2005-08-12 CUP PUD AgreementCITY OF ALBERTVILLE
CONDITIONAL USE /PLANNED UNIT DEVELOPMENT AGREEMENT
HUNTERS PASS ESTATES
THIS AGREEMENT, entered into this _� day of _ a4t , 2005 by
and between Hunters Development, LLC, a Minnesota limited liability company
collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE,
County of Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
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
real property is subject to the provisions of this Agreement; and
WHEREAS, Developer has received preliminary plat approval for the
residential subdivision shown on Exhibit L (the "Preliminary Plat") and shall
hereinafter alternately be referred to as the "Development" and the Developer will
submit final platsfor these lands in phases over the course of several years.
Developer has requested approval of the final plat of "Hunters Pass Estates" as
shown on Exhibit B (also referred to as "Said Plat" or "Subject Property"). This
Agreement shall serve as a master agreement for all of the Development and as a
primary Developer's Agreement for Said Plat.
WHEREAS, the City has given final approval of Said Plat contingent upon
compliance with certain City requirements including, but not limited to, matters set
forth herein; and
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WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading,
sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter
"Municipal Improvements") be installed to serve the Development and other
properties affected by the development of Developer's land, to be installed and
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 boulevards, top soil and sod, grading control per lot, bituminous or
concrete driveways, parking lot, drainage swales, berming, street signs, street lights,
street cleanup during project development, erosion control, landscaping, and other
site -related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning the Development of Said Plat and the conditions
imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each parry's promises and considerations herein set
forth, as follows:
1. Conditional Use/Planned Unit Development. The Development is hereby
allowed to be developed as a Conditional Use/Planned Unit Development
with flexibility from the strict requirements of the City's Shoreline
Regulations and Zoning Ordinance in relation to selected items detailed in
this paragraph.
A. It is the Developer's and City's intent that a total of 93 single-family lots
be located on the Development. The Subject Property subject to this
Agreement consists of a total of 63 single-family lots. Developer agrees
that it shall not construct any dwelling units other than one single-family
detached dwelling unit per numbered lot on the land in the Development.
B. Developer shall record the Final Plat and this Developer's Agreement no
later than September 30, 2005.
C. All grading, drainage, utility, wetland mitigation, and transportation issues
that arise during development of Said Plat shall be subject to review and
approval by the City Engineer.
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D. Developer shall construct all lot structures consistent with the directory of
setbacks attached as Exhibit C. Setbacks for each lot shall meet the
following minimum standards:
Front yard setback
See Exhibit C
Side yard setback
5 feet (garage side)
Side yard setback
10 feet (living space)
Side yard setback
See Exhibit C
Rear yard setback
See Exhibit C
All homes constructed on the lots shall be located within the building pad
area shown on Exhibit H on file with the City Clerk.
E. No rear yard or side yard variances shall occur.
F. All single-family units shall be designed and constructed consistent with
architectural standards attached hereto as Exhibit D.
G. Developer shall install permanent markers identifying the buffer edge
along the entire shoreland and wetland boundaries. The number,
placement location and the nature of the markers are subject to City
review and approval.
H. Placement of a Monument Sign.
i. Subject to City Council approval of the height, sign face size
and design, Developer shall be permitted to install a permanent
monument sign identifying the subdivision on Outlot A in the
location shown on the attached Exhibit K.
ii. Developer shall maintain said Sign in good repair at all times
until ownership of such sign is transferred to the
Homeowners' Association. Such transfer shall occur when
maintenance of other common areas is transferred from
Developer to the Homeowners' Association. Upon transfer to
the Homeowners' Association, the Homeowners' Association
shall maintain the area upon which the Sign is located in a
manner free of weeds and shall keep said area mowed in
accordance with City ordinances at all times during which the
Sign remains in place.
iii. In the event Homeowners' Association fails to maintain the
Sign or the area around the Sign within 7 days of mailing of
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written notice by the City requesting the Homeowners'
Association to perform such maintenance, the City shall have
the right, but not the obligation, to: 1) maintain the Sign and
the easement area; or 2) remove the Sign and restore the turf
where the Sign was installed. In such event, the City may bill
the Homeowners' Association for the City's cost of
maintenance and removal, and the Homeowners' Association
shall reimburse the City for all such costs within 30 days of
billing by the City. In the event the City removes the Sign,
the Sign shall become the property of the City and the City
shall have the right to dispose of the Sign in any manner it
sees fit without paying any compensation to Homeowners'
Association for the loss of such Sign.
I. Developer shall establish a Homeowners' Association, which shall be
responsible for maintaining all common elements including but not
limited to sidewalks, monument sign, shoreland and wetland markers,
perimeter berming, trails, sidewalks (including snow plowing), the park
located in the Development, and cul-de-sac islands. The Association
documents shall prohibit the use of fertilizers containing phosphorous and
provide for mandatory penalties for violation of the CUP/PUD
requirements related to shoreland and wetlands. The Association
documents shall also contain the City approved architectural standards.
The documents establishing said Homeowners' Association shall meet the
approval of the City Attorney and shall be recorded on the property
records of the affected lots. In the event the Developer chooses to include
the lots in the Homeowners' Association in phases, no building permit
shall be issued for any lot, which is not first governed by such
Homeowners' Association.
J. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit E. Said plan shall
include the planting of two trees (2" minimum caliper) per lot. The
Developer shall guarantee that all new trees shall survive for two full
years from the time planting has been completed or will be replaced at the
expense of the Developer. The landscaping corresponding to each
building shall be installed within 30 days after the issuance of a certificate
of occupancy.
K. Developer shall replace, at its own expense, any plantings as shown on
attached Exhibit E that might be damaged during the construction of any
future phases of the development. Developer shall guarantee that all
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plantings replaced pursuant to this paragraph shall survive for two full
years from the date of planting.
L. Developer shall design and implement a wetland buffer area planting plan,
subject to City review and approval, which enhances or restores said area
with a combination of grasses, shrubs and trees appropriate to compliment
the natural habitat.
M. The Developer shall file deed restrictions with the Wright County
Recorder of Deeds for all lots adjacent to or containing wetlands or storm
water ponds indicating that no structures can be built within 30 feet of
wetlands. All such deed restrictions shall be subject to the approval of the
City Attorney.
N. Other Use Restrictions. On all lots within 30 feet of any wetland, the
native vegetation within said 30 feet of the wetland shall not be
fertilized or mowed or otherwise disturbed. On all lots within 30 feet of
any wetland, no structure, including, but not limited to, outbuildings or
accessory buildings, fence, planting, fill 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 phosphorus -
based fertilizers or herbicides on any lot containing wetlands or
shorelands.
O. Prior to the sale of any lot(s) within the Development, Developer shall
provide the City with a copy of the sales literature identifying the required
thirty (30) foot wetland setback building restrictions, the location of all
future parks within the Development, and the location of all present and
future sidewalks, trails and easements. Developer agrees that the
aforementioned sales literature will be distributed to all potential lot
buyers within the Development prior to the sale of any of said lots by
Developer.
P. The Developer shall pay the City $283,674.00 for road improvements
necessitated by the Development, including the improvement of 70d,
Street which the City intends to improve pursuant to an anticipated future
agreement between the City and the City of Otsego. Developer agrees
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that its properties in the Development may be specially assessed in the
amount of said $283,674.00, with said special assessment payable over a
three year period, provided however, that if the City enters into a contract
for the construction of 70'' Street, the Developer will pay $141,837.00
within 30 days of the City's request for payment and upon such payment,
the City shall reduce the initial $283,674.00 special assessment by
$141,837.00. Developer agrees to waive its right to appeal the special
assessments authorized in this paragraph to the Wright County District
Court pursuant to Minn. Stat. 429.081 on any grounds, including any
statutory or constitutional grounds that otherwise may have been available
to Developer. Developer agrees to waive any procedural irregularities in
the special assessment proceedings.
Q. Construction of Large Avenue.
i. Developer understands and agrees that the construction of
Large Avenue according to the plans attached as Exhibit F is
necessary to serve as an access point to the Development as
well as to the property adjoining the Development on the west
property line of the Development ("Adjoining Property"). At
the time of the signing of this document, it is not known
whether the Development or the Adjoining Property will fast
plat property abutting Large Avenue. Developer agrees that if
it plats property abutting large Avenue prior to the Adjoining
Property, Developer shall construct the entire width of Large
Avenue consistent with plans and specifications as required by
the City Engineer. In such event, Developer shall pay one-half
of the cost of the construction of Large Avenue and the owner
of the Adjoining Property shall pay the other half pursuant to a
separate agreement with the City.
ii. In the event the Adjoining Property is the first to plat property
abutting Large Avenue, the owner of the Adjoining Property
shall construct Large Avenue and Developer shall pay the
owner of the Adjoining Property one-half of the cost of
constructing Large Avenue.
iii. All such payments made pursuant to paragraphs 2.Q.i. or 2.Q.ii.
shall be made within 30 days of billing by either party,
provided the City Engineer has first confirmed that the costs
billed for approximately correspond to quantities installed.
Engineering costs incurred by the City in the design and
inspection of Large Avenue as well as any other costs incurred
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by the City related to the construction of Large Avenue shall be
included in the costs of construction of Large Avenue, and
Developer agrees to pay one-half of such costs incurred by the
City within 30 days of billing by the City. Any billing dispute
which may arise between the Developer and the owner of the
Adjoining Property shall not be a basis for delay in the
completion of Large Avenue.
iv. Prior to the release of Said Plat, Developer shall provide the
City free of charge with permanent street easement over that
portion of Large Avenue which is located on the Development
and shall also provide the City with temporary construction
easements over the Development necessary for the City to
cause Large Avenue to be constructed in the event the Adjacent
Property owner constructs Large Avenue. Said easements are
shown on the attached Exhibit I.
R. There shall be no parking on one side of all designated local streets on
said plat that are 28 feet in width and Developer shall install appropriate
permanent no parking signage. The City Council may, in its discretion,
allow parking on said streets at any time in the future.
S. Developer shall install all sidewalks and trails pursuant to the sidewalk
and trail plan attached as Exhibit G.
T. Developer may construct five model homes on Lots 1-5, Block 3 prior to
the installation of the first lift of bituminous surface being placed on the
road abutting said lots, provided that Developer first provides a separate
access to the model home lots, that the access is a minimum of 20 feet in
width, that the access is not located in the road right of way, and that the
access is passable and capable of supporting a fully -loaded fire truck at all
times. No occupancy permits shall be issued for such model homes until
the first lift of bituminous pavement is installed on the road abutting the
model homes.
3. 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
Hunters Pass Estates, as prepared by Meyer-Rohlin, Inc. dated May
18, 2005 and on file with the City Clerk, said improvements to include
installation of bituminous street, curb and gutter, sidewalks, water
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mains, sanitary and storm sewers, storm water ponding and site
grading, and trails. All such improvements shall be constructed
according to the standards adopted by the City, along with all items
required by the City Engineer. Unless the City Engineer specifies a
later date, said improvements shall be installed by October 31, 2005
with the wear course of bituminous pavement to be installed after June
30, 2006, but before September 15, 2006.
B. The Developer warrants to the City for a period of two years from
the date the City accepts the finished Municipal Improvements that
all such improvements have been constructed to City standards and
shall suffer no significant impairments, either to the structure or to
the surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all
contractors and subcontractors engaged to construct said
improvements on Said Plat. Should Developer fail to provide the
City with all applicable lien waivers, the City reserves the right to
draw upon Developer's surety and pay any contractors who
performed work on any Municipal Improvements and whom
Developer has failed to fully pay for the performance of said work.
D. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City
may deem necessary) during the construction and installation of
said Municipal Improvements. Developer agrees to pay for all
costs incurred by the City during said inspections.
4. 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, landscaping, ,
grading control per lot, bituminous or concrete driveways and parking
lots, drainage swales, berming, 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, 2006, with the exception of erosion control, drainage
swales and beaming, which shall be installed upon initial grading of
Said Plat, and except that the driveways and sod need not be installed
in a lot until that lot is developed (provided adequate ground cover has
been established prior to the development of such lot).
B. Developer shall, at its own expense, cause the following items to be
installed within the development, all such items to be installed in a
common trench 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:
i. Electrical power supply, to be provided by Xcel Energy or
other such carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other
such carrier;
iii. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier;
iv. Cable TV service, to be provided by a local carrier;
In addition, until such time as the City accepts the street portion of the
Municipal Improvements, the Developer shall, at its own expense,
cause streetlights and street signs to be of such type and to be installed
at such locations as required by the City Engineer and in conformance
with the Manual on Uniform Traffic Control Devices. The Developer
shall be responsible for streetlight operational expense until such time
as the City accepts the Municipal Improvements.
C. 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
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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. As an alternative to installing silt fencing in back of all
curbing as required by this subparagraph, Developer may, at its
expense, install sod no less than three feet in width in back of all
curbing, provided that if, in the judgment of the City Engineer, the
installation of silt fencing in one or more places is needed, the
Developer shall install such silt fencing at its expense upon request by
the City Engineer.
D. Notwithstanding the requirements of subparagraphs I.J. and 4.A.
above and except as otherwise provided in this Agreement, 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 permanent) is issued by the City for a building located on the lot,
unless the certificate of occupancy is issued after October 1 st and
before March 30th in any given year, in which case a certificate of
occupancy shall be issued with the requirement that the Developer be
required to install said on -and off -site items for such lot by the
following June 30t'.
E. Developer shall install storm water retention/water quality ponds and
basins upon the Development as shown on the Grading, Drainage and
Erosion Control Plan attached as Exhibit H. 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.
5. Surety Requirements.
B. 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 $2,230,380.00
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($2,041,200.00), 50% of the on and off -site
improvements ($39,000.00),150% of the estimated cost for
landscaping/screening materials ($94,500.00), and 100% of the cost of
mitigating and monitoring wetlands according to the approved wetland
mitigation plan ($55,680.00). Said letter of credit or surety must meet
the approval of the City attorney as to form and issuing bank.
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C. 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, 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.
D. 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 pay or 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.
E. 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.
F. That portion of said cash, irrevocable letter of credit or other surety
with respect to the performance of Site Improvements shall be released
upon certification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
F. 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
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for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance.
6. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off -site Improvements, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately
reduced for that portion of the Municipal Improvements and on- and
off -site improvements which have been fully completed and payment
made therefor. All such decisions shall beat 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:
i. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements or the on -
and off -site improvements have been installed, the letter of
credit or surety may be reduced by the dollar amount
attributable to that portion of improvements so installed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period. Developer may substitute a warranty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
iii. When all or a portion of the wetland work required by the
approved wetland mitigation plan has been completed.
iv. 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.
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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 Project - Costs and Expenses.
In the event Developer should abandon the proposed development of the said
Plat, 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 Development, 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 the Development to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion
from the Development and to facilitate mowing of the Development. 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.
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 the Development, as well as all reasonable
engineering expenses incurred by the City in designing, approving, installing,
and inspecting said Improvements described above. Developer agrees to pay all
such costs within 30 days of billing by the City. If Developer fails to pay said
amounts, Developer agrees to allow the City to reimburse itself from said surety
and/or assess the amount owed against any or all of the Development without
objection.
9. Sanitary Sewer and Water Trunk Line Fees.
Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and
Water Trunk Line Fee Ordinance currently requires the Developer to pay
$1,400.00 per acre and $1,200.00 per acre respectively, upon development of said
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Plat. There are 48.75 acres (which excludes Outlot C which shall be replatted at
a later date) in said Plat, which received final plat approval. Therefore, the
Sanitary Sewer and Water Trunk Line Fees for all property receiving final plat
approval are $126,750.00 ($68,250.00 in sewer fees calculated as $1,400.00 x
48.75 acres and $58,500.00 in water fees calculated as $1,200.00 x 48.75 acres).
Developer shall pay sanitary sewer and water trunk line fees on Outlot C at such
time as these outlots are platted into numbered lots and blocks.
10. 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 attached as Exhibit
H shall be strictly complied with. Developer shall also install all erosion control
measures deemed necessary by the City Engineer should the erosion control plan
prove inadequate in any respect.
11. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from the Development 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.
12. Maintain Public Property Damaged or Cluttered During 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 the Development. The
Developer further agrees to pay all costs required to repair the streets, utility
systems and other public property damaged or cluttered with debris when
occurring as a direct or indirect result of the construction that takes place in the
Development.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a
result of construction activity on the Development 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
the Development will be repaired within 14 days if not deemed to be an
emergency by the City.
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If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately 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 the
Development and/or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to attorney's fees incurred by the
City as a result of such legal action.
13. Temporary Easement Rights.
Developer shall provide access to the Development at all reasonable times to the
City or its representatives for purposes of inspection or to accomplish any
necessary work pursuant to this Agreement.
14. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense, except
that the sanitary sewer lift station on Said Plat and the water line under
Mud Lake shall be constructed and funded by the City as trunk
improvements.
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 City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council The City's failure
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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 the Development 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 the
Development 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 Development, Developer shall provide the City
with evidence of good and marketable title to all of the Development.
Evidence of good and marketable title shall consist of a Title Insurance
Policy or Commitment from a national title insurance company, or an
abstract of title updated by an abstract company registered under the
laws of the State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations. Th City may refrain from issuing
building permits until all work necessai y to establish the wetlands
required under the wetland mitigation r Ian has been completed.
I. The Albertville City Council reserves e right to allocate wastewater
treatment capacity in a manner it finds o be in the best interests of the
public health, safety and welfare. Devc Loper acknowledges and agrees
that the City is currently in the process f expanding its wastewater
treatment plant capacity. Developer er acknowledges and agrees
that delay in the availability of wastewater treatment plant capacity
may occur for some lots located within the Development and that such
delay in capacity availability may also delay the issuance of building
permits for some lots within the Development.
J. Developer shall not place any structure at an elevation such that the
lowest grade opening is less than two f et above the highest known
surface water level or ordinary high water level or less than one foot
16
above the 100-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 Building Inspector or a professional soils engineer has approved
the property.
K. Developer shall obtain all required driveway, utility and other permits
as required by either the City Engineer, Wright County and/or the
State of Minnesota.
15. Violation of Agreement.
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 the Development 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 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.
17
C. Paragraph 15A of this section shall not apply to any acts or rights of
the City under the preceding paragraph 5R, 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.
16. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to the Development, and upon completion of all
construction work and certification of completion by the City
Engineer, shall dedicate all roads, road and trail right-of-ways,
sidewalks, curbs, drainage and utility easements, gutters, ponds, parks,
sewers and water mains to the City. Upon acceptance of dedication,
Developer shall provide to the City with paper and electronic "As-
Builts" of all sewers, water mains acceptable to the City Engineer.
Acceptance by City of any dedication shall occur upon passage of a
resolution to such effect by the City Council.
B. Park, Trail and Outlot Dedications.
Park Dedication. The Developer hereby dedicates the park
shown on Said Plat to the City and the Developer agrees
that it shall construct, at its expense, park improvements
consistent with the plans attached as Exhibit J. Said park
improvement shall be constructed by October 31, 2005.
The Homeowners' Association shall be responsible for
maintaining this park in perpetuity in a manner and
frequency similar to the maintenance performed on other
public parks maintained by the City. In the event the
Homeowners' Association fails to so maintain the park,
the City may, but shall not be obligated to maintain said
park. In such event, the Homeowners' Association shall
18
reimburse the City for all costs incurred in maintaining
said park.
i. Trail Dedication. The Developer shall, at its expense,
construct the trails shown on the attached Exhibit G.
Once constructed, the Homeowners' Association shall
maintain the trails in perpetuity in a manner and frequency
similar to the maintenance performed on other public
trails maintained by the City. In the event the
Homeowners' Association fails to so maintain the trails,
the City may, but shall not be obligated to maintain said
trails. In such event, the Homeowners' Association shall
reimburse the City for all costs incurred in maintaining
said trails.
ii. Outlot Dedication. The Developer shall deed Outlots A
and B to the City.
17. Administrative Fee. A fee for City administration of this project shall be
paid prior to the City executing the Plat and this Agreement. Said fee shall
be three percent of the estimated construction costs of the Municipal
Improvements within the Plat. The administrative fee for this Plat is
$61,236.00. Seventy-five percent of this fee shall be paid upon issuance of
the final Plat with the remaining twenty-five percent of the fee to be paid
upon substantial completion of the Municipal Improvements.
18. Phased Development. If said Plat is a phase of a multi -phased preliminary
plat, Developer agrees that 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 the City approves Development Contracts for such phases. 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 Master Agreement, 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.
19. Indemnity. Developer shall hold the City and its officers and employees
harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from the Development approval and
19
development. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses that the City may pay or incur
in consequence of such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
17. Assignment of Contract. The obligations of the Developer under this
Contract can be assigned by the Developer. However, the Developer shall not
be released from its obligations under this contract without the express written
consent of the City Council through Council resolution.
18. 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.
19. Professional Fees. The Developer will pay all reasonable professional fees
incurred by the City as a result of City efforts to enforce the terms of this
Agreement. Said fees include attorney's fees, engineer's fees, planner's fees,
and any other professional fees incurred by the City in attempting to enforce
the terms of this Agreement. The Developer will also pay all reasonable
attorneys and professional fees incurred by the City in the event an action is
brought upon a letter of credit or other surety furnished by the Developer as
provided herein.
20. 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.
21. Integration Clause, Modification by Written Agreement Only. This
Agreement represents the full and complete understanding of the parties and
neither party is relying on any prior agreement or statement(s), whether oral
or written. Modification of this Agreement may occur only if in writing and
signed by a duly authorized agent of both parties.
22. 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: (763) 497-3384
20
Hunters Development, LLC
Attn: Matt Froelich
201 S. 7 h Street
P.O. Box 1166
Monticello, MN 55262
Telephone: 763-295-4146
Fax: 763-295-4178
28. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
BY �,,.�•G
It's Mayor
t �
By
It's Jerk
HUNTERS DEVELOPMENT, LLC
By: Matt Froelich
It's: Chief Manager
i
By: oe Huber
14t.' • Secretary
STATE OF MINNESOTA ) -
) ss.
COUNTY OF WRIGHT )
21
e forego' instrument was acknowledged before me this
day of , 2005, by Donald 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.
TORI ANN LEONHARDT �
NOTARY PUBLJ�C-MINNESOTA
My Comm. Exp. Jan. 31, 2009 Notary Nye
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
TIA foregoing instrument was acknowledged before me this lye -
day of , 2005, by Bridget Miller, as Clerk of the City of
Albertville, a Winesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
ff TORI ANN LEONHARDT
NOTARY PUBLIC-MINNESOTA
My Comm. Exp, Jan. 31, 2009
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
i
1 1I`
Notary is
The foregoing instrument was acknowledged before me this
day of LA4,wLk , 2005, by MaIr Crp,� d-\ , as c, v e4 /rw�n�,� of
Hunters Deve opment, LLC, a Minnesota limited liability company.
-------------
T1NA LOUISE LANNES
yCTARY PUBLIGMINNESOTA
,� M"y Comm, Exp. Jan 31, 2009
Notary Public
22
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this i a
day of A Lk CA L , 2005, by ace- W u.ku as Seca of
Hunters Devetdpment, LLC, a Minnesota limited liability company.
MTINA LOUISE LANNES
NOTARY PUBLIC-MINNESOTA Notary Public
My Comm. Exp, Jan. 31, 2W9AAA PAPA
DRAFTED BY:
Court, MacArthur & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
763 497-1930
23
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lots 1-4, Block 1
Lots 1-19, Block 2
Lots 1-9, Block 3
Lots 1-10, Block 4
Lot 1, Block 5
Lots 1-20, Block 6
Park
Outlot A
Outlot B
Outlot C
All said property is located in Hunters Pass Estates, City of Albertville, County of
Wright, State of Minnesota.
24
EXHIBIT B
Final Plat
EXHIBIT C
Directory of Setbacks
EXHIBIT D
Architectural Plans
EXHIBIT E
Landscaping Plan
EXHIBIT F
"Large Avenue" Plans and Specifications
EXHIBIT G
Sidewalk and Trail Plan
EXHIBIT H
Grading, Drainage and Erosion Control Plan
EXHIBIT I
Road Easement
EXHIBIT J
Hunters Pass Estates Park Plans and Specifications
EXHIBIT K
Monument Sign
EXHIBIT L
Preliminary Plat
25
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July 1, 2005
Revisions:
Hunter's Pass Estates - Phase I September 22,2005
Minimum Lot Setback Summary
Minimum Setbacks are as follows: Front-30, Rear-30, Garage Side-5, Home Side-10
(All dimensions are in feet, N-North, S-South, E-East, W West, C-Center)
* NOTE: Front setback dimensions marked with an asterisk are lots with variable setbacks, not parallel with right of way line. Dimensions shown are
measured at 90 degrees from the street right of way to the closest point on the setback line. See Preliminary Plat, Sheet 6 for detailed setback information.
Minimum
Direction of
Side of Lot
Front
Front Face
for Garage
Setback
of Home
and Drive
Block 1
Lot 1
30
E
S
Lot 2
30
E
N
Lot 3
30
SE
N
Lot 4
30
SW
E
Block 2
Lot 1
* 58
W
S
Lot 2
* 30
W
S
Lot 3
* 30
W
N
Lot 4
* 42
W
N
Lot 5
* 54
SW
N
Lot 6
* 30
SW
N
Lot 7
* 30
SE
N
Lot 8
* 30
E
N
Lot 9
* 38
NE
N
Lot 10
* 36
E
N
Lot 11
*43
E
S
Lot 12
* 66
SE
C
Lot 13
* 64
S
C
Lot 14
* 55
SW
C
Lot 15
* 43
SW
C
Lot 16
* 34
W
S
Lot 17
* 32
NW
N
Lot 18
* 41
W
N
Lot 19
* 44
W
N
Block 3
Lot 1
30
S
W
Lot 2
30
SW
E
Lot 3
30
SW
E
Lot 4
30
SW
E
Lot 5
30
SW
N
Lot 6
30
W
N
Lot 7
* 30
NW
N
Lot 8
* 54
NW
W
Lot 9
* 119
NW
W
Minimum
Direction of
Side of Lot
Front
Front Face
for Garage
Setback
of Home
and Drive
Block 4
Lott
*61
E
N
Lot 2
* 59
E
N
Lot 3
* 57
E
N
Lot 4
* 58
E
N
Lot 5
* 52
E
S
Lot 6
* 46
E '
S
Lot 7
* 38
NE
N
Lot 8
* 30
NE
W
Lot 9
30
NE
W
Lot 10
30
NE
E
(Lot 10 has 30 side setback on west side)
Block 5
Lot 1
30
W
C
Block 6
Lot 1
* 47
W
S
Lot 2
* 49
NW
S
Lot 3
* 55
W
S
Lot 4
* 30
W
N
Lot 5
30
W
N
Lot 6
30
N
W
Lot 7
30
NE
E
Lot 8
30
E
N
Lot 9
* 31
NE
N
Lot 10
* 32
SE
S
Lot 11
* 30
SE
S
Lot 12
*30
E
S
Lot 13
* 35
E
S
Lot 14
* 35
E
N
Lot 15
* 43
E
N
Lot 16
* 49
E
N
Lot 17
* 38
SE
N
Lot18
*31
SE
N
Lot 19
* 31
SE
N
Lot 20
* 30
NE
N
EXHIBIT D
Architectural Guidelines: The following guidelines shall be followed by homes in
the PUD.
1. No vinyl or steel siding on all street side of homes, including both sides
of a corner lot.
2. Architectural roofing on all roofs, suggested Timberline 30 or
equivalent.
3. Homes shall have no less than 25% of the exterior surface as brick or
stone.
4. Roofs must have multiple planes and pitches to attract visual interest.
5. Garages must have a minimum of 600 square feet. Garages should be
de-emphasized on the elevations.
6. Windows, doors, and other elements should have architectural trim.
7. All homes will submit a landscaping plan with home plans to be
reviewed and approved. Yards shall be sodded or seeded as soon as
possible. If landscaping plan includes seed, plans for irrigation should
be included. All Plans must include foundation plantings, at least one
shade tree and at least one decorative tree, both at 2" minimum caliper.
8. Homes shall be of significant size, depending on the dimensions of lot.
Ramblers, Split Foyers, Split Levels (3 or 4 levels) shall have 1300
finished square feet finished (excluding garage) above grade level. Tow
stories and modified two stories must have a minimum of 1100 finished
square feet on the main floor.
EXHIBIT
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EXHIBIT J-1
List of park improvements to be installed by Developer in Hunters Pass Estates
1. One half basketball court (approx. 50 ft x 60 ft) with 2 hoops.
2. One gazebo.
3. Vinyl Fence (4 ft in height) along the edge of the pond/wetland.
4. Trail from gazebo to sidewalk.
5. One tot lot.
Developer shall spend $47,000 on items 1-5. Item 5 will receive the balance of the funds
left from Items 1-4 to be approximately $15,000.
Exhibit J-2 shows the location of park items to be installed.
EXHIBIT
J-2
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EXHIBIT
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