2003-09-02 Agreement to Allow Installation of Municipal Impro
.Sep. 2. 2003 3:24PM
No,H45 p, 1
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WOODSIDE COMMUNITIES~
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FAX COYER SHEET
DATE:
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FROM: .,. ~_., DONALD JENS"EN, VICEPRESID&NT LA.."'fD DEv.El:.O}'-}''4ENT
. DIRECT DIAL (763) 772-1012 / donj@woodside&ronpinc.com
o ROGER l<~ LA.'I\ID DEVEL9PMENT DIRECTOR
DIRECT DIAL (76'3) 772-1020 r rogerl@woodsidegroupinc.oom
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If you do not receive the number of pages listed above, please call the number below.
Number of~ages: ~
13736 Johnson SireetNE IjI Ham Lake, MN 55304 oj; Fax (763) 757-4094> 772-1019
Sep, 2, 2003 3:24PM
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F'~H I (: I 'T\> E.lF IiltLBERlU I LLE
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No,7945 p. 2
3c1-'. 51 2~J ffi: JttPlM P4
CITY OF ALBERTVILLE
AGREEMEJ\'T TO ALLOW TOE INSTALLATION 0.-
MVNlCIPAL IMPROVEMENTS
THIS AGREEMENT, entered into this day of .. 2003 by md
between Woodside Kars10n Cove, LLC. a Mizmesota Limited Liability CEWpefat'ion:; ~ I'IJ4fY
~ to herem as "Developer'"; end the City of Albertville,. County of Wright, State of
Mi:nnesotas I1ereinaftl".r referred to as "Citylt;
. WHEREAS, Dcvc1QpCl5eeks to install ~C.rlBin publig improvements..~~.~y~}~~.~...._...
.-...... ..... .... '..-exp.iiiu"o"fftliit'pwpcifffODe'1.C'iiOW:iias 'KiiSfOn Gw"Tfiiid Addiiioii"(lieiCUter, "Subpt
Property;" a description of aid property is attached as Exhibit A1 said improvements 10
include bituminous sCreet, curb and go_ grading. drainage, u.nitary sewer, water and
storm sewer (hereafter ""MlWoipallmprovemca.ts") pr10r to fiMl plat approval; and
WHEREAS, the City is willing to allow the installation of said Municipal
Improvcmmts prior to final plat approval, pnmded Developer complies with the conditions
oftbis Agreement.
NOW, TIlEREFORE, n' IS HEREBY AND HEREIN MUTUALLY
AG~D, in consideration of each party's promises and consideratiaos herein set forth. as
fbllows:
1. ConatrudloD o(Uqkivll Im>>rovements.
A The Developer shall be allowed to COD.Suuct those Municipal Improvements
located on and off Subject Property IS detailed. in the Plans and Specifications
for Karston Cove Third Addition. as prepared by Westwood Professional
Services.. Inc. dated August ] S. 2003 and on file with the City Clerk. said
UupzUVl:mrmlS to include installatioD of bituminous street. curb and gutter.
wa= mains. sanitaty aad storm sewers, storm water ponding and site
grading. All such improvements shall be constructed according to the
standards adopted by the City, along with all items required by the City
Engineer.
B. The City shal~ at itJ option, have the Oty &.,gineer present on Subject
Property for inspection pUIJ'oses at all times (or such times as the City may
deem uoessa%)') during the construction and installation of said MuniQ.ip4l
Improvements., Developeragrecs to :PaY fef all costs incurred by the City
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,Sep, i, 2003 3:25PM
'FROM : CITY Of nL:Ef3O!'TVILLf
IAnx tn I 7C'.34~7.21i1l
No,i945 P, 3
~l!p. B1 2BBa B'J: 35F=lM rs
dwiJJg Hid ~tiODS.
2. kcaritY. To guarantee compliance with the tmns oflhis permit and to reimburse
the City for any datnqe to public property u a result of the installatiOD of said
MunK:ipallmprovements pc:rmitt~ herein, the Developer shall fumish the City with
a cash escrow or ilTeVooable letter of credit from a baz:ak ("secvri.t)l') in the amOUllt of
S~ 1he bank and fonn of the letter of credit shall be: subject to the approval
A1'l of the City At.1omey. The letter of eredit sblll be for a term ending not earlier than
k\:. \~ GAUlt~' one year iiom the date Dlthis &qp.'eImleJlt,.lIld sba11 be renewed annually by the
~ .~ ~ \i} Developer until all, Municipal lmprovcmcn18 ace wmpletcd 01 until a 5ubstitute
...~ s~:~-:=~~::edil~':;~=~~~~~i~~::~=:-'--"--'--'
~~ does not provide the City with a renewal or an acceptable substitute letter of credit.
.. : k The Ci1f may draw on said l.et.ter of credit or suref;y to remedy any violation of this
. ~ ~~ Agr~ to reimburse itseltfhr costs incurred in the drafting, execution,
\J If' ,'; II wi- . . administration or enforcement of 1bis Ap'eement, or to otherwise fulfill the
~.fJJ':. V \0 obliptions of Developer under this agreement. Developer agrees to allow the City
~ It.. l ' to speeially assess DeveIop....s property lor any and all costs ~ourred by the City in
~ \~ 1'7 enforcing ..y of the term! of this agreement should Developers letter of credit or
surety prove insutl1cient or should Developer :fail to nt!ll1nmin Did letter of credit or
surety in the amount required above. Should the City assess Developer's property
for said COSts, Developer qrces not to contest or appeal su.d1 assessment and waives
aU statutmy rights of appeal Wldcr Minneaota StatWes, imllwting MiImcsota Statute
429.081.
3. AbandoDlIlJ1t of ~jfd ~ COlts aDd Ex~enses. In the event D~eloper should
ababdoD the proposed 4evelopment of the Subject Property, the Cityls costs aud
expenses related to at1Dmey's fees. professionBl review. draf:ting of this Agreement,
preparation of the feuibility report; plans and Ispecmcations, 811d any other expenses
'UIldenakeD in reliance upon Developets varioUs representations shall be paid by said
Developer within thirty (30) days after receipt of a bill for such costs from the City.
In additioo, in the event the Developer abaDdoDs the project, in whole or in part, fails
to provide sufficient ground..cover to preveInt COftth'lldftg soil erosion from the
Subject Property. or failJ to leave the ab~ property in a condition which Cltl
j be mowed usins convenDonallawn mowing equipment, Developer agrees to pay all
J K'\ costs the City may i1ar in UIkin; whatever action is reasor&ably necessary 10 provide
"~l . pmmd-cover IUd o1hOIWise restore ~ubject Property to the, point wh~re undeveloped
. '\ "'. unds are le\lel and covered with permanent vegetatIon suffiCient to prevent
\AAtl' continuinS loil eroliOll. from Subject Property and to iacllitate mowing of Suhject
\)! J ~ Property. In IlIe event tlllIl said cDllls 7 DOt poid, 1he City may specially ISse", such
,SeD. 2. 2003 3:26PM
f'FO'1 : CITY [f' R...ElE~TIy1 I LLE
rFt< ~~O. : rr..3l!l'f73iZ1~
No.7945 p. 4
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Addition plat.
11, Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer 8Dd third parties for damages sustaWod or costs
incurred resulting from Subject Property approval and. development The Developer
shall indemnitY the City and :its officers and employees for all costs, damages or
expenses whicb the City II1&)'" pay at im;ur in consequence of such claims, including
attorney's fees. Third patties sbaIl have no rccoursc against the City under this
contract
12. AsI;~nment of Contr8~ The obliaaUcma of the Developer under this C'.ontract
.'''...,._--.-cmmot'bc..alJli'gll<<iwit)njut~IeSS-wllucncunienfarmeatY CounCir1:biOi\8fl." ..'.. ",..
Counci1resolution, ~ ~ ~ V",y~ wi#tliiU.
13. Professl.vnal...fees. The Developer wm pay aU reasoD8ble professional fees incurred
by the Cit;y as a ICault at City e4"mts to cnfoK<C the terms of this Aweement. Said
fees include attomey's fees, eupeer'i fees, planner's fcx,.s, and any ether professional
fees incurred by the City in anempting to enforCe the tem1S of this Aarcement The
Developer will also pay all reasonable attorney's and .professional fees incUITed by
the City in the eveut au action is brought upon a letter of eredit or other surety
furnished by the DevclGpef as provided heroin.
14. lnt~rUsut Oa.use. MmUfic.atiOD by Written Agreem.wt Only. This Agreement
represents the Ml and complete understancling of the parties and neither party is
relying on any prior agreement or statcmcmt(s), whether oral or written.
Modification of'tbis Apeement may OOQUI' obly if h1 writing and signed by a duly
authorized agent of both parties.
15.. NotificatiDn InformadoD. Any nOtfce~ to the parties herein shall be in writing,
delivered by band (to the City Clerk Ebr the City) or ~gistered mail addressed as
follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albe1'tville, MN 55301
Telephone: (763) 497..3384
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,Sep, 2. 2003 3:26PM
rROH I CITY or FLDCRTV1LLC
rAH U:I. I ~97321B
No,7945 p. 5
SCJ!I. 81 2tm 1iJi: ~Flt1 PQ
Cove Thiru Addi1iclns in which we Developer shall have no recourse against
the City for any costs Developer incurred in installing said Municipal
Improvements prior to final plat approval. This agreement shall in no way
constitute a prllIltce of approval ofKarston Cow Third Addition plat in a
tl>lllijpnlion wbidI oaafomls to the MunicipalImprovemOllts ~9~.~ ~bpj(
~e1~=~~A~~~fD~~W 1fl,1*l
B.. Prior to the execution of this Agreement and prior to the start of any P
constrac1ion on the Subject Property. Developer shaD. provide the City with ~ ~
evid~ of good and mark$ble title to aU of Subject Property. Evidence of ~
aood and marketable title shall consist of a Titla IDsUI'IIK:c Policy or 1(
-~._-----"--~iu~~~~~~-~~--"---l'.
updated by an abstractcompanyregistared UDder the laws of the State of ~
MhmeIOta. ~ .i
F. Developer shall comply with all water. ponding and wetland related ~ ~
TeStrictioIlSp if any, required by the CiW of Albertville rmdIOf9JlY applicable ... E ·
provisions of Stam ad Fedetal1aw.. ~c !:
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10. Violation of Allreelllent. ~
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A. Except as otherwise provided in this Agreement. upon any default by r ~
Developer, its successors or 8&SiJos. of any oftbe covenants and agreements ~ ~
herein contained, 1he City shall gi"" Developer thirty (30) days mailed notice c:;
thereof (via certified mail)t .and if such default is not cured within said thirty j'
(30) day period, the City is hereby pmcd tho right and the privilege to ~
declare any deli.ciencies govem.ed by this Agrecm.ant due and payable to the
City in full. The thirty (30) day notice Period shall be deemed to run from the
date of deposit in the United States Mail. Upon tmIure to c::ure by Developer,
the City may thence inunediate1y and without notice or consent of 1hc
Developer complete the Developers obligations under this Agre~ and
specially assess the coatb.ctcofapinstthc Subject Property andlrJJ bring
legal action agablat the Developer to collect any sums due to the City
putluant to this Agreemen~ plus aD costs and attorney's fees incurred in
enforcing this agreement. Developer knowingly and voluntarily waives aU
statu.to!y rights to appeal said special assessment under Minnesota Statutes
sec1.ion 429.081.
~. Breach of any of the term& of'thi& Coa~ by the Developer shall be ,FOunds
for denial of or withholding of final plat appzoval Qn Karlto'!) Cove Third
oS
Sep, ~, 2003 3:27PM
.FFlOI,j . CITY CF" i=lL..SliRTUIL.L.5
FA>( NO. . (63'4~'13;:!:!.121
No,7945 p, 6
$ep. 01 <i!12Iat3 ~.3S~1 I"'llil
Woodside Karston Cov~ LLC
clo Don Jensen
13736 N.E. IoImson Saeet
Ham Lake, MN '~304
Te1qmono;(7G3) m-1012
16. AtJreement Eft'eg. This Agreement shall be binding UpDn md extend to the
represeat:atives, ~ &UOOeSSOrs and assigns of the parties h~..
CITY OF ALBERTVILLE
By
Its Mayor
By
Its Clerk
WOODSIDE KARSTON COVE, LtC
BY!
~Jensen
~: Its Vice"President
aU .
i
PM
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Sep. 2. 2003 3:27PM
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,~O~l . en'!' OF 1it.!I!!RTUILLE
FJiiI)( t<<3. . r&149'i"3z:1~
No.7945 p. 7
~~. 01 2BB3 B~:~AM Pl1
EXlDBIT A
The Real Property subject to the Agreemeut to Allow Installation of Municipal
Improvements is leplly described as follows:
OutlotA/ ~;", ('Y8/7;'r~hhJ
All said property in Karstou Cove)tb.~e, County of Wright, Minnesota.
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