2005-09-07 PUD Agreement�I'� � �
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Doc. No. A 1164289
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY,MINNESOTA
Certified Filed and/or Recorded on
12-10-2010 at 12:31
Check#: 24428 Fee: $46.00
Payment Code 02
Addl. Fee
Barb Gabrelcik, Interim County Recorder
Return to: (envel)
KNIGHT BARRY TITLE
330 E KILBOURN AVE ��925
MILWAUKEE WI 53202
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
TOWNE LAKES 6m ADDITION
THIS AGREEMENT, entered into this~ day of 2005 by
and between Contractor Property Developers Company, collecti ely 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 is proposing to subdivide a portion of the
Development into 42 townhome residential lots and six single family lots. Said
subdivision, which is to be governed by this Agreement, is intended to bear the name
"Towne Lakes Sixth Addition" and shall hereinafter be referred to in its entirety as
"Said Plat" or "Subject Property"; and
WHEREAS, the City has given fmal approval of Developer's plat of Towne
Lakes Sixth Addition (attached as Exhibit B) contingent upon compliance with
certain City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, sidewalk, trai1(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
financed by Developer; and
WHEREAS, the City further requires that certain on- and off-site
improvements be installed by the Developer within Said Plat, which improvements
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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; and
WHEREAS, the City and Developer have previously entered into a
Developer's Agreement titled "City of Albertville MasterPlanned Unit Development
Agreement Towne Lakes Third Addition" ("Master Agreement") under which the
City granted preliminary plat approval to the plan for the area covered by said Master
Agreement; and
WHEREAS, the City and Developer.desire to supplement the Master
Agreement with the site specific details applicable to Towne Lakes Sixth Addition,
as evidenced by the execution of this Agreement; and
WHEREAS, the City and Developer desire to have this Agreement and the
Master Agreement read together as if the entire Master Agreement were recited
herein;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Preliminary Plat Master Ae:reement.
A. That certain Developer's Agreement entitled "City of Albertville
Planned Unit Development Agreement Towne Lakes Third Addition"
("Master Agreement") between Contractor Property Developers
Company and the City of Albertville, dated October 3, 2003 and
recorded in the Wright County Recorder's Office as document number
894487 along with any recorded amendments is hereby incorporated
herein the same as if the text of said Agreement were contained within
this document.
B. It is the intent of the parties that this Developer's Agreement
("Developer's Agreement") supplement the Master Agreement as to
the specific development issues related to Towne Lakes Sixth
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Addition, and that these two documents be read together to determine
the rights and obligations of the parties with respect to the property
contained within the Towne Lakes Sixth Addition. In the event of a
conflict between the terms of the Master Agreement and this
Developer's Agreement, the terms of this Developer's Agreement
shall control with respect to any conflicting issues within Towne Lakes
Sixth Addition, but any such conflicts shall not alter the terms of the
Master Agreement as they apply to other plats, now existing or to be
platted in the future, within the remaining land area subject to the
Master Agreement.
2. Planned Unit Development. The Development is hereby allowed to be
developed.. as a 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. . Developer and the City recognize that setbacks within the Development
will vary depending on housing · type to be constructed. However,
Developer agrees that setbacks shall be consistent with the templates
provided by Developer, which are attached hereto as Exhibit C.
B. The townhomes shall be constructed in the locations identified in the plans
attached hereto as Exhibit D. The townhomes shall be designed and
constructed consistent with plans attached hereto as Exhibit E.
C. Developer shall have separate utility connections for each of the
townhome units to allow separate water turnoff and sewer connections
through the landscaped yards of the townhome units.
D. All lots within the plat shall be subject to the Master Homeowners'
Association as currently established for Towne Lakes First and Second
Additions. The Developer shall file covenant documents subjecting all lots
within the plat to the terms and conditions of the Master Homeowners'
Association subject to review and approval by the City Attorney, which
shall be recorded on the property records of the lots.
E. Developer shall establish a Townhome Owners' Association, which shall
be responsible for maintaining all common elements including private
road maintenance, snowplowing, lawn care, and any other necessary
maintenance. The documents establishing said Townhome Owners'
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 Townhome Owners'
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Association in phases, no building permit shall be issued for any lot which
is not first governed by such Townhome Owners' Association.
F. Developer shall deed to the Townhome Owners' Association, Lot 43,
Block 1 of said plat, as a private road for use as a common access to the
townhome lots. Said private road shall have no direct access to 70th
Street. Lot 43, Block 1 shall not be a buildable lot.
G. Developer shall establish shared driveway easements for all lots which
shall use the private roads within Block 1 of Said Plat to access the
townhome units along said private roads. Said easements must meet the
approval of the City Attorney and shall be recorded. on the property
records of the affected lots.
H. The width of the private roads to be.constrocted on Block 1 within said
Plat shall be a minimum of twenty two-feet wide as. shown on the attached
Exhibit D.
I. All townhomes within said Plat shall be owner occupied. Developer shall
file with this Agreement deed restrictions with the Wright County
Recorder of Deeds which provide that all townhome units in Said Plat
shall be owner occupied and which prohibits the rental of the townhome
units. Said deed restrictions shall be subject to the review and approval of
the City Attorney.
J. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit F. 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 provide the City a landscape cash escrow or letter of
credit in the amount of $5,600.00 for the future boulevard landscape
plantings along 68th Street. Said plantings are to be installed in said plat
upon the re-platting of the properties on both sides of 68th Street and the
fmal location of curb cuts from which these properties will access 68th
Street. Said escrow shall be returned to Developer (without interest) upon
the planting of the boulevard landscape plantings.
L. Developer shall replace, at its own expense, any plantings as shown on
attached Exhibit F 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.
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 or other material shall be placed or
permitted to remain which may damage or interfere with the installation
and maintenanceofutilities~ 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 within fifty (50) feet of any wetland or
lake.
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. Developer acknowledges and understands that the intersection of Linwood
Drive and 70th Street will be reevaluated with the construction of 70th
Street as a divided urban collector street. With the improvement of 70th
Street as a divided urban collector street, Linwood Drive may be restricted
to a right-in/right-out intersection with 70th Street. Developer agrees to
release and hold harmless the City from any claim of diminution in
property value of the properties on Said Plat arising from said potential
restriction of the Linwood/70th Street intersection.
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Q. As the platting of the 161 st numbered lot in the Development has
occurred, Developer, pursuant to the Paragraph 9D of the "Master
Agreement," shall pay to the City $144,474.00 as its share of the cost of
paving that portion of 70th Street which borders the Development.
Payment shall occur prior to release of the final plat for recording.
R. Developer may, at Developer's option, delay the construction of water
and sewer utilities in 68th Street on Said Plat and delay the construction
of 68th Street on Said Plat until the earlier of 1) seven months after the
final plat approval of Outlot A of Said Plat as one or more numbered
lots; or 2) seven months after the final plat approval of the property
immediately south of Outlot A of Said Plat (abutting the south side of
68th Street); or 3) July 15,2006.
S. Developer acknowledges and agrees that the intersectiOn. of 68th Street
at Wright County State Aid Highway No. 19 will be ~right-in,right-out
intersection only with a full median between the northbound and
southbound lanes on CSAH19at said intersection. However, said
median may not be constructed at the same time as the Municipal
Improvements. In such case, the Developer agrees to provide a barrier
acceptable to the City Engineer and the Wright County Engineer which
will prohibit all turns except right-in, right-out movements at said
intersection until such time as the median is constructed.
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
Towne Lakes Sixth Addition, as prepared by Westwood Professional
Services dated February 8, 2005 and revised March 15, 2005 and on
file with the City Clerk, said improvements to include installation of
bituminous street, curb and gutter, sidewalks, water 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. Contemporaneous with the installation of the Municipal
Improvements, Developer shall construct, at Developer's expense,
a sanitary sewer line and a municipal water line extension easterly
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through Outlot B to the eastern lot line of Outlot B in a location
approved by the City Engineer. The design of said sanitary sewer
and municipal water line extensions shall be approved by the City
Engineer. Developer shall provide the City, at no cost to the City,
with a permanent drainage and utility easement over all of Outlot
B. At the time of fmal platting of Outlot B into numbered lots and
blocks, the City shall release that portion of the permanent
easement which is not needed to support the line extensions
consistent with the Utility Plans approved for the Development.
Developer shall not be required to post a surety for the cost of
installing said line extensions.
C. In the event that the City determines that a water main is necessary
in 68th Street between Linwood Drive and Wright County State
Aid Highway No. .19 to support the future water needs of the. City,
the Developer shall install suchwatermain at Developer's expense
in a manner, location anddesigtlapproved by the City Engineer.
Said installation. shall occur during the.. building season
immediately following notification to the Developer of said
installation requirement.
D. The Developer warrants to the City for a period of two years from
the date the City accepts the finished Municipal Improvements and
the line extensions (including the potential 68th Street water line)
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.
E. 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.
F. 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 and the line extensions referred to in
paragraph 3.B. and 3.C. Developer agrees to pay for all costs
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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, benning, and like items as necessary, street
cleanup during project development, and erosion control, all as
required by City ordinance. Front, side and portions of the back yards
of residential lots shall be sodded in accordance with the Residential
Development Standards as on file with the City Administrator's
Office. Those portions of the yards not required to be sodded may be
see(iedwith grass seed or sodded. Inall cases permanent turf or grass
must be established over all areas of the lot not covered by a hard or
impervioussurface... The Developer shall guarantee that all new
plantingsshaUsurvive for two full years from the timethe 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 berming, 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, be responsible to ensure following
items are installed within the development, all such items to be
installed under ground, within the street right of way or such other
location as may be approved by the City Engineer, accessible to all lots
and in compliance with all applicable state and local regulations:
1. Electrical power supply, to be provided by Xcel Energy or
other such carrier;
11. Natural gas supply, to be provided by Reliant Energy or other
such carrier;
111. 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;
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In addition, 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
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 2J and 4A 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 30th.
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 G. 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.
The City shall release such ponding drainage easements at such time
as Developer has constructed replacement ponding in an acceptable
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location and has provided acceptable permanent drainage easements
for such replacement ponding.
5. Intended Use of Subdivision Lots.
A. It is the Developer's and City's intent that a total of 42 townhome
residential units be located on Lots 1-42, Block 1 and six single family
units be constructed on Lot 44, Block 1 and Lots 1-5, Block 2 of Said Plat.
Developer agrees that it shall not construct any dwelling units other than
the above referenced dwelling units on the land in Said Plat.
6. Suretv 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 contractshall be performed.
Said letter of creditor surety shall beinthe amount of$646,808.00
representing the sum of 1 00% of the estimated cost of the Municipal
Improvements ($477,587),50% of the on and off-site improvements
($86,544), and 150% of the estimated cost for landscaping/screening
materials ($82,677). Said letter of credit or surety must meet the
approval of the City attorney as to form and issuing bank.
B. The City may draw on said letter of credit or surety to complete work
not performed by Developer (including but not limited to on- and off-
site improvements, Municipal Improvements described above, erosion
control, and other such measures), to pay liens on property to be
dedicated to the City, to reimburse itself for costs incurred in the
drafting, execution, administration or enforcement of this Agreement,
to repair or correct deficiencies or other problems which occur to the
Municipal Improvements during the warranty period, or to otherwise
fulfill the obligations of Developer under this agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety
referred to herein is ever utilized and found to be deficient in amount
to payor reimburse the City in total as required herein, the Developer
agrees that upon being billed by the City, Developer will pay within
thirty (30) days of the mailing of said billing, the said deficient
amount. If there should be an overage in the amount of utilized
security, the City will, upon making said determination, refund to the
Developer any monies which the City has in its possession which are
in excess of the actual costs of the project as paid by the City.
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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.
E. 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 titneat 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.
7. 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 be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be
billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
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1. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
11. When all or a portion of the Municipal Improvements or the on-
and off-site improvements have been installed, the letter of
credit or surety may be reduced by the dollar amount
attributable to that portion of improvements so installed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the
MunicipalImprovements 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 requiredJorthe warranty
letter of credit.
111. 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.
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.
8. Abandonment ofProiect - 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
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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.
9. 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. Developerhas the right to request time sheets or work records to
verify said billing prior to payment.
10. Sanitary Sewer and Water Tr1InkLineFees.
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
Plat. There are 7.37 acres (which excludes Outlots A & B which shall be
replatted at a later date) in said Plat, which received fmal plat approval.
Therefore, the Sanitary Sewer and Water Trunk Line Fees for the numbered
receiving final plat approval are $19,162.00 ($10,318.00 in sanitary sewer trunk
line fees calculated as $1,400.00 x 7.37 acres and $8,844.00 in water fees
calculated as $1,200.00 x 7.37 acres). Developer shall pay sanitary sewer and
water trunk line fees on Outlots A and B at such time as these outlots are platted
into numbered lots and blocks.
11. 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
G 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.
12. Ditch Cleanine:.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from the Development may
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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.
13. Maintain Public Property Dama!!: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
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.
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.
14. Temporary Easement Ri!!:hts.
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.
15. Miscellaneous.
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A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C. Ifbuilding permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
D. The action or inaction of the Cityshallnot constitute a waiver or
amendment to the provisions ofthisContract... To he binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Contract shall not be a
waiver or release.
E. This Contract shall run with the land and shall be recorded against the
title to the property. After the Developer has completed all work and
obligations required of it under this Contract (including the expiration
of the warranty period), at the Developer's request, the City will
execute and deliver to the Developer a release of its obligations under
this Agreement. However, all continuing obligations under this
Agreement shall remain binding upon the properties covered by this
Agreement and their owners. Said continuing obligations include, but
are not limited to, paragraphs 1,2,5,9, 15, 17,20,21,22,23,24,25,
26 and 28 of this Agreement.
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.
15
'.
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.
I. The Albertville City Council reserves the right to allocate wastewater
treatment capacity ina manIler it frods. to be in. the best interests. of the
public health, safety andwelfare. Developer acknowledges and agrees
that the City is currently in the process of expanding its wastewater
treatment plant capacity.. Developer further acknowledges and agrees
that delay in the availability of wastewater treatment plant capacity
may occur for some lots located within 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 feet above the highest known
surface water level or ordinary high water level or less than one foot
above the lOO-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.
16. Draw on Expirine: Letter of Credit.
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
16
"
completed, 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 expiring letter of credit. If a new letter of
credit is not received as required above, the City may 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 City Attorney prior to its issuance must approve
the form of said irrevocable letter of credit.
17. Violation of kreement.
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
17(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. Paragraph 17 A of this section shall not apply to any acts or rights of
the City under the preceding paragraph 16, 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
17
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.
18. 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, ~nd 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 utilityeasemerits,gutters, ponds,. parks,
sewers and water mains to the City. Upon acceptance of dedication,
Developer shall provide to the City "As-Builts" of all sewers, water
mains. 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.
The City acknowledges that the Developer has fully satisfied its park
dedication fee obligation for said Plat.
19. 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
$14,328.00. 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.
20. Phased Development. As 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
18
.\
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.
21. Indemnitv. 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
development. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses which the City may payor incur
in consequence of such claims,. including attorney's fees. Third parties shall
have no recourse against the.City under this contract.
22. Assi!!nmenf of Contract. ..The obligations of the Developer under this
Contract can be assi~ed by the Developer. However, the Developer shall not
be released from its obligations under this contract without the express written
consent of the City COul1ciLthrough Council resolution.
23. 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.
24. 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.
25. 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.
26. Inte!!ration Clause. Modification bv Written A!!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.
19
'.
27. 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
Contractor Property Developers Company
Attn: Homer Tompkins, President
3030 Centre Pointe Drive, Suite 800
Roseville, MN 55113
Te1ephone:(651) 556-4550
Fax: (651) 566-4551
28. Ae:reelDent Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
BY~I.-.~
It's Mayor
BL~'~
It's lerk
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
/tV-At--
1. Michael Waldo
Its Vice President
20
",
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ft~
day of ~ktn be,.r , 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.
~O~~l~
STATE QFMINNESOTA ~ SS. e~~::c~~~~~fS
COUNTY OF WRIGHT ) W"~!'.,;""-~(\;I.y;.
The foregoing instrument was acknowledged before me this r+!1
day of ~ktnbiY , 2005, by Bridget Miller, as Clerk of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
~~~)Jl,~
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
TORI ANN LEONHARDT
NOT.A.f;'( PUBliC-MINNESOTA
My Gcm'71 1:(:, Jan. 31, 2009
~
21
'.
The foregoing instrument was acknowledged before me this '1- ,.H
day of 5E.P1"E.MBE.R , 2005, by 1. Michael Waldo, as Vice President of
Contractor Property Developers Company.
~~~
Notary Public
DRAFTED BY:
Couri, MacArthur & RuppeP .L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
22
'.
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lots 1-44, Block 1
Lots 1-5, Block 2
Outlot A
Outlot B
All said property is located in Towne Lakes Sixth Addition, City of Albertville,
County of Wright, State of Minnesota.
23
'.
EXIllBIT B
Final Plat
EXIllBIT C
Set Back Templates
EXIllBIT D
Site Layout
EXIllBIT E
Townhome Buildillg Plans
EXHIBIT.F
Landscape Plan
EXIllBIT G
Grading, Drainage and Erosion Control Plan
24
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