HomeMy WebLinkAbout2003-075 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 03-75
RESOLUTION APPROVEING GRADING PLAN AND AUTHORIZING EXECUTION OF
DEVELOPMENT AGREEMENT FOR GRADING, CENTURY FARM NORTH.
WHEREAS, the City Council approved the preliminary plat of Century Farm North on April 28,
2003, and
WHEREAS, the Developer, Century Farm Development, Inc., is requesting approval to
commence grading of such development to be known as Century Farm North Development;
and,
WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of
a development contract, between the Developer and the City of Lino Lakes, prior to
commencement of site construction activities and final plat approval to insure satisfactory
completion of public improvements.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the
Development Contract with Century Farm Development, Inc., for Century Farm North
Subdivision and authorizes the Mayor and City Clerk to execute such agreement on behalf of
the city.
Adopted by the Lino Lakes City Council this 27th day of May, 2003.
AGENDA ITEM 7Aiv
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: May 27, 2003
TOPIC:
Resolution No. 03 75, Approving Grading Plan and Authorizing
Execution of Development Agreement for Grading, Century Farm
North
Vote Required: Simple Majority
BACKGROUND:
The City Council approved the preliminary plat of Century Farm North on April
28, 2003. Century Farm Development, Inc., the Developer, is now requesting
approval to begin grading for the Century Farm North Development. Century
Farm North Addition consists of 249 units of residential development.
In accordance with the preliminary plat approval and City policy staff has
prepared a Development Agreement for Grading. The agreement provides for
the following:
1. Submittal by the developer of a Letter of Credit in the amount of
$472,155.00 representing 150 percent of the development improvement
costs to insure completion of the project in accordance with the approved
plans.
Deposit of a cash escrow in the amount of $47,000.00 to reimburse the
City for costs incurred by the City related to the development and
improvements of the site and developer improvements.
Century Farm Development, Inc. has reviewed the contract and is aware of the
conditions set forth.
OPTIONS:
1. Retum to staff for further review.
Adopt Resolution Number 03 - 75, approving grading plan and authorizing
execution of Development Agreement for Grading, Century Farm North.
3. Not adopt Resolution Number 03 75.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 03 - 75 be adopted.
ATTACHMENT A - GRADING ONLY
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Century Farm North NUMBER OF REU's:
APPLICANT: Century Farm North Development, Inc. ASSESSED AREA (ac.):
ITEM NECESSARY IMPROVEMENTS
SITE GRADING
2 EROSION CONTROL
3 SITE ENGINEERING & SURVEYING
4 LANDSCAPING
5 OPEN SPACE MANAGEMENT
6 STREET CONST.
A. Subgrade/Base Course
B. Wear Course
C. CSAH 53 (Sunset Avenue)
7 STORM SEWER CONST.
A. Trunk
B. Lateral
C. Surface Water Mgmt. Charge (s.f.)
8 SANITARY SEWER CONST.
• A. Trunk Area Charge (ac.)
B. Trunk Unit Charge (REU)
C. Lateral
9 WATERMAIN CONST.
A. Trunk Area Charge (ac.)
B. Trunk Unit Charge (REU)
C. Lateral
TOTALS:
1
BUDGET
COST NOTE
bid e
Estimate e
Estimate e
Estimate e
$0 e
Estimate e
Estimate e
Estimate e
Estimate e
$0.050 a
$2,203 a
$955 a
Estimate e
$2,350 a
$1,541 a
Estimate e
See Attachment B for security amounts to be posted
NOTE:
a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
t Estimate by Feasibility Study
5/21/03
DEVELOPE CITY ESCROW
IMP. (X) IMP. (Y) AMOUNT (Z)
$303,520
$11,250
$314,770
$0
attachments
ATTACHMENT B - GRADING ONLY
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
1. PROJECT NAME: Century Farm North NUMBER OF REU's:
APPLICANT: Century Farm North Development, Inc. ASSESSED AREA (ac.):
ITE NECESSARY IMPROVEMENTS
1 PLAT REVIEW FEE
2 PLANNER REVIEW FEE
3 ADMINISTRATION -3% OF CONST.
4 ENGINEERING
A. Plan/Plat/Grading Review
B. Preparation of Plans & Specs.
C. Construction Services
D. Construction Staking
E. City Engineering
5 LEGAL PLAT REVIEW FEE
6 PUBLICATIONS
7 PARK DEDICATION FEE
8 TREE PRESERVATION POLICY
9 STREET LIGHTING INST. & OPER.
10 TRAFFIC SIGNING IMPROV.
111 POND MAINT.
BOULEVARD TREE PLANTING
STREET, ST. SWR. &
13 SEALCOATING FEE
14 FEMA Processing Fee
15 AERIAL PHOTO COST RECOVERY
16 OTHER - Property Tax Escrow
BUDGET
COST
$7,500
$7,500
3% of const.
$0
$0
$0
$0
$0
$1,000
$1,000
$1,665
$960
$1,680
$6,000
$15,600
DEVELOPE CITY ESCROW
IMP. (X) IMP. (Y) AMOUNT (Z)
$7,500
$7,500
TOTALS:
SECURITY AMOUNTS TO BE POSTED
X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT)
Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT)
Z = CITY FEE COSTS X 1.0 (CASH ESCROW)
NOTE:
a:
b:
c:
d:
e:
f:
Cost by City policy
Estimated Cost or Budget by City
Previously Assessed
Cash Requirement per Agreement with Park Board
Provided by Developer
Estimate by Feasibility Study
5/21/03
AtLB Att. B Total
$472,155 $0 $472,155
$0 $0 $0
$0 $47,000 $47,000
attachments
Century Farm North — Site Grading Only
THIS AGREEMENT made this 27th day of May, 2003, is by and between the City
of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a
municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as
the "City ", and Century Farm North Development, Inc. whose address is 3157 Berwick Knoll,
Brooklyn Park, Minnesota 55443 hereinafter referred to as the Developer ".
WHEREAS, the Developer has received preliminary plat approval from the City
Council for a plat of land within the corporate limits of the City known as Century Farm North,
hereinafter called "Subdivision ", said land is legally described to -wit
Lots 15, 16, 17, 18, 19 and 20, Block 1, LINO AIR PARK NORTH, according to the recorded
plat on file and of record in the Office of the County Recorder, Anoka County, Minnesota,
Lots 13, 14, 15 and 16, Block 1, SUNSET OAKS, according to the recorded plat on file and of-
record in the Office of the County Recorder, Anoka County, Minnesota,
Lot 5, Block 1, SUNSET OAKS, except the West 184.18 feet thereof, according to the recorded
plat on file and of record in the Office of the County Recorder, Anoka County, Minnesota,
AND
Lot 1, Block 1, HIDDEN POND, according to the recorded plat on file and of record in the
Office of the County Recorder, Anoka County, Minnesota,
Development Contract
Century Farm North Development, Inc.
AND
Outlots B, C, and D, BEHM'S CENTURY FARM 5TH ADDITION, according to the recorded
plat on file and of record in the Office of the County Recorder, Anoka, County, Minnesota.
The Southeast Quarter of the Northwest Quarter of Section 7, Township 31, Range 22, Anoka
County, Minnesota.
That portion of vacated Pinto Lane which lies northwesterly of the centerline of Pinto Lane
together with that part of said vacated Pinto Lane which lies southeasterly of the centerline of
Pinto Lane as dedicated in BEHM'S CENTURY FARM 5TH ADDITION, and was accrued by
Outlot C, said BEHM'S CENTURY FARM 5TH ADDITION, according to the recorded plat on
file in the office of the County Recorder, Anoka County, Minnesota. That portion of said
vacated Pinto Lane is described as follows:
That part of Pinto Lane dedicated in BEHM'S CENTURY FARM 5TH ADDITION, Anoka
County, Minnesota, according to the recorded plat on file in the office of the County Recorder,
which lies easterly of a line commencing at the southwest corner of Lot 21,.Block 3, BEHM'S
CENTURY FARM 5TH ADDITION; thence North 0 degrees 01 minutes 41 seconds East,
assumed bearing, along the westerly line of said Lot 21, 24.80 feet to the point of beginning;
thence continuing North 0 degrees 01 minutes 41 seconds East, 80.61 feet; thence along a
tangential curve to the left, 91.12 feet, said curve having a radius of 330.00 feet and a delta angle
of 15 degrees 49 minutes 12 seconds, to the westerly line of said Pinto Lane; thence northerly
along said westerly line of Pinto Lane to the northerly line of BEHM'S CENTURY FARM 5TH
ADDITION and there terminating.
AND
That part of vacated CARL STREET lying westerly of the Northerly extension of the East line of
Lot 17, Block 1, LINO AIR PARK NORTH, according to the recorded plat on file and of record
in the Office of the County Recorder, Anoka County, Minnesota and easterly of the northerly
extension of the westerly line of said Lot 16, Block 1, SUNSET OAKS, according to the
recorded plat on file and of record in the office otthe County Recorder, Anoka County,
Minnesota.
That part of vacated Laurie Avenue which lies within the above described properties. Said
vacation per Document No. 1462634.
Development Contract
Century Farm North Development, Inc.
AND
The Southwest Quarter of the Northwest Quarter of Section 7, Township 31, Range 22, except
those parcels described as follows:
Beginning at the Northwest corner of the Southwest Quarter of the Northwest Quarter of Section
7, Township 31, Range 22, thence South along the West line of said Southwest Quarter of the
Northwest Quarter of Section 7; a distance of 120 feet; thence East parallel with the North line of
the Southwest Quarter of the Northwest Quarter a distance of 360 feet; thence North parallel with
the West line of the Southwest Quarter of the Northwest Quarter to a point of intersection with
the North line of the said Northwest Quarter; thence Westerly along the North line of the
Southwest Quarter of the Northwest Quarter to the point of beginning, and also except: That part
beginning at the Southwest corner of the Southwest Quarter of the Northwest quarter of Section
7, thence East along the South line of said Northwest Quarter a distance of 285 feet; thence North
and parallel with the West line of the said Northwest Quarter a distance of 175 feet, thence West
and parallel with the South line of the said Northwest Quarter to a point of intersection with the
West line of said Northwest Quarter; thence South along the West line of said Northwest Quarter
to the point of beginning; and also except: That part of the Southwest Quarter of the Northwest
Quarter of Section 7, Township 31, Range 22, described as follows: Beginning at a point on the
West line of said Southwest Quarter of the Northwest Quarter distant 536 feet South of the
Northwest corner of said Southwest Quarter of the Northwest Quarter; thence East parallel with
the North line of said Southwest Quarter of the Northwest Quarter a distance of 1047 feet; thence
South parallel with the West line of said Southwest Quarter of the Northwest Quarter a distance
of 208 feet; thence West parallel with the North line; of said Southwest Quarter of the Northwest
Quarter a distance of 1047 feet to the West line of said Southwest Quarter of the Northwest
Quarter; thence North along said West line a distance of 208 feet to the point of beginning, and
also except:
That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 31, Range
22, described as follows: Beginning at a point on the West line of said Southwest Quarter of the
Northwest Quarter distance 328 feet South of the Northwest corner of said Southwest Quarter of
the Northwest Quarter; thence East parallel with the North line of said Southwest Quarter of the
Northwest Quarter a distance of 1047 feet; thence South parallel with the West line of said
Southwest Quarter of the Northwest Quarter a distance of 208 feet; thence West parallel with the
North line of said Southwest Quarter of the Northwest Quarter a distance of 1047 feet to the
West line of said Southwest Quarter of the Northwest Quarter; thence North along said West line
a distance of 208 feet to the point of beginning, Anoka County, Minnesota.
AND
Excepting the following described parcels of property:
That part of Section 7, Township 31, Range 22, Anoka County, Minnesota described as follows:
Development Contract
Century Farm North Development, Inc.
Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter of
Section 7; thence North 00 degrees 27 minutes 22 seconds West on an assumed bearing, along
the West line of said Southwest Quarter of the Northwest Quarter of Section 7 a distance of
175.00 feet to the point of beginning; thence continuing on said bearing of North 00 degrees 27
minutes 22 seconds West along said West line of the Southwest Quarter of the Northwest
Quarter of Section 7 a distance of 150.00 feet; thence North 87 degrees 32 minutes 14 seconds
East along a line parallel with the South line of said Southwest Quarter of the Northwest Quarter
of Section 7 a distance of 759.5 feet; thence South 00 degrees 27 minutes 22 seconds East along
a line parallel with said West line of the Southwest Quarter of the Northwest Quarter of Section 7
a distance of 150.00 feet; thence South 87 degrees 32 minutes 14 seconds West along a line
parallel with South line of the Southwest Quarter of the Northwest Quarter of Section 7 a
distance of 759.50 feet to the point of beginning, subject to a county road over the West 33 feet.
AND
That part of Section 7, Township 31, Range 22, Anoka County, Minnesota described as follows:
Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter of
Section 7; thence North 00 degrees 27 minutes 22 seconds West on an assumed bearing, along
the West line of said Southwest Quarter of the Northwest Quarter of Section 7 a distance of
325.00 feet to the point of beginning; thence continuing on said bearing of North 00 degrees 37
minutes 22 seconds West along said West line of the Southwest Quarter of the Northwest
Quarter of Section 7 a distance of 150.00 feet; thence North 87 degrees 32 minutes 14 seconds
East along a line parallel with the South line of said Southwest Quarter of the Northwest Quarter
of Section 7 a distance of 759.50 feet; thence South 00 degrees 27 minutes 22 seconds East along
a line parallel with said West line of the Southwest Quarter of the Northwest Quarter of Section 7
a distance of 150.00 feet; thence South 87 degrees 32 minutes 14 seconds West along a line
parallel with said South line of the Southwest Quarter of the Northwest Quarter of Section 7, a
distance of 759.50 feet to the point of beginning, subject to a county road over the West 33 feet.
WHEREAS, the Developer shall commence grading.
WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358
authorize the City to enter into a performance contract secured by cash escrow or other security to
guarantee completion and payment of such improvements following final approval and recording of
final plat; and
NOW, THEREFORE, in consideration of the mutual promises of the parties made
herein,
IT IS AGREED BY AND BETWEEN THE PAR 1'lES HERETO: that the
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Development Contract
Century Farm North Development, Inc.
I DESIGNATION OF IMPROVEMENTS
Improvements to be installed at the Developer's expense by the Developer as
hereinafter provided are hereinafter referred to as "Developer Improvements ".
II. DEVELOPER'S IMPROVEMENTS
A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan,
preliminary street and utility plan, a surface water management plan. The
Developer shall secure a contractor to install these improvements; said contractor
shall be approved by the City at its ABSOLUTE discretion. All Developer
improvements shall require City inspection and approval and, where appropriate, the
approval of any other governmental agency having jurisdiction. The Developer will
construct and install at Developer's expense the following improvements according
to the following terms and conditions:
Grading Plan
A final site grading plan, including certified wetland delineation,
with maximum two -foot contours and cross sections as necessary
shall be submitted and approved by the City prior to
commencement of any site grading.
Erosion Control Plan
The Developer shall submit an erosion control plan, detailing all
erosion control measures to be implemented during construction.
Said plan shall be approved by the City prior to the commencement
of site grading or construction.
b)
The Developer shall submit a Turf Establishment Plan which details
topsoil placement, seeding, sodding, mulching, fertilizing and
watering. Said plan shall be approved by the City prior to the
commencement of site grading or construction.
Tree Preservation Plan
Developer will provide a tree preservation plan prior to any site
grading which shall be in accordance with the City Tree Preservation
Policy. Developer shall escrow for boulevard tree planting for each
side of a lot which abuts a street. The City Forester shall determine
species, size and location.
page 5
Development Contract
Century Farm North Development, Inc.
The Developer shall remove, dispose of, or treat all dead and
diseased trees in accordance with the City Forester's
recommendation before building permits will be issued.
Grading and Erosion Control Construction & Maintenance
Prior to the commencement of site grading and erosion control, the
Developer shall complete items II.A.1, II.A.2, and II.A.3 as listed
above.
The Developer shall grade the site to within 0.2 foot of grades
shown on the approved Grading plan. No deviations will be allowed
unless a revised plan is submitted and approved by the City and all
other regulatory agencies.
All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion.
Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City shall be installed prior to development when
necessary to control erosion.
Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development.
The Developer shall install four (4) inches of topsoil on all
boulevards and seed or sod as approved by the City. The Developer
shall make all necessary adjustments to the curb stops to bring them
flush with the topsoil prior to occupancy.
) All disturbed areas shall be seeded.
The front 50 feet of the lots, the street right -of -way, storm water
storage ponds, and surface water drainage ways shall be graded prior
to commencement of utility construction.
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Development Contract
Century Farm North Development, Inc.
j)
Drainage swales, ditches, storm water storage ponds and other high
risk erosion areas shall be protected from erosion.
All remaining grading must be completed prior to issuance of
building permits.
Protect streets from erosion deposits. This should include a
combination of roadside silt fences, roadside sod strips, catch basin
rock bale inlet protection, rock construction entrances, straw mulch,
and/or street sweeping.
The developer's engineer shall certify, in writing with an as-built
survey, that all grading complies with the grading plan prior to
issuance of building permits.
Warning signs shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. If and
when the streets become impassable, such streets shall be barricaded and
closed. The developer shall maintain a smooth, hard driving surface and
adequate drainage on all temporary streets.
The Developer shall be responsible for securing all site grading and
development approvals and permits from all appropriate Federal, State,
Regional and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction contracts for
public utilities.
Cost of Developer's Improvements, description and completion dates are as
shown on Attachment A.
Construction of Developer's Improvements:
The construction, installation, materials and equipment shall be in
accordance with the plans and specifications approved by the City.
All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental
agency having jurisdiction.
Prior to the acceptance of Developer Improvements by the City, the
Developer shall obtain final plat approval and record the final plat
which will dedicate all permanent easements necessary for the
construction and installation of the Developer's and City's
Improvements as determined by the City.
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Development Contract
Century Farm North Development, Inc.
All Construction debris and trash shall be properly disposed of at the
developers expense and in a timely manner as determined by the
City.
The Developer shall construct and pay for all improvements as described in
the landscaping plan.
Guarantee
Faithful Performance of Construction Contracts and Letters of Credit
The Developer will fully and faithfully comply with all terms
and conditions of any and all contracts entered into by the
Developer for the installation and construction of all
Developer's Improvements and hereby guarantees the
workmanship and materials for a period of one year
following the City's final acceptance of the Developer's
Improvements. Concurrently with the execution hereof by
the Developer, the Developer will furnish to, and at all times
thereafter maintain with the City, a cash deposit, certified
check, or Irrevocable Letter of Credit, based on one hundred
fifty (150 %) percent of the total estimated cost of
Developer's Improvements. An Irrevocable Letter of Credit
shall be for the exclusive use and benefit of the City of Lino
Lakes and shall state thereon that the same is issued to
guarantee and assure performance by the Developer of all the
terms and conditions of this Development Contract and
construction of all required improvements in accordance with
the ordinances and specifications of the City. The City
reserves the right to draw, in whole or in part, on any portion
of the Irrevocable Letter of Credit for the purpose of
guaranteeing the terms and conditions of this contract. The
Irrevocable Letter of Credit shall be automatically extended
for additional periods of one year from present or future
expiration dates unless thirty (30) days prior to such the City
Clerk or Administrator is notified in writing by certified mail
that the Letter of Credit will not be renewed.
Reduction of Escrow Guarantee.
The Developer may request reduction of the Letter of Credit,
or cash deposit based on prepayment or the value of the
completed improvements at the time of the requested
reduction. Prior to the final acceptance of the Developer's
Development Contract
Century Farm North Development, Inc.
III. CITY'S IMPROVEMENTS
No City improvements are proposed under the grading project.
IV. RECORDING AND RELEASE
The Developer agrees that the terms of this Development Contract shall be a
covenant on any and all property included in the Subdivision. The Developer agrees
that the City shall have the right to record a copy of this Development Contract with
the Anoka County Recorder to give notice to future purchasers and owners. This
shall be recorded against the Subdivision described on Pages 1-4 hereof City shall
provide to Developer upon payment of all the special assessments levied against a
parcel a release of such parcel from the terms and conditions of this Development
Contract subject to provisions contained in this contract.
V REIMBURSEMENT OF COSTS
Improvements the City shall require a Performance Bond or.
Cash Escrow to cover the warranty provisions of the
agreement. The amount shall be determined by the City
Engineer.
The Developer agrees to establish a non - interest bearing escrow account with the
City in an amount determined by the City Administrator or his designee for the
payment of all costs incurred by the City related to the development of the plat and
the Developer Improvements including, but not limited to, the following (See
attachment B for Breakdown of costs):
1. Plat Review Fee
2. Planner Review Fee
3. Administration - 3% Construction Cost
4 Engineering
a) Administration
5. Legal - Plat Review
6. Publications
If the above escrow amounts are insufficient, the developer shall make such
additional deposits as required by the City. The City shall have a right to reimburse
itself from the Escrow.
page
Development Contract
Century Farm North Development, Inc.
VI. HOURS OF CONSTRUCTION ACTIVITY
All construction activity shall be limited to the hours set out in City Ordinances as
follows:
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
VII. OWNERSHIP OF IMPROVEMENTS
Upon completion of the work and construction required by this contract and
acceptance by the City, the improvements lying within the public easements shall
become City property without further notice or action.
VIII. INSURANCE
Developer or all its subcontractors shall take out and maintain until one (1) year
after the City has accepted the private improvements, public liability and property
damage insurance covering personal injury, including death, and claims for property
damage which may arise out of the Developer's work or the work of his
subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury and death shall be not less than Five Hundred Thousand and no /100
($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00)
Dollars for each occurrence; limits for property damage shall be not less then Two
Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a
combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars
or more. The City, its employees, its agents and assigns shall be named as an
additional insured on the policy, and the Developer or all its subcontractors shall file
with the City a certificate evidencing coverage prior to the City signing the plat.
The certificate shall provide that the City must be given ten (10) days advance
written notice of the cancellation of the insurance. The certificate may not contain
any disclaimer for failure to give the required notice.
IX. REIMBURSEMENT OF COSTS FOR DEFENSE
The Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcement of this contract, or any portion thereof, including court costs
and reasonable engineering and attorneys' fees if the City prevails in such action.
VALIDITY
If a portion, section, subsection, sentence, clause, paragraph or phrase in this
contract is for any reason held to be invalid by a court of competent jurisdiction,
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Development Contract
Century Farm North Development, Inc..
such decision shall not affect or void any of the other provisions of the Development
Contract.
. GENERAL
Binding Effect
The terms and provisions hereof shall be binding upon and insure to the
benefit of the heirs, representatives, successors and assigns of the parties
hereto and shall be binding upon all future owners of all or any part of the
Subdivision and shall be deemed covenants running with the land.
Whenever in this agreement it shall be required or permitted that notice or
demand be given or served by either party to this agreement to or on the
other party, such notice or demand shall be delivered personally or mailed
by United States mail to the addresses hereinbefore set forth on Page 1 by
certified mail (return receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the
mail in accordance with the above. The addresses of the parties hereto are as
set forth on Page 1 until changed by notice given as above.
Development Contract
Century Farm North Development, Inc.
DEVELOPER
By
Developer
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
CITY OF LINO LAKES
By
Mayor
A1'1EST:
By
Clerk
On this day of , 20 . before me, a Notary Public within and for said County,
personally appeared
(Mayor) and (Clerk), to me known to be respectively the Mayor
and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge
that they executed the same on behalf of said City.
Development Contract
Century Farm North Development, Inc.
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
On this day of , of 20_, before me, a Notary Public within and for
said County, personally appeared (Developer), to me known to be the
of , a corporation under the laws of the State of Minnesota, and that
they executed the foregoing instrument and acknowledged that they/he executed the same on behalf
of said corporation.