2002 Second Amendment to Master PUD
CITY OF ALBERTVILLE
SECOND AMENDMENT TO MASTER PLANNED UNIT DEVELOPMENT
AGREEMENT
TOWNE LAKES
THIS AGREEMENT, entered into this day of , 2002 by
and between Contractor Property Developers Company, collectively referred to
herein as "Developer"; and the CITY OF ALBERTVILLE, C01Ulty of Wright, State
of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer and City have entered into an agreement titled
"Master Planned Unit Development Agreement" ("Master Agreement") dated
,2001 and recorded as Document No. in the office of the
Wright County Recorder's Office; and
WHEREAS, Developer and City have entered into an amendment of the
Development Agreement titled Amendment to Master Planned Unit Development
Agreement dated , 2001 and recorded as Document Number in
the office of the Wright C01Ulty Recorder's Office; and
WHEREAS, Developer and City desire to amend said Master Agreement to
correct an error in the Development Agreement relating to the ownership and control
of the outlots in the plat of Towne Lakes; and
WHEREAS, Developer and City agree that this Amended Agreement shall
apply to the properties in the plat of Towne Lakes.
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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. Intent of the Parties. It is the intent of the parties that this Amended
Developer's Agreement ("Amended Developer's Agreement") correct portions
of the Master Planned Unit Development Agreement ("Master Agreement")
dated , 200 1 and recorded as document number in
the office of the Wright C01Ulty Recorder, Wright County, Minnesota. The
parties intend that this Amended Developer's Agreement and the Master
Agreement be read together to determine the rights and obligations of the parties
with respect to the property contained within the Towne Lakes Plat. In the event
of a conflict between the terms of the Master Agreement and this Amended
Developer's Agreement, the terms of this Amended Developer's Agreement shall
control with respect to such conflicting terms.
2. Restatement of Paral!:raph 17 of Master Al!:reement. Paragraph 17 of the
Master Agreement is hereby restated and amended to read as follows:
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 acknowledges 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:
1. Developer shall dedicate to the City the following lots for park
purposes:
Outlots E, G and H as shown on the final plat;
Park 1 and Park 2 as shown on the final plat;
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Outlots H, I, and L as shown on the prelimimu)' plat
attached as Exhibit G.
In the event the City fails to make the Outlots available for uses
consistent with park pwposes 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 reverter 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 purposes. Use of
all or a portion of the Outlots by the City for road purposes or
for purposes directly related to the maintenance of the abutting
lakes shall be deemed a park pwpose.
11. Developer shall convey to the City the following lots:
Outlots C and D as shown on the final 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.
ill. Developer shall convey to the Homeowners' Association
within one year of the establishment of the Homeowners'
Association the following lots:
Outlots B, D and F 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 gro1Uld equipment,
swings, 2 play "diggers," 2 play spring toys, park fencing,
drinking f01Ultain, chairs/benches, ornamental park lighting, 3
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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 gro1Uld equipment, a volleyball court, a tennis
court 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 form 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 portion of Lot 1, Block 5 shown on the
attached Exhibit D.
Vlli. 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.
C. 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
visual impact of the development on the natural environment
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lakeshore. Said landscaping shall be constructed 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.
3. Restatement ofParal!:raph I.U. of Master Al!:reement. Paragraph I.U. of the
Master Agreement is hereby restated and amended to read as follows:
U. Developer shall install a pool on Lot 1, Block I in the approximate
location and in the approximate dimensions as shown on Exhibit F.
Developer shall construct 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 shorter 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.
4. Exhibits. All exhibits referred to in this Developer's Agreement shall be the same
corresponding exhibits by letter as those attached to the Master Developer's
Agreement.
5. Al!:reement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
By
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Homer H. Tompkins III
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2002, by John Olson as Mayor of the City of Albertville,
a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2002, by Linda Goeb, as Clerk of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority
of the City Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2002a, by Homer H. Tompkins III, as President of
Contractor Property Developers Company.
Notary Public
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
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I (612)497-1930
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