Laserfiche WebLink
<br />Development Agreement <br />Page 2 of 6 <br />3. Required On-Site Improvements. The DEVELOPER shall construct and install the site <br />improvements on the Subject Property in accordance with the specifications and location as shown <br />on the Plans ("Required Improvements"). <br /> <br />The DEVELOPER agrees to construct the Required Improvements according to the terms and <br />conditions of this Agreement, in accordance with the Plans, and in compliance with Staff review <br />comments. <br /> <br />4. Required Improvements Completion Date. The Required Improvements shall be <br />completed by December 31, 2028. <br /> <br />5. Required Lift Station Improvement Payment. The Lift Station Upgrade required as part of the <br />Project will be completed by the CITY. DEVELOPER has agreed to pay $200,000 to cover their <br />portion of the Lift Station Upgrade (“Lift Station Upgrade Payment”). The Lift Station Upgrade <br />Payment is due at prior to the release of the Project’s building permit. <br /> <br />SECTION II <br />GENERAL <br /> <br />1. Preconstruction Meeting. The DEVELOPER shall schedule and hold a pre-construction meeting <br />with the City Engineer prior to commencing site work. <br /> <br />2. Construction Site Maintenance. The DEVELOPER shall adhere to all CITY ordinances relating <br />to, but not limited to, dumping of garbage, site development, construction debris, open burning, <br />etc. <br /> <br />3. Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs <br />incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, <br />including court costs and reasonable engineering and attorney's fees. <br /> <br />4. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br />phrase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, <br />such decision shall not affect or void any of the other provisions of this Agreement. <br /> <br />5. Agreement Binding on Successors and Assigns. The DEVELOPER agrees that this Agreement <br />shall be binding upon its successors and assigns. <br /> <br />SECTION III <br />LAHA REQUIREMENTS <br /> <br />1. LAHA Funding Requirements. Because this Project has received LAHA funds, Minn. Stat. <br />477A.35, subd. 4(e), requires that the DEVELOPER agree to construct the building to include: <br /> <br />a. At least five percent of units that are accessible units, and each accessible unit includes at <br />least one roll-in shower, water closet, and kitchen work surface meeting the requirements <br />of section 1002 of the current State Building Code Accessibility Provisi ons for Dwelling <br />Units in Minnesota; and <br /> <br />b. At least five percent of units that are sensory-accessible units that include: <br />i. soundproofing between shared walls for first and second floor units; <br />ii. no florescent lighting in units and common areas;