2001 Development Agreement
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DEVELOPER'S\PLANNED UNIT DEVELOPMENT AGREEMENT
Albertville Plaza
THIS AGREEMENT, entered into this day of , 2001 by and
between ALBERTVILLE PLAZ~ LLC, 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:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit ~ attached hereto and incorporated herein by reference, which
parcel(s) ofland are 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 Plaza", The real property described in Exhibit A shall hereinafter be referred to
as the "Subject Property" or "Said Plat"; and
WHEREAS, the City has given preliminaty approval of Developer's Development
Stage plan of Albertville Plaza contingent upon compliance with certain City requirements
including, but not limited to, matters set forth herein; and
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within the Subject Property, which improvements consist of
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
storm water ponding, municipal water, sanitaty sewers, storm sewers, drainage swales,
street cleanup during project development, erosion control, and other site-related items; and
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WHEREAS, this Agreement is entered into for the purpose of setting forth and .
memorializing for the parties and subsequent owners, the understandings and agreements of
the parties concerning the development of the Subject Property;
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 On- and OfT-Site 1m provements.
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, storm water ponding,
municipal water, sanitary sewers, storm sewers, drainage swales, private
streets, berming, and like items as necessary, street cleanup during project
development, and erosion control, all as required by City ordinance including
those items shown on the Utility Plan (attached hereto as Exhibit B) and the
Grading Plan (attached hereto as Exhibit C). All such improvements shall be
constructed according to the plans and specifications dated
as prepared by Loucks Associates, and according to the standards adopted by
the City, along with all items required by the City Engineer and/or City
Planner. Unless the City Engineer specifies a later date, said improvements
shall be installed no later than October 31, 2001, with the exception of erosion
control, which shall be installed immediately upon initial grading of Said Plat,
and with the exception of the fmal layer of bituminous pavement on the
parking lot, which may be placed no later than June 30, 2002.
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B. 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.
C. Notwithstanding the requirements of subparagraph lA above, prior to the
issuance of a certificate of occupancy for a building on any given lot in Said
Plat, Developer shall have installed to the City's satisfaction said on- and off-
site improvements on the lot.
Use of Property. 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:
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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 and except
that the uses on the lots in Said Plat shall be limited to the following unless
otherwise agreed to by the City Council and Developer:
1. Lot 1: Multi-tenant retail, office and coffee shop.
11. Lot 2 and Outlot A: Professional office, bank, hoteVmotel, daycare,
retail sales, restaurant, and auto service.
m. Lot 3: Restaurant.
All such uses must receive site plan approval from the City Council prior to the
issuance of building permits.
B. The Developer may erect no more than 2 pylon signs to a height no greater than
1033 feet above sea level (as measured from the benchmark elevation of979.219
at bridge disc on bridge at east Interstate 94 and Wright County Highway No. 19)
or 75 feet, whichever is less. The total square footage of both pylon signs added
together must not exceed 400 square feet. The Developer may allocate the 400
square feet of sign area between the two signs as the Developer sees fit. The
pylon signs shall contain signage related to the particular business uses located on
Said Plat. The pylon signs may only be installed upon lots 1 and 3, Block 1 of
Said Plat.
C. Developer may erect one monument (ground) sign per lot, provided said
monument signs are no higher than 10 feet in height and provided the sign face
(excluding the sign base) is no larger than 40 square feet in area per sign.
Developer may install building signage in accordance with the sign age allowed in
the B-3 zoning district, but may not place such signs on the rear of buildings
facing residentially zoned areas. The monument signs shall contain signage
related to the particular business uses located on the lot on which the sign is
located.
D. At the time of the replatting of Outlot A into a numbered lot, the Developer
shall make available to the property owner bordering Outlot A on the south
("Adjacent Property," the legal description of said Adjacent Property is
attached as Exhibit D) a reciprocal access easement extending from the public
street located between Outlot A and Lot 3 south to the southerly border of Said
Plat according to the following terms:
1.
The access easement shall be of the same width as the private street
easements between lots on Said Plat.
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11. In the event the Developer uses the access easement area to access .
any portion of the property now known as Outlot A, and in the event
the Adjacent Property actually connects to said easement, the access
easement may require the owner of the Adjacent Property to pay a
reasonable proportion of the cost of the construction any portion of
the private street or access built by Developer over said easement,
. said reasonable proportion to be determined by the City Council at
the time of platting of the Adjacent Property, with the owner of the
Adjacent Property paying 100% of the cost of construction of any
private street or access not already constructed by Developer over
the easement access area and 100% of the cost of any restoration
work necessary to assimilate said private street or access into the
existing parking improvements of Developer.
111. In the event the Adjacent Property actually connects to said
easement, the owner of the Adjacent Property shall be required to
pay a proportion of the cost of maintenance of the private streets on
Said Plat as determined by the City Council.
IV. Prior to any use of the access easement by the Adjacent Property,
Developer may require the owner of the Adjacent Property to
provide a reciprocal easement to Developer for access purposes on
any service road constructed on the Adjacent Property and which .
connects to the access easement.
v. At the time of replatting of Outlot A, Developer shall provide the
City with the location and configuration of the easement access,
which must be acceptable to the City and is intended to act as a
service road to connect to the Adjacent Property. Said easement shall
be approved by the City Attorney as to form and content, and shall be
recorded on the property records at the Wright County Recorder's
Office.
E. Developer shall establish an access and utility easement agreement providing for
access to all lots over the private roadways shown on Exhibit E and providing for
the maintenance of utilities and ponding consistent with the Utility Plan in areas
described as "easement" on Exhibit E. Said easement shall be approved by the
City Attorney and recorded on the property records at the Wright County
Recorder's Office.
F. Developer shall be permitted to construct a building on Lot 3, Block 1 for
restaurant use in substantially the same location, configuration, size and materials
as shown on the attached Exhibit F. In the event Developer constructs said
building, Lot 3, Block I shall be landscaped in accordance with the attached .
Landscape Plan incorporated herein as Exhibit G and lighting is to be installed in
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accordance with the Lighting Plan (attached hereto as Exhibit H). Signage on
said Lot 3, Block 1 shall be substantially similar to that shown on the attached
Exhibit I, except that Developer may also install one of the pylon signs described
in paragraph 2.B. above on Lot 3, Block 1. All improvements required to be
installed under this paragraph shall be installed at Developer's expense.
G. Developer shall be permitted to construct a building on Lot 1, Block 1 for the
uses described in paragraph 2.A.i. in substantially the same location,
configuration, size and materials as shown on the attached Exhibit 1. In the event
Developer constructs said building, Lot 1, Block 1 shall be landscaped in
accordance with the attached Landscape Plan incorporated herein as Exhibit K
and lighting is to be installed in accordance with the Lighting Plan (attached
hereto as Exhibit L). Signage on said Lot 1, Block 1 shall be substantially similar
to that shown on the attached Exhibit M, except that Developer may also install
one of the pylon signs described in paragraph 2.B. above on Lot 1, Block 1. All
improvements required to be installed under this paragraph shall be installed at
Developer's expense.
H. In the event the Developer operates a restaurant on any lots in Said Plat, the
City may require Developer to install and operate odor control scrubbers with
the restaurant uses.
3.
Maintenance of Streets. Utilities and Pondinl!.
A. The streets, curb, gutter, municipal water, sanitary sewer, storm sewer, and
ponds in Said Plat shall remain private and the cost of maintenance of these
items must be borne by the lots in Said Plat in accordance with the terms of the
Maintenance Agreement attached as Exhibit N to this Agreement.
B. The City shall have the right to enter upon all easement areas at any time for
inspection and maintenance purposes.
4. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or other
surety as approved by the City Attorney) as security that the obligations of the
Developer under this contract shall be performed. Said letter of credit or
surety shall be in the amount of $10,000. 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
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improvements, erosion control, and other such measures), to reimburse itself .
for costs incurred in the drafting, execution, administration or enforcement of
this Agreement, to pay special assessments not timely paid by Developer, or
to othetWise 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.
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E. That portion of said cash, irrevocable letter of credit or other surety with
respect to the perfonnance 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 form of an irrevocable letter of
credit, which by its terms may become null and void prior to the time at
which all monetary or other obligations of the Developer are paid or satisfied,
it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior
to the expiration of the original letter of credit. If a new letter of credit is not
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.
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5. Surety Release.
A. 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.
2. When all or a portion of the on- and off-site improvements have been
installed, the letter of credit or surety may be reduced by the dollar
amount attributable to that portion of improvements so installed.
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 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
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 gronnd-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,
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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
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.
8. 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 necess8l)' by the City Engineer should the erosion control plan prove
inadequate in any respect.
9.
Maintain Public Property Damae:ed or Cluttered Durin!! 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 watennain,
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
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, 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.
10. Temporary Easement Ri!!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 necessary work pursuant to this Agreement.
11. 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. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
delays in completion of public improvements and damage to public
improvements caused by the 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.
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 Property. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of title
updated by an abstract company registered under the laws of the State of
Minnesota.
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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.
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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 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, the elevation of the line of permanent aquatic
vegetation shall be used as the estimated high water elevation. When fill is
required to meet this elevation, the fill shall be allowed to stabilize and
construction shall not begin until the property has been approved by the
Building Inspector or a professional soils engineer.
1. If required by the City Fire Chief, the owner of any lot in Said Plat on which a
building is proposed to be constructed shall provide the City Fire Chief with a
detailed analysis of the proposed building's compliance with the rITe 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 performed by or for the
City.
K.
Developer shall guarantee that all new plantings as required by Exhibits G;
and K shall survive for two full years from the time the planting has been
completed or will be replaced at the expense of the Developer.
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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.
12. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon completion of all construction work and
certification of completion by the City Engineer, shall make the following
dedications to the City:
1. Developer shall dedicate drainage and utility easements to the
City over, under and across all drainage ponds located in Said Plat as
the same are identified on the attached Exhibit C.p
3. Developer shall dedicate to the City all utility easements shown .
on Said Plat.
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B. Developer acknowledges and agrees that in order to satisfy the City' spark
dedication requirements for Said Plat, Developer shall pay $7,385 per acre for
all lots developed as numbered lots. Said Plat consists of 5.42 acres of
numbered lots. Therefore, Developer shall pay the City a cash payment
totaling $40,027. At such time as Developer replats Outlot A into a numbered
lot, the Developer shall pay the City park dedication amounts due under the
applicable ordinance in effect at the time of such replatting.
13. Indemnitv. 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.
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14. Wastewater Treatment Plant Expansion. Developer acknowledges and agrees that
the City is currently in the process of expanding its wastewater treatment plant
capacity. Until such time as said expansion is completed, the Albertville City
Council reserves the right to allocate wastewater treatment capacity in a manner it
finds to be in the best interests of the public health, safety and welfare.
15. Assie: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.
16. Ae:reement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successor and assigns of the parties hereto.
17. Violation of Ae: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
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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 3D-day notice period provided for in paragraph 19(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 efforts 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. Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits and/or occupancy permits until said breach is
remedied.
18.
Phased Development. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases until public
improvements for all prior phases have been satisfactorily completed. Development
of subsequent phases may not proceed until Development Contracts for such phases
are approved by the City. Approval of this phase of the Development shall not be
construed as approval of future phases nor shall approval of this phase bind the City
to approve future Development phases. All future Development phases shall be
governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development phases
are approved by the City.
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19. Limited Aporoval. 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.
20. 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.
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21. 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. Inte2ration Clause. Modification bv Written Ae: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.
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
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
. Telephone: (612) 497-3384
Albertville Plaza, LLC
Suite 104, 75 Viking Drive
Little Canada, MN 55117
With a copy to:
Ron Groth
Groth Law Firm, Ltd.
222 South Ninth Street
Suite 2960
Minneapolis, MN 55402-3369
24. Ae:reement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
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John Olson
Its Mayor
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Linda Goeb
Its Clerk
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By
ALBERTVILLE PLAZA, LLC
By
Its: Chief Manager
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2001, by John Olson as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
.
The foregoing instrument was acknowledged before me this day of
, 2001, 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
, 2001, by Reginald A. Plowman, as Chief Manager of Albertville
Plaza, LLC.
Notary Public
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DRAFfED BY:
Couri and MacArthm 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 and 3, Block 1
Outlot A
Albertville Plaza, according to the plat of record on ftle in the Wright COlmty
Recorder's Office, Wright County, Minnesota.
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Lot I Landscape Plan
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Lot 1 Lighting Plan
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MAINTENANCE AGREEMENT BY AND BETWEEN
THE CITY OF ALBERTVILLE AND
THE OWNERS OF LOTS WITHIN ALBERTVILLE PLAZA ADDITION
FOR THE MAINTENANCE OF REAL PROPERTY
LOCATED IN THE CITY OF ALBERTVILLE,
WRIGHT COUNTY, MINNESOTA
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CITY OF ALBERTVILLE
MAINTENANCE AGREEMENT
FOR LOTS IN ALBERTVILLE PLAZA ADDITION
AGREEMENT, made this day of February, 2001, by and between the CITY OF
ALBERTVILLE, a municipality of the State of Minnesota ("City") and ALBERTVILLE
PLAZA, LLC, a Minnesota limited liability company and its successors and assigns as the term
"Owner" is hereafter defined.
1. DEFINITIONS. The following terms, unless elsewhere defined specifically in
this Agreement, shall have the meanings as set forth below:
a.
OWNER(S). Owner initially shall mean Albertville Plaza, LLC, a Minnesota
limited liability company. It is acknowledged that Owner intends to sell the lots
in the Plat. Each and all subsequent assignees of the Property or any portion
thereof shall collectively be deemed to be an Owner for the purpose of this
Agreement. If any portion of the Property becomes subject to a contract for deed,
the contract for deed vendee shall deemed to be the Owner unless the contract for
deed specifies otherwise and notice thereof is given to the City. In the event of an
assignment, transfer or conveyance of the ownership of any of the Property
without retaining any beneficial interest other than under the terms of a mortgage
or without simultaneously acquiring a new interest on such parcel by way of
leasehold, life estate or other possessory interest, then the obligations hereunder
will be deemed assigned, transferred and conveyed to such transferee, assignee, or
grantee; the obligations will be deemed assumed by such transferee, assignee or
grantee with the interest so acquired. Not withstanding the foregoing, any
mortgagee who takes title to such parcel by foreclosure or deed in lieu of
foreclosure shall be liable to perform the obligations burdening such Property
pursuant to this Agreement.
b. PLA T. Plat means the Plat of Albertville Plaza on file and of record in the office
of the Wright County Recorder comprising of real property located in the City of
Albertville, Wright County, Minnesota. Said Plat consists of Lots 1 through 3,
Block 1, and Outlot A. If Outlot A is subsequently replatted into one or more
lots, it shall include such replatted Outlot A.
c. PROPERTY Property means the real property within the Plat owned by the
Owner.
d.
SANITARY SEWER. Sanitary sewer shall mean all sanitary sewer pipes and
appurtenances constructed in the Plat but shall not include the stubs to the
individual lots within the Plat. It shall also include any subsequently installed
sanitary sewer as part of any replatting of Outlot A but shall also exclude any
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stubs to individual lots that are platted as part of Outlot A. The legal description
for the easement area of the portion of the Plat for sanitary sewer is set forth on
the attached Exhibit A.
e.
STREETS. Streets shall mean those roadways installed in the Plat as presently
reflected on the Plat together with any additional roadway that may hereafter be
constructed on Outlot A. The legal description for the area for streets is set forth
on Exhibit B.
f
STORM SEWER. Storm sewer shall mean all storm sewer pipes and
appurtenances constructed in the Plat. It shall also include any subsequently
installed storm sewer as part of any replatting of Outlot A. The legal description
for the easement area of the portion of the Plat for storm sewer is set forth on the
attached Exhibit C.
g.
STORM WATER PONDS. Those portions of the Plat which have been set
aside as storm water ponds as legally described in the attached Exhibit D into
which storm water drains.
h.
WATER MAIN. Water main shall mean the water pipes and appurtenances
constructed in the Plat but shall not include the stubs to the individual lots within
the Plat. It shall also include any subsequently installed water pipes as part of the
replatting of Outlot A, but shall not include any stubs to individual lots that are
platted as part of Outlot A..
2. MAINTENANCE BY CITY. The City shall maintain, repair, and replace the
sanitary sewer, storm sewer, streets, storm water ponds, and water main in the same manner and
with the same degree of care as if they were owned by the City. Such maintenance shall include
snow removal, street sweeping, and other maintenance and repair typically performed by the
City.
3. MAINTENANCE COSTS. The City will periodically bill the Owner for its
costs of performing the services under this Agreement. Such costs shall be reasonable and in
proportion to the actual costs of the City performing such services. The total costs shall be
allocated among the lots in the Plat in proportion to their square footage which is as follows:
Lot 1, Block 1
Lot 2, Block 1
Lot 3, Block 1
Outlot A
25.56%
15.96%
15.88%
42.60%
TOT AL 100%
. Such charges shall be invoiced to the Owner and shall be due and payable by the Owner within
thirty (30) days after invoicing ("Due Date") by the City. Bills not paid by the Due Date shall
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incur the standard penalty and interest established by the City for utility bills within the City. If .
any such payment is not made, the City may certify to Wright County the amounts due and
payable with real estate taxes in the next calendar year; the parties agree that such certifications
may be made under Minnesota Statutes, Chapter 444 or Chapter 429 in a manner similar to
certifications for unpaid utility bills. The Owner hereby waives any and all procedural and
substantive objections to the imposition of such charges on the respective lots. Further, the
Owner hereby waives any and all procedural and substantive objections to special assessments
for the aforementioned reasonable costs, including, but not limited to, notice and hearing
requirements, and any claims that the charges or special assessments exceed the benefits to the
lot. The Owner waives any appeal rights otherwise available pursuant to Minnesota Statutes
Chapter 429.081.
4. INDEMNIFICATION OF CITY. Owner shall indemnify, defend and hold the
City, its council, agents, employees, attorneys, and representatives harmless against and in
respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties, and
attorney's fees, that the City incurs or suffers which arise out of, result from, or relate to the
City's performance of its duties hereunder.
5. ADJOINING PROPERTY. As a condition of approving the Plat and entering
into this Agreement, the City has required that the adjoining property legally described in the
attached Exhibit A have the right to connect to the streets located in the Plat at the option of the
Owner of said adjoining property and the City. If such adjoining property utilizes the streets, .
then the City shall reallocate the costs of maintenance of the streets set forth in Paragraph 3
above to account for the use by the owners of the adjoining property.
6. TERMINA TION OF AGREEMENT. The City may terminate this Agreement
at any time after March 1, 2016 by giving the Owners one (1) year notice of such termination.
The Owners shall have six (6) months from the time of such notice to form a legal entity in
which all of the Owners have joined to carry on the maintenance obligations of this Agreement.
Such entity and the terms of such maintenance obligation shall be subject to the approval of the
City and appropriate documents shall be recorded with the Wright County Recorder to reflect
such new agreement. If the Owners fail to take such action within six (6) months, the City shall
form a legal entity for the Owners, which such entity shall be obligated to assume all
maintenance, repair and replacement duties delineated in paragraph 2 above, and in such event,
the Owners appoint the City as their attorney-in-fact for purposes of executing all necessary
documentation to create said legal entity and obligate the Owners to reimburse said entity for all
costs incurred by said entity in performing its duties under paragraph 2 above. In the event the
City must form this entity, Owners agree to pay all costs, including all applicable attorney's fees,
the City incurs related to the creation of said entity. The Owners shall have an interest in such
entity and an obligation to pay maintenance costs in the same proportion as the percentages set
forth in Paragraph 3. The City shall reallocate the percentage for Outlot A when it is replatted
among the replatted lot(s).
7. NOTICES. All notices given or required to be given if directed to the City shall .
be directed to: City of Albertville, c/o City Clerk, P. O. Box 9, Albertville, Minnesota 55301.
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All notices to the Owners shall be to the address to which real estate tax statements are sent to
each of the Owners.
8. MISCELLANEOUS. This Agreement constitutes the entire agreement between
the parties pertaining to maintenance. This Agreement shall be governed by Minnesota law. It
is the intention of the parties that this Agreement be recorded with the Wright County Recorder
and that all Owners and subsequent Owners of the Property shall be bound by the terms and
conditions of this Agreement.
CITY OF ALBERTVILLE
a Municipality of the State of Minnesota
By
John Olson
Its Mayor
and
By
Linda Goeb
Its Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2001, by John Olson, the Mayor and Linda Goeb, the Clerk of
the City of Albertville, a municipality under the laws of the State of Minnesota, on behalf of the
City of Albertville.
Notary Public
ALBERTVILLE PLAZA, LLC
a Minnesota Limited Liability Company
By
Reginald A. Plowman
Its Chief Manager
tl."~{~
STATEOFMINNESOTA )
)55.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2001, by Reginald A. Plowman, the Chief Manager. of
Albertville Plaza, LLC, a Minnesota limited liability company, on behalf of the limited liability
company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Groth Law Firm, Ltd.
222 South Ninth Street
Suite 2960
Minneapolis, MN 55402-3302
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