2000-08-11 Developers Agreement
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CITY OF ALBERTVILLE
CONDITIONAL USEIPLANNED UNIT DEVELOPMENT AGREEMENT
ALBERT VILLA'S
THIS AGREEMENT, entered into this \ \ day of ~\16\- , 2000 by and
between EDINA DEVELOPMENT CORPORATION referred to h rem as "Developer";
and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City";
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WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the
attached Exhibit A, which real property is proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is intended to
bear the name "Albert Villa's" and shall hereinafter be referred to in its entirety as "Said
Plat" or "Subject Property"; and
WHEREAS, Developer intends to subdivide 24.19 gross acres into 41 single-family
residential lots for purposes of constructing 41 single-family residential units; and
WHEREAS, approval of a Conditional Use PermitIPlanned Unit Development is
required to allow for the aforementioned subdivision proposed by Developer; and
WHEREAS, the City has given preliminaI)' approval of Developer's plat of Albert
Villa's contingent upon compliance with certain City requirements including, but not
limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to bituminous street, curb and gutter, grading, drainage, sanitaI)' sewer, water and
. storm sewer (hereafter "Municipal Improvements") be installed to serve the Subject
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Property and be 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 boulevards, top
soil and sod, grading control per lot, bituminous or concrete driveways, parking lot,
drainage swales, benning, street signs, street cleanup during project development, erosion
control, and other site-related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and covenants of
the parties concerning the development of the Said Plat and the conditions imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1.
Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to
allow the development of Said Plat as a Planned Unit Development with flexibility
from the strict requirements of the City's Zoning Ordinance in relation to minimum
lot sizes, lot widths and set-back requirements. Unless otherwise explicitly set forth
in this Agreement, however, Developer must conform to the requirements of the
Albertville Zoning and Subdivision Ordinance, as well as all other applicable land
use regulations. Developer agrees that the following conditions will be met on a
continuing basis:
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A. A property owners' association is established in compliance with Sections 1100
and 2700 of the City Zoning Ordinance and a maintenance agreement and
declaration of covenants, conditions, and restrictions are approved by the City
Attorney and recorded against the title to each lot within Said Plat.
B. No more than fifty (50) building permits shall be issued for Said Plat, until after
such time as Kahl A venue, 47th Street and Kallard A venue is installed to provide
a secondaI)' access to Said Plat.
C. All grading, drainage, utility, wetland mitigation, and transportation issues that
arise during development of Said Plat shall be subject to review and approval by
the City Engineer.
D. If signs are desired on site to identify the Subject Property, then plans shall be
submitted for review and approval of the City Planner. .
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E. Trees, shrubs, berms and screening are planted and installed as shown on the
landscape plan attached as Exhibit B.
F. Developer shall, at its own expense, construct sidewalks in the locations shown in
the attached Exhibit B.
G. The Developer shall remove or relocate the existing buildings located within Said
Plat by August 1 st, 2000. The Developer shall identify the method used for
removing or relocating existing buildings and such method shall be consistent
with Sections 1400-1 and 900 of the Albertville Zoning Ordinance and shall be
subject to review and approval by City Staff.
H. The applicant shall file deed restrictions with the Wright County Recorder of
Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline
easements indicating that no structures can be built within the easement areas.
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I. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City
with a copy of the sales literature identifying NSP and Amoco easement building
restrictions, the required twenty (20) foot wetland setback building restrictions
and the location of all future parks within Said Plat. Developer agrees that the
aforementioned sales literature will be distributed to all potential lot buyers
within Said Plat.
1. It is the understanding of the Parties that Developer does not presently intend to
make use of model homes within Said Plat. The Parties acknowledge and agree
that should Developer decide to construct any model homes within Said Plat, use
of such Model Homes shall be consistent with Section 2200 of the Albeltville
Zoning Ordinance. The Parties further agree that prior to construction of any
model homes, the Parties will enter a model home agreement and that said model
home agreement shall be subject to review and approval by the City Attorney.
K. The following requirements apply to the Subject Property:
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Distance
· Buffer Yard Lot Depths
(lots adjacent to arterial or
or major collector streets)
170 feet, except for Block 9 which
has 155 foot lots.
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· Buffer Yard (lot width
requirements for side yards)
· Setback (PUD periphery)
. Setback (front)
· Setback (side-interior)
· Setback (side-comer)
. Setback (rear)
. Wetland Setback
10 feet
35 feet
30 feet
10 feet
20 feet
30 feet
20 feet from ordinary high-
water mark.
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 Albertvillas, as
prepared by E.G. Rud & Sons, Inc. dated May 30, 2000 and on file with the
City Clerk, said improvements to include installation of bituminous street,
curb and gutter, water mains, sanitary and 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. Unless the City Engineer specifies a later date, said improvements
shall be installed by October 31, 2000, with the wear course of bituminous
pavement to be installed after May 15, 2001, but before June 30, 2001.
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B. The Developer warrants 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 constructed to City standards and shall suffer no significant
imp ailments, either to the structure or to the surface or other usable areas due
to improper construction, said warranty to apply both to poor materials and
faulty workmanship.
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 right to draw upon Developer's surety and pay any contractors
who performed work on any Municipal Improvements and whom Developer
has failed to fully pay for the performance of said work.
D.
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
necessaIY) during the construction and installation of said Municipal
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Improvements. Developer agrees to pay for all costs incWTed by the City
dwing said inspections.
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of boulevards, street signs, traffic signs, yard top soil, sod and
seed in all yards, grading control per lot, bituminous or concrete driveways
and parking lots, drainage swales, benning, and like items as necessary, street
cleanup during project development, and erosion control, all as required by
City ordinance. Front and side yards shall be sodded. Backyards may be
seeded or sodded. In all cases pennanent turf or grass must be established
over all areas of the lot not covered by a hard or impervious surface. Said on-
and off-site improvements shall be installed no later than October 31,2002,
with the exception of erosion control, drainage swales and benning, which
shall be installed upon initial grading of Said Plat.
B.
Developer shall, at its own expense, cause the following items to be installed
within the development, all such items to be installed under ground, within
the street right of way 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:
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1. Electrical power supply, to be provided by Northern States Power or
other such carrier;
11. Natural gas supply, to be provided by Minnegasco or other such
camer;
lll. Telephone service, to be provided by SprintlUnited Telephone
Company or other such carrier;
IV. Cable TV service, to be provided by a local carrier;
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In addition, the Developer shall, at its own expense, cause street lights and
street signs to be of such type and to be installed at such locations as required
by the City Engineer and in confonnance with the Manual on Uniform Traffic
Control Devices.
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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 C. Developer agrees to have all utilities installed according to this
Exhibit C.
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,
electrical and cable television) have been installed, whichever occurs sooner.
Developer shall be allowed to substitute hay bales for a 22-foot section of silt
fencing on each lot for the purpose of allowing construction vehicles to pass
from the street to each lot. No construction vehicles shall pass from the street
to the lots except through such designated 22-foot section of hay bales.
Developer shall remove all hay bales and silt fencing from each lot as sod is
installed upon said lot.
E.
Notwithstanding the requirements of subparagraph 3A above, the Developer
shall install to the City's satisfaction improvements for each lot or parcel
within sixty (60) days of the date that a certificate of occupancy (temporary or
permanent) is issued by the City for a building located on the lot, unless the
certificate of occupancy is issued after October 1st and before March 30th in
any given year, in which case said improvements shall be so completed by the
following June 15th.
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4. Intended Use of Subdivision Lots. The City and Developer agree that the lots in
Said Plat are intended only for single-family residential use in the number and the
configuration as are shown on the attached Exhibit D. Developer shall construct
only single family dwellings in the number and configuration shown on the attached
Exhibit D, unless Said Property is rezoned by the City in the future.
5. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or other
surety as approved by the City Attorney) as security that the obligations of the
Developer under this contract shall be performed. Said letter of credit or
surety shall be in the amount of $530,600 representing the sum of 100% of
the estimated cost of the Municipal Improvements ($506,000) and 50% of the
on and off-site improvements ($24,600). Said letter of credit or surety must
meet the approval of the City attorney as to form and issuing bank.
B.
The City may draw on said letter of credit or surety to complete work not
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performed by Developer (including but not limited to on- and off-site
improvements, Municipal Improvements described above, erosion control,
and other such measures), to pay liens on property to be dedicated to the City,
to reimburse itself for costs incurred in the drafting, execution, administration
or enforcement of this Agreement, to repair or correct deficiencies or other
problems which occur to the Municipal Improvements during the warranty
period, or to otherwise fulfill the obligations of Developer under this
agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety referred
to herein is ever utilized and found to be deficient in amount to payor
reimburse the City in total as required herein, the Developer agrees that upon
being billed by the City, Developer will pay within thirty (30) days of the
mailing of said billing, the said deficient amount. If there should be an
overage in the amount of utilized security, the City will, upon making said
determination, refund to the Developer any monies which the City has in its
possession which are in excess of the actual costs of the project as paid by the
City.
D.
Developer hereby agrees to allow the City to specially assess Developer's
property for any and all costs incurred by the City in enforcing any of the
terms of this agreement should Developer's letter of credit or surety prove
insufficient or should Developer fail to maintain said letter of credit or surety
in the amount required above within 30 days of mailing of written request by
the City. Should the City assess Developer's property for said costs,
Developer agrees not to contest or appeal such assessment and waives all
statutory rights of appeal under Minnesota Statutes, including Minnesota
Statute 429.081.
E. That p0l1ion of said cash, irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all
such items are satisfactorily completed pursuant to this Agreement.
F.
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In the event a surety referred to herein is in the form of an irrevocable letter of
credit, which by its terms may become null and void prior to the time at
which all monetary or other obligations of the Developer are paid or satisfied,
it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior
to the expiration of the original letter of credit. If a new letter of credit is not
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received as required above, the City may without notice to Developer declare
a default in the terms of this Agreement and thence draw in part or in total, at
the City's discretion, upon the expiring letter of credit to avoid the loss of
surety for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney 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 prudent, the Developer may request
of the City that the surety be proportionately reduced for that portion of the
Mlll1icipal Improvements which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be billed to
the Developer. Such cost shall be paid to the City within thirty (30) days of
the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any surety as .
follows:
1. When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
11. When all or a portion of the Municipal Improvements or the on- and
off-site improvements have been installed, the letter of credit or surety
may be reduced by the dollar amount attributable to that portion of
improvements so installed, except that the City shall retain the letter of
credit or surety in the amount of 10% of the estimated construction
price of the Municipal Improvements during the fIrst year of the
walTanty period and 5% of the estimated construction price of the
Mlll1icipal Improvements during the second year of the warranty
period.
111. As to all requests brought under this paragraph B, the City Council
shall have complete discretion whether to reduce or not to reduce said
letter of credit or surety.
C. The costs incurred by the City in processing any reduction request shall be .
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billed to the Developer and paid to the City within thirty (30) days of billing.
7.
Abandonment of Project - Costs and Expenses. In the event Developer should
abandon the proposed development of the Subject Property, the City's costs and
expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses
lUldertaken in reliance upon Developer's various representations shall be paid by said
Developer within thirty (30) days after receipt of a bill for such costs from the City.
In addition, in the event the Developer abandons the project, in whole or in part,
ceases substantial field work for more than nine (9) months, fails to provide
sufficient ground-cover to prevent continuing soil erosion from the Said Plat, or fails
to leave the abandoned property in a condition which can be mowed using
conventional lawn mowing equipment, Developer agrees to pay all costs the City
may incur in taking whatever action is reasonably necessary to provide grolUld-cover
and otherwise restore Said Plat to the point where undeveloped grolUlds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion from
Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not
paid, the City may specially assess such costs against the lots within Said Plat and/or
take necessary legal action to recover such costs, including attorneys fees. Developer
knowingly and voluntarily waives all rights to appeal said special assessments under
Minnesota Statutes section 429.081.
8. Developer to Pay City's Costs and Expenses. It is lUlderstood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
engineering and other professional costs incurred in the creation, administration,
enforcement or execution of this Agreement and the approval of Said Plat, as well as
all reasonable engineering expenses incurred by the City in designing, approving,
installing, and inspecting said Improvements described above. Developer agrees to
pay all such costs within 30 days of billing by the City. If Developer fails to pay said
amounts, then the City may specially assess such costs against the lots within Said
Plat. Developer knowingly and voluntarily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081. Developer has the right to
request time sheets or work records to verify said billing prior to payment.
9. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit E. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
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10. Drainage Requirements. Developer shall comply with all requirements set forth
for drainage into any county ditch or other ditch through which water from Subject
Property may drain, and shall make any necessary improvements or go through any
necessary procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
11. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full fmancial responsibility for any damage which may
occur to public property including but not limited to streets, street sub- base, base,
bituminous surface, curb, utility system including but not limited to watermain,
sanitary sewer or storm sewer when said damage occurs as a result of the activity
which takes place during the development of Said Plat. The Developer further
agrees to pay all costs required to repair the streets, utility systems and other public
property damaged or cluttered with debris when occurring as a direct or indirect
result of the construction that takes place in Said Plat.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a result
of construction activity on Said Plat will be repaired immediately if deemed to be .
an emergency by the City. Developer further agrees that any damage to public
propelty as a result of construction activity on Said Plat 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
propelty, the City may undertake making or causing it to be cleaned up, repaired or
maintained. When the City undertakes such activity, the Developer shall reimburse
the City for all of its expenses within thirty (30) days of its billing to the Developer.
If the Developer fails to pay said bill within thirty (30) days, then the City may
specially assess such costs against the lots within Said Plat and/or take necessary
legal action to recover such costs and the Developer agrees that the City shall be
entitled to attorneys fees incurred by the City as a result of such legal action.
Developer knowingly and voluntarily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081.
12. Temporary Easement Rights. Developer shall provide access to the Subject
Property at all reasonable times to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this Agreement.
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13. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement
are items for which Developer is responsible for completing and all work
shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Contract is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Contract.
C. Ifbuilding permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
D.
The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Contract. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of
the City Council. The City's failure to promptly take legal action to enforce
this Contract shall not be a waiver or release.
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E. This Contract shall run with the land and shall be recorded against the title to
the property. After the Developer has completed all work and obligations
required of it under this Contract, at the Developer's request, the City will
execute and deliver to the Developer a release of its obligations under this
Agreement. However, at no time shall the City release those provisions of
this Agreement which, in the City's sole judgment, contain continuing
obligations. Said continuing obligations include, but are not limited to,
paragraphs 1,4, 8, 13, 14, 15, 16, 17, 18, 20.
F. The Developer represents to the City that Said Plat complies with all City,
county, state and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If
the City determines that Said Plat does not comply, the City may, at its
option, refuse to allow construction or development work in the plat until the
Developer so complies. Upon the City's demand, the Developer shall cease
work until there is compliance.
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G. Prior to the execution of this Agreement and prior to the start of any
construction on the Subject Property, Developer shall provide the City with
evidence of good and marketable title to all of Subject Property. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of title
updated by an abstract company registered under the laws of the State of
Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the City of Albertville and/or any applicable
provisions of State and Federal law.
1.
The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the public
health, safety and welfare. Developer acknowledges and agrees that the City
is currently in the process of expanding its wastewater treatment plant
capacity. Developer further acknowledges and agrees that delay in the
availability of wastewater treatment plant capacity may occur for some lots
located within Said Plat and that such delay in capacity availability may also
delay the issuance of building permits for some lots within Said Plat.
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1. Developer shall not place any structure at an elevation such that the lowest
grade opening is less than two feet above the highest known surface water
level or ordinary high water level or less than one foot above the 1 DO-year
flood level of any adjacent water body or wetland. If sufficient data on high
water levels is not available, the elevation of the line of permanent aquatic
vegetation shall be used as the estimated high water elevation. When fill is
required to meet this elevation, the fill shall be allowed to stabilize and
construction shall not begin until the property has been approved by the
Building Inspector or a professional soils engineer.
14. Violation of Agreement.
A.
Except as otherwise provided in this Agreement, upon any default by
Developer, its successors or assigns, of any of the covenants and agreements
herein contained, the City shall give Developer thirty (30) days mailed notice
thereof (via certified mail), and if such default is not cured within said thirty
(30) day period, the City is hereby granted the right and the privilege to
declare any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run from the
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date of deposit in the United States Mail. Upon failure to cure by Developer,
the City may thence immediately and without notice or consent of the
Developer complete the Developer's obligations under this Agreement, and
specially assess the costs thereof against the lots within Said Plat and/or bring
legal action against the Developer to collect any sums due to the City
pursuant to this Agreement, plus all costs and attorney's fees incurred in
enforcing this agreement. Developer knowingly and voluntarily waives all
statutory rights to appeal said special assessment Wlder Minnesota Statutes
section 429.081.
B. Breach of any of the terms of this Contract by the Developer shall be groWlds
for denial of building permits and/or revocation of the Conditional Use
Permit.
15.
Dedications to the City.
A. Municipal Improvement Dedications: The Developer, upon presentation to the
City of evidence of good and marketable title to Subject Property, and upon
completion of all construction work and certification of completion by the City
Engineer, shall make the following dedications to the City:
1. Developer shall dedicate easements to the City over, Wlder and across
all trails, and shall dedicate all parks within Said Plat, if any, to the
City, in a form and with legal descriptions acceptable to both the City
Engineer and City Attorney.
2. Developer shall dedicate to the City all streets within Said Plat.
B.
Park and Trail Dedications: Developer acknowledges and agrees that in
order to satisfy the City's park dedication requirements for Said Plat,
Developer is required to pay $1300 per platted lot. There are 41 lots being
platted in this phase. Prior to release of Said Plat, Developer shall pay City
a cash payment totaling $53,300, an amount representing the total park
dedication cash requirement ($53,300) for this phase. In addition,
Developer shall receive credit toward park dedication requirements for the
actual cost of constructing and installing trails as shown on the attached
Exhibit B. No such credit shall be given for construction of sidewalks
within Said Plat. Developer shall provide documentation of the cost of trail
construction. Developer shall not receive credit for trails or portions of
trails constructed on the shoulder or in the right-of-way of a public street.
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16. Phased Development. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases until public
improvements for all prior phases have been satisfactorily completed. Development
of subsequent phases may not proceed until Development Contracts for such phases
are approved by the City. Approval of this phase of the Development shall not be
construed as approval of future phases nor shall approval of this phase bind the City
to approve future Development phases. All future Development phases shall be
governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development phases
are approved by the City.
17. Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer and third parties for damages sustained or costs
incurred resulting from Said Plat approval and development. The Developer shall
indemnifY the City and its officers and employees for all costs, damages or expenses
which the City may payor incur in consequence of such claims, including attorney's
fees. Third palties shall have no recourse against the City under this contract.
18. Assignment of Contract. The obligations of the Developer under this Contract .
cannot be assigned without the express written consent of the City Council through
Council resolution.
19. Limited Approval. Approval of this Agreement by the City Council and issuance
of the Conditional Use Permit which is the subject of this agreement in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
20. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said
Plat, Developer is agrees to pay a trunk sewer charge in the amount of $33,866,
representing $1,400 per acre of Said Plat multiplied by 24.19 gross acres contained
in Said Plat (excluding outlot C, upon which a similar per-acre charge will be due
upon its replatting at a future date). In addition, prior to release of Said Plat,
Developer agrees to pay a trunk water charge in the amount of $26,609,
representing $1,100 per acre of Said Plat multiplied by 24.19 gross acres contained
in Said Plat (excluding outlot C, upon which a similar per-acre charge will be due
upon its replatting at a future date). Developer agrees to pay said amounts prior to
the City's release of Said Plat.
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21. Professional Fees. The Developer will pay all reasonable professional fees incurred
by the City as a result of City efforts to enforce the terms of this Agreement. Said
fees include attorney's fees, engineer's fees, planner's fees, and any other professional
fees incurred by the City in attempting to enforce the terms of this Agreement. The
Developer will also pay all reasonable attorney's and professional fees incurred by
the City in the event an action is brought upon a letter of credit or other surety
furnished by the Developer as provided herein.
22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear. Unless otherwise
specified in this Agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
23. Integration Clause, Modification by Written Agreement Only. 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
authorized agent of both parties.
. 24. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville,~ 55301
Telephone: (612) 497-3384
Edina Land Corporation
700 IndustIy A venue
Anoka, MN 55303
Attention: Rick Lewondowski
Telephone: (612) 323-9086
25. Agreement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
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ts Mayor
B~)
Its C erk
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EDINA DEVELOPMENT CORPORATION
~~~~!~j:oober
Its P4esideBt '.fiee A-~ide.nf
STATE OF MINNESOTA)
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COUNTY OF WRIGHT )
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City Council. ~ ('(,<<v
N Diary Public
STATE OF MINNESOTA) G MICHAEL C. CaURI
) ss. ij ~ NOTARY PUBLIC - MINNESOTA
COUNTY OF WRIGHT ) ._" My Comm. Exp. Jan. 31, 2005
~Oing instrument was acknowledged before me this (4 day of
A , 2000, by Linda Goeb, as Clerk-Administrator of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council. ~C'-
Notary Public .
16
G MICHAEL C. caURI
~ NOTARY PUBLIC. MINNESOTA
. My Comm. Exp. Jan. 31. 2006
~oregOing instrument was acknowledged before me this I~ day of
, 2000, by John A. Olson as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
.
.
.
"
STATE OF MINNESOTA)
A~O't-A ) ss.
COUNTY OF WRIGII'F )
The foregoing instrument was acknowledged before me this II +h day of
4U~() bf- , 2000, by Riek Lew0ftdow3lci, as Pr-e~ideflt of ~dina Development
Corpora on. Lore Me~01bt:.r Q~ "lIce Pre-~cteJ1+
ell RACHAEL PREBIL-SJOQUIST
. n _ ~ NOTARY PUBLIC. MINNESOTA
~._. My Comm. Exp. Jan. 31, 2005
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central A venue East
St. Michael, MN 55376
(612)497-1930
17
EXHmIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing of the Albert Villa's Plat):
Lots 1-10, Block 1
Lots 1-9, Block 2
Lots 1-12, Block 3
Lots 1-10, Block 4
Outlot A
All said property in Albert Villa's plat, City of Albertville, County of Wright,
Minnesota.
18
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ALBERT VILLAS
CONSTRUCTION PLANS
FOR
SANITARY SEWER WA TERMAJN,
STREETS and STORM SEWER
AL8ERTV1LLE, MINNESOTA
V1CNTY MAP
~ DESCRlP110N
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