC Review Plan submittal,
show the location, size species, and elevation
of existing trees greater than 8 inches in
diameter and oaks, hickory and sugar maple
greater than 2 inches in diameter within the
proposed area to be disturbed and within 20
feet thereof.
Page 1
756748
.
,
i.
I
.
, ~
SUMMARY
Position
garages to
reduce their
visual impact
on the street.
Cause the
active, visually
interesting fea-
tures of tlie
house to be
prominent on
the streetscape.
For every four
fully recessed
garages, one
front loaded
garage is
allowed (but
not encour-
aged) provid-
ed that certain
criteria are
met:
EXAMPLE
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C. LOT-HOME POSITION GUIDE
1. Respond to ARC garage and home posi-
tion from ARC-provided Lot Planning
Guide.
2. On vertical curb streets, utilize existing
curb cut or pay for new curbcut location
and street restoration! repair,
3. Homes should be positioned with in
respect to existing homes and in anticipa-
tion of siting of future homes. (See: The
A.R.c. Lot/Home Location Guide.)
D. HOUSE-DOMINANT HOME DESIGNS
1. Design homes with "tamed garages",
emphasizing a home's elevations, to build-
ing massing and architectural detailing,
including a recognizable style, or dominant
or tasteful blend.
E. TOWNE LAKES'S REDUCED SET-
BACKS
1. 20' setback from property line (15'
from back of most sidewalks)
allows/motivates use of deeper floor
plans (see City requirements),
1. With reduced lot widths and budget con-
scious home design, house-dominant
designs require creative two and three car
garage positioning to screen, diminish
impact from road, while emphasizing home
entry and approach.
2. Provide not less than two car or more
than four spaces without ARC approval.
3. Garage positioning that emphasizes
house and minimizes garage can include:
. 3 car L-shaped garages with tandem
spaces, turned garages at side streets, side
load garages and limited use courtyard of
garages (where lot width permits).
4. On lookout or walkout lots, emphasize
oversized garages (with two 1 car doors or
one 2 car door) to provide greater design
freedom yet meet homeowner's need for
greater storage.
Page 2
7561748
SUMMARY
.
.
.
EXAMPLE
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Straight-in
garage w/min.
35' setback: 3
car Tandem.
Front loaded,
rear garage.
Home
wltumed
courtyard
garage 25'
setback.
DETAIL
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Corner home w/garage @ side street. TAM-
ING
THE
GARAGE:
continued
,.
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Side loaded garage.
756748
Page 3
.
.
I
.
,S MMARY
Special uses
will be
approved by
Administrative
permit through
administrative
design review.
Attached sin.
gle family
dwelling
homes for two
families are
encouraged on
corner lots and
beyond 200' of
each other.
EXAMPLE
DETAIL
G. ACCESSORY DWELLING UNITS
1. 800 s.f. accessory dwelling units are
permitted in many Towne lakes homes.
2. "Flex space" designs for alternate use of
garages/homes could provide space for an
accessory dwelling unit, office, craft space,
etc.
H. TWO~FAMILY HOMES
1. Design structure to look like single fam-
ily home, with garages at either end or
"';56748
Page 4
.
,
i
I
.
.
SUMMARY
EXAMPLE
Front entry walk.
Natural areas.
DETAIL
2. Exterior design & massing, selected
style, detailing to appear as a larger single
family detached home.
I. HARD SURFACES!pAVING
1. DRIVEWAYS
a. Driveway gradient no greater than
15%. preferred drive not greater than
10% to 20' deep apron area at garage no
greater than 4% slope.
b. Driveways to be narrowed in the
front yard area and curb cut locations.
2. FRONT WALKS
a. With or without a side walk, each
home is to have a walk from the front
entry / porch to the back of curb, prefer
ably with steps near the street right-of-
way line/back of sidewalk (except lots
with unusually long drives or steep
topography.
3. PAVED AREA
a. Homes without a front porch must
have a paved surface of at least 100
s.f.. A deciduous overstory or understo-
ry tree, minimum 3" caliper must pro
vide shade for the area. Creative/multi-
use of paved surfaces is encouraged.
,'56'148
Page 5
.
I
.
.
'1
HOME
GENERAL
DESIGN
GUIDES
Provide each individual home its own identity and character. Homes must be aesthetically balanced,
with details consistent with the selected architectural style, and built with quality materials and work-
manship. Homes not demonstrating adequate design variety will not be approved by ARC.
SUMMARY
EXAMPLE
'qp
Trellis/arbor/pergola as garage
camouflage.
DETAIL
A. VISUAL IMPACTS
1. Create attractive off-lot visual impacts.
Be mindful of the home's massing as seen
from surrounding road approaches and
when viewed with other adjacent and sur-
round homes. Avoid unaccented 2 & 3
story facades.
2. Respond to each lot's on and off- site
opportunities to help define the views, the
home's outdoor spaces and guide posi-
tions of home interior spaces
3. Select/ design home floor plans that
establish a friendly relationship with the
street via porches, decks, gradual level
changes and anteways, entry sitting areas,
courtyards, patios, terraces, sheltered
entrys, etc.
4. Price efficiency can come with simpler,
lower room-count, "box-an-box" floor
plans, blended with modern, shared-space
room layouts.
5. "Stage front" appearance will not be
approved. The home's sides and rear
should support the style of the home's
front elevations, with similar trim, detail-
ing & sidings.
6. De-emphasize/ camouflage garages
with setbacks from home front, with
porch extensions, arbors, trellises, wing
walls or retaining walls. Hide garbage &
recycle bins through design.
7. Add steps from garage to home, pro-
vide headroom at garage service door.
Allow space for added risers in garage
and/ or transition rooms within home,
such as laundry/mudroom. Design
should reduce impact of blank area above
garage door(s} (ie.lowered roof line,
trim/ details.)
756748
Page 6
SUMMARY
.
Provide main
floor elevation
that is raised
2 1/2 to 3 feet
above the
street eleva-
tion. 5 to 7 ris-
ers typical.
.
.
EXAMPLE
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DETAIL
B. HOME TO BACK OF CURB
ELEVATION
1. Raise home, with added front steps
to capture an old traditional look par-
ticularly with reduced setbacks... can
turn on-grade homes to look-outs,
look-outs to walkouts.
C. ROOF PITCHES
1. The roof on each home is one of the
most important visual masses on the
house. Roof slopes and overhangs must
be appropriate to the selected individual
style: Research your style, know its con-
ventions.
2. Design and refine wen thought out,
simple and strong roof forms. Increased
roof pitches are generally preferred (except
for some bungalow and prairie styles.)
D. HARDSCAPE
TERRACES/PORCHES/OUTDOOR
LIVING SPACE
1. Outdoor living spaces can provide effec-
tive transition between home, outdoors,
and a place of interaction with neighbors.
These could include patios, decks, gar-
dens, terraces, seating areas. If a porch or
terrace is prepared shown and labeled, it
should be of sufficient size to allow seat-
ing for 2, minimum. Sheltered entries
(without seating areas are acceptable) but
then a terrace or other hard surface seating
area at the front of the home must be pro-
vided.
756748
Page 7
.
.
.
'I
I
DETAIL
HOME
DESIGN
GUIDES
The design of the homes for Towne Lakes will require a blend of standardized plans and custom adap-
tation to site and home owner needs and likes and Towne Lake's streetscape will grow in character
from the addition of one tasteful home after another. This depends a lot on details.
SUMMARY
EXAMPLE
DETAIL
A. PREFERRED STYLES
· Designs utilizing modern floor plans
within an architectural theme.
. Colonial, · victorian, · federal, ·
farmhouse, . cape cod, · tudor · stick,
. shingle, (early) prairie school · arts
& crafts bungalow.
B. PREFERRED MASSING
. 2 story, . story & 1/2, · ranch, · 2
story with attic dormers.
C. GARAGE TREATMENTS
1. Use two-story/dormer elements over
garages for architectural interest and bonus
space.
2. Garage door accents and detailing
should be used to break up its scale &
designed to echo home style/ detailing,
making it look less dominant, more a con-
tinuation of the structure. Do not use plain
flush steel doors.
3. Where there are garage walls with no
doors, there should be windows that match
other windows & trim/ architectural details
of the home.
4. In area below floor line and above
grade, use stone, cultured rock, siding
extensions, lattice, brick, stucco and
"band" / verge boards.
D. ENTRY PORCH/STOOP
1. Provide a stoop or entry porch (of use-
able size), large enough for plants and seat-
ing. They should be covered by an over-
hang, roof, trellis, portico or detail appro-
priate to home style.
2. Where a smaller sheltered entry is
planned, provide an entry setting such as
veranda, deck or patio suitably sized for a
minimum of two chairs.
756748
Page 8
SUMMARY
EXAMPLE
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DETAIL
E. ROOF MATERIALS
1. Well proportioned overhangs, fascia,
gutter, soffit, frieze, window trim &
details, skirt board & corner treatment,
supportive to selected dominant architec-
tural style.
2. Roof materials may include cedar
shakes, copper, slate, or a minimum of 250
lb. tabbed asphalt, "dimension" shingles.
Small amounts of prefinished standing
seam metal may be acceptable. Colors
should be muted, dark shades with shad-
ow coloring.
3. Valley flashing of copper, prefinished
metal, or interwoven shingles are pre-
ferred.
4. Gutters and downspouts must be inte-
grated to color and style of house.
5. Functional roof vents are encouraged.
Continuous covered ridge vent, shingle-
over type should be used. Avoid/minimize
box vents.
F. ARCHITECTURAL SIDING & TRIM
1. Use materials & Architectural trim con-
sistent with home and selected home style,
2. Use vents, recessed bays & cantilevers
to create interest & shadow lines.
3. Exterior materials of masonry brick,
stone, stucco and natural wood are pre-
ferred. Use great care in selection of "cui
tured stone" products for ARC. Samples
are required.
4. Stained & prestained wood, clad,
cementous materials or composites will be
accepted if sample or manufacturer's cata-
log with trim indicated and color specified
are submitted. b Other vinyl sidings may
be approved by ARC. Wolverine vinyl sid-
ing/ trim system is ARC approved.
Specific colors and treatment must be ARC
approved for each home.
G. MASONRY - BRICK/STONE,
CULTURED STONE.
1. The first masonry on the house should
be the fireplace chase, if visually promi-
nent.
2. Masonry fronts must wrap corners to a
logical stop, but no less than 24".
3. Masonry, if used, apply in locations
most visible.
~(,56748
Page 9
SUMMARY
.
.
.
EXAMPLE
DETAIL
4. Columns must be sized appropriate to
their height and building mass supported.
H. FIREPLACE CHASE/CHIMNEY
1. Should reflect the home's style.
Masonry chimney is preferred.
2. Decorative chimney caps/ screens are
encouraged.
I. DIRECT VENT FIREPLACES
1. Are permitted but boxed out "dog-
house" forms are not allowed.
2. Chimney caps should be detailed flue
top of box type design.
J. DOORS AND WINDOWS
1. The entry door is expected to be a
dominant feature. Sidelights and tran-
soms are encouraged.
2. Use energy-efficient, quality doors &
windows selected to fit the architectural
style.
3. Select window grilles to be in character
with architectural style.
K. WINDOW TRIM
1. Windows must have exterior trim con-
sistent with selected architectural style; all
elevations.
2. Windows and doors may be painted,
natural wood, aluminum, or vinyl clad.
3. Shutters, if used, should be sized to
look as if they could close over entire win-
dow. Do not use with multiple window
groups.
L. DECKS
1. Must be consistent with home
design/ style and should be an extension
of the home.
2. Above ground decks must be support-
ed with 9 1/4" x9 1/4" or equal mass
columns where visible*, designed in char-
acter with the massing of the home.
Minimum of 6"x 6" column where decks
will not be visible* from existing or
future streets or residences. If deck is
more than 2' above grade and visible*,
screening below deck must be provided.
Home materials must extend to deck
detailing.
756748
Page 10
.
.
.
SUMMARY
EXAMPLE
DETAIL
"'visible; from existing or future streets,
homes, parks or openspace.
3. Handrailing design and detailing
should be consistent with the home's cho-
sen style.
4. Cedar, redwood and wood composite
wood construction is encouraged. Painted
or stained depending on home style.
5. Future construction I decks should be
included with the plans for approval, but
indicated as future construction. Where
doors are provided to a deck, a minimum
4' -x6' wide deck must be built.
M. TRASH ENCLOSURE
. Accommodate garbage and recycle bins
through added garage width or depth,
wing-wall extensions, fence enclosure
extensions, retaining walls.
756748
Page 11
.
.
.
'I V.
SUMMARY
DETAIL
SITE
EXAMPLE
DESIGN
GUIDES
DETAIL
A. LOT PREPARATION
1. Lot development plan and landscape
plan must be prepared by competent, experi-
enced landscape designer or landscape
archi teet.
2. Completely fence trees that are to be
saved at a distance of 1.5 feet times the tree
diameter in inches.
B. CORNER LOTS
1. Corner lots will have special review
ensuring that each exposure to the street has
received equal landscaping attention.
C. GRADING
1. Builder's and owner's responsibility to
prevent erosion and assure positive
drainage.
2. Show erosion control plan and schedule
of tasks.
3. Show locations of topsoil stockpiles and
fill soil stockpiles, and proposed silt fences.
4. Avoid abrupt slope intercept between
existing and disturbed soil surfaces, and
encourage rounding which blends into the
natural grade.
5. Create contour and grade changes to
enhance privacy, visual interest and amplify
plant material impact.
6. Sod all swales. Minimum: swales min.
2% swales, minimum drainage slope 6" in
first 10' away from all building sides. 1% on
hard surface.
7. Contour site to protect mutual drainage
issues and existing or potential basements.
8. Design, materials and layout must be
submitted for ARC review.
756748
Page 12
SUMMARY
.
.
.
EXAMPLE
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Decorative paving materials
Regularly spaced 3-4" caliper deciduous
boulevard trees.
Front yard planting must Include foundation
planting as well as overstory trees.
Careful tree & shrub positioning softens &
blends homes to the streetscape.
DETAIL
D. PAVING/FLATWORK
1. Flatwork and steps with decorative
nosings and detail are encouraged at the
front yard as well as the rear yard.
2. Decorative or colored paving is encour-
aged. This includes decorative expansion
joints, break lines, stamped and colored
asphalt ("Street Print" or equa!), stamped
and colored concrete ("Bomanite" or
equal), brick or colored concrete, interlock-
ing pavers.
3. Position retaining walls and slopes to
preserve trees where possible. Select wall
materials and colors to compliment the
home design and material.
E. PLANTING
1. Site planting plan common and must
include a plant list containing scientific
names, sizes and planting conditions
(balled and burlapped, potted, bare root/
container grown/ tree spade, etc.)
2. Regularly spaced 3-4" caliper deciduous
boulevard trees should conform to ARC
guide site plan.
3. Front yard landscapes are to respond to
development planting and A.R.c. recom-
mended planting plan.
4. Front yard planting must include foun-
dation planting as well as both overstory,
deciduous and coniferous trees, understo-
ry trees and shrubs.
F. REQUIRED PLANTING BUDGET:
1. The budget for the Landscape Planting
Plan must equal or exceed 2-3% of the
home's value.
G. REQUIRED LANDSCAPE PLAN
1. A professional landscape plan must be
prepared by a competent landscape
designer or landscape architect.
2. ARC reserves right to require addition-
allandscaping (above the minimum land-
scape budget) on lots where side and rear
house elevations are highly visible to
views from off-lot, and/or where lack of
architectural design or detailing must be
offset! screened with vegetation.
756748
Page 13
'SUMMARY
.
.
.
EXAMPLE
T
I
t. f
"~-
I
I
Select wet-association plants near
water and upland planting for higher
areas.
Traditional fencing materials of brick & Iron.
DETAIL
H. NATURAL AREAS
1. Foundation plantings should be execut-
ed in a manner consistent with each
home's style. (Soften blank walls, shelter
entry walks, hedges for formal design.)
2. Natural areas refer to landscape fea-
tures which function as visual edges to
frame each lot. They help define the out-
door "rooms". In the front yard natural
areas would generally be located close to
the street, possibly adjacent to the lot line
so the same idea could be continued by
the neighboring lot owner. In the back
yard natural areas are encouraged at or
about the rear and/ or adjacent side prop-
erty lines. Natural landscape treatments
should not replace foundation plantings.
Natural areas must be mutually agreed
upon with the ARC and would include:
Examples:
a. Natural forest emergent vegeta-
tion theme:
b. Prairie grasses, wildflowers or
other perennial ground covers.
c. Formal garden theme: Rose
bush garden. Formal perennial garden
d Patch of forest theme: a stand of
young Aspen (this will require 10
to 20 trees, although they could be
as small as 1" caliper.)
1. DECK PLANTING
1. Decks to be shaded by at least one 2
1/2" caliper deciduous shade tree.
J. SOD
1. Minimum sod: front, side and 20' in
rear yard unless it runs into a 3:1 slope.
Slopes must be sodded and staked or
seeded with appropriate grasses, mulch or
other A.R.c. treatment.
K. FENCING
1. All fence designs must be reviewed
and approved by the ARC prior to instal-
lation.
L. SECURITY FENCES
1. Standard chainlink fences are not per-
mitted.
M. DECORATIVE FENCES
1. Front yard fences must be limited in
height, must be approved by A.R.C., and
are strongly encouraged to be traditional.
Design: ie. picket, wrought iron...
2. Vinyl white, tan or grey picket or
756748
Page 14
.
.
.
.'
,-'
'SUMMARY
EXAMPLE
Picket fences with larger posts at ends &
corners.
DETAIL
black, green or cream wrought iron fencing
allowed in rear yards.
3. All fence designs must be reviewed and
approved by the ARC prior to installation.
4. If fences are used, gates and archways
are encouraged as a welcoming entry to
property.
5. Privacy or utility screening must inte-
grate with and compliment the architec-
ture.
6. "Invisible fences" are encouraged should
be used for dog enclosures.
N. RETAINING WALLS
1. Preserve trees & compliment home
design with retaining materials & slopes.
2. Construction details should be provided
for retaining walls greater than 3 feet
exposed height.
3. Retaining walls should not exceed 6' per
wall in height and be constructed of mate-
rials such as stone, veneer or decorative
concrete block (i.e., keystone). Break up
larger elevation drops with stepped multi-
ple walls.
4. Landscape wall,surface materials and
colors shaH be consistent with accent mate-
rials used on home.
O. MAIL/NEWSPAPER BOXES
. Mail and newspaper boxes will be pro-
vided and installed by the Developer.
P. HOUSE NUMBERS
. Front yard house address identification
standards (typeface & number height
requirements) must be met.
Q.LIGHTlNG
1. Exterior light fixtures should be in char-
acter & style of home.
2. Lighting sources should be indirect
where possible, with all lighting in shades
of white (no colored bulbs other than at the
holidays).
3. Spillover of glare must be avoided to
neighboring lots and light sources must be
shielded to prevent glare. Wall washes can
be achieved through an eave or ground
mounted light fixture. Avoid soffit-mount-
ed spot lights. ARC may allow such spots
only in areas not visible to street or from
Page 15
756748
.
.
.
,,: .' iSUMMARY
EXAMPLE
A private space created by pool and terrace.
DETAIL
other lots.
4. Tree uplights should be recessed below
ground, behind shrub masses or down
lights should be positioned within the
trees, out of primary view.
5. Integrate landscape lighting with deck,
arbor, post, bench & trellis elements.
R. DOG RUNS!HOUSES
1. Must be immediately adjacent to the
home and screened appropriately with
design, materials and trim similar to the
primary home.
S. POOLS AND HOT TUBS
1. Design, materials and layout must be
submitted for ARC review done in refer-
ence to the DNR opens pace plan require-
ments.
2. All pools and hot tubs should be fitted
to the landforms, terraces, porches and
decks. Above ground pools will only be
allowed on specified lots so they can not
be seen by the public or are made to
appear as "in ground pools". Review all
easements prior to planning a pool.
3. Associated code-required security
fences, retaining walls, and lighting should
meet requirements described.
T. SPECIAL REQUIREMENTS
1. During construction each homesite will
be kept clean and free of debris. Each
builder will be held responsible for debris
which blows off the site, so police your
site. If the developer must clean up the
appropriate charges will be passed on.
2. Every owner and builder is responsible
to provide erosion control per all applica-
ble regulations.
756748
Page 16
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(Above Space Reserved for Recording Data)
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made in
Dakota County, Minnesota, as of the day of , 2000, by
, a Minnesota corporation (the "Developer"), with
the unanimous consent of the Owners, as named on Exhibit A attached her~tQ, for the purpose of
establishing as a single- family residential housing
community.
WHEREAS, Developer and certain other Owners named on Exhibit A hereto are the owners
of certain real property located in Dakota County, Minnesota, legally described in Exhibit A attached
hereto, and Developer desires to submit said real property and all improvements thereon (collectively
the "Property") to this Declaration, and,
WHEREAS, there is located adjacent to the Property certain real property legally described
in Exhibit B attached hereto (the "Additional Real Estate"), all or a part of which may be added to
the Property, and
WHEREAS, Developer desires to establish on the Property, and any Additional Real Estate
added thereto, a plan for a permanent, single-family residential community to be owned, occupied
and operated for the use, health, safety and welfare of its resident Owners and Occupants, and for
the purpose of preserving the value, the quality and character ofthe Property, and
WHEREAS, the Property is not subject to the Minnesota Common Interest Ownership Act,
Minnesota Statutes Chapter 515B ("MCIOA"), by reason of the exemption contained in
Section 515B.l-l 02( e )(2) thereof, and
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WHEREAS, the Property and the Association are subject to the Master Governing
Documents of Evermoor, and to the jurisdiction of Evermoor Community Association, a master .
association as defined in Section 515B.2-121 of MCrOA, and
WHEREAS, it is intended that the Master Association shall exercisecertain limited powers
on behalf of the Association, as described in the Master Declaration.
THEREFORE, Developer makes this Declaration and submits the Property to this
Declaration as a residential community under the name "
," consisting of the Units referred to in
Section 2, declaring that this Declaration shall constitute covenants to run with the Property, and that
the Property, and all real estate added thereto, shall be owned, used, occupied and conveyed subject
to the covenants, restrictions, easements, charges and liens set forth herein and in the Master
Declaration, all of which shall run with the land and be binding upon all Persons owning or acquiring
any right, title or interest therein, and their heirs, personal representatives, successors and assigns.
SECTION 1
DEFINITIONS
The following words when used in the Governing Documents shall have the following
meanings (unless the context indicates otherwise):
1.1 "Act" means the Minnesota Nonprofit Corporation Act, Minnesota Statutes Chapter .
317 A, as amended.
1.2 "Additional Real Estate" means the real property legally described in Exhibit B
attached hereto, including all improvements located thereon now or in the future, and all easements
and rights appurtenant thereto, which property Developer may add to the Property.
1.3 "Architectural Review Committee" or "A.R.C. " means that permanent committee of
the Master Association, created for the purpose of establishing and enforcing criteria for the
construction and modification of improvements on the Property, as provided in the Master
Declaration.
1.4 "Assessment" means an Assessment levied by the Association pursuant to the
Governing Documents.
1.5 "Association" means
Homeowners Association, a Minnesota nonprofit corporation created pursuant to Minnesota Statutes
Chapter 317 A, whose members consist of all Owners.
1.6
Bylaws.
"Board" means the Board of Directors of the Association as provided for in the
1,7 "Bylaws" means the Bylaws governing the operation of the Association, as amended
from time to time.
.
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1.8 "Common Elements" means any parts ofthe Property except the Units, including all
Improvements thereon, owned by the Association for the common benefit of the Owners and
Occupants. As of the date of this Declaration there are no Common Elements, but Common
Elements may be added pursuant to Section 3 of this Declaration.
1.9 "Common Expenses" means all expenditures made or liabilities incurred by or on
behalf of the Association and incident to its operation, including Assessments and items otherwise
identified as Common Expenses in the Declaration or Bylaws.
1,10 "Developer Control Period" means the time period during which Developer has the
exclusive right to appoint the members of the Board, as provided in Section 15 ofthis Declaration.
1.11 "Developer Rights" means those exclusive rights reserved to Developer as described
in Section IS.
1.12 "Development Area" means all real estate subject to development by the Master
Developer as part ofEvermoor, as described in the Master Declaration.
1, 13 "Dwelling" means a building consisting of one or more floors, designed and intended
for occupancy as a detached, single family residence, and located within the boundaries of a Unit.
The Dwelling includes any garage attached thereto or otherwise included within the boundaries of
the Unit in which the Dwelling is located.
1.14 "Governing Documents" means this Declaration, and the Articles ofIncorporation
and Bylaws of the Association, as amended from time to time, all of which shall govern the use and
operation of the Property.
1.15 "Improvement" means any physical improvement of any kind, including without
limitation any building, wall, fence, sign, enclosure, screening, utilities system, communications
system, irrigation or drainage system, pond, roadway, trail, planting, landscaping, or any other type
of structure or physical improvement, and any additions or changes thereto, located on the Property.
1.16 "Master Association" means Evermoor Community Association, a nonprofit
corporation created pursuant to Minnesota Statutes Chapter 317 A and Section 515B.2-121 of
MCIOA, and its successors and assigns. The Master Association is a "master association" as defined
in MCIOA.
1.17 "Master Board" means the board of directors ofthe Master Association, which is the
governing body of the Master Association.
1,18 "Master Declaration" means the Master Declaration ofEvermoor, which is recorded
in the office of the Dakota County Recorder as Document No. , as amended and/or
supplemented from time to time.
1.19 "Master Developer" means the Master Developer as defined In the Master
Declaration, and its successors and assigns.
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1.20 "Master Developer Control Period" means and refer to the Master Developer Control
Period described in the Master Declaration. .
1.21 "Master Developer Rights" means the exclusive rights reserved to the Master
Developer to control the Master Association and complete the development of the Development
Area, as described in the Master Declaration.
1.22 "Master Governing Documents" means the Master Declaration, and the Articles of
Incorporation and Bylaws of the Master Association, as amended from time to time, all of which
shall govern the use and operation of the Property.
1.23 "Master Rules" means the Rules of the Master Association, as approved from time
to time by the Master Board.
1.24 "MCIOA" means the Minnesota Common Interest Ownership Act, Minnesota
Statutes Chapter 515B, as amended.
1.25 "Member" means all persons who are members ofthe Association by virtue of being
Owners. The words "Owner" and "Member" may be used interchangeably in the Governing
Documents.
1.26 "Occupant" means any person or persons, other than an Owner, in possession of or
residing in a Unit.
1.27 "Owner" means a Person who owns a Unit, but excluding contract for deed vendors,
mortgagees and other parties holding a security interest in a Unit, and Persons holding a remainder
interest in a life estate. The term "Owner" includes, without limitation, contract for deed vendees
and holders of life estates.
.
1.28 "Person" means a natural individual, corporation, limited liability company,
partnership, limited liability partnership, trustee, or other legal entity capable of holding title to real
property.
1.29 "Plat" means the recorded plat or part thereof depicting the Property pursuant to the
requirements of Minnesota Statutes Chapter 505,508 or 508A, as applicable, including any amended
Plat or replat recorded from time to time.
1.30 "Property" means all of the real property now or hereafter subjected to this
Declaration, including the Dwellings and all other structures and improvements located thereon now
or in the future. The Property is legally described in Exhibit A attached hereto.
1.31 "Rules" means the Rules of the Association as approved from time to time pursuant
to Section 5.
1.32 "Units" means any platted lot subject to this Declaration upon which a Dwelling is
located or intended to be located, as described in Section 2.1 and shown on the Plat, including all
improvements thereon, but excluding Common Elements (if any).
.
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Terms defined in the Master Declaration, and not in this Section, shall have the meaning set forth
in the Master Declaration.
SECTION 2
DESCRIPTION OF UNITS AND RELATED EASEMENTS
2,1 Units. There are Units, subject to the right ofthe Developer to add
additional Units pursuant to Section 18. All Units are restricted to residential use. Each Unit
constitutes a separate parcel of real estate. No additional Units may be created by the subdivision
or conversion of Units pursuant to Section 515B.2-112 of MCrOA, The Unit identifiers and
locations of the Units are as shown on the Plat, which is incorporated herein by reference, and a
schedule of Units is set forth on Exhibit A attached hereto. The Unit identifier for a Unit is its lot
and block numbers and the subdivision name.
2,2 Unit Boundaries. The front, rear and side boundaries of each Unit are the boundary
lines of the platted lot upon which the Dwelling is located or intended to be located as shown on the
Plat. The Units have no upper or lower boundaries. All spaces, walls, and other Improvements
within the boundaries of a Unit are a part of the Unit.
2.3 Access Easements. Each Unit is the beneficiary of a nonexclusive easement for
access to a public street or highway on or across those portions ofthe Master Common Elements or
Common Elements (if any) designated for use as streets or trails, as shown on the Plat or otherwise
designated by the M~ster Association or the Association, subject to any restrictions imposed
pursuant to the Master Governing Documents or Governing Documents.
2.4 Use and Enioyment Easements. Each Unit is the beneficiary of a nonexclusive
easement for use and enjoyment on and across the Master Common Elements or Common Elements
(if any), subject to any restrictions authorized or imposed pursuant to the Master Governing
Documents or Governing Documents.
2.5 Utility and Maintenance Easements. Each Unit is subject to and is the beneficiary
of nonexclusive easements for all services and utilities serving the Units, the Common Elements or
the Master Common Elements, and for maintenance, repair and replacement as described in
Section 13.
2.6 Encroachment Easements. Each Unit is subject to and is the beneficiary of a
nonexclusive easement for encroachments as described in Section 13.
2.7 Trail Easements. Certain ofthe Units may be subject to trail easements as described
in the Master Declaration or in other recorded easement instruments,
2.8 Developer and Master Developer's Easements. Developer shall have and be the
beneficiary of exclusive easements for the exercise of its Developer Rights, and the Master
Developer shall have easements as described in the Master Governing Documents.
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2,9 Other Easements. The Property is subject to such other easements as maybe recorded
against it or otherwise shown on the Plat. .
2.10 Easements are Appurtenant. All easements and similar rights burdening or benefiting
a Unit or any other part ofthe Property shall run with the land, and shall be permanent, subject only
to tennination in accordance with MCrOA or the terms of the easement. Any recorded easement
benefiting or burdening the Property shall be construed in a manner consistent with, and not in
conflict with, the easements created by this Declaration or the Master Declaration,
2.11 Impairment Prohibited. No person shall materially restrict or impair any easement
benefiting or burdening the Property, subject to the Declaration and the right of the Master
Association to establish and enforce reasonable Rules governing the use of the Property.
2.12 Benefit of Easements. All easements benefitting a Unit shall benefit the Owners and
Occupants of the Unit, and their families and guests. However, an Owner who has delegated the
right to occupy the Unit to an Occupant or Occupants, whether by a lease or otherwise, does not have
the use and other easements rights in the Property during such delegated occupancy, except as a
guest of an Owner or Occupant or in connection with the inspection of the Unit or recovery of
possession of the Unit from the Occupant pursuant to law.
SECTION 3
COMMON ELEMENTS AND OTHER PROPERTY
3.1 Common Elements. Common Elements (if any) annexed to the Property and their
characteristics are as follows:
.
3.1.1 Any Additional Real Estate annexed by Developer pursuant to Section 16 or
otherwise annexed pursuant to Section 3.2, and not designated as a Unit, constitutes
Common Elements. Any Common Elements are owned for the benefit of the Owners and
Occupants.
3.1.2 Any Common Elements are subject to (i) easements as described in this
Declaration and the Master Governing Documents and (ii) the right of the Association to
establish reasonable Rules governing the use ofthe Property.
3.1.3 Except as otherwise expressly provided in the Governing Documents or the
Master Governing Documents, or as agreed in writing between the Association and the
Master Association, all maintenance, repair, replacement, management and operation of any
Common Elements shall be the responsibility of the Association.
3.1.4 Common Expenses for the maintenance, repair, replacement, management and
operation of the Common Elements shall be assessed and collected from the Owners in
accordance with Section 6.
.
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3,2 Annexation of Real Property. The Developer shall have the exclusive right to annex
Additional Real Estate to the Property pursuant to Section 16. Other real property may also be
annexed to the Property as Units or Common Elements, or any combination thereof, and subjected
to this Declaration, with the approval of (i) Owners (other than Developer) of Units to which are
allocated at least sixty-seven percent of the votes in the Association, (ii) Developer so long as
Developer owns any unsold Unit for sale or has the right to add Additional Real Estate, (iii) the
Master Board and (iv) Master Developer, so long as Master Developer owns any unsold Unit for sale
or has the right to add Additional Property. Following the required approvals, the Association shall
be authorized to take all actions necessary to complete the annexation, including without limitation
the execution and recording of an amendment to this Declaration reflecting the annexation.
3,3 Dedication and Deannexation of Property. The Association has the power to dedicate
or convey reasonable portions ofthe Property owned by it to any governmental or private Person for
private or public purposes, subject to the written consent of the Developer so long as Developer
owns an unsold Unit for sale or has the right to add Additional Real Estate. The portion of the
Property which is deannexed shall be automatically released from this Declaration, effective upon
such dedication or conveyance, unless otherwise agreed by Developer, Master Developer, and any
governmental entity in question in the recorded instrument of conveyance.
SECTION 4
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS
.
Membershipjn the Association, and the allocation to each Unit of a portion of the votes in
the Association and a portion of the Common Expenses ofthe Association, shall be governed by the
following provisions:
4.1 Membership. Each Owner is a member of the Association by reason of Unit
ownership, and the membership is automatically transferred with the conveyance ofthe Owner's title
to the Unit. An Owner's membership terminates when the Owner's Unit ownership terminates.
When more than one Person is an Owner of a Unit, all such Persons are members ofthe Association,
but multiple ownership of a Unit does not increase the voting rights allocated to the Unit nor
authorize the division of the voting rights.
4.2 Voting and Common Expenses. Each Unit is assigned one vote. Common Expense
obligations are allocated equally among the Units, subject to the qualifications set forth in Section 6.
Such rights and obligations are reallocated on the same basis as other Units are annexed to the
Property,
.
4,3 Appurtenant Rights and Obligations, The ownership of a Unit includes the voting
rights and Common Expense obligations described in Section 4,2. Said rights and obligations, and
the title to the Units, cannot be separated or conveyed separately, and any conveyance, encumbrance,
judicial sale or other transfer of any allocated interest in a Unit, separate from the title to the Unit
is void. The allocation of the rights and obligations described in this Section may not be changed,
except in accordance with the Governing Documents, the Master Governing Documents and
MCIOA,
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4.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on
behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at .
meetings of the Association. However, if there are multiple Owners of a Unit, only the Owner or
other Person designated pursuant to the provisions ofthe Bylaws may cast such vote. The voting
rights of Owners are more fully described in Section 3 of the Bylaws.
4.5 Membership in Master Association. The Association is a member of the Master
Association, as described in the Master Governing Documents. Membership in the Master
Association is governed by the following qualifications:
4.5.1 The Association has one membership in the Master Association, subject to
the qualifications set forth in this Section 4.5. The Association's membership terminates
when the Association is no longer subject to the Master Governing Documents.
4.5.2 The Property and any real property annexed thereto pursuant to Section 3.2
or Section 18 constitutes all or part of a Neighborhood.
4.5.3 Rights with respect to the Association's membership in the Master
Association are exercised by the Board, and the members ofthe Master Board appointed by
the Board, on behalfofthe Owners. Representation on the Master Board is provided for in
the Bylaws and the Master Governing Documents.
4.5.4 Except as expressly provided in the Master Declaration, the Association's
membership in the Master Association is appurtenant to and may not be separated from. the .
Association, and is automatically transferred to any successor entity.
4.5.5 No Person holding a security interest in any part ofthe Property is a member
of the Master Association solely by reason of such interest.
4.6 Representation on Master Board. The Association shall be represented on the Master
Board as provided in the Bylaws and the Master Governing Documents.
SECTION 5
ADMINISTRATION
The administration and operation of the Association and the Property, including but not
limited to the acts required of the Association, shall be governed by the following provisions:
5.1 General. The operation and administration ofthe Association and the Property are
governed by the Master Governing Documents, the Master Rules, the Governing Documents, the
Rules and MCrOA. Subject to Section 5.2, the Association is responsible for the operation,
management and control ofthe Property. The Association has all powers described in the Governing
Documents, MCrOA and the Minnesota Nonprofit Corporation Act. All powers exercisable by the
Association are vested in the Board, unless action or approval by the Owners is specifically required
by the Governing Documents or MCrOA. All references to the Association mean the Association .
acting through the Board unless specifically stated to the contrary.
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5.2 Powers of Master Association. All powers of the Association are delegated to and
shall be exercised by the Master Association, unless relinquished to the Association in accordance
with Section 8.1 of the Master Bylaws or reserved to the Association or the Board in Section 6.5 of
the Bylaws.
5.3 Operational Purposes. The Association shall operate and manage the Property for
the purposes of (i) administering and enforcing the Governing Documents, (ii) maintaining, repairing
and replacing those properties and improvements (if any) for which the Association is responsible
pursuant to Section 9 and (iii) preserving the value and architectural character of the Property.
5.4 Binding Effect of Actions. All agreements and determinations made by the
Association in accordance with the Governing Documents and Master Governing Documents shall
be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives,
successors and assigns, and all secured parties.
5.5 Bylaws. The Association shall have Bylaws. The Bylaws govern the operation and
administration of the Association, and are binding on all Owners, Occupants and other Persons
owning or acquiring any interest in the Property,
5.6 Management. The Master Board has authority to select a manager or managing agent
and to delegate the management duties imposed upon the Association's officers and directors by the
Governing Documents and MCrOA. However, such delegation does not relieve the officers and
directors of the ultimate responsibility for the performance of their duties as prescribed by the
. Governing Documents and by law.
5.7 Rules. The Board has authority to approve and implement such reasonable Rules as
deemed necessary from time to time for the purpose of operating and administering the affairs ofthe
Association and regulating the use of the Property. The Rules shall be consistent with the Master
Governing Documents and Master Rules. The inclusion in other parts of the Governing Documents
of authority to approve Rules is in furtherance, and not in limitation, of the authority granted by this
Section. New or amended Rules are effective only after reasonable notice thereof has been given
to the Owners.
5.8 Association Assets; Surplus Funds. All funds and real or personal property acquired
by the Association shall be held and used for the benefit ofthe Owners for the purposes stated in the
Governing Documents. Surplus funds remaining after payment of or provision for Common
Expenses and reserves shall be credited against future assessments or added to reserves, as
determined by the Board.
SECTION 6
ASSESSMENTS
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6.1 General. Assessments shall be assessed and levied against the Units subject to the
requirements and procedures set forth in this Section 6, the Master Governing Documents and the
Bylaws. Assessments shall include annual Assessments under Section 6.2, and may include special
Assessments under Section 6.3 and limited Assessments under Section 6.4. Annual and special
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Assessments shall be allocated among the Units equally, in accordance with the allocation formula
set forth in Section 4.2; provided, that the Board may allocate a reduced share of an annual or special .
assessment against those Units which are unimproved or unoccupied to reflect reduced services
received from the Association or Master Association. Limited Assessments under Section 6.4 are
allocated to Units as set forth in that Section. Master Assessments shall be levied against the Units
by the Association as a part of the Association's annual Assessments, or as a special Assessment,
as applicable.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cover all of the
anticipated Common Expenses of the Association, and the Association's share of Master
Assessments for that year, which are to be shared equally by all Units in accordance with the
allocation set forth in Section 4.2. Annual Assessments shall be payable in equal monthly, quarterly
or annual installments, as directed by the Board.
6.3 Special Assessments. In addition to annual Assessments, and subject to the
limitations set forth hereafter, the Board may levy in any Assessment year a special Assessment
against all Units equally in accordance with the allocation formula set forth in Section 4.2, and for
the purposes described in the Master Declaration and this Declaration. Among other things, special
Assessments shall be used for the purpose of defraying in whole or in part the cost of any unforeseen
and unbudgeted Common Expense. Any Master Special Assessment or Neighborhood Assessment
shall be levied against the Units promptly following the levy by the Master Association.
6.4 Limited Assessments. In addition to annual Assessments and special Assessments, .
the Board may, at its discretion, levy and allocate limited Assessments among only certain Units in
accordance with the following requirements and procedures:
6.4.1 Any Common Expense or portion thereof benefiting fewer than all of the
Units may be assessed exclusively against the Unit or Units benefited.
6.4.2 The costs of insurance may be assessed equally, in proportion to the square
footage, value or actual cost per Unit; the costs of utilities may be assessed in proportion to
usage; and fees for the use of common amenities (if any) may be assessed equally or in
proportion to use.
6.4.3 Reasonable attorneys' fees and other costs incurred by the Association in
connection with (i) the collection of Assessments and (ii) the enforcement ofthe Governing
Documents, the Act and the Rules, against an Owner or Occupant or their guests, may be
assessed against the Owner's Unit.
6.4.4 Late charges, fines and interest may be assessed as provided in Section 13.
6.4.5 Assessments levied to pay ajudgment against the Association may be levied
only against the Units existing at the time the judgment was entered, in proportion to those
Units' Common Expense liabilities.
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6.4.6 If any damage to the Common Elements (if any) or another Unit is caused by
the act or omission of any Owner or Occupant, or their guests, the Association may assess
the costs of repairing the damage exclusively against the Owner's Unit to the extent not
covered by insurance.
6.4.7 If any Assessment or installment of an Assessment becomes more than thirty
days past due, then the Association may, upon ten days written notice to the Owner, declare
the entire amount of the Assessment immediately due and payable in full.
6.4,8 If Common Expense liabilities are reallocated for any purpose, Assessments
and any installment thereof not yet due shall be recalculated in accordance with the
reallocated Common Expense liabilities.
Assessments levied under Sections 6.4.1 through 6.4.6 may, at the Board's discretion, be assessed
as a part of, or in addition to, other Assessments levied under this Section 6.
6.5 Liability of Owners for AssessmentslDeveloper Exemption. Subject to Section 6.5.3,
the obligation of an Owner to pay Assessments is as follows:
6.5.1 The Owner at the time an Assessment is payable with respect to that Owner's
Unit is personally liable for the share of the Common Expenses assessed against such Unit.
Such liability shall be joint and several where there are multiple Owners of the Unit.
6.5.2 The Owner's liability is absolute and unconditional, unless otherwise modified
by law or this Declaration. Except as provided in this Section 6, no Owner is exempt from
liability for payment of Assessments by right of set-off, by waiver of use or enjoyment of
any part of the Property, by absence from or abandonment ofthe Unit, by the waiver of any
other rights, or by reason of any claim against the Master Association, the Association or
their officers, directors or agents, or for their failure to fulfill any duties under the Master
Governing Documents, the Governing Documents or the Act.
6.5.3 The Developer and the Master Developer, and any Units owned by either of
them, are exempt from Assessments and Assessment liens until a certificate of occupancy
(or similar approval) has been issued with respect to a Dwelling located in such Unit by the
municipality in which the Unit is located.
6.6 Assessment Lien. Subject to Section 6.5, the Association has a lien on a Unit for any
Assessment levied against that Unit from the time the Assessment becomes due. If an Assessment
is payable in installments, the full amount of the Assessment is a lien from the time the first
installment thereofbecomes due. Fees, charges, late charges, fines and interest charges imposed by
the Association are liens, and are enforceable as Assessments, under this Section 6. Recording of
the Declaration constitutes record notice and perfection of any lien under this Section 6, and no
further recordation of any notice of or claim for the lien is required. The release ofthe lien shall not
release the Owner from personal liability unless agreed to in writing by the Association.
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6.7 Foreclosure of Lien; Remedies. A lien for Assessments may be foreclosed against
a Unit under the laws of the state of Minnesota (i) by action, or (ii) by advertisement in substantially .
the same manner as a mortgage containing a power of sale. The Association, or its authorized
representati ve, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease,
mortgage and convey any Unit so acquired. The Owner and any other Person claiming an interest
in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association a
power of sale and full authority to accomplish the foreclosure by advertisement. The Association
shall, in addition to its other remedies, have the right to pursue any other remedy at law or in equity
against the Owner who fails to pay any Assessment or charge against the Unit.
6.8 Lien Priority; Foreclosure. A lien under this Section 6 is prior to all other liens and
encumbrances on a Unit except (i) liens and encumbrances recorded before the Declaration, (ii) any
first mortgage on the Unit, and (iii) liens for real estate taxes and other governmental assessments
or charges against the Unit.
6.9 Voluntary Conveyances; Statement of Assessments. In a voluntary conveyance of
a Unit the buyer shall not be personally liable for any unpaid Assessments or other charges made by
the Association against the seller or the seller's Unit prior to the time of conveyance to the buyer,
unless expressly assumed by the buyer. However, the lien of such Assessments shall remain against
the Unit until released or satisfied. Any seller or buyer shall be entitled to a statement, in recordable
form, from the Association setting forth the amount of the unpaid Assessments against the Unit,
including all Assessments payable in the Association's current fiscal year, which statement shall be
binding on the Association, the seller and the buyer.
SECTION 7
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RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and all secured parties, by their acceptance or assertion of an
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any
other restrictions which may be imposed by the Master Governing Documents or the Governing
Documents, the occupancy, use, operation, alienation and conveyance of the Property shall be
subject to the following restrictions:
7. 1 General. The Property shall be owned, conveyed, encumbered, leased, used and
occupied subject to the Governing Documents, as amended from time to time. All covenants,
restrictions and obligations set forth in the Master Governing Documents and the Governing
Documents are in furtherance of a plan for the Property, and shall run with the Property and be a
burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an
interest in the Property, their heirs, personal representatives, successors and assigns.
7.2 Subdivision Prohibited. No Unit nor any part ofthe Common Elements (if any) may
be subdivided or partitioned without the prior written approval of the Master Board, the Owners at
an Association meeting, any governmental authorities having jurisdiction over the Property, and any
secured parties holding first mortgages on any Units affected. The dedication or de-annexation of
a portion of the Property pursuant to Section 3 shall not be deemed a subdivision or partition.
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7.3 Residential Use. Except as provided in Section 7.4, the Units shall be used by
Owners and Occupants and their guests exclusively as private, single family residential Units.
Nothing in this Section 7 shall be deemed to restrict the rental of Dwellings; provided, that such
activity shall be conducted in such a manner as to maintain the character of the Property, and shall
not unreasonably interfere with the use and enjoyment of the Property by other Owners and
Occupants and their invitees.
7.4 Business Use Restricted, No business, trade, occupation or profession of any kind,
whether carried on for profit or otherwise, shall be conducted, maintained or permitted on any Unit
or the Common Elements (if any) except:
7.4.1 An Owner or Occupant may maintain a home occupation in the Owner's
Dwelling and handle matters relating to such home occupation by telecommunications or
correspondence therefrom, but only if the use (i) is incidental to the residential use of the
Unit, (ii) does not involve physical alteration of the Unit visible from the exterior ofthe Unit,
(iii) does not involve any observable business activity such as signs, advertising displays,
frequent deliveries, or use ofthe Unit by customers or employees, and (iv) complies with any
additional requirements contained in the Rules and the Governing Documents, or in any
govemmentallaws, codes, rules, statutes or ordinances.
7.4.2 The Association may maintain offices on the Property for management and
related purposes.
7.4.3 Developer or Master Developer, or a builder authorized by one ofthem, may
maintain offices, sales facilities, model homes and other business facilities on the Property
in connection with the exercise of its construction or sales activities.
7.5 Delegation of Use. An Owner may delegate, in accordance with the Master
Governing Documents and the Governing Documents, the Owner's right of use and enjoyment of
the Unit to persons living in the Unit pursuant to a legal right of possession; provided, that such
persons shall be subject to the Master Governing Documents, the Governing Documents and the
Rules.
7.6 Vehicles. Trailers. Watercraft and Other Personal Property. The outside storage,
parking, repair or restoration of passenger vehicles, trucks, trailers, motor homes, watercraft,
snowmobiles, recreational vehicles and other personal property is subject to regulation by the Master
Board through the Master Rules. Notwithstanding the foregoing, no commercial vehicle, trailer or
equipment shall be parked, stored or kept outside any Dwelling, except for temporary parking by
construction vehicles or delivery vehicles.
7.7 Traffic Regulations. All vehicular traffic on the Property shall be subject to federal,
state and local laws and regulations. All vehicles operated on the Property shall be operated in a
careful, prudent, and safe manner; and with due consideration for the rights of all Owners and
Occupants.
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7.8 Pets. Only dogs, cats, small birds and fish, and other animals generally recognized
as domestic household pets (collectively referred to as "pets") may be kept on the Property, subject .
to the conditions set forth in this Section.
7.8.1 Rules may be adopted by the Association to regulate pets on the Property.
7.8.2 Pets shall be kept solely as domestic household pets and/or as statutorily
authorized "service animals" used by handicapped persons, and not for any other purpose.
No animal of any kind shall be raised or bred, or kept for business or commercial purposes
by any Person upon any part of the Property.
7.8.3 No pet shall be allowed to make an unreasonable amount of noise, nor to
become a nuisance or a threat to the safety of others.
7.8.4 Pets may be housed only within the Dwellings. No structure, fence or
enclosure for the care, housing or confinement of any pet shall be constructed or maintained
on any part of the Property, except as approved pursuant to Section 8.
7.8.5 Pets shall be under control at all times when outside the Dwelling.
7.8.6 An Owner shall be liable to the Association for the cost of repair of any
damage to the Property, or the expenses associated with any personal injury. caused by
animals kept within that Owner's Unit.
7.9 Ouiet Enioyment Interference Prohibited. All Owners and Occupants and their
guests have a right of quiet enjoyment in their respective Units. The Property shall be occupied and
used in such a manner as will not cause a nuisance, nor unduly restrict, or interfere with the use and
quiet enjoyment of the Property by other Owners and Occupants and their invitees.
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7.10 Compliance with Law. The Property shall be used in compliance with municipal
codes or ordinances, and state and federal laws. No Person shall cause waste to the Property, cause
a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health
or safety risk, or expense, for the Master Association, the Association, or any Owner or Occupant.
7.11 Improvements. Except for those made by Developer or authorized builders in
connection with the sale of a Unit or construction ofthe first Dwelling thereon, no Improvement may
be made, or caused or allowed to be made, in any part of the Common Elements (if any), or in any
part of a Unit which is visible from the exterior of the Unit, without approval pursuant to Section 8.
7.12 Ponds. Wetlands and Trees. Ponds, marshes, wetland areas, vegetation and trees,
whether located on a Unit or on Common Elements (if any), and whether natural or otherwise, shall
be maintained in substantially the same condition as originally established, subject only to (i)
changes authorized by the Master Association consistent with all statutes, requirements, rules and
regulations imposed on such areas and items by governmental authorities having jurisdiction over
the Property and (ii) the prior approval of any governmental authorities, if required. No cutting,
mowing, trimming, draining, dredging or other alteration of such areas and items shall be permitted, .
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except as authorized by this Section 7.12, it being the intention that such areas and items remain and
be maintained in a substantially natural condition, and subject to natural changes.
7.13 Time Share Ownership. No Unit may be sold under or subjected to any time-sharing,
time-interval or similar right-to-use programs, unless approved in writing by (i) the Board and (ii)
the Master Board.
7.14 Access to Units. In case of emergency, all Units are subject to entry, without notice
and at any time, by an officer or member ofthe Board, by the management agent of the Association,
or by any public safety personnel. Reasonable access is also authorized for maintenance pwposes
under Sections 9 and 12 and for enforcement pwposes under Section 13.
SECTION 8
ARCHITECTURAL STANDARDS
One of the purposes of this Declaration is to ensure that the Units and exteriors of the
Dwellings located thereon be kept architecturally attractive in appearance. Therefore, except as
expressly provided in this Section 8 or Section 8 of the Master Declaration, no Dwelling, addition,
out-building or other structure, enclosure, fence, wall or other visible exterior Improvement to a
Unit, shall be commenced, erected or maintained, unless and until the plans and specifications
showing the type, shape, height, color, materials and location of the Improvement have been
approved in writing by the Architectural Review Committee (" A.R.C. ") established and administered
pursuant to Section 8 ofthe Master Declaration. Applications for approval ofImprovernents shall
be submitted to the A.R.C. in accordance with the procedures established by Section 8 ofthe Master
Declaration. Notwithstanding the foregoing, Master Developer's written consent shall also be
required for Improvements so long as Master Developer owns a Unit for sale, or has the unexpired
right to subject Additional Property to the Master Declaration.
SECTION 9
MAINTENANCE
9.1 Maintenance by Owner. Subject to Section 9.2, all maintenance of a Dwelling, Unit
and all Improvements located within the Unit shall be the sole obligation and expense ofthe Owner
thereof. The Association may require that exterior maintenance required to be performed by the
Owner be done pursuant to reasonable, uniform criteria established by the Association.
9.2 Maintenance by Association. The Association is not obligated to maintain any part
of the Property except Neighborhood entrance signs and monuments and Common Elements (if
any); however, if approved by a majority vote of the Owners, the Association may undertake
maintenance oflandscaping, lawns, walks or driveways located within the Units and not maintained
by the Master Association.
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SECTION 10
INSURANCE
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10.1 Required Coverage, The Association shall obtain and maintain, at a minimum, a
master policy or policies of insurance in accordance with the insurance requirements set forth herein,
issued by a reputable insurance company or companies authorized to do business in the state of
Minnesota, as follows:
10.1.1 Property insurance in broad form covering all risks of physical loss in an
amount equal to one hundred percent of the insurable "replacement cost" ofImprovements
(if any) which the Association is obligated to maintain, less deductibles, exclusi ve of land
and other items normally excluded from coverage. The policy or policies shall also cover
personal property owned by the Association.
10.1.2 Comprehensive public liability insurance covering the Common Elements (if
any), and the use, operation and maintenance of lands or Improvements which the
Association is obligated to maintain against claims for death, bodily injury and property
damage, and such other risks as are customarily covered by such policies for projects similar
in type, location and use to the Property. The policy shall have minimum limits of One
Million Dollars per occurrence. The policy shall, if reasonably available, contain a
"severability of interest" endorsement which shall preclude the insurer from denying the
claim of an Owner or Occupant because of negligent acts of the Association or other Owners
or Occupants. .
10.1.3 Insurance coverage against dishonest acts on the part of directors, officers,
managers, trustees, employees or other persons responsible for handling funds belonging to
or administered by the Association, if deemed to be advisable by the Board or required as
a precondition to the purchase, insuring or financing of a mortgage on a Unit. The insurance
shall name the Association and the Master Association as insureds.
10.1.4 Workers' Compensation insurance as required by law.
10.1.5 Such other insurance as the Board may determine from time to time to be in
the best interests of the Association and the Owners.
10.2 Premiums: Improvements: Deductibles. All insurance premiums shall be assessed
and paid as annual Assessments, and allocated among the Units as determined by the Board
consistent with the Governing Documents. The Association may, in the case of a claim for damage
or personal injury with respect to Improvements (if any) which the Association maintains (i) pay the
deductible amount as a Common Expense, (ii) assess the deductible amount against the Units
affected in any reasonable manner, or (iii) require the Owners of the Units affected to pay the
deductible amount directly.
10.3 Loss Payee: Insurance Trustee. All insurance coverage maintained by the Association
shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a .
qualified insurance trustee selected by it) as trustee for the benefit of the Owners and mortgagees
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which suffer loss. The Association, or any insurance trustee selected by it, shall have exclusive
authority to negotiate, settle and collect upon any claims or losses under any insurance policy
maintained by the Association.
10.4 Required Policy Provisions. All policies of property insurance carried by the
Association shall, if such provisions are reasonably available, provide that:
10.4.1 Each Owner and Unit mortgagee is an insured Person under the policy with
respect to liability arising out of the Owner's interest or membership in the Association.
10.4.2 The insurer waives its right to subrogation under the policy against any Owner
or member of the Owner's household and against the Master Association and the Association
and members of the Master Board and the Board.
10.4.3 No act or omission by any Owner or mortgagee of a Unit, unless acting within
the scope of authority on behalf of the Association, shall void the policy or be a condition
to recovery under the policy.
10.4.4 If at the time of a loss under the policy there is other insurance in the name
of an Owner covering the same property covered by the policy, the Association's policy is
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pnmary Insurance.
10.5 Cancellation: Notice of Loss. All policies of property insurance and comprehensive
liability insurance maintained by the Association shall provide that the policies shall not be canceled
or substantially modified, for any reason, without at least thirty days' prior written notice to the
Master Association, and all of the insureds.
10.6 Restoration in Lieu of Cash Settlement. All policies of property insurance maintained
by the Association shall provide that, despite any provisions giving the insurer the right to elect to
restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior
written approval ofthe Association (or any insurance trustee) or (ii) when in conflict with provisions
of any insurance trust agreement to which the Association may be a party, or any requirement oflaw.
10.7 Owner's Personal Insurance. It is the obligation of each Owner to obtain personal
insurance coverage at his or her own expense covering fire and other casualty to the Owner's
Dwelling and other insurable Improvements located within the Owner's Unit, and public liability
insurance covering the Owner's Unit. All insurance policies maintained by Owners shall, if possible,
provide that they are without contribution as against any insurance purchased by the Association.
SECTION 11
RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN
I 1.1 Reconstruction. In the event of a casualty on or to any portion of the Property, the
obligations and procedures for the repair, reconstruction or disposition of the damaged
Improvements shall be governed by the following provisions:.
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11,1.1 All repair and reconstruction of the damaged Improvements shall be .
commenced promptly following the casualty and shall be carried through diligently to
conclusion. The Association shall be responsible for the repair and reconstruction of
Common Element Improvements (if any) and the Owners shall be responsible for the repair
and reconstruction of Improvements to their respective Units.
11.1.2 All repair and reconstruction shall be approved pursuant to Section 8. The
repair and reconstruction shall be in accordance with the requirements of all applicable
zoning, subdivision, building, and other governmental regulations,
11.1,3 Notice of substantial damage or destruction to any portion of the Property
shall be promptly given to the Association by the Owner ofthe damaged Improvements.
11.1.4 Notwithstanding the foregoing, repair and reconstruction of a Dwelling need
not be undertaken ifthe Association, the Owner and the Owner's mortgagee agree in writing
that the damaged improvements need not be repaired and reconstructed. If such an
agreement is made, the ruins and debris of any damaged Improvements shall promptly be
cleared away and the damaged portion of the Property shall be left in an orderly, safe and
sightly condition.
11.2 Condemnation and Eminent Domain. In the event of a taking of any part of the
Common Elements (if any) by condemnation or eminent domain, the Association shall have
authority to act on behalf ofthe Owners in all proceedings, negotiations and settlement of claims..
All proceeds shall be payable to the Association to hold and distribute for the benefit ofthe Owners
and their mortgagees, as their interests may appear. With respect to the taking of all or part of a
Unit, the Owner of the Unit shall negotiate and settle all claims, subject to the rights of any
mortgagee of the Unit.
SECTION 12
EASEMENTS
Each Unit and the Common Elements (if any), and the rights of the Owners and Occupants
therein, shall be subject to (i) the appurtenant easements and rights granted and reserved in the
Master Declaration and (ii) the appurtenant easements and rights granted and reserved in this
Section 12.
12.1 Easement for Encroachments. If there is a minor encroachment by a Dwelling, or
other Improvement onto another Unit or the Common Elements (if any) as a result of the
construction, reconstruction, repair, shifting, settlement or movement of any part ofthe Property, an
appurtenant easement for the encroachment, for the use, enjoyment and habitation of the encroaching
Dwelling or other Improvement, and for the maintenance thereof, shall exist; provided, that with
respect to Improvements added pursuant to Section 8, no easement shall exist unless the same have
been approved, and the proposed Improvements constructed, as required by this Declaration. Such
easements shall continue for as long as the encroachment exists and shall not affect the marketability
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12,2 Easement for Maintenance. Repair. Replacement and Reconstruction. Each Unit, and
the rights ofthe Owners and Occupants thereof, are subject to the rights ofthe Association and the
Master Association to an exclusive, appurtenant easement on and over the yard areas of Units for
the purposes of access to and maintenance, repair, replacement and reconstruction of utilities and
other common infrastructure improvements serving more than one Unit, to the extent necessary to
fulfill the Association's or Master Association's obligations.
12,3 Utility Easements. The Property is subject to non-exclusive, appurtenant easements
in favor of all public utility companies and other utility providers for the installation, use,
maintenance, repair and replacement of all utilities, such as natural gas, electricity, cable TV and
other electronic communications, water, sewer, septic systems, wells, and similar services, and
metering and control devices, which exist or are constructed as part of the development of the
Property, or which are referred to in the Plat or otherwise described in this Declaration or any other
duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall also
be subject to a non-exclusive, appurtenant easement in favor of the other Units for all such utilities
and services; provided, that the utilities and services shall be installed, used, maintained and repaired
so as not to interfere with the reasonable use and quiet enjoyment ofthe Units by the Owners and
Occupants, nor affect the structural or architectural integrity of the Units or Dwellings.
12.4 Emergency Access to Units. In case of emergency, all Units are subject to an
easement for access, without notice and at any time, by officers or members of the Board and the
Master Board, by the Association's management agents, or by any public safety personnel.
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12.5 Proiect Sign Easements. Developer or Master Developer, as applicable, shall have
the right to erect and maintain monument signs and related Improvements identifying the
Neighborhood and the Development Area, on Units subject to sign easements, on the Common
Elements (if any), and on adjoining City-owned land if permitted by the City. Those parts of the
Property (if any) on which monument signs or related decorative Improvements are located are
subject to appurtenant, exclusive easements in favor of the Association or Master Association for
the continuing use, maintenance, repair and replacement of said signs and related Improvements.
Any Person exercising the rights granted under said easements shall take reasonable care to avoid
damaging the improvements to the Property and shall repair any damage caused by it.
12.6 Continuation. Scope and Conflict of Easements. Notwithstanding anything in this
Declaration to the contrary, no Owner or Occupant shall be denied reasonable access to his or her
Unit or the right to utility services thereto. The easements set forth in this Section shall supplement
and not limit any easements described elsewhere in this Declaration or the Master Declaration, or
otherwise recorded, and shall include reasonable access to the easement areas through the yard areas
of Units and the Common Elements (if any) for purposes of maintenance, repair, replacement and
reconstruction. In the event of a conflict between the easements and rights provided by this Section
and by the Master Declaration, the Master Declaration shall control.
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SECTION 13
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COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in the
Property, shall be governed by and comply with the provisions of the Act, the Master Governing
Documents, the Governing Documents, the Rules and the Master Rules, and such amendments
thereto as may be made from time to time, and the decisions of the Association and the Master
Association with respect to matters over which each has authority.
13.1 Entitlement to Relief. Legal relief may be sought by the Association against any
Owner, or by an Owner against the Association or another Owner, to enforce compliance with the
Governing Documents, the Rules, the Act or the decisions of the Association. However, no Owner
may withhold any Assessments payable to the Association, nor take or omit other action in violation
of the Governing Documents, the Master Governing Documents, the Rules, the Master Rules or the
Act, as a measure to enforce such Owner's position, or for any other reason. The Master Association
may also exercise the rights and remedies granted or reserved to it by the Master Governing
Documents.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or implied,
administrative or legal, the Association shall have the right, but not the obligation, to implement any
one or more ofthe following actions against Owners and Occupants and/or their guests, who violate
the provisions of the Governing Documents, the Rules or the Act:
13.2.1 Commence legal action for damages or equitable relief in any court of
competent jurisdiction.
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13.2.2 Impose late charges of up to the greater of twenty dollars or fifteen percent
of the amount past due, for each past due Assessment or installment thereof, and impose
interest at the highest rate permitted by law accruing beginning on the first day ofthe first
month after the Assessment or installment was due.
13.2,3 In the event of default of more than thirty days in the payment of any
Assessment or installment thereof, all remaining installments of Assessments assessed
against the Unit owned by the defaulting Owner may be accelerated and shall then be
payable in full if all delinquent Assessments or installments thereof, together with all
attorneys' fees, costs of collection and late charges, are not paid in full prior to the effective
date of the acceleration. Not less than ten days advance written notice of the effective date
of the acceleration shall be given to the defaulting Owner.
13.2.4 Impose reasonable fines, penalties or charges for each violation of the
Governing Documents or the Rules.
13,2,5 Suspend the rights of any Owner to vote when the Assessments due with
respect to the Owner's Unit are past due, and suspend the rights of any Owner or Occupant .
and their guests to use any Common Element amenities (if any); provided, that the
suspension of use rights shall not apply to deck, balcony, porch, patio or easements
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appurtenant to the Unit, and those portions of the Common Elements (if any) providing
utilities service and access to the Unit. Such suspensions shall be limited to periods of
default by such Owners and Occupants in their obligations under the Governing Documents,
and for up to thirty days thereafter, for each violation.
13.2.6 Restore any portions of the Common Elements (if any) damaged or altered,
or allowed to be damaged or altered, by any Owner or Occupant or their guests in violation
of the Governing Documents, and to assess the cost of such restoration against the
responsible Owners and their Units.
13.2.7 Foreclose any lien arising under the provisions of the Governing Documents
or under law, in the manner provided by the Governing Documents.
13.3 Rights to Hearing. Before the imposition of any of the remedies authorized by
Sections 13.2.4 through 13.2.5, the Board shall, upon written request of the offender, grant to the
offender an opportunity for a fair and equitable hearing. The Association shall give to the offender
written notice of the nature of the violation and the right to a hearing, and the offender shall be given
at least ten days within which to request a hearing. The hearing shall be scheduled by the Board and
held within thirty days of receipt ofthe hearing request by the Board, and with at least ten days' prior
written notice to the offender. If the offender fails to timely request a hearing or to appear at the
hearing, then the right to a hearing shall be deemed waived and the Board may take such action as
it deems appropriate. The decision of the Board and the rules for the conduct of hearings established
by the Board shall be final and binding on all parties. The Board's decision shall be delivered in
writing to the offender within ten days following the hearing, if not delivered to the offender at the
hearing.
13.4 Lien for Charges. Penalties. Etc. Any Assessments, charges, fines, expenses,
penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or
Occupant against whom the same are imposed and the personal obligation of such Owner in the
same manner and with the same priority and effect as Assessments under Section 6. The lien shall
attach as of the date of imposition of the remedy, but shall not be final as to violations for which a
hearing is held until the Board makes a written decision at or following the hearing. All remedies
shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a
waiver ofthe Association's right to pursue any others.
13.5 Costs of Proceeding and Attorneys' Fees. With respect to any collection measures,
or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce
the provisions of the Governing Documents or Rules, whether or not finally determined by a court
or arbitrator, the Association may assess the violator and his or her Unit with any expenses incurred
in connection with such enforcement, including without limitation fines or charges previously
imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate allowed by
law) on the delinquent amounts owed to the Association. Such expenses shall also include any
collection or contingency fees or costs charged to the Association by a collection agency or other
Person acting on behalf of the Association in collecting any delinquent amounts owed to the
Association by an Owner or Occupant. Such collection or contingency fees or costs shall be the
personal obligation of such Owner and shall be a lien against such Owner's Unit.
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13.6 Liability for Owners' and Occupants' Acts. An Owner shall be liable for the expense
of any maintenance, repair or replacement of any part of the Property rendered necessary by such
Owner's acts or omissions, or by that of Occupants or guests in the Owner's Unit, to the extent that
such expense is not covered by the proceeds of insurance carried by the Association or such Owner
or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting
from the Owner's acts or omissions may be assessed against the Owner responsible for the condition
and against his or her Unit.
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13.7 Enforcement by Owners. The provisions of this Section shall not limit or impair the
independent rights of other Owners to enforce the provisions ofthe Governing Documents, the Rules
or the Act as provided therein.
SECTION 14
AMENDMENTS
14.1 Approval Requirements. Except for amendments by Developer pursuant to Section
16, this Declaration may be amended only by the approval of:
14.1.1 Owners who have the authority to cast at least sixty-seven percent of the total
votes in the Association.
14.1.2 The Master Board as to any amendment which affects the Association's .
relationship to the Master Association, or any rights or obligations relating to the Master
Association.
14.1.3 Developer and Master Developer as to certain amendments as provided in
Section 15.
14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting of
the Association duly held in accordance with the Bylaws. Other required approvals shall be in
writing. Any amendment shall be subject to any greater requirements imposed by the Master
Governing Documents or the Act. The amendment shall be effective when recorded in the office
of the appropriate recording office in the county is which the Property is located. An affidavit by
the President or Secretary of the Association as to the outcome of the vote, or the execution of the
foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including
without limitation, the recording of the amendment. Owners shall cooperate to make available their
owners duplicate certificates oftitle in connection with the recording ofthe amendment, if necessary.
SECTION 15
DEVELOPER RIGHTS
Developer hereby reserves the exclusive authority to exercise the following rights for as long
as it owns a Unit or has an unexpired right to add Additional Real Estate, or for any shorter period
indicated: .
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15.1 Complete Improvements. To complete all the Dwellings and other Improvements
included in Developer's development plans or allowed by the Declaration or Master Declaration, and
to make Improvements in the Units and Common Elements (if any) to accommodate the exercise
of any Developer rights.
15.2 Sales Facilities. To construct, operate and maintain a sales office, management
office, model Dwellings and other development and sales facilities within the Common Elements
(if any), and within any Units owned by Developer or authorized builders from time to time.
15.3 Signs. To erect and maintain signs and other sales displays offering the Units for sale
or lease, in or on any Unit owned by Developer or authorized builders, and on the Common
Elements (if any).
15.4 Easements. To have and use easements, for itself, its employees, contractors,
builders, representatives, agents and prospective purchasers through and over the Common Elements
(if any) and the yard areas of the Units for the purpose of exercising its rights under this Section.
15.5 Control of Association. To control the operation and administration of the
Association, including without limitation the power to appoint and remove the members of the
Board, until the earliest of: (i) voluntary surrender of control by Developer, (ii) an Association
meeting which shall be held within sixty days after conveyance to Owners other than a Developer
of seventy-five percent of the total number of Units authorized to be included in the Property or
(iii) the date five years following the date of the first conveyance ofa Unit to an Owner other than
. Developer.
15.6 Consent to Certain Amendments. Developer's written consent shall be required for
any amendment to the Governing Documents or Rules which affect Developer's rights or the rights
of authorized builders under the Governing Documents. The consent of Master Developer shall also
be required as to certain matters referred to in the Master Declaration.
15.7 Additional Real Estate. Developer may unilaterally add part or all ofthe Additional
Real Estate to the Property pursuant to Section 16, subject to the consent of any other owner thereof.
Developer may assign or license, in whole or in part, the rights described in Sections 15.1 through
15.7 to other developers or to builders.
SECTION 16
RIGHTS TO ADD ADDITIONAL REAL ESTATE,
RELOCATE BOUNDARIES AND SUBDIVIDE UNITS
16.1 Developer's Rights to Add Additional Real Estate. Developer reserves the exclusive
authority to add the Additional Real Estate to the Property, by executing (together with any other
owner ofthe parcel) and recording an amendment to this Declaration adding such property, subject
to the following conditions:
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16.1.1 The right of Developer to add the Additional Real Estate to the common ..
interest community shall terminate ten years after the date of recording of this Declaration
or upon earlier express written withdrawal of such right by Developer or a successor
Developer, unless extended by a vote of the Owners. There are no other limitations on
Developer's rights hereunder, except as may be imposed by law.
16.1.2 The Additional Real Estate is described in Exhibit B, and may include up to
two hundred thirteen additional Units. The Additional Real Estate may be added to the
Property in parcels consisting of one or more platted lots, or portions thereof.
16.1.3 There are no assurances as to the times at which any part of the Additional
Real Estate will be added to the Property, the order in which it will be added, the number of
parcels per phase nor the size of the parcels. Developer has no obligation to add the
Additional Real Estate to the Property. The Additional Real Estate may be developed by
Developer or its affiliates or successors in interest for other purposes, subject only to
approval by the appropriate governmental authorities.
16.1.4 All Units created on the Additional Real Estate shall be restricted exclusively
to residential use.
16.1.5 The provisions ofthis Declaration affecting the use, occupancy and alienation
of Units shall apply to all Units created on the Additional Real Estate.
16.1.6 An amendment to the Master Declaration subjecting the Additional Real .
Estate to the Master Declaration shall be recorded upon or before the recording of the
amendment to this Declaration adding said Additional Real Estate.
16.2 Rights to Relocate Boundaries and Subdivide Units. Unit boundaries may be
relocated and additional Units may be created by the subdivision of a Unit into two or more Units,
by Developer, subject (i) to approval by the municipality in which the Property is located and (ii) to
the requirements of the Master Declaration.
SECTION 17
MISCELLANEOUS
17.1 Severability. If any term, covenant, or provision of this instrument or any exhibit
attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination
shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this
Declaration or exhibits attached hereto.
17.2 Construction. Where applicable the masculine gender of any word used herein shall
mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall
mean the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to
include any statutes amending or replacing the Act, and the comparable sections thereof.
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17.3 Tender of Claims. In the event that any incident occurs which could reasonably give
rise to a demand by the Association against Developer for indemnification pursuant to the Act, the
Association shall promptly tender the defense of the action to its insurance carrier, and give
Developer written notice of such tender, the specific nature of the action and an opportunity to
defend against the action.
17.4 Notices. Unless specifically provided otherwise in the Master Governing Documents,
the Goveming Documents or the Act, all notices authorized or required to be given under the
Governing Documents shall be in writing and shall be effective upon hand delivery, or mailing if
properly addressed with postage prepaid and deposited in the United States mail; except that
registrations pursuant to Section 2.2 of the By-Laws shall be effective upon receipt by the
. Association.
17.5 Conflicts Among Documents. In the event of any conflict among the provisions of
the Master Governing Documents, the Declaration, the Bylaws or the Rules, the Master Governing
Documents shall control. As among the Declaration, the Bylaws or the Rules, the Declaration shall
control. As between the Bylaws and the Rules, the Bylaws shall control. The Master Rules shall
control as against the Rules with respect to those matters within the authority of the Master
Association.
17.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens and
charges contained in this Declaration shall be perpetual, subject only to termination as provided in
the Declaration or by court order.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year
set forth herein.
By:
Title:
STATE OF MINNESOTA)
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 199____, by , the of
, a Minnesota corporation, on behalf of said entity.
Notary Public
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COMMON INTEREST COMMUNITY NO.
CONSENT OF MORTGAGEE
The undersigned (the "Mortgagee"), is a mortgagee of real property described on Exhibit
A to the Declaration of (the "Declaration") by a
Mortgage recorded in the office of the Dakota County Recorder as Document No.
(the "Mortgage"). Mortgagee hereby consents to this Declaration; provided,
that the Mortgagee does not in any manner constitute itself or obligate itself as a Declarant as
defined in the Declaration, that the consent does not modify or amend the terms and conditions
of the Mortgage and related loan documents, and that the Mortgage shall be and remain a lien on
the property described in Exhibit A, prior to any Assessment liens or other liens imposed under
the Declaration, until released or satisfied.
IN WITNESS WHEREOF, the Mortgagee has caused this Consent to be executed on the
day of , 2000.
By:
Title:
STA TE OF MINNESOTA )
) 55.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2000, by , the
~ ,a
of said entity.
, on behalf
Notary Public
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Prototype
Non-CIC Neighborhood
BYLAWS
HOMEOWNERS ASSOCIATION
SECTION 1
GENERAL
This document constitutes the Bylaws of the
Homeowners Association, a Minnesota nonprofit corporation (the" Association"). The Association
is organized pursuant to Minnesota Statutes Chapter 317 A, the Minnesota Nonprofit Corporation
Act, and Chapter 515B, the Minnesota Common Interest Ownership Act (the "Act"), for the purpose
of operating and managing , a planned community
created pursuant to the Act.
1.1 Master Association/Powers. The Association is a member ofEvermoor Community
Association (the "Master Association") and the Property is subject to the Master Declaration of
Evermoor (the "Master Declaration"). All powers of the Association are delegated to the Master
Association, except those (i) reserved to theAssociation under Section 6.5 of these Bylaws or under
,. the Master Bylaws, or (ii) relinquished by the Master Association under Section 8.1 of the Master
Bylaws.
1.2 Terms and Definitions. The terms used in these Bylaws shall have the meanings
assigned to them in the Declaration of (the
"Declaration") or in the Master Declaration, if not otherwise defined.
SECTION 2
MEMBERSHIP
2.1 Owners Defined. All Persons described as Owners in Section 4 of the Declaration
shall be members of the Association. No Person shall be a member solely by reason of holding a
security interest in a Unit. A Person shall cease to be a member at such time as that Person is no
longer an Owner.
2.2 Registration of Owners and Occupants. Each Owner shall register with the Secretary
ofthe Association, in writing, within thirty days after taking title to a Unit, (i) the name and address
of each Owner of the Unit; (ii) the nature of such Owner's interest or estate in each Unit owned; and
(iii) the address at which the Owner desires to receive notice of any meeting ofthe Owners, if other
than the Unit address. Each Owner shall have a continuing obligation to advise the Association in
writing of any changes in the foregoing information, and shall be obligated to provide the names of
the Occupants of the Unit upon request of the Association.
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2.3 Transfers. The interests, rights and obligations of an Owner in the Association may .
be assigned, pledged, encumbered or transferred, but only along with and as a part of the title to the
Owner's Unit or as otherwise specifically authorized by the Governing Documents, the Master
Governing Documents or by law.
SECTION 3
VOTING
3.1 Entitlement. Votes shall be allocated to each Unit as provided in the Declaration.
However, no vote shall be exercised as to a Unit while the Unit is owned by the Association.
3.2 Authority to Cast Vote. At any meeting of the Owners, an Owner included on the
voting register presented by the Secretary in accordance with Section 4.6, or the holder of such
Owner's proxy, shall be entitled to cast the vote which is allocated to the Unit owned by the Owner.
If there is more than one Owner of a Unit, only one of the Owners may cast the vote. If the Owners
of a Unit fail to agree as to who shall cast the vote, or fail to register pursuant to Section 2.2, the vote
shall not be cast.
3.3 Voting by Proxy. An Owner may cast the vote which is allocated to the Owner's Unit
and be counted as present at any meeting of the Owners by executing a written proxy naming another
Person entitled to act on that Owner's behalf, and delivering the same to the Secretary before the
commencement of anysuch meeting. All proxies granted by an Owner shall be effective un~Lthe . ..
earliest of the following events: (i) revocation by the granting Owner by written notice or by .
perso,!lally attending .and voting at the meeting for which the proxy is effective, (ii) the date specified
in the proxy, if any, or (iii) the time at which the granting Owner is no longer an Owner.
3.4 Voting by Mail Ballot. Any action taken at a meeting of the Association, except the
election or removalqf directors, may be taken by mailed ballots, subject to the following
requirements.
3.4.1 The notice of the vote shall: (i) clearly state the proposed action, (ii) indicate
the number of responses needed to meet the quorum requirements, (iii) state the percentage
of approvals necessary to approve each matter other than election of directors, and (iv)
specify the time by which a ballot must be received by the Association in order to be
counted.
3.4.2 The ballot shall: (i) set forth each proposed action and (ii) provide an
opportunity to vote for or against each proposed action.
3.4.3 The Board shall set the time for the return of ballots, which shall not be less
than fifteen nor more than thirty days after the date of mailing ofthe ballots to the Owners.
The Board shall provide notice of the results ofthe vote to the Owners within ten days after
the expiration of the voting period.
3.4.4 Approval by written ballot under this Section is valid only if(i) the number .
of votes cast by ballot equals or exceeds the quorum required to be present at a meeting
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authorizing the action, and (ii) the number of approval votes equals or exceeds the number
of votes that would be required to approve the matter at a meeting at which the total number
of votes cast was the same as the number of votes cast by ballot.
3.5 Vote Required. A majority of the votes cast at any properly constituted meeting of
the Owners, or cast by mail in accordance with Section 3.4, shall decide all matters properly brought
before the Owners, except where a different vote or voting procedure is required by the Governing
Documents or the Act. The term "majority" as used herein shall mean in excess of fifty percent of
the votes cast at a meeting, in person or by proxy, or voting by mail, in accordance with the
allocation of voting power set forth in the Declaration. Cumulative voting shall not be permitted.
SECTION 4
MEETINGS OF OWNERS
4.1 Place. All meetings of the Owners shall be held at the office of the Association or
at such other place in the state of Minnesota reasonably accessible to the Owners as may be
designated by the Board in any notice of a meeting of the Owners.
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4.2 Annual Meetings. An annual meeting of the Owners shall be held in each fiscal year
on a date, and at a reasonable time and place, designated by the Board. At each annual meeting of
the Owners, (i) the Persons who are to constitute the Board shall be elected pursuant to Section 6,
(ii) a report shall be made to the Owners on the activities and financial condition of the Association,
and (iii) any other matter which is included in the notice of the annual meeting, and is a proper
subject for discussion or decision by the Owners, shall be considered and acted upon at the meeting.
4.3 Special Meetings. A special meeting of the Owners may be called by the President
as a matter of discretion. A special meeting of the Owners must be called by the President or
Secretary within tlllI1y days following receipt of the written request ofa majority of the members
of the Board or of Owners entitled to cast at least twenty-five percent of all votes in the Association.
The meeting shall be held within ninety days following receipt of the request. The request shall state
the purpose of the meeting, and the business transacted at the special meeting shall be confined to
the purposes stated in the notice. The purpose for which the meeting is requested and held must be
lawful and consistent with the Association's purposes and authority under the Governing Documents.
4.4 Notice of Meetings. Not less than twenty-one nor more than thirty days in advance
of any annual meeting of the Owners, and at least seven, but no more than thirty, days in advance
of any special meeting of the Owners, the Secretary shall send, to all persons who are Owners as of
the date of sending the notice, notice of the time, place and agenda ofthe meeting, by United States
mail, or by hand delivery, at the Owner's Unit address or to such other address as the Owner may
have designated in writing to the Secretary. Notice of meetings to vote upon amendments to the
Articles of Incorporation shall also be given separately to each officer and director of the
Association.
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4.5 Ouoruml Adjournment. The presence of Owners, in person or by proxy, who have the
authority to cast in excess of twenty- five percent of all the votes in the Association shall be necessary
to constitute a quorum at all meetings of the Owners for the transaction of any business, except that
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of adjourning the meeting to reconvene at a subsequent time. Any meeting may be adjourned from .
time to time, but until no longer than fifteen days later, without notice other than announcement at
the meeting as initially called. If a quorum is present at the reconvened meeting, any business may
be transacted which might have been transacted at the meeting as initially called had a quorum then
been present. The quorum, having once been established at a meeting or a reconvened meeting, shall
continue to exist for that meeting notwithstanding the departure of any Owner previously in
attendance in person or by proxy. The Association may not be counted in determining a quorum as
to any Unit owned by the Association.
4.6 Voting Register. The Secretary shall have available at the meeting a list of the Unit
numbers, the names of the Owners, the vote attributable to each Unit and the name of the Person (in
the case of multiple Owners) authorized to cast the vote.
4.7 Agenda. The agenda for meetings ofthe Owners shall be established by the Board,
consistent with the Governing Documents, and shall be sent to all Owners along with the notice of
the meeting.
SECTION 5
ANNUAL REPORT
The Board shall prepare an annual report, a copy of which shall be provided to each Owner
at or prior to the annual meeting. The report shall contain, at a minimum:
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5.1 Financial Statements. A statement of revenues and expenses for the Association's last
fiscal year, and a balance sheet as of the end of said fiscal year. Copies of the comparable reports
for the Master Association shall be provided upon request.
5.2 Status of Assessments. A statement of the total past due Assessments on all Units,
current as of not more than sixty days prior to the date of the meeting.
SECTION 6
BOARD OF DIRECTORS
6.1 Number and Oualification. The affairs of the Association shall be governed by a
Board of Directors. The first Board shall consist of the persons designated as directors by the
incorporator of the Association or appointed by Developer to replace them, subject to the rights of
Owners to elect directors as set forth in Section 6.2. Upon the expiration of the terms of the
members of the first Board, the Board shall be composed of five directors, a majority of whom shall
be Owners, or a duly authorized representative of the Owner if the Owner is a Person other than a
natural person.
6.2 Term of Office. The terms of office of the members of the Board shall be as follows:
6.2.1 The terms of all directors appointed by Developer during the Developer .
Control Period shall terminate upon the earliest of (i) voluntary surrender of control by
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Developer, (ii) an Association meeting which shall be held within sixty days after
conveyance to Owners other than the Developer of seventy-five percent of the total number
of Units authorized to be included in the Association, or (iii) the date five years following
the date of the first conveyance of a Unit to an Owner other than the Developer.
6.2.2 The first terms of office of the directors elected by the Owners upon the
termination of the Developer Control Period shall be one year for two of the directors, two
years for two of the directors and three years for one of the directors. Each term of office
thereafter shall be three years and shall expire upon the election of a successor at the
appropriate annual meeting of the Owners; provided, that a director shall continue in office
until a successor is elected. A number of nominees equal to the number of vacancies, and
receiving the greatest numbers of votes, shall be elected, notwithstanding that one or more
of them does not receive a majority of the votes cast. The nominee or nominees receiving
the greatest numbers of votes shall fill the longer terms. A director appointed or elected to
fill an uncompleted term shall serve until the natural termination of that term, unless
removed in accordance with these Bylaws. There shall be no cumulative voting for directors.
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6.3 Nominations. Except for directors appointed by the Developer, nominations for
election to the Board at the annual meetings shall be made by a nominating committee appointed by
the Board, or made from the floor at the meeting. Nominations may be submitted only by Owners
(including nominations submitted by the Board), and may not be made without the prior consent of
the person nominated. The nominating committee shall consist of Owners who are representative
of the general membership of the Association, and shall establish fair and reasonable procedures for
the submission of nominations. .
6.4 Powers. All powers of the Association are delegated to the Master Association except
those (i) reserved to the Association under Section 6.5 of these Bylaws or under the Master Bylaws,
or (ii) relinquished by the Master Association under Section 8.1 of the Master Bylaws. The powers
of the Association include, without limitation, all powers necessary for the administration of the
affairs of the Association, including all powers and authority vested in or delegated to the
Association (and not expressly prohibited or reserved to the Owners) by law or by the Governing
Documents. The powers of the Association are vested in the Board, unless expressly reserved to the
Owners by the Governing Documents or by law. The Association's powers include, without
limitation, the power to:
.
6.4.1 adopt, amend and revoke reasonable Neighborhood Rules consistent with the
Governing Documents and the Master Governing Documents, as follows: (i) regulate the
use of the Common Elements (if any); (ii) regulate the use of the Units, and the conduct of
Owners and Occupants, which may jeopardize the health, safety, or welfare of other Owners
and Occupants, which involves noise or other disturbing activity, or which may damage the
Common Elements (if any) or other Units; (iii) regulate animals; (iv) regulate changes in the
appearance of the Common Elements (ifany) and conduct which may damage the Property,
(v) regulate the exterior appearance of the Property, including, for example, signs and other
displays, regardless of whether inside a Dwelling; (vi) implement the Governing Documents,
and exercise the powers granted by this Section; and (vii) otherwise facilitate the operation
of the Property.
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6.4.2 adopt and amend budgets for revenues, expenditures and reserves, levy and
collect Assessments for Common Expenses, and foreclose Assessment liens incidental to its .
collection efforts.
6.4.3 hire and discharge managing agents and other employees, agents, and
independent contractors.
6.4.4 institute, defend, or intervene in litigation or administrative proceedings (i) in
its own name on behalf of itself or two or more Owners on matters affecting the Common
Elements (if any) or other matters affecting the Property or the Association, or, (ii) with the
consent of the Owners of the affected Units on matters affecting only those Units.
6.4.5 make contracts and incur liabilities.
6.4.6 regulate the use, maintenance, repair, replacement and modification of the
Common Elements (if any) and the Units.
6.4.7 cause improvements to be made as a part of the Common Elements (if any).
6.4.8 acquire, hold, encumber, and convey in its own name any right, title, or
interest to real estate or personal property.
6.4.9 grant easements as follows: (i) public utility and cable communications
easements through, over or under the Common Elements (if any) may be granted by the .
Board, subject to any restrictions contained in the Master Governing Documents; and
(ii) other public or private easements, leases and licenses through, over or under the Common
Elements (if any) may be granted only by approval of the Board, and by the Owners (other
than Developer) voting at an Association meeting, unless such easement is expressly
authorized by the Declaration or another previously recorded instrument, subject to any
restrictions contained in the Master Governing Documents.
6.4.10 impose and receive any payments, fees, or charges for services provided to
Owners.
6.4.11 impose charges for late payment of Assessments and, after notice and an
opportunity to be heard, levy reasonable fines for violations of the Governing Documents
and the Neighborhood Rules.
6.4.12 borrow money, and encumber or pledge the assets of the Association as
security therefor; provided that any borrowings in any twelve month period which exceed,
in aggregate, ten percent of the Association's current annual budget, shall require approval
by the Owners voting at an Association meeting.
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6.4.13 impose reasonable charges for the review, preparation and recording of
amendments to the Declaration or Bylaws, statements of unpaid assessments, documents for
subsequent buyers of Units or furnishing copies of Association records.
6.4.14 provide for the indemnification of its officers, directors and committee
members, and maintain directors' and officers' liability insurance.
6.4.15 provide for reasonable procedures governing the conduct 0 f meetings and the
election of directors.
6.4.16 appoint, regulate and dissolve committees.
6.4.17 elect certain members ofthe Master Board, as described in Section 6.5 ofthese
Bylaws.
6.4.18 exercise any other powers conferred by law or the Governing Documents, or
which are necessary and proper for the governance of the Association.
6.5 Election to Master Board/Reserved Powers of Board. The Board shall elect, from
among its members, a number of Master Board directors specified by the Master Bylaws, all in
accordance with the procedures and requirements set forth in the Master Governing Documents.
Notwithstanding the delegation of the powers of the Association to the Master Association as
described in Section 8.1, the Board shall be empowered and obligated to act as follows:
6.5.1 . The Board shall, upon the request of the Master Board, prepare or assist the
Master Board in preparing an annual budget of Neighborhood Assessments to be included
in the Master Assessment for the year in question.
6.5.2 The Board shall advise the Master Board with respect to matters relating to
the maintenance and operation of Neighborhood, and shall obtain and analyze input form the
members of the Association with respect to the operation of the Master Association.
6.5.3 The Board shall, upon the request of the Master Board and in cooperation
with the management agent for the Master Association, obtain bids and other proposals for
services affecting the Association, and make recommendations to the master Board as to the
need for and the scope of such services.
6.5.4 The Board shall act as a liaison between the Master Board and the members
ofthe Association, and shall cooperate to ensure that the decisions of the Master Board are
properly communicated to the members of the Association, and implemented.
6.5.5 Subject to approval by the Master Board, the Board may approve and
implement Neighborhood Rules which are consistent with the Master Rules and Master
Governing Documents.
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6.5.6 The Board shall cause the Association to comply with the requirements ofthe
Minnesota Nonprofit Corporation Act and other applicable state and federal laws. .
6.6 Meetings and Notices. An annual meeting of the Board shall be held promptly
following each annual meeting of the Owners. At each annual meeting of the Board (i) the officers
of the Association shall be elected, and (ii) the Association's member(s) of the Master Board shall
be elected, subject to staggered election terms as prescribed by the Master Bylaws.
6.6.1 Regular meetings of the Board shall be held at such times as may be fixed
from time to time by a majority of the members of the Board, or, in the absence of such
action, by the President. A schedule, or any amended schedule, of the regular meetings shall
be provided to the directors, and made available for the information of Owners, as provided
in Section 6.6.5.
6.6.2 Special meetings ofthe Board shall be held when called (i) by the President
of the Association, or (ii) by the Secretary within ten days following the written request of
a majority of the directors. Notice of any special meeting shall be given to each director not
less than three days" in advance thereof, subject to Section 6.6.3. Notice to a director shall
be deemed to be given (i) when deposited in the United States mail postage prepaid to the
Unit address of such director, or such other address designated by the director in writing to
the Secretary of the Association, (ii) when sent by facsimile to a number designated in
writing by the director, or (iii) when personally delivered, orally or. in writing, by a
representative of the Board to the director.
6.6.3 Any director may at any time waive notice of any meeting of the Board orally,
in writing, or by attendance at the meeting. If all the directors are present at a meeting of the
Board, no notice shall be required, and any business may be transacted at such meeting.
.
6.6.4 A conference among directors by a means of communication through which
all directors may simultaneously hear each other during the conference is a board meeting,
if (i) the same notice is given of the conference as would be required for a meeting, and
(ii) the number of directors participating in the conference is a quorum. Participation in a
meeting by this means is personal presence at the meeting.
6.6.5 Except as otherwise provided in this Section, meetings ofthe Board must be
open to the Owners. To the extent practicable, the Board shall give reasonable notice to the
Owners of the date, time, and place of a Board meeting. If the date, time and place of
meetings are provided for in the Declaration, Articles, Bylaws, announced at a previous
meeting of the Board, posted in a location accessible to the Owners and designated by the
Board from time to time, or if an emergency requires immediate consideration of a matter
by the Board, notice is not required. "Notice" has the meaning given in Section 11.1 ofthese
Bylaws. Notwithstanding the foregoing, meetings may be closed at the discretion of the
Board to discuss the following:
6.6.5.1 personnel matters;
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6.6.5.2 pending or potential litigation, arbitration or other potentially
adversarial proceedings between Owners, between the Board or Association and
Owners, or other matters in which any Owner may have an adversarial interest, if the
Board determines that closing the meeting is necessary to discuss strategy or to
otherwise protect the position ofthe Board or Association or the privacy of an Owner
or Occupant of a Unit; or
6.6.5.3 criminal activity arising within the Property or involving an Owner
or Occupant if the Board determines that closing the meeting is necessary to protect
the privacy of the victim or that opening the meeting would jeopardize investigation
of the activity.
Nothing in this Section imposes a duty on the Board to provide special facilities for
meetings. The failure to gi ve notice as required by this Section shall not invalidate the Board
meeting or any action taken at the meeting.
6.6.6 All Board meetings shall be open to any member of the Master Board
designated to attend the meeting as the Master Board's representative.
6.7 Quorum and Voting. A majority of the members of the Board shall constitute a
quorum for the transaction of business at any meeting thereof. A quorum, once established, shall
continue to exist, regardless of the subsequent departure of any directors. Each director shall have
one vote. The vote of a majority of the directors present at any meeting at which a quorum is present
. shall be sufficient to adopt any action. Proxies shall not be permitted.
6.8 Action Taken Without a Meeting. The Board shall haveothe right to take any action
in the absence of a meeting which it could take at a meeting when authorized in a writing signed by
all the directors.
6.9 Vacancies. A vacancy in the Board, other than those described in Sections 6.1, 6.2
and 6.10, shall be filled by a person elected within thirty days following the occurrence of the
vacancy by a majority vote of the remaining directors, regardless of their number. Each person so
elected shall serve out the term vacated.
6.10 Removal. A director may be removed from the Board, with or without cause, by a
majority vote at any annual or special meeting of the Owners; provided, (i) that the notice of the
meeting at which removal is to be considered states such purpose, (ii) that the director to be removed
has a right to be heard at the meeting and (iii) that a new director is elected at the meeting by the
owners to fill the vacant position caused by the removal. A director may also be removed by the
Board if such director (i) has more than two unexcused absences from Board meetings and/or
Owners meetings during any twelve month period or (ii) is more than thirty days past due with
respect to the payment of assessments or installments thereof on the director's Unit. Such vacancies
shall be filled by the vote of the Owners as previously provided in this Section.
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6.11 Compensation. Except as authorized by a vote of the Owners at a meeting thereof,
the directors of the Association shall receive no compensation for their services in such capacity.
A director or an entity in which the director has an interest may, upon approval by the Board, be
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reasonably compensated under a contract for goods and services furnished to the Association in a
capacity other than as a director; provided (i) that the contract is approved by a majority vote of the .
Board, excluding the interested director, and (ii) that the director's interest is disclosed to the Board
prior to approval. Directors may be reimbursed for out-of-pocket expenses incurred in the
performance of their duties.
6.12 Fidelity Bond. Fidelity bonds or insurance coverage for unlawful taking of
Association funds shall be obtained and maintained as provided in the Declaration on all directors
and officers authorized to handle the Association's funds and other monetary assets.
SECTION 7
OFFICERS
7.1 Principal Officers. The principal officers of the Association shall be a President, a
Vice President, a Secretary and a Treasurer, all of whom shall be elected by the Board. The Board
may from time to time elect such other officers and designate their duties as in their judgment may
be necessary to manage the affairs of the Association. A person may hold more than one office
simultaneously, except those of President and Vice President. Only the President and Vice President
must be members of the Board.
7.2 Election. The officers of the Association shall be elected annually by the Board at
its annual meeting and shall hold office at the pleasure of the Board.
7.3 Removal. Upon an affirmative vote ofa majority of the members of the Board, any
officer may be removed, with or without cause, and a successor elected, at any regular meeting of
the Board, or at any special meeting of the Board called for that purpose.
.
7.4 . President. The President is the chief executive officer of the Association, and presides
at all meetings of the Board and the Association. The President has all of the powers and duties
which are customarily vested in the office of president of a corporation, including without limitation
the duty to supervise all other officers and to execute all contracts and similar obligations on behalf
of the Association. The President shall perform other duties as are prescribed by the Board.
7.5 Vice President. The Vice President shall take the place of the President and perform
the duties of the office whenever the President shall be absent or unable to act. The Vice President
shall perform such other duties as are prescribed by the Board.
7.6 Secretary. The Secretary is responsible for recording the minutes of all meetings of
the Board and the Association. The Secretary is responsible for keeping the books and records of
the Association, and giving all notices required by the Governing Documents or the Act unless
directed otherwise by the Board. The Board may delegate the Secretary's administrative functions
to a managing agent; provided, that such delegation shall not relieve the Secretary of the ultimate
responsibility for the Secretary's duties.
7.7 Treasurer. The Treasurer is responsible for all financial assets ofthe Association, and .
shall be covered by a bond or insurance in such sum and with such companies as the Board may
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require. The Treasurer shall (i) be responsible for keeping the Association's financial books,
assessment rolls and accounts; (ii) cause an annual financial report to be prepared, subject to review
by the Association's accountants; (iii) cause the books of the Association to be kept in accordance
with generally accepted accounting practices and shall submit them to the Board for its examination
upon request; (iv) cause all moneys and other monetary assets of the Association to be deposited in
the name of or to the credit of the Association in depositories designated by the Board; (v) cause the
proper obligations of the Association to be paid when due; and (vi) perform all other duties incident
to the office of Treasurer. The Board may delegate the Treasurer's administrative functions to a
managing agent; provided, that such delegation shall not relieve the Treasurer of the ultimate
responsibility for the Treasurer's duties.
7.8 Compensation. Except as authorized by a vote of the Owners at a meeting thereof,
officers of the Association shall receive no compensation for their services in such capacity. An
officer or an entity in which the officer has an interest may be reasonably compensated under a
contract for goods and services furnished to the Association in a capacity other than as an officer;
provided (i) that the contract is approved by a majority vote of the Board, excluding the interested
party, and (ii) that the officer's interest is disclosed to the Board prior to approval. Officers may be
reimbursed for out-of-pocket expenses incurred in the performance of their duties.
SECTION 8
OPERATIONS
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8.1 General. All powers of the Association are delegated to the Master Association
pursuant to Section 515B.2-121 ofMCIOA, except as relinquished by the Master Association under
Section 8.1 of the Master Bylaws or reserved to the Association or the Board under Section 6.5 of
these Bylaws. To the extent that the Association has powers, such powers are vested in the Board,
unless expressly reserved to the Owners.
8.2 Assessment Procedures. The Developer and the Master Developer shall determine
when the first Assessment or Master Assessment, respectively, is levied. Thereafter, the Association
shall annually prepare a budget of Common Expenses attributable to the Association, including the
Association's share of annual Master Assessments levied by the Master Association, and shall levy
the annual Assessment against the Units as provided in the Governing Documents.
8.2.1 The annual Assessment shall be levied against all Units effective as of the
first day of the Association's fiscal year when the first Assessment installment is due, as
determined by the Board, and notice shall be given to the Owners at least thirty days prior
to the due date. The failure to timely levy or give notice of an annual Assessment shall not
relieve the Owners of their obligation to continue paying Assessment installments in the
amount currently levied, as well as any increases subsequently levied.
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8.2.2 The Board may amend the budget and Assessments, or levy a special
Assessment, at any time, and shall do so promptly if the Master Association amends its
budget or levies a Master Special Assessment or Village Assessment. The levy shall be
deemed to occur upon the date specified in the resolution which fixes the Assessment.
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8.2.3 The Board may levy limited Assessments against only certain Units under
Sections 6 of the Declaration. Such Assessments may be included in the Assessments levied .
annually against the affected Units or may be levied separately at any time during the year.
Such Assessments are not annual or special Assessments within the meaning of the
Governing Documents.
8.2.4 The budget may include a general operating reserve, and shall include an
adequate reserve fund for maintenance, repair and replacement ofthe Common Elements (if
any) and any parts of the Units that must be maintained, repaired or replaced by the
Association on a periodic basis.
8.2.5 The Association shall furnish copies of each budget on which the Assessment
is based to an Owner, upon request of such Owner.
8.3 Payment of Assessments. Unless otherwise designated by the Board or the
Governing Documents, annual Assessments shall be due and payable in monthly installments in
advance on the first day of each month of the year or other period for which the Assessments are
made, and special Assessments shall be due when designated by th'e Board. All Owners shall be
absolutely and unconditionally obligated to pay the Assessments. No Owner or Occupant shall have
any right of withholding, offset or deduction against the Association or the Master Association with
respect to any Assessments, or late charges or costs of collection, regardless of any claims alleged
against the Association or the Master Association or their officers or directors. Any rights or claims
alleged by an Owner may be pursued only by separate action.
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8.4 Default in Payment of Assessments. If any Owner does not make payment on or
before the date when any Assessment or installment thereof is due, subj ect to such grace periods as
may be established, the Board may assess, and such Owner shall be obligated to pay, a late charge
as provided in the Declaration for each such unpaid Assessment or installment thereof, together with
all expenses, including reasonable attorneys' fees, incurred by the Board in collecting any such
unpaid Assessment.
8.4.1 If there is a default of more than thirty days in payment of any Assessment,
the Board may accelerate any remaining installments of the Assessment upon prior written
notice thereof to the Owner, and the entire unpaid balance of the Assessment and late charges
shall become due and payable upon the date stated in the notice unless all past due amounts,
including late charges, costs of collection and fines, are paid prior to said date.
8.4.2 The Board shall have the right and duty to attempt to recover all Assessments
on behalf of the Association and the Master Association, together with any charges,
attorneys' fees or expenses relating to the collection thereof. In addition, the Board shall
have the right and duty to attempt to recover any and all collection or contingency fees or
costs charged to the Association by a collection agency or other Person acting on behalf of
the Association in collecting any delinquent amounts owed to the Association by an Owner
or Occupant.
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8.4.3 The rights and remedies referred to herein shall in no way limit the remedies
available to the Association or Master Association under the Declaration, the Master
Governing Documents or by law.
8.5 Foreclosure of Liens for Unpaid Assessments. The Association has the right to
foreclose a lien against a Unit for Assessments imposed by the Association, as more fully described
in the Declaration.
8.6 Records. The Board shall cause to be kept at the registered office ofthe Association,
and at such other place as the Board may determine, records of the actions ofthe Board, minutes of
the meetings of the Board, minutes of the meetings of the Owners of the Association, names of the
Owners, and detailed and accurate records of the receipts and expenditures of the Association. With
the exception ofrecords that may be privileged or confidential information, all Association records,
including receipts and expenditures and any vouchers authorizing payments, shall be available for
examination by the Owners upon reasonable notice and during normal business hours. Separate
accounts shall be maintained for each Unit setting forth the amount of the Assessments against the
Unit, the date when due, the amount paid thereon and the balance remaining unpaid.
8.7 Enforcement of Obligations. All Owners and Occupants and their guests are
obligated and bound to observe the provisions of the Master Governing Documents, the Governing
Documents, the Rules, the Master Rules and the Act. The Association may impose any or all 0 f the
charges, sanctions and remedies authorized by the Master Governing Documents, the Governing
Documents or by law to enforce and implement its rights and to otherwise enable it to manage and
. operate the Association.
SECTION 9
AMENDMENTS
These Bylaws may be amended, and the amendment shall be effective, upon the satisfaction
of the following conditions:
9.1 Approval. The amendment must be approved by:
9.1.1 The Board,
9.1.2 Owner who have authority to cast in excess of fifty percent of the total
votes in the Association, in writing or at a duly held meeting of the Owners,
9.1.3 The Master Developer, and
9.1.4 Declarant, as provided in the Declaration.
.
9.2 Notice. A copy of the proposed amendment and, if a meeting is to be held, notice of
such meeting, shall be mailed by U.S. mail, or hand delivered, to all Owners authorized to cast votes
and the Master Board; and
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9.3 Effective Date. An amendment is effective on the date of approval by the required
vote of the Owners, and need not be recorded. Ifrecorded, the amendment shall be recorded in the .
office of the recording officer for the county in which the Property is located.
SECTION 10
INDEMNIFICATION
The Association shall, to the extent the alleged liability is not covered by insurance,
indemnify every individual acting in any official capacity on behalf of the Association, pursuant to
the provisions of Minnesota Statutes Section 317 A.521.
SECTION 11
MISCELLANEOUS
11.1 Notices. Unless specifically provided otherwise in the Declaration or these Bylaws,
all notices required to be given by or to the Association, the Board, the Master Association, the
Master Board, the officers of the Association or Master Association, or the Owners or Occupants
shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with
postage prepaid and deposited in the United States mail; except that registrations pursuant to Section
2.2 shall be effective upon receipt by the Master Association.
11.2 Severability. The invalidity or unenforceabilityof any part ofthese Bylaws shall not .
impair or affect in any manner the validity, enforceability or effect of the balance of these Bylaws.
11.3 Captions. The captions in these Bylaws are inserted only as a matter of convenience
and for reference and in no way limit or proscribe the scope of these Bylaws or the intent of any
provision hereof.
11.4 Conflicts in Documents. In the event of any conflict between the provisions of the
Master Governing Documents and the Governing Documents or Rules, the Master Governing
Documents shall control. As among the Declaration, these Bylaws and the Rules, the Declaration
shall control. The Bylaws shall control as against the Rules. The Master Rules shall control as
against the Rules.
11.5 Waiver. No restriction, condition, obligation or provision contained in these Bylaws
shall be deemed to have been abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breaches thereof which may occur.
11.6 No Corporate Seal. The Association shall have no corporate seal.
11.7 Fiscal Year. The fiscal year of the Association shall be as determined by the Board.
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JUL-02-2001 15:~
-
612 971 13576 P.02/09
CPDC
LANDscAPE POLICY &: REQUIREMENTS
THIS AGREEMENT is made this_day of
200-, between
~"Buyun)andTowne
LAkes as part of the Homesite Selection Agreement as it relates to
, .Albertville, Minnesota,
, Block_, Towne Lakes _ Addition. Wright County, Minnesota (the
Lot
"Lot"').
1. LANDScAPE BuDGET
It is required that your professionally designed landscape plans must be a minimum of
2% of the purchase price of your home and lot combined (te.: $350,000 package price ..
$7000 landscape budget). The entire landscape budget is to be allocated solely to trees,
shrubs, mulch, rcxk, edging & sod. TIlls does not include irrigation systems Or retaining
walls. You are not required to have your landscaping professionally installed. You
may do the installation of the landscaping yourself to save on the labor cost, however
you must follow the approved plan.
2. puu<;AnoN SYSTEMS AND bIAWV'lG W i\l;:~
Irrigation systems and retaining walls are a separate financial consideration to the
above outlined landscape budget. All retaining walls must be natural boulder rock, laid
rock or cultured stone adhered to cider block or poured walls with footings. Keystone
waIls are not allowed in Towne Lakes. Retaining walls must be approved with your
floor plan and cannot alter the drainage and utility easements nor the final grading
plan.
3. SHORBLAND CONSERV AnON EAsEMBNT:
Homeowners shall 'be responsible for the planting of 1 (one) deciduous shrub per 10
(ten) linear feet of shoreline Owned and one overstory tree within the Shoreland
Conservation Easement, preferably within the upland buffer area (above the existing
wetland edge up to the delinealBi easement line). Homeowners will be provided the
number of lineal feet of shoreline for each lot Massing of shrubs in a naturalistic
manner is encouraged. Plantings must be mulched with wood mulch as described in
7f.
Shoreland species to be planted by homeowners 'wi.thin the Shoreland Conservation
Easement shall be selected from the following approved list Plant species not on this
list will not bG allowed within the shoreIand easement.
~
Silver Maple
Autumn Blaze ~Aple
SHRtrnS:
Black Chokeberry
Red Dogwood
...........
'.: ."d, :', .' "'~I' .... :.".
.. -'1'- 0"
'I' ,.
, .. f . '. '1 ~.
! .' I PI...... '........,~
. . .
..&0... ..D:
JUL-02-2001 15:37
CPDC
612 971 0576 P.03/09
Red Maple
River Birch
Black Ash
Green Ash
Alder
As)'Qn
Cottonwood (seedless variety)
Swamp White Oak
Northern Pin Oak
Willow (non weeping form)
Hackberry
American Em (resistant cu1tivar)
Hawthorne
Semceberry
Gray Dogwood
ArroW'W'ood Viburnum
Nannyberry Viburnum
Hibush Cranberry Viburnum
Pussy Willow
Serviceberry
Elder
Gooseberry
5. OVERHEAD PoWERUNE EASEMENT:
No large overstory trees are to be planted within the powerline easement Only smaller
type ornamental. trees and shrubs will be allowed.
6. STORMWATERPoNDS:
Homeowners are encouraged to select plantings off of the above shoreland vegetation
species list ror any plantings to be done adjacent to any stormwater ponds. Those
vegetation spedes are generaUy suited to a riparian edge situation, and therefore would
offer increased survivability for areas that will be occasionally underwater.
7. LANDscAPE REoUIREMENTS:
All yard areas except; planting beds, decks, garden, play areas and pavements, must be
sodded or hydro-seeded with proof of survivability. Vegetable gardens and play areas
must be located in the rear yard. The combined total of garden and. play area must not
exceed 30% of the rear yard area. Be aware and considerate of what your neighbors
view from their yards. The Architectural Review Committee (ARq must approve all
play equipment.
a. A min:i.mum of 2 ornamental trees are required in the front yard or front
foundation area. The boulevard trees instzilled by Towne Lakes may be considered
by ARC as a substitute in appropriate situations.
b. A minimum of 3 trees, 2" caliper (shade, ornamental or evergreell) are required to
be installed in either the front or back yard.
c. A mini:mum of twenty (20) shrubs (deciduous or evergreen) are required to be
planted in the front and side foundation areas.
d. Comer homesites require one additional shade tree of 2" caliper on the side yard.
e. HalE of the additional tr~ planted must be deciduous shade trees and the balance
may be a combination of evergreens and ornamentaL Additional planlings of color
(annuals or perennials) are encouraged but is not a requirement However, if
installect this herbaceous plant ma~rial will not count toward 1he shrub
requiremenl
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JUL-02-2001 15:38
CPDC
612 971 0576 P.04/09
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f. Mulches - Listed below are ac:cepted mulches:
R~ M~Jch Wood Mulch
River rock 1 1/2" or 2 !h" Cypress
CA Granite ~." or IIf.{' Cedar
Trap Rock :y,' or 1 W' Stained Harwood (Golden or
Buff Umestone tV,," Brown in color)
-shredded hardwood mulch is not acceptable.
g. Edging: Vinyl - Cobra or Valley View, Brick or Stone.
*Edging is required to be installed with rock mulches. It is not required with wood
mulches.
8. GRADING PLAN
Be aware that your" as built" landscaped grades must meet the grading plan approved
by the City of Albertville on your certificate of survey. H you are bringing in black dirt,
you must co-ordinate your final grade with your builder accordingly. As you add black
dirt, you increast! the elevation on your lot and thus change the grading plan. Your
builder must hold-down your final grade the equivalent of the black dirt depth you
instalL
9. P.Ro~ONAL 1..ANDscAPE DEsiGN PLAN PROCESS
Prior to receiving a Certificate of Occupancy from the Gty of Albertville, you must
submit the following to the Land Office for review and approval by ARC:
a. A professionally designed landS(ape plan, to be received in the Land Office no later
than 45 days in advance of your targeted move in date. The dated plan needs to be
drawn at 1- 30 or 1 .. 20 scale with directional North/South arrow and projected
date of completion of installation. Three copies of the plan are required, including
the name of the design firm, d.esigner name, telephone and fax number, owners
name, street address and lot and block numbers. If you intend to plant your design
in phases, submit two separate drawings (your phase one plan must meet the
minimum requirements):
i. An overall design.
ii.. A phase 1 planting design, labeled as such.
ill. A projected date of final installation of each phase.
b. You may contact any of the Towne Lakes recommended landscape
contractors on the attached list to design your plan -OR- any other professional
ltlndscape contractor you have experience with. If you choose to do the i.nstaIlation
yourself, or hire a firm other than the plan designer, you must follow the plan
design as approved, taking note of tree caliper, shrub container sizes and plant sizes.
i. A bid proposal Including description of the plant materiat plant container or
tree caliper size, rock or mulch bed square teet, retaining wall square footage
showing height, length and materlal, and sod square yardage. The overall
price, including labor cost, must be included in the proposal.
c. Please bring this landsca.pe policy with you when you meet with your landscaper to
design your plan. It helps them understand how and when to submit your plan to
us. See the attached planted design example for assistance.
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JUL-02-2001 15:39
CPDC
612 971 0576 P.05/09
10. REIMBURSEMENT
Towne Lakes will reim,burse directly to you in cash $2000 of your lot cost upon
inspection approval of completed landscape installation according to the approved
plan
.
Once your landscaping is installed, call the Torune LAkes Land Offiet @ to
schedule an inspection. A staff member uTilI come out to your home and check to see that the.
landscape planting substantially complies tL)jth the approved landscape plan_ Upon approval,
you tuill receive you.r reimbursement of $2/000 l~,;thin 10 working days. If the plan was not
folloioed, you will be required to complete items/areRS, which did not follo1O the. approved
landscape plan. Once it is corrected, staff u'11l recNck the inst.allation and you will receive y()Ur
reimburstment urithin 10 tl'orking days. If you do not complete your plant material installation
in a timely manner, Towne Lakes rtSl!rtles tlte right fc complete it for you, withhold your
reimbursement infull, and back charge you for any associated expenditures above the
reimbursable amount of $2000.
11. ExTERIOR LIGHTS
Low voltage decorative landscape lights are permitted when submitted and approved
by ARC. Yard lighlIi or safety lighting should have "candle" bulbs. ARC also must
approve these fixtures.
12. FENCING
All types of fencing must be submitted and approved by ARC. Chain link fencing is not
permitted in Towne Lakes. Dog kennels must be attached to the house and may be
surrounded by vinyl covered chain link fencing. H the vinyl cov~red chain link is used, .
the kennel must then also be surrounded by shrubbery. If fencing or kennels are added
aftQr occupancy, a permit must be applied for at the city and they will not release the
permit without ARC approval.
13. BoULEVARD TREE POLICY
Towne Lakes has a master plan for site amenity features that has been designed to
create an attractive community. The boulevard trees are planted as part of the amenity
features to frame the streets, trails and sidewalks and complete the street:scape for
residents. The tree locations, spacing and species have been designed as part 0/ the
neighborhood image. The trees are installed in each phase after the curbs are set;. streets
are installed, the small utilities are trenched and the sidewalks or trails (if applicable)
are installed. The lTees are warranted for one year from installa.tion by Towne Lakes
vendor. Towne Lakes will continue to maintain them in growing condition until the
home site is sold. All homesites are sold" as isH with the resident taking into
considetation that all trees are not created equal and adjacent lots can have similar trees
of different health, vigor, shape color, etc. You should take note of these diff~nccs
when selecting your homesite and choose accordingly. You should be aware of the
following regarding boulevard trees:
a. Warranty: Once the builder/resident purchases the lot and construction begins,
Towne Lakes no longer has control over excavations, soil stockpiling and grading
III
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JUL-02-2001 15:40
CPDC
612 971 0576 P.06/09
"
operations on the homesite. Nor can Towne Lakes control delivery and storage of
construction materials, parking of cars and trucks, excavation for utility service
lines, the :installation of irrigation systems, etc., all of which impact the health of
boulevard t:re4!s. Following the lot purchase by the builder/resident, the
responsibility for the health of the free goes to the builder/resident. Towne Lakes
requires that boulevard trees be fenced off for their protection during construction.
During summer construction, if long dry periods are experienced, the trees should
be watered by the builder/resident Once the resident occupies the home,
irrigation, mowing, weeding, fertilizer and herbicide practices can all affect the
continued health of the boulevard trees. If trees are severely damaged or killed
during the home consb:'uction process or after the resident occupies the home,
Towne Lakes requires that they be replaced with the same variety and size of tree
by the builder/resident
14. Movin~ Boulevard Trees: The builder/resident may decide to design the
home such that the boulevard trees need to be moved to accommodate the driveway
placement The builder/resident may have the trees moved laterally along the street
with Towne Lakes approval and at the builder/ resident expense. The procedure to
move a boulevard tree 15 as follows:
a. Builder I resident to stake proposed new location.
b. Builder to have utilities located.
c. Builder to have new location approved by Towne Lakes.
d. Builder to contract 10 have the tree moved by a tree spade service using a tree
spade appropriate 10 the size of the tree and spacing with the sidewalk.. If the
sidewalk is damaged while removing the tree or in the new location, it will be
the responsibility of the builder/resident to repair the sidewalk at his Iher own
expense.
e. Any wBnanty for this move is to be negotiated between the builder/resident and
the spade company.
15. Removal of Boulevard Trees
Towne Lakes does not permit the removal of boulevard trees unlGss they are to be
replaced with equal or better trees. If a boulevard tree dies of natural causes (disea.~e,
insects, or environmenbU stress) Towne Lakes requires that the homeowner replace the
tree in an appropriate size and species within 30 days of removal or June 15th of the
following year if removal occurs between November 15t and May 15th.
THE BUYER FULLY UNDERSTANDS the LandSCApe Policy as outlined above and in
signing below agrees to adhere to the policy in full
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JUL-02-2001 15:41
612 971 0576 P.08/09
CPDC
RECOMMENDED LANDSCAPE CONI'RACTORS
The following Landscape contractors are recommended to provide Towne Lakes residents
with landscape design service and installation. Please contact them to start the design
process as soon as construction of your home will allow. This design must be submitted to
1he ARC Committee for review and approval any time during construction, but not la ter
1han 45 days before occupancy of your home.
HEINS NURSERY
9050 Hudson Road
Woodbury, MN 55125
Dennis Heins/Brad Hanson
651-739-6310
WINCO LA.NDSCAPE & DESIGN
1000 Upper 55th St. E, Suite 215
lnver Grove Heighis, MN 55077
Ken Owl 651-455-3070
BUELL'S INe.
70'77 Manning Avenue
Hastings, MN 55033
Rick Moeller 651-459-9331
ABRAHMSON NURSERY
2100 Tower Drive W
Stillwater, M!'\r 55082
AI Strohbehn 651-439.2140
WILDERNESS LANDSCAPING
2317 Boxwood
Maplewood, MN 55119
Tim Erb 651-702-5965
JUL-02-2001 15:41
CPDC
#;'....
612 971 0576
P.09/09
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