2002-05-06 Development Agreement
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DEVELOPER'S\PLANNED UNIT DEVELOPMENT AGREEMENT
Albertville Business Park
THIS AGREEMENT, entered into this to ~ay of May, 2002 by and between
DARKENW ALD REAL EST ATE, L TO, individually, referred to herein as "Developer";
and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City" all of which are collectively referred to herein as "the Parties";
WITNESSETH:
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WHEREAS, Developer is the fee owner and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which real
property is proposed to be subdivided and platted for development, and which subdivision,
which is the subject of this Agreement, is intended to bear the name "Albertville Business
Park" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject PropeIty";
and
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WHEREAS, Developer intends to subdivide 25.02 acres into four buildable
commercial lots; and
WHEREAS, the City has given preliminaIY approval of Developer's plat 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, sanitary sewer, municipal water, and
storm sewer (hereafter "Municipal Improvements") be installed to serve the Subject
Property and other properties affected by the development of Developer's land, to be
installed and financed by Developer; and
WHEREAS, the City fmther requires that ceItain on- and off-site improvements be
. installed by the Developer within Said Plat, which improvements consist of paved streets,
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boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
parking lot, drainage swales, storm water ponding, benning, street signs, street cleanup
during project development, erosion control, and other site-related items; and
WHEREAS, this Agreement is entered into for the putpose 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. Construction of Municipal Improvements.
B.
A.
The Developer has petitioned the City to construct and install the Municipal
Improvements located on and off Said Plat as detailed in the Plans and
Specifications for Albeltville Business Park, as prepared by RLK Kuusisto,
Ltd., dated , 2002 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. The City
may contract with one or more contractors to install said Municipal
Improvements and storm water pond and specially assess the cost of said
Municipal Improvements to Developer. Developer has agreed to be
assessed for 100% of the cost of said Municipal Improvements and storm
water ponding (said costs estimated to be $368,368.00), and hereby waives
the right to appeal $368,368.00 of such assessment to the Wright County
District Court pursuant to Minn. Stat. ~ 429.081. All such improvements
shall be constructed according to the standards adopted by the City, along
with all items required by the City Engineer.
The City may, as part of the contract for the installation of the Municipal
Improvements or as a separate contract, construct and install passing lanes,
turn lanes and acceleration lanes (collectively "Highway 19
Improvements") as required by Wright County at the intersection of Wright
County State Aid Highway No. 19 and the City street planned to be
constructed immediately to the east of Said Plat and which shall serve said
plat. In the event the City constructs said Highway 19 Improvements, and
in recognition of the fact that said Highway 19 Improvements will benefit
Said Plat, Developer agrees that the numbered lots in Said Plat may be
special assessed a portion of the total cost (including construction,
engineering, fmancing and legal expenses) of said Highway 19
Improvements. Developer and City estimate Developer's share of the
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passing lane, turn lane and acceleration lane costs to be $16,716.50.
Developer hereby waives the right to appeal $16,716.50 of such Highway
19 Improvements assessment to the Wright County District Court pursuant
to Minn. Stat. ~ 429.081.
C.
The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times as the City may deem
necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs incurred by the City
during said inspections.
2. Construction of On- and OfT-Site Imorovements.
A.
Developer shall construct all on- and off-site improvements including
installation of boulevards, yard top soil, sod and seed in all lots, 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. All
yards shall be seeded with grass seed or sodded with grass. 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.
Unless the City Engineer specifies a later date, said improvements shall be
installed no later than October 31,2003, with the exception of erosion control,
which shall be installed immediately 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:
1. Electrical power supply, to be provided by Wright Hennepin Electric
or other such carrier;
11. Natural gas supply, to be provided by Reliant Energy or other such
camer;
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Telephone service, to be provided by SprintlUnited Telephone
Company or other such 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 confOlmance with the Manual on Uniform Traffic
Control Devices.
C. Developer shall install silt fencing in back of all curbing within 30 days after said
curbing is installe<L or 7 days after the "small utilities" (gas, phone, electrical and
cable television) have been installe<L whichever occurs sooner. Developer shall
be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot
for the pwpose 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.
D. Notwithstanding the requirements of subparagraph 2A above, the Developer or
its successor shall install to the City's satisfaction improvements for each lot or
parcel prior to the date that a certificate of occupancy (temporary or permanent)
is issued by the City for a building located on the lot, unless the certificate of
occupancy is issued after October 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.
E. All storm water retention/water quality ponds and basins on Said Plat shall be
maintained by the Developer. Developer shall establish shared drainage
easements for all lots which shall drain into a common pond. Said easements
must meet the approval of the City Attorney and shall be recorded on the
property records of the affected lots. Developer shall provide the City with
perpetual drainage easements over such ponds and the City shall have the
right, although not the obligation, to maintain such ponds if the Developer
fails to do so. In such event, Developer authorizes the City to specially assess
any or all numbered lots on Said Plat for all costs incurred by the City in
maintaining said ponds, and Developer waives the right to appeal such
assessment to the Wright County District Court pursuant to Minn. Stat. S
429.081.
F. All said Improvements shall be installed at Developer's expense. If the City
determines that it is necessary to have the City Engineer or other inspector on
site for any portion of the installation of said Improvements, Developer shall
reimburse the City for all inspection costs incurred by the City.
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G.
Upon sale of a lot in Said Plat to a third party, Darkenwald Real Estate, Ltd.' s
obligation to perform the requirements of paragraphs 2.A, 2.D. and 2.E. with
respect to such sold lot shall cease, but the new owner of such lot shall remain
bound by the obligations of said paragraphs.
3. Use ofProDertv. Developer's use of Said Plat shall be consistent with the following
restrictions, which shall be effective until further modified or amended by rezoning
or other amendment of the planned unit development by the City Council:
A. Said Plat has been approved as a planned unit development ("PUD"). The
provisions of the City's B-3 zoning district (as amended from time to time) shall
apply to the lots in Said Plat, except as modified by this Agreement.
B. Prior to the issuance of a building permit for any buildings on any of the
numbered lots of Said Plat, Developer or its successor shall submit a site plan,
landscape plan, lighting plan, and signage plan acceptable to the City for the lot
proposed to be built upon, and, upon issuance of the building permit, shall adhere
to such approved site plan, landscape plan, lighting plan and signage plan.
C. The sale of gasoline or other vehicle fuels shall not be allowed on any of the lots
in Said Plat.
4.
Surety Reauirements.
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$385,084.00 representing the sum of 1000/0 of
the estimated cost of the Municipal Improvements, including Highway 19
Improvements. Said letter of credit or surety must meet the approval of the
City attorney as to form and issuing bank.
B. As an alternative to providing the surety described in paragraph 4.A. above,
Developer may elect not to provide the City with a surety, provided all of the
following are met:
1.
The City chooses to construct the Municipal Improvements and
specially assess the costs of said Municipal Improvements against one
or more of the numbered lots in Said Plat; and .
The Developer executes a personal guarantee in favor of the City
guaranteeing the payment of the special assessments when due; and
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Develop provides documentation satisfactory to the City Attorney that
$125,000.00 of the special assessments to be levied against Said Plat
will be paid for within 45 days of the recording of Said Plat and this
Developer's Agreement.
D. The City may draw on said letter of credit or surety to complete work not
performed by Developer, 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.
E. 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.
F. In the event a surety referred to herein is in the form of an iI.revocable 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 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.
5. Surety Release.
A. The Developer may request of the City a reduction or release of any surety as
follows:
I. When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
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2.
When all or a portion of the special assessments have been paid, the
letter of credit or surety may be reduced by the dollar amount
attributable to that portion of the special assessments so paid.
3. Upon issuance of an occupancy permit for any lot upon which special
assessments remain outstanding, Developer's guarantee shall be
reduced by the amount of such special assessments remaining
outstanding on said lot, provided the estimated cost to construct the
structure for which the occupancy permit has been obtained exceeds
said outstanding special assessment.
3. As to all requests brought under this paragraph, the City Council shall
have complete discretion whether to reduce or not to reduce said letter
of credit or surety.
B. 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.
Abandonment of Proiect - Costs and Expenses. In the event Developer should
abandon the proposed development of the Subject Propelty, 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
undertaken in reliance upon Developer's various assertions shall be paid by said
Developer within thirty (30) days after receipt of a bill for such costs 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 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 withdraw funds from the above-mentioned surety for the purpose
of paying the costs referred to in this paragraph.
7.
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 engineering expenses incurred by the City in approving and inspecting
said Improvements described above. Developer agrees to pay all such costs within
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30 days of billing by the City. Developer has the right to request time sheets or work
records to verify said billing prior to payment.
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8. Sanitary Sewer and Water Trunk Line Fees.
A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires
the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are
25.02 acres in Said Plat. Therefore, the Sanitary Sewer Trunk Line Fees for this plat
are $35,028.00 ($1,400.00 x 25.02 acres). Developer will pay said fee prior to the
release of the fmal plat by the City.
B. Developer agrees that the City's Water Trunk Line Fee Ordinance requires the
Developer to pay $1,100.00 per acre in water trunk line fees. There are 25.02 acres
in Said Plat. Therefore the water trunk line fee for Said Plat is $27,522.00
($1,100.00 x 25.02 acres). Developer will pay said fee Plior to the release of the fmal
plat by the City.
9. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved Grading, Drainage and Erosion Control
Plan shall be strictly complied with as set forth in the attached Exhibit C, and as
required by City ordinance. 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. Maintain Public Property Damae: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 and/or utility systems damaged or
cluttered with debris when occurring as a direct or indirect result of the construction
that takes place in Said Plat. In the event the Developer fails to clean up, maintain or
repair the damaged public property mentioned above, the City shall provide the
Developer with a Notice of its intent to clean up, repair, or maintain such public
property. Developer shall have ten (10) days from the date of mailing of such notice
to effect such clean up, repair or maintenance of said public property to the
satisfaction of the City Council, provided, however, that Developer shall
immediately clean up or repair any public property damage deemed by the City
Engineer to be an imminent safety hazard or an imminent cause of pollution or water
quality degradation. In the event that Developer fails to so clean up, repair or
maintain said public property, the City may undertake making or causing it to be .
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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. lfthe Developer fails to pay said bill within thirty (30)
days, funds sufficient to pay the bill may be taken from the Tax Increment otherwise
due the Developer and/or specially assessed against any or all lots within Said Plat.
11.
Temporary Easement Riehts. 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.
12.
Violation of Al!reement.
A.
In the case of default by the Developer, its successors or assigns, of any of the
covenants and agreements herein contained, the City shall give Developer
thirty (30) days mailed notice thereof (via certified mail), and if such default
is not cured within said thirty (30) day period, the City is hereby granted the
right and the privilege to declare any deficiencies governed by this Agreement
due and payable to the City in full. The thirty (30) day notice period shall be
deemed to run from the date of deposit in the United States Mail. Upon
failure to cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations under
this Agreement, and bring legal action against the Developer to collect any
sums due to the City pursuant to this Agreement, plus all costs and attorney's
fees incurred in enforcing this agreement. The City may also specially assess
all said costs incurred upon default against the properties in Said Plat pursuant
to the terms of this agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph 15(A)
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 under this agreement in an effort to
prevent, reduce or otherwise mitigate such irreparable harm 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 ineparable
harm or safety hazard, and the intended actions of the City to remedy said
harm.
C. Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits and occupancy permits until said breach is
remedied.
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13. Miscellaneous.
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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 related to the development of Said Plat caused by the
Developer, its contractors, subcontractors, materialmen, employees, agents, or
third parties during construction of improvements on Said Plat.
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.
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.
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 Propelty. 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.
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H.
Developer shall comply with all water and wetland related restrictions, if any,
required by the City of Albertville and/or any applicable provisions of State
and Federal law.
I. Developer shall not place any structure at an elevation such that the lowest
grade opening is less than two feet above the highest known swface water
level or ordinary high water level or less than one foot above the 1 aD-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 flil 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.
1.
If required by the City FiTe Chief, the owner of any lot in Said Plat on which a
building is proposed to be constructed shall provide the City Fire Chiefwith a
detailed analysis of the proposed building's compliance with the fire code
then in force in the City, or, at the election of the City Fire Chief, said owner
shall pay the reasonable cost of such an analysis if penormed by or for the
City.
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K. Developer shall guarantee all new plantings required as part of any landscape
plan shall survive for two full years from the time the planting has been
completed or will be replaced at the expense of the Developer.
L. 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.
14. 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 constmction
work and certification of completion by the City Engineer, shall dedicate all
roads, road and trail right-of-ways, curbs, gutters, sewers and water mains to
the City. Acceptance by City of any dedication shall occur upon passage of a
resolution to such effect by the City Council.
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B. Developer acknowledges and agrees that in order to satisfy the City's park .
dedication requirements for Said Plat, Developer shall pay $S,OOO.OO per acre
for all land in Said Plat, except for any portion of the Plat which is identified as
wetlands or outlots. There are 18.62 acres in Said Plat upon which park
dedication is due (net of wetlands and outlots). Therefore, Developer shall pay
the City a cash payment totaling $93,100.00.
15. Indemnitv.
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A. Developer shall hold the City and its officers, employees and agents 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, employees and agents for
all costs, damages or expenses which the City may payor incur in consequence
of such claims, including attorney's fees. Third parties shall have no recourse
against the City under this contract.
B. Upon sale of a lot in Said Plat to a third party, Darkenwald Real Estate, Ltd. 's
obligation to Indemnify under paragraph IS.A. above with respect to such sold
lot shall cease, but the new owner of such lot shall remain bound by the
obligations of said paragraph IS.A., unless the City has provided Developer
notice of default prior to said sale and said default remains uncured, in which
case Developer's obligation to indemnify shall not be released until said default
is cured and all costs incurred by the City related to said default have been
indemnified.
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16. Asshznment 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, except as expressly permitted elsewhere in this Agreement.
17. Ae:reernent Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successor and assigns of the parties hereto.
18. Phased Develooment. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if Developer is in breach
of this Agreement. 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,
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Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time
such future Development phases are approved by the City.
19.
Limited Approval. Approval of this Agreement by the City Council in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
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.
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.
22. Intei!ration Clause. Modification bv Written Ai!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 ofhoth parties.
23. 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
do City Clerk
P.G. Box 9
Albertville, MN 5530 I
Telephone: (612) 497-3384
Darkenwald Real Estate, Ltd.
C/o John Darkenwald
7535 N.E. River Road
Elk River, MN 55330
763-441-3700
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24. A2reement Effect. This Agreement shall be binding upon and extend to the .
representatives, heirs, successors and assigns of the parties hereto.
John Olson
BY~
Linda Goel>
Its Clerk
,9Jd--
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DARKENW ALD REAL EST A TE, LTD.
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
ffie foregoing instrument was acknowledged before me this L;6{ day of
, 2002, by John Olson as Mayor of the City of Albertville, a
Minne ota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council. . ~C~
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STATE OF MINNESOTA)
) 5S.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this { d day of
~ ' 2002, by Linda Goeb, as Clerk-Administrator of the City of
Nbe 'lIe, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council. ~ C "-J
Notary Public
14 MICHAEL C. CQURI
NOTARY PUBLIC - MINNESOTA
My Comm. Exp. Jan. 31,2005
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STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
e foregoing instrument was acknowledged before me this b ~ day of
2002, by John Oarkenwald as President of Oarkenwald Real Estate,
u ~
~ fAJL ~
- otmy Public {J ,
Ltd.
BARBARA JO MILLER
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31,2005
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
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EXHmIT A
The legal description of the property which is the subject of this Developer's Agreement is
as follows:
Lots 1, 2, 3 and 4, Block 1
Outlot A
Outlot B
Albertville Business Park, according to the plat of record on file in the Wright
County Recorder's Office, Wright County, Minnesota.
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