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2002-04-01 Development Agreement Registered .~.( . 793973 02 JUN -5 PM f2: 35 34 ~ 00 cJJ # 42~9 LS CITY OF ALBERTVILLE CONDITIONAL USEIPLANNED UNIT DEVELOPMENT AGREEMENT ALBERT Vll.LAS FOURTH ADDITION TIllS AGREEMENf, entered into this fsf day of ~ ,2002 by and between EDINA DEVELOPMENT CORPORATION referred 0 herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesot~ hereinafter referred to as "City"; . 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 Villas Fourth Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 99.65 gross acres into 64 single-family residential lots (consisting of a total of 45.45 acres) for pwposes of constructing 64 single- family residential units and one outlot for future platting consisting of 54.2 acres; and WHEREAS, approval of a Conditional Use PermitlPlanned 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 Albert Villas Fourth Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, drainage, sanitary 1 , \ . \ . \ -, I . sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject Property and be fmanced 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 cleanup during project development, erosion controL and other site-related items; and WHEREAS, this Agreement is entered into for the pwpose 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 AGRF,:ED, in consideration of each party's promises and considerations herein set f0l1h, 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 fI-om 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 f6rth in this Agreement, however, Developer must conform to the requirements of the Albertville Zoning and Subdivision Ordinance, as well as all other applicable lfUld use regulations. Developer agrees that the following conditions will be met on a continuing basis: . A. 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. B. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit B. 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 ) / C. As a condition of approval of Said Plat, Developer shall also install two trees in all lots in the prior Albert Villas developments (Albert Villas, Albert Vinas Second Addition and Albert Villas Third Addition) except for the lots shown on the attached Exhibit C, on which Developer has already caused trees to be 2 . . installed (trees on lots shown on Exhibit C do not need to meet the diameter requirements of this paragraph). All such trees required to be installed lUlder this sub-paragraph shall have a trunk measurement of at least two and one-half inches in diameter, shall be installed at Developer's expense and shall be installed on each lot prior to the issuance of an occupancy permit for such lot. The Developer shall guarantee that all such trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. D. Developer shall, at its own expense, construct sidewalks in the locations shown in the attached Exhibit D at the time of road construction. E. Developer shall, at its own expense, construct trails as shown on the attached Exhibit D at the time of road construction. . F. Developer acknowledges that only the numbered lots shown on Exhibit A may be platted as buildable lots lUltil and lUlless Kagan A venue is extended to Highway 18. Developer further acknowledges that access location to Highway 18 is subject to the review and approval of Wright COlUlty. G. The Developer shall install uniform mailboxes. H. The Developer shall file property owners association covenants against all Lots in Said Plat, said covenants 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. I. The Developer 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. The applicant shall also fIle deed restrictions with the Wright COlUlty Recorder of Deeds for all lots adjacent to or containing wetlands, storm water ponds, or which are adjacent to Wright COlUlty Ditch No.9 indicating that no structures can be built within 30 feet of wetlands, storm water ponds or Wright County Ditch No. 9. All such deed restrictions shall be subject to the approval of the City Attorney. 1. 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 thirty (30) foot wetland setback building restrictions, the . location of all future parks within Said Plat, and the location of all sidewalks, 3 " . trails and easements. Developer a!:,rrees that the aforementioned sales literature will be distributed to all potential lot buyers within Said Plat prior to the sale of any of said lots by Developer. K. 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. L. A temporary turn-around facility and roadway easement shall be provided at the northeast end of Kagan Avenue and the west end of 49th Street until such time as Kagan Avenue is extended to Highway 18 and 49th Street is extended as a public street accepted by the City of St. Michael. The turn-around facility shall conform to the cul-de-sac requirements of the City's subdivision ordinance and shall be subject to review and approval by the City Engineer. M. Pipeline Easement Restrictions. Lots 3, 4, 10, and 11, Block 3, and Lots 14, 15, . 16, 19, and 20, Block 2 of Said Plat are subject to a pipeline easement in favor of American Oil Company as described in Document Number 165533 and in Book 5 of Miscellaneous, Page 546, of the Wright County Recorder's Office and shall be restricted in use in the following manner so long as said American Oil Company pipeline easement remains valid: Within this easement, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material 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 channels 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 authority or utility company is responsible. ) N. Electrical Easement Restriction. Lots 1 through 6 of Block 1, and lots 1 through 2 of Block 2 of Said Plat are subject to transmission line easements in favor of Northern States Power Company, its successors or assigns (hereinafter refened . 4 793973 \ , . to as "NSP"), as described in Wright County Recorder Document No. 250955 and 251129 (hereinafter referred to 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 temporary or permanent, including, but nor limited to outbuildings or accessOl)' buildings shall be placed or permitted to remain within the Easements. . 2. Non-Building Improvements/Landscaping. No fence, wall, patio or other structure, nor any wire, pipe, path, walkway, tree, hedge, driveway or exterior ornament 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 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 purposes. 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 supported earth must be maintained from structures for the transmission line maintained within the Eas~ments. 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. Fill around or above steel structure foundations is not permitted. Grades around structures must provide for smface water run-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. . 5 793973 "" Specific plans for any such excavation or grading around 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 electrical 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 performing the work must arrange for a line outage in accordance with the procedures established by NSP. O. Other Use Restrictions. On all lots within 30 feet of any wetland, storm water management pond or Wright County Ditch No.9, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material 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 channels 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 authority or utility company is responsible. No Owner or other . person shall apply any fertilizers or herbicides within fifty (50) feet of any drainage easement. 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 Albert Villas Fourth Addition, as prepared by Plow Engineering, Inc. dated August 14, 2001 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, alo~g with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2002, with the wear course of bituminous pavement to be installed after May 15, 2003, but befpre October 31, 2004. B. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvemerits that all such improvements 6 . v , . . . , \ have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the swface 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 constmct 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 necessary) during the constmction 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. 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, benning, and like items as necessary, street cleanup during 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 portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. 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 control, drainage swales and belming, 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 7 " . ) 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. Electrical power supply, to be provided by Xcel Energy or other such camer; 11. Natural gas supply, to be provided by Reliant Energy or other such camer; lll. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; IV. Cable TV service, to be provided by a local callier; In addition, the Developer shall, at its own expense, cause street lights to be installed at such locations as required by the City Engineer. Street signs shall also be installed of such type and at such locations as required by the City Engineer and in conformance with the Manual on UnifOlm 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 E. Developer agrees to install all utilities according to this Exhibit E. 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 prior to the date that a certificate of occupancy (temporary or pelmanent) is issued ) by the City for a building located on the lot, unless the certificate of . 8 . . . occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. F. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit F. 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. The City and Developer agree that the numbered lots in Said Plat are intended only for single-family residential use in the number and the configuration as are shown on Said Plat. Developer shall construct only one single family dwelling per numbered lot, unless Said Property is rezoned by the City in the future into a classification which would allow additional units to be constructed. Outlot A is intended to be replatted for development in the future. Upon replatting of Outlot A, Developer shall convey to the City in fee simple absolute a portion of said Outlot shown as Outlot A on the preliminary plat and consisting of shoreline of Swamp Lake for the purpose of preserving and protecting said shoreline. 5. Surety ReQuirements. I 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 $1,292,900.00 representing the sum of 100% of the estimated cost of the Municipal Improvements ($1,067,000.00), 500/0 of the on and off-site improvements ($38,400.00), and 150% of the estimated cost for landscaping/screening matelials ($187,500.00). 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 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, 9 . to reimburse itself for costs incuned 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 waITanty 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, to the extent of the costs identified in this agreement. . E. That portion of said cash, in"evocable 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. In the event a surety referred to herein is in the fmID 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 Oliginalletter 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 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 10 . , , " . . . surety for the continued obligation. The fonn 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. On- and Off-site Improvements, and/or Landscaping 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 MlUlicipal 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 MlUlicipal Improvements or the on- and off-site improvements or the Landscaping 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 frrst year of the wa.1Tanty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period, and the City shall retain the letter of credit or surety in the amount of 25% of the estimated landscaping costs for two years from the time of the installation of said landscaping materials. ill. 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. II . C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 7. Abandonment of Proiect - 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 undel1aken 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 fiom 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 necessroy to provide ground- cover and otherwise restore Said Plat to the point where undeveloped grounds 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 understood 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 engineeling 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 voluntaIily waives all lights to appeal said special assessments under Minnesota Statutes section 429.081. Developer has the right to request time sheets or work records to veIify said billing prior to payment. . 12 . . . , , 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 snictly complied with as set forth in the attached Exhibit F. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Drainal!e Reauirements. 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 Damal!ed or Cluttered Durinl! 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 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 OCCUlTIng 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 occuning 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 property 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 neceSSaIY legal action to recover such c.osts aIld 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 voluntalily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 13 ,I . 12. Temporary Easement Ri1!hts. 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 necessmy work pursuant to this Agreement. 13. Miscellaneous. A. Developer agrees that all constlUction 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 plior 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, matelialmen, 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. 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 (including the expiration of the walTanty period), 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, 10, 13, 14, 15, 16,17,18,19,20,21,25. 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: 14 . ) . . subdivision ordinances, zoning ordinances, and environmental regulations. Developer agrees to obtain all required federal, state and local permits. 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. 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 Conunitment 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, Wright County Soil and Water District and/or any applicable provisions of State and Federal law. I. Developer shall not place any stmcture 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 IOO-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, tlle 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 Al!reernent. . 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 date of deposit in the United States Mail. Upon failme to cure by Developer, the City may thence immediately and without notice or consent of the 15 ,I ., '1 . 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 under Minnesota Statutes section 429.081. B. Notwithstanding the 30-day notice period provided for in paragraph 14A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it tmder 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 effOlts 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 14A 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. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. . D. Breach of any of the terms of this Contract by the Developer shall be grounds 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: ) . 16 J <, .. '\-, . . . 1. Developer shall dedicate easements to the City over, Wlder and across all trails to the City in a form and with legal descriptions acceptable to both the City Engineer and City Attorney. 2. Developer shall dedicate drainage easements to the City over, Wlder and across all drainage ponds located in Said Plat. 3. Developer shall dedicate a temporary easement in a form acceptable to the City Attorney and City Engineer dedicating temporary cul-de-sacs for Kagan Avenue N.E. and 49th Street. Said temporary easements shall be released at such time as said Kagan A venue and 49th Street are extended as paved streets dedicated to and accepted by the city in which said extension lies. Developer shall pave cul-de-sacs to the City's specifications at Developer's expense at such time as the Developer paves the streets in Said Plat. The lots over which such easements shall be placed are as follows: a. Lot 6, Block 4; b. Lot 28, Block 2; c. Lot 6, Block 1; d. Lot 1, Block 2. 4. Developer shall dedicate to the City all roads, road and trail right-of-ways, curbs, gutters, sewers and water mains and utility easements located within Said Plat. Prior to the City's acceptance of said dedications, 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 Dedication Fees: Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for the numbered lots in Said Plat, Developer shall pay the City a cash payment totaling $96,000 (64 lots x $1,500.00 per lot) Said park dedication fees shall be paid prior to the release of Said Plat by the City. 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 17 793973 t " . 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 ~omprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 17. Indemnitv. Developer shall hold the City and its officers and employees harmless fi'om 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 attomey's fees. Third parties shall have no recourse against the City under this contract. 18. Assi1!nment 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 agrees to pay a trunk sewer charge in the amount of $63,,630.00, representing $1,400 per acre of Said Plat multiplied by 45.45 acres contained in Said Plat (excluding Outlot A). In addition, prior to release of Said Plat, Developer agrees to pay a trunk water charge in the amount of $54,540.00 representing $1,200 per acre of Said Plat multiplied by 45.45 acres contained in Said Plat (excluding Outlot A). Developer agrees to pay said amounts prior to the City's release of Said Plat. 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 telms of this Agreement. The Developer will also pay all reasonable attomey's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other sw'ety furnished by the Developer as provided herein. . 18 '\ . \ . . . . 22. 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. 23. Intel!ration Clause4 Modification by Written Al!reement 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 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 Albennnlle,~ 55301 Telephone: (763) 497-3384 Edina Land Corporation 700 Industry A venue Anoka, MN 55303 Attention: Rick Lewondowski Telephone: (763) 323-9086 25. Al!reement Effect. This Agreement shalllUTI with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. [J~ ~ 19 793973 EDINA DEVELOPMENT CORPORATION ~2-,,~~ - Ify Rick LeWQ.ndowski Its President C\ STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) foregoing instnnnent was acknowledged before me this /5 t day of 2002, by John A. Olson as Mayor of the City of Albertville, a esota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. J1ty/J C ~ Notroy Public ~.aQ; MICHAEL e. eQURI ~..~5 NOTARY PUBLIC - MINNESOTA ~._..~ My Comm. Exp. Jan. 31, 2005 ~ foregoing instnnnent was acknowledged before me this ( ~ r day of _ :> 2002, by Linda Goeb, as Clerk-Administrator of the City of All," 'ne, a Minnesota mWlicipal corporation, on behalf of the city and pursuant to the authority of the City Council. . STATE OF MINNESOTA) ) S5. COUNTY OF WRIGHT ) 9};;;JJ C~ Notroy Public ST ATE OF MINNESOTA) ArY\V (l ) 55. COUNTY OF ~ ) The foregoing instrument was acknowledged before me this /.p day of .0::;r-111J Y' '1 . ' 2002, by Rick LeWllUdowski, as President of Edina Development ~rpm~oo. ~ W . LONA L. McCUMBER , NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1-31-2005 . . .i 20 793973 . ;~ RETURN TO: . . DRAFTED BY: Couri and MacArthpr Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 21 793973 ''\ ') ) t ..~ 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 Villas Fourth Addition Plat): Lots 1-6, Block 1 Lots 1-28, Block 2 Lots 1-24, Block 3 Lot 1-6, Block 4 Outlot A All said property in Albert Villas Fomth Addition plat, City of Albertville, County of Wright, Minnesota. 22 793973 . . . -/ . . . _'Lo.,nsc :.;OTT..5 ~;.:~!=:i~--:~=_ : ~~~~~~: i ;g;';:;';;~.=- ! ::il::~::o.."if):. 1?1~~ I~ ~~~'=- ~ ~--- fr,flI"'" r.- . ....~... - <~.:;~ '. F ,~/.Ui ~ ~n'.I;, ~ ~~ .... ....- , ~_ "'v. uW-~" JiL:l i':~~" ,r..c;- ..~~. ~ ___ .,. =-- a:-=.o;:lr.. __--.... J. ..... 'Zlo,--- /'. ....... R:: . : -~, '~... Sf'" ~...... ,'<<AI" . ....._ lR.: J;;..'!1IB 2lii'~c.u.. - ~ -- ~ 8'Hi-~::,,~-i! 5iii'~..:mmt1 0~--1II'''' ~ ::I' =: ~-- ~~~ I,':' '-, ~.--'~ :l____ " ~..~ S~.~- -----!l 0;- . .. ..i - .:- --=-:~::. ""- ..' _:- :~::: rl_i-., ..,. _i ..,,- .. ....-., '!. :." : 1----- ..... l' _.", , :-:-~;r~5 :-:F'"~ ,A::Dt7;:"'N "CST LA~DSCAPE p~-.-! ~iM . ........ IN. -="-==-:~5.;a .........- ':E-ff.:.'.:=:-e:=.=" =...:r'J'_"!""t- D'""'l -- .*-. ~ """--'" ~ "'-"""' f '17T' ~LJ , ....."':11I" .~ 793973 " . EXHIBIT C The Developer has already planted trees on the following lots and need not plant any additional trees such lots: In Albert Villas Plat: In Albert Villas Second Addition Plat: . Lot 9, Block 6 I Lot 13, Block 6 Lot 1, Block 6 Lot 30, Block 3 Lot 5, Block 4 Lot 21, Block 3 Lot 29, Block 3 Lot 23, Block 3 Lot 27, Block 3 Lot 26, Block 3 Lot 14, Block 3 Lot 6, Block 1 Lot 7, Block 3 . in Albert Villas Second Addition plat, Wright County Minnesota, and In AlbeIt Villas Plat: Lot 6, Block 2 Lot 2, Block 2 Lot 10, Block 3 Lot 3, Block 4 Lot 4, Block 4 Lot 5, Block 4 Lot 7, Block 3 ) in AlbeIt Villas plat, Wright County Milmesota, 24 . 793973 . F';::(5LIMINA~""" F'LAi .( MlilC,AilON F'L..AN ar AL..65!OCi YILLA~ 4i~ AOOlilON .C=I .= '\0':" :..........~-~.... ~~~o.:::Cl.lrr....::.... -~o "":..6-.- ..~. ~_~U,)QJ ~L" -.J~ J: .).~.. :~~::'.~.-;;-.:. ~"";>t!lC SC.'I.:..! ....:::-q-. :fi llJo.GU :..-, .:t0Cll'1 ........::11II, --- .- ._- '~"'" tl;.'::-:::~ M....'_.;c.;-.; I I I ~ I i I ! ~t' ! fr. ~~. -'J = ;- -.!'":;loO.!._..:-.... ....;ll........._..,;..... "_.f1OC'" _.fI.... 1:_OflL'"I...... _.~ _I""" I("'~ <- .~... 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CITY OF ALBERTVILLE - ALBERT VILLAS 4TH A DOmON CONSTRUCTION PLANS FOR SANfTARY SEWER, WATERMA/N, STORM SEWER and STREETS YICNTY ~ '<~.',~ - - -- ~ ~ I r --; -i:~'.' - --'-..-" ----.,...~------ - t ) I ~\\ I a ztI . i [ Ii I , I 4 I " ~ ....- -.....,. -"*- -1l.IC.UI.....1M" _...........~-..lIoon s- ... ...." _ru.- - ..... on _..-..~-..........~.u S"*..._~_ -.- ""'_...,, ~""'-m.r.'I-""" S'I'C*"'oIlIICI~_""1T ~.......~ - Ol..eat u'l:. ~-ar fA. S1CIIII"-IIOe"'~ ,.,.... ,..,.... ~.;'~:;!.;;~~. - ."" =-:;:~:~~ ::. . -- - - .~. ., PLOltE' ENCt/'EEJ'INQ Nt:. .'_~A1tDtaI~ 1II(7WJ_ QIIIIQI~_J4I#'_~ ::=~=.:':'~'_--:" ....., . .- . ;""'~4F;'.o .,:. (~./Ot ) [1112] ..:; ..........--.-- . 793973 ) . ) ~~-j ---.--..=-___.. __u ______. _~. .. ) -_.- 01, - I .... l "'. . _ ~~ --.... ~R~ - ........-.- ..--.--- ~ III-=~~JJ j '~~ . 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J g.:1 ,0, ,~." ......T , ~~"'k": )?:. .\' ... .' i L" ,'J . I _. " ~/ ~ . >~ ~ , It' Jl=t~[llli.fit j (: fj,'UIl' / . .'! ~~ '~/._, ~ ',~,cr.', ltl ~'Hfj . Iff", /17] >.' ffifi-7,1~ f}; ~'_.. -~\ J,i:~J; ~:i#J'ij, ~~7fj ~ '1" ~/';F ~ii~ I - I /. i/~ w ~,,- II/', IfJ)l.. . _____ I. /<.. "4;$1.: l/i N .'( '/7'i!i;"j,. ;/),'JliYJ"5,i' " _'_=;.~~___~:_-~-- .- 'M ,1U, -"" li~ '" '>:11 ,- '" uJi",.I. ~ I, ( .. .. ! '.w,;:., .~ ~ ,,- ", '.-.! 'J. 1,1 ~r~ _ J I "l~~\" . =,.~ -'" .~_. ~,';: 'e p~ fl I-~~'E! ! ,"hJ r ,-"",'~ ''''o<-r T' . . '" :..i :y.V.... $=-C'''',,~._ ,- ,,+ II"," _', . __. ">! ,. , ,. '" 'l~~, ,/~, :rti3.l[tlr:7i .~ 0' ......... , "_...;; ~-,-;." ?;.-..:c.'Yg, Wi ~;;, ). ......., II ,il'~! .. '---i?'"" , ~_~ . '~:.~ ~ ~~ : '--,.,. ~~-::;. . 793973 . . . f, .~ Michael C. Couri- Andrew J. MacArthur Robert T. Ruppe-- David R. Wendorf COURI & MACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacarthur@pobox.com . Also licensed in fllinois "Also Ikensed in Californill July 30, 2003 Mike Thomas Edina Development Authority 700 Industry Avenue Anoka, Minnesota 55303 Re: ~i11&4~'1Uld61IhAddltklll Cltanges to Developer's Agreements, Dear Mr. Thomas: Enclosed please fmd an agreement to modify the Developer's Agreements for the 3rd, 4th and 6th Additions by deleting the reference to a homeowners association from the relevant paragraph of each agreement. This requested change in our view merely removes inapplicable language and does not change or modify the obligations of the parties. The modification to the Developer's Agreements must be approved by the City Council Our office acting as City Attorney will recommend that the City Council adopt the amendment agreement. If you have any questions or comments please contact me. Sincerely, ~ David R. Wendorf Couri & MacArthur cc. City of Albertville . CITY OF ALBERTVILLE AMENDMENTS TO THE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENTS FOR ALBERT VILLAS TIDRD, FOURTH AND SIXTH ADDffiONS THIS AGREEMENT, entered into this day of , 2003 by and between EDINA DEVELOPMENT CORPORATION referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; . WITNESSETH: . WHEREAS, The City and the Developer entered into a Conditional Use/Planned Unit Development Agreement for Albert Villas Third Addition Plat, dated April 6, 2001, recorded as document number 738770 on file and of record at the Wri~t County Recorder's Office, State of Minnesota; a Conditional Use/Planned Unit Development Agreement for Albert Villas Fourth Addition Plat dated April 1, 2002, recorded as document number 793973 on file and of record at the Wright County Recorder's Office, State of Minnesota; and a Conditional UselPlanned Unit Development Agreement for Albert Villas Sixth Addition Plat dated May 30, 2003, recorded as document number 854983 on file and of record at the Wright County Recorder's Office, State of Minnesota; all 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 Plats and the conditions imposed thereon: WHEREAS, Developer requests certain changes in the language of the Conditional Use/Planned Unit Development Agreements for Albert Villas Third, Fourth and Sixth Additions; . 1 . . . '. NOW, THEREFORE, IT, IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. That all of the provisions, obligations, understandings and covenants of the parties concerning the development of the Said Plats and the conditions imposed thereon as set forth in the Conditional Use/Planned Unit Development Agreements for Albert Villas Third, Fourth and Sixth Additions remain in full force and effect except those portions of said agreements which are specifically amended by this agreement. Both parties acknowledge that this amendment agreement, unless otherwise expressly stated, is not intended to relieve the parties their heirs or assigns of any of the obligations, understandings or covenants concerning the development of Said Plats and the conditions imposed thereon as set forth in the Conditional UseIPlanned Unit Development Agreements for Albert Villas Third, Fourth and Sixth Additions. 2. That Section 1 Paragraph D of the Conditional Use/Planned Unit Development Agreement for Albert Villas Third Addition dated April 6, 2001, recorded as document number 738770 on file and of record at the Wright County Recorder's Office, State of Minnesota; and Section 1 Paragraph H of the Conditional UseIPlanned Unit Development Agreement for Albert Villas Fourth Addition dated April 1, 2002, recorded as document number 793973 on file and of record at the Wright County Recorder's Office, State of Minnesota; and Section 1 Paragraph F of the Conditional UseIPlanned Unit Development Agreement for Albert Villas Sixth Addition dated May 30, 2003, recorded as document number 854983 on file and of record at the Wright County Recorder's Office, State of Minnesota; are amended to read as follows: The Developer shall file a declaration of protective covenants against all Lots in Said Plat, said covenants 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. 2 0" CITY OF ALBERTVILLE, By Its Mayor By Its Clerk EDINA DEVELOPMENT CORPORATION By Rick Lewondowski Its President STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of . 2003, by Don Peterson 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 3 . . . . . . / .. '.to STATE OF MINNESOTA) ) 5S. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of . 2003, 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. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day. of . 2003, by Rick Lewondowski, as President of Edina Development Corporation. Notary Public Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 612)497-1930 4 / ' . . . CITY OF ALBERTVILLE AMENDMENTS TO THE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENTS FOR ALBERT VILLAS THIRD, FOURTH AND SIXTH ADDITIONS THIS AGREEMENT, entered into this ~ day of ~ ' 2003 by and between EDINA DEVELOPMENT CORPORA nON referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, The City and the Developer entered into a Conditional Use/Planned Unit Development Agreement for Albert Villas Third Addition Plat, dated April 6, 2001, recorded as document number 738770 on file and of record at the Wright County Recorder's Office, State of Minnesota; a Conditional Use/Planned Unit Development Agreement for Albert Villas Fourth Addition Plat dated April 1, 2002, recorded as document number 793973 on file and of record at the Wright County Recorder's Office, State of Minnesota; and a Conditional UseIPlanned Unit Development Agreement for Albert Villas Sixth Addition Plat dated May 30, 2003, recorded as document number 854983 on file and of record at the Wright County Recorder's Office, State of Minnesota; all 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 Plats and the conditions imposed thereon: WHEREAS, Developer requests certain changes in the language of the Conditional Use/Planned Unit Development Agreements for Albert Villas Third, Fourth and Sixth Additions; 1 . NO'V, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. That all of the provisions, obligations, understandings and covenants of the parties concerning the development of the Said Plats and the conditions imposed thereon as set forth in the Conditional Use/Planned Unit Development Agreements for Albert Villas Third, Fourth and Sixth Additions remain in full force and effect except those portions of said agreements which are specifically amended by this agreement. Both parties acknowledge that this amendment agreement, unless otherwise expressly stated, is not intended to relieve the parties their heirs or assigns of any of the obligations, understandings or covenants concerning the development of Said Plats and the conditions imposed thereon as set forth in the Conditional UseIPlanned Unit Development Agreements for Albert Villas Third, Fourth and Sixth Additions. 2. That Section 1 Paragraph D of the Conditional Use/Planned Unit Development Agreement for Albert Villas Third Addition dated April 6, 2001, recorded as document number 738770 on file and of record at the Wright County Recorder's Office, State of Minnesota; and Section 1 Paragraph H of the Conditional UseIPlanned Unit Development . Agreement for Albert Villas Fourth Addition dated April 1, 2002, recorded as document number 793973 on file and of record at the Wright County Recorder's Office, State of Minnesota; and Section 1 Paragraph F of the Conditional Use/Planned Unit Development Agreement for Albert Villas Sixth Addition dated May 30, 2003, recorded as document number 854983 on file and of record at the Wright County Recorder's Office, State of Minnesota; are amended to read as follows: The Developer shall file a declaration of protective covenants against all Lots in Said Plat, said covenants 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. . 2 '\ . . . CITY OF ALBERTVILLE, By-::D~ ~ Its Mayor BY~'~ Its Clerk "" EDINA DEVELOPMENT CORPORATION By Rick Lewandowski Its President ST ATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this tr.fi day of ~ ' 2003, by Don Peterson 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. ?JJJ (~ Notary Public ~ MICHAEL e. eQURI .l~~~ NOTARY PUBLIC. MINNESOTA ....~. M, "'mm. ',po J,". 31,2005 ,N~", 3 " ST ATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2003, by Bridget Miller, 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) ) S5. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2003, by Rick Lewandowski, as President of Edina Development Corporation. Notary Public Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 4 . . .