HomeMy WebLinkAbout#19 - Hidden Meadows 2nd AdditionSTAFF REPORT
DATE: December 5, 2017
REGULAR
ITEM #: 19
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Hidden Meadows 2nd Addition Development Agreement
REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney
Kristina Handt, City Administrator
BACKGROUND:
On July 5, 2017, the City Council adopted Resolution 2017-073 approving the Final Plat of Hidden
Meadows at Lake Elmo 2nd Addition. The Council had denied an extension request for the Final
Plat at its September 5, 2017 meeting, and RM Investments, LLC & Mpls Re, LLC have since met
all the conditions of Final Plat approval except for an executed Development Agreement, which
needs to be done prior to recording the final plat with Washington County.
ISSUE BEFORE COUNCIL:
The City Council is being asked to adopt Resolution 2017-138 approving the Developer
Agreement for Hidden Meadows at Lake Elmo 2nd Addition.
REVIEW/ANALYSIS:
A condition of approval of the Hidden Meadows at Lake Elmo 2nd Addition Final Plat is that the
developer enter into a Developer’s Agreement prior to the execution of the plat by City officials.
Staff has drafted this Developer Agreement which is attached for consideration by the City
Council. The key aspects of the agreement include the following components:
•The Developer provide executed warranty deeds to the City for recording for Outlots F and
G.
•Legal documents regarding homeowner association documents, covenants, and restrictionsare to be submitted, reviewed, and approved by the City Attorney.
•That all public improvements be completed per the phasing plan by October 31, 2020, with
the exception of the final wear course of asphalt on streets. Usually this date is October ofthe year of the agreement, but the developer is planning to construct in phases, and so thistime period has been extended.
City Council – Staff Report
Meeting date: 12/5/2017
Page 3
•The developer is to pay a parkland dedication fee of $84,000 in lieu of dedicated parkland.
The purchase agreement indicates that the purchase price of the property is $1,200,000,and the zoning district in which the development is located requires 7% of the land of theentire subdivision to be dedicated towards parkland, or a fee in lieu of land. 7% of$1,200,000 is $84,000.
•Two building permits for model homes.
•The developer is to replace the septic system on Lot 1 Block 1 per the condition of FinalPlat approval.
•That the developer enter in to an encroachment agreement with the City assigning
responsibility for the maintenance of retaining walls in Kelvin Avenue North and 57th
Street North right-of-way to the homeowners’ association.
•The Developer shall pay a $4,000 escrow to ensure proper cleanup of the dump site.
•The Developer shall pay a cash contribution of $50,000 for the future maintenance costs
of 2 of the 3 lift stations.
•The Developer shall enter in to a conservation easement agreement with the City overOutlots B, C, D, F, G, H and I and reimburse the City $20,000 for maintenance costsassociated with this easement. The Minnesota Land Trust charges $35,000 to $45,000 fora conservation easement fee, depending on the size of the easement. The City does notcurrently have such a fee on the fee schedule, however, there will be significant cost
associated with the monitoring and enforcement of this easement in perpetuity, and so theCity should recover these costs with this Development Agreement.
The Development Agreement will not be executed until the final construction plans are approved,
all fees and securities, and insurance certificates are received among other requirements. Only after
recording of the final plat and the completion of a pre-construction meeting with the City can the
construction commence.
FISCAL IMPACT:
The future financial impacts include maintenance of streets, trails, sanitary sewer mains,
watermains, and other public infrastructure, maintenance of storm water ponding areas (after
warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Water Accessibility Charges and property taxes for the 25 lot single family residential subdivision.
OPTIONS:
The City Council has the following options:
1)Adopt Resolution 2017-138 approving the Development Agreement for Hidden Meadows
at Lake Elmo 2nd Addition; or
2)Direct Staff to amend the draft Development Agreement to bring back to a future City Council meeting.
City Council – Staff Report
Meeting date: 12/5/2017
Page 3
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2017-138 approving the Development
Agreement for Hidden Meadows at Lake Elmo 2nd Addition.
“Move to adopt Resolution 2017-138 approving the development agreement for Hidden
Meadows at Lake Elmo 2nd Addition Final Plat”
ATTACHMENTS:
•Resolution 2017-138
•Hidden Meadows at Lake Elmo 2nd Addition Development Agreement
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION NO. 2017-138
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR HIDDEN MEADOWS
AT LAKE ELMO 2ND ADDITION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and
WHEREAS, RM Investments, LLC and Mpls RE, LLC 13925 Fenway Blvd N, Hugo, MN 55042 (“Developer”) has previously submitted an application to the City of Lake Elmo (“City”) for Final Plat to be called Hidden Meadows at Lake Elmo 2nd Addition, a copy of which is on file in the City Planning Department; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2006-038 approving the Open Space Preservation Development Stage Plan, Preliminary Plat and CUP of Hidden Meadows of Lake Elmo on April 18, 2006; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2017-073 approving The
Hidden Meadows at Lake Elmo 2nd Addition Final Plat on July 5, 2017; and
WHEREAS, a condition of approval of said Resolution 2017-073 establishes that prior to execution of the Final Plat by City officials, the Applicant shall enter into a Development Agreement with
the City; and.
WHEREAS, the Developer and the City have agreed to enter into such a contract and a copy of the Development Agreement was submitted to the City Council for consideration at its December 5, 2017 meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Development Agreement for The Royal Golf Club at Lake Elmo 1st Addition and authorizes the mayor and city Clerk to execute the document.
Passed and duly adopted this 5th day of December, 2017 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________ Mike Pearson, Mayor ATTEST:
____________________________________ Julie Johnson, City Clerk
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(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water) HIDDEN MEADOWS 2ND ADDITION
THIS DEVELOPMENT AGREEMENT is dated ______________, 2017, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and RM Investments, LLC,
a Minnesota limited liability company and Mpls RE, LLC, a Minnesota limited liability company
(collectively, the “Developers”).
1. REQUEST FOR PLAT APPROVAL. The Developers have asked the City to approve
a plat for Hidden Meadows 2nd Addition (referred to in this Agreement as the “Subdivision”). The
property being platted is situated in the County of Washington, State of Minnesota, and is legally
described on Exhibit A.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on
the condition that the Developers enter into this Agreement, furnish the security required by it,
and file the plat with the County Recorder or Registrar of Titles within 180 days after the City
Council approves the final plat.
3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the
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Property and the construction therein of certain public and private improvements. The Developers
may not grade or otherwise disturb the earth, remove trees, or construct public or private
improvements or any buildings within the Subdivision until all the following conditions precedent
have been satisfied:
A. the Developers have prepared a warranty deed conveying fee title to Outlot F and Outlot
G to the City and provided the executed deed to the City for recording with Washington
County;
B. the Developers have executed and recorded with Washington County all drainage and
utility easements required for the Subdivision by the City Engineer and Public Works
Director in the City’s standard form;
C. the Developers have executed and recorded with Washington County the storm water
maintenance and easement agreement in the City’s standard form;
D. this Agreement has been executed by the Developers and the City;
E. the required Security (as hereinafter defined) have been received by the City from or on
behalf of the Developers;
F. final construction plans and specifications have been submitted by the Developers and
approved by the City Engineer;
G. the Developers have paid the City for all legal, engineering, and administrative expenses
incurred by the City regarding the City approvals and has given the City the additional
City Engineering Administration Escrow required by this Agreement;
H. the Developers have paid any outstanding assessments and taxes for the property or
property being deeded to the City;
I. the Developers have fulfilled any park dedication requirements as specified under this
Agreement;
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J. the Developers have received all necessary permits from the MPCA, MDH, DNR,
applicable watershed, Washington County, and any other agency having jurisdiction over
the Subdivision;
K. the Developers have provided the City with a certificate of insurance required by this
Agreement;
L. the Developers or the Developers’ engineer and the Developers’ contractor(s) have
initiated and attended a preconstruction meeting with the City Engineer and City staff;
M. the final plat has been recorded with Washington County;
N. the City has issued a written notice that all above conditions have been satisfied and that
the Developers may proceed;
O. Legal documents regarding homeowner association documents, covenants, and
restrictions have been submitted, reviewed and approval by the City Attorney; and
P. the Developers have provided a title insurance policy for all land being deeded or
dedicated to the City in the plat.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat,
the City may refuse to approve final plats of subsequent phases of the development if the
Developers are not in compliance with any term of this Agreement and the non-compliance has
not been remedied. Development of subsequent phases of the development may not proceed
until development agreements for such phases are approved by the City. Park dedication charges
and availability charges for sewer and water referred to in this Agreement are not being imposed
on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the
plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots
and blocks.
5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased
preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be
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void unless final platted into lots and blocks, not outlots, within five years after preliminary plat
approval.
6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement,
no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the
use, development density, lot size, lot layout, or dedications of the approved final plat unless
required by state or federal law or agreed to in writing by the City and the Developers. Thereafter,
notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state
law, the City may require compliance with any changes to the City's Comprehensive Plan, official
controls, platting, or dedication requirements enacted after the date of this Agreement.
7. DEVELOPMENT PLANS. The Developers agree to develop the Property in
accordance with the City approvals, including the terms and conditions of approval of the final plat
as detailed in City Council Resolution No. 2017-073, and to construct all improvements in
accordance with the approved construction plans and specifications (collectively, the “Plans”)
prepared by a professional engineer registered in the State of Minnesota at their sole expense.
All terms and conditions of the City approvals are hereby incorporated by reference into this
Agreement. The documents which constitute the Plans are those on file with and approved by
the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the
Developers without the prior written approval of the City.
8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the
Developers shall make or install at their sole expense the following public and private
improvements (collectively, the “Subdivision Improvements”):
A. Grading and erosion control;
B. Private sanitary sewer conveyance system;
C. Phase 2 wastewater disposal system;
D. Water system improvements;
E. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.);
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F. Streets;
G. Trails;
H. Underground private utilities;
I. Landscaping;
J. Street lighting and signage;
K. Tree preservation and reforestation;
L. Wetland mitigation and buffers; and
M. Monuments required by Minnesota Statutes.
All improvements shall be installed in accordance with the approved Plans, the City
approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and
the City’s Landscape and Irrigation Standards. The Developers shall instruct their engineer to
provide adequate field inspection personnel to assure an acceptable level of quality control to the
extent that the Developers’ engineer will be able to certify that the construction work meets the
approved Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition
of City acceptance. In addition, the City may, at the City's discretion and at the Developers’
expense, have one or more City inspectors or a soil engineer inspect the Developers’ work on a
full or part-time basis. The Developers’ engineer shall provide for on-site project management.
The Developers’ engineer is responsible for design changes and contract administration between
the Developers and the Developers’ contractor.
9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developers shall submit
to the City an amount to be escrowed by the City for City administration and construction
observation costs in an amount provided under paragraph 37 of this Agreement - Summary of
Cash Requirements. Thereafter, the Developers shall reimburse the City each month, within 30
days of receiving an invoice, for all administration and construction observation costs incurred by
the City during the construction of the Subdivision Improvements by the City’s engineering, public
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works, planning, and landscape architecture staff and consultants. After 30 days of the invoice,
the City may draw upon the escrow and stop the work on site until the escrow has been
replenished in its full amount. City administration and oversight will include monitoring of
construction progress and construction observation, consultation with the Developers and the
Developers’ professionals on status or problems regarding the project, coordination for testing,
final inspection and acceptance, project monitoring during the warranty period, and processing of
requests for reduction in the Security. Construction observation shall include, at the discretion of
the City, part or full time inspection of proposed public utilities and street construction. Services
will be billed by the City on an hourly basis.
The direction and review provided by the City through the inspection of the Subdivision
Improvements should not be considered a substitute for the Developers-required management of
the construction of the Subdivision Improvements. The Developers must require the Developers’
contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to
the commencement of construction of each type of Subdivision Improvement. The City shall
inspect all Developers-installed Subdivision Improvements during and after construction for
compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The
Developers will notify the City at such times during construction as the City requires for inspection
purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or
joint venture relationship between the City and the Developers is thereby created.
10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees,
and City Planning Commission members, and corporations, partnerships, and other entities in
which such individuals have greater than a 25 percent ownership interest or in which they are an
officer or director may not act as contractors or subcontractors for the Subdivision Improvements
identified in Paragraph 8 above.
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11. TIME OF PERFORMANCE. The Developers shall install all required Subdivision
Improvements, per the phasing plan,by October 31, 2020, with the exception of the final wear
course of asphalt on streets. The Developers shall install the bituminous wearing course of streets
after the first course has weathered a winter season, consistent with warranty requirements,
however, final acceptance of the Subdivision Improvements by the City will not be granted until
all work is completed, including the final wear course. The Developers may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating
the Security posted by the Developers to reflect cost increases and amending this Agreement to
reflect the extended completion date. Final wear course placement outside of this time frame
must have the written approval of the City Engineer.
12. MAINTENANCE DURING CONSTRUCTION. The Developers shall be responsible
for all maintenance of the Subdivision Improvements including the snow plowing of the streets,
roads and alleys until the Subdivision Improvements are accepted by the City in writing. The
Developers are also responsible to locate all underground utilities until the Subdivision is accepted
in writing by the City. Warning signs shall be placed by the Developers when hazards develop in
streets to prevent the public from traveling on same and to direct attention to detours. If and when
streets become impassable, such streets shall be barricaded and closed by the Developers. In
the event residences are occupied prior to completing streets, the Developers shall maintain a
smooth surface and provide proper surface drainage to ensure that the streets are passable for
traffic and emergency vehicles. The Developers shall be responsible for keeping streets within
and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto
the street from the Developers’ operations. The Developers shall contract for street cleaning for
streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping
shall take place on a weekly basis.
Prior to the City’s acceptance of the streets, the City may agree, at the City’s sole
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discretion, to keep the streets open during winter months by plowing snow. The City will consider
snow plowing streets on a case by case basis and under the following conditions: 1) the
Developers must request in writing the streets in question to be plowed by the City, with such
request received prior to October 1st of each winter season that plowing is requested; 2) the
streets must be occupied by residents of the City; 3) for streets that do not have the bituminous
wear course placed, the Developers must install paved wedges along all curb lines and catch
basins; 4) gate valves and manholes must be level with the pavement surface; 5) street curves,
center medians, and other protrusions in the right-of-ways must be delineated with “High-vis”
fiberglass stakes; 7) a site review must be scheduled and conducted with Public Works and
attended by the Developers to accept the streets for plowing prior to the commitment of plowing
by the City; 8) the City shall not be responsible for any damage caused by snow plowing
operations to the streets, curb and gutter, manholes, catch basins, or other infrastructure; and 8)
the Developers shall enter into an Agreement with the City for plowing of the streets.
13. LICENSE. The Developers hereby grant the City, its agents, employees, officers, and
contractors a license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property and this Agreement.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the Subdivision via Kelvin
Avenue North. No construction traffic is permitted on other adjacent local streets, including the
loading and unloading of equipment.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
Developers to construct the Subdivision Improvements in a sequence which will allow progress
and compliance points to be measured and evaluated. The Developers and the Developers’
representatives are required to supervise and coordinate all construction activities for all
Subdivision Improvements and must notify the City in writing stating when the work is ready for
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the inspection at each of the measurable points defined in the following paragraphs.
16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall
be completed in a manner designed to control erosion and in compliance with the City Code, the
City’s Engineering Design and Construction Standards Manual, all watershed district permits, the
Minnesota Pollution Control Agency’s best management practices, and other requirements
including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate
storm sewer system program. Prior to initiating any work on the site, an erosion control plan must
be implemented by the Developers and inspected and approved by the City. Erosion and
sediment control measures shall be coordinated with the various stages of development. The
City may impose additional erosion control requirements at any stage in development as deemed
necessary to maintain a compliant site. All areas disturbed for site improvements must be
reseeded by the Developers promptly after the work in the area is complete unless construction
of the next stage of the improvements will begin in that area within seven days. The parties
recognize that time is of the essence in controlling erosion.
If the Developers do not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developers in advance of any
proposed action, but failure of the City to do so will not affect the Developers’ and City's rights or
obligations hereunder. If the Developers do not reimburse the City for any cost the City incurred
for such work within 10 days, the City may draw down the Security to pay any costs. No
development, utility or street construction will be allowed and no building permits will be issued
by the City unless the Subdivision is in full compliance with the approved erosion control plan.
If building permits are issued prior to the acceptance of public Subdivision Improvements,
the Developers assume all responsibility for erosion control compliance throughout the
Subdivision and the City may take such action as allowed by this Agreement against the
Developers for any noncompliant issue as stated above. Erosion control plans for individual lots
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will be required in accordance with the City’s building permit requirements, or as required by the
City or City Engineer.
17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise
prepare the Property for development, it will be necessary for the Developers to grade the
Subdivision. All grading must be done in compliance with this Agreement and the approved
grading plans. Within 30 days after completion of the grading, the Developers shall provide the
City with an “as built” grading plan and a certification by a registered land surveyor or engineer
as required in the City’s Engineering Design and Construction Standards Manual.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers,
watermain, and streets, including turn lane and intersection improvements, shall be installed in
accordance with the approved Plans, the City approvals, the City Code, and the City’s
Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the
bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work
on the site shall be completed in accordance with the approved Plans. Once the work is
completed, the Developers or the Developers’ representative shall submit a written request to the
City asking for an inspection of the initial improvements. The City will then schedule a walk-
through to create a punch list of outstanding items to be completed. Upon receipt of the written
punch list provided by the City, the punch list items must be completed by the Developers and
the City notified to re- inspect the improvements. The final bituminous wear course shall be
installed by the Developers after the first bituminous course has weathered a winter season. Prior
to placement of the final bituminous wear course, the Developers shall repair or replace all broken
or failing curbs, sidewalks and damaged or settled streets as determined by the City from a pre-
wear course walk through inspection.
19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS.
A. The Developers agree to install landscaping in accordance with the approved Plans,
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the City approvals, the City Code, the City’s Engineering Design and Construction
Standards Manual, and the City’s Landscape and Irrigation Standards. All
landscaping materials such as trees, shrubs, grasses, or other vegetation installed
by the Developers must be warrantied and maintained for a period of two years. The
two year warranty period shall be deemed to start once all required landscaping
identified as responsibility of Developers in the approved Plans has received
acceptance by the City. The Developers agree to have the installer of the
landscaping complete an inspection 30 days prior to the end of the two year warranty
period and provide the City with a written report identifying the condition of all
landscaping. In the event any landscaping installed by the Developers is deemed to
be in poor condition or dead, the Developers are to replace the landscaping with like
kind materials or as otherwise approved by the City.
B. The Developers shall be responsible for maintaining regular watering, fertilizing, and
over-seeding necessary to establish final lawns and yards as identified in the
approved Plans for outlots, public rights-of-way, and any disturbed areas outside the
Subdivision boundaries according to a landscape maintenance plan approved by the
City. The Developers agree to achieve “substantial performance” on all seeded or
sodded lawns and yards disturbed during the construction of Subdivision
Improvements. For the purpose of this Agreement, “substantial performance” shall
be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf
areas with an average blade height of three inches free of eroded, bare, or dead
spots and free from perennial weeds or unwanted grasses with no visible surface
soil.” For areas seeded with a native grass or flower mix “substantial performance”
shall be defined as “square foot native grass or flower areas with an average height
of eight inches free of eroded, bare, or dead spots and no visible surface soil.”
20. SIGNAGE, STREET LIGHTING, AND OTHER UTILITIES. The Developers agree
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to install street signs, traffic and parking signs, and pavement markings within the Subdivision all
in accordance with the approved Plans and the City Engineering Design Standards Manual.
Street and traffic sign details shall be submitted by the Developers to the City for approval prior
to installation. In addition, the Developers shall be responsible for the cost and all coordination
work to extend private utilities along with street lighting within the Subdivision all in accordance
with the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Agreement, the Subdivision Improvements lying within public easements shall
become City property. Prior to acceptance of the public Subdivision Improvements by the City,
the Developers must furnish the City with a complete set of reproducible "record" plans and an
electronic file of the "record" plans in accordance with the City’s Engineering Design and
Construction Standards Manual together with the following affidavits:
- Developers/Developers’ Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this
Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and
affidavits, and upon review and verification by the City Engineer that the public Subdivision
Improvements have been completed in accordance with the terms of this Agreement, the City
Engineer will accept the completed public Subdivision Improvements.
22. PARK DEDICATION. The Developers shall pay to the City a cash contribution of
$84,000.00 in satisfaction of the City's park dedication requirements. The charge was calculated
as follows: seven percent of the purchase price of the Property,1,200,000.00, as indicated by the
Fourth Amendment to Purchase Agreement, dated September 18, 2017.
23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
AND WAC). The Developers shall be responsible for the payment of all water availability
charges (WAC) with respect to the Subdivision Improvements required by the City and any state
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or metropolitan government agency.
The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by
the Developers to the City prior to recording the final plat. The total amount to be paid by the
Developers is $75, 0000.00.[1]
In addition, a water connection charge in the amount of $1,000.00 per REC will be payable
by the Developers and collected by the City at the time the building permit is issued for each lot.
24. STREET LIGHTS. The Developers are responsible for the cost of street light installation
consistent with a street lighting plan approved by the City. Before the City signs the final plat, the
Developers shall post security for street light installation consistent with the approved Plans. The
required security is $36, 000.00 (calculated as six decorative lights at a cost of $6000 each). The
Developers shall also pay the City $129/street light (a total of $774.00) to reimburse the City for
the first year operating costs for the street lights.
25. WETLAND MITIGATION. The Developers shall complete wetland
mitigation/restoration in accordance with the approved Plans and in accordance with any
applicable watershed or agency permits. If the mitigation work is found to be incomplete or
restoration is unsuccessful, the City may draw down the Security at any time during the warranty
period to perform the work if the Developers fail to take corrective measures after being provided
reasonable notice by the City.
26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. No building permit shall be issued for any lot within the Subdivision, or within a
completed phase of the Subdivision in a City preapproved phasing plan, until such
time that sanitary sewer, water, storm sewer, curbing, and one lift of asphalt has
been installed and tested for all public streets; trails have been installed; street and
traffic control signs are installed; property monuments have been installed and
grading as-built plans have been submitted and approved by the City. Installation of
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the Phase 2 Wastewater Treatment System must be complete prior to issuance of
building permits for Phase 2. A “preapproved phasing plan” is defined as a phased
construction plan that has been submitted by the Developers and approved by the
City in advance of the preconstruction meeting for the Subdivision. Once the
construction has started, the City will not consider revisions to the phasing plan for
the purpose of issuing building permits.
B. Issuance of two building permits for “model homes” may be authorized by the City
Planning Director prior to the completion of the Subdivision Improvements described
in paragraph 26 (A) above, if there is safe public access to the lot that is sufficient to
allow construction to proceed and there is a grading as-built plan approved by the
City for the lot and all downstream storm water drainage facilities. However, the City
will not issue a certificate of occupancy for any “model home” until all conditions
identified in paragraph 26 (A) above have been completed. The Developers shall
use the model homes only for real estate sales purposes and no other purposes.
C. Prior to issuance of building permits, wetland buffer monuments shall be placed in
accordance with the City’s zoning ordinance. The monument design shall be
approved by the Planning Department.
D. Breach of the terms of this Agreement by the Developers, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of
occupancy, and withholding of other permits, inspection or actions and the halting of
all work in the Subdivision.
E. If building permits are issued prior to the acceptance of the public Subdivision
Improvements by the City, the Developers assume all liability and costs resulting in
delays in completion of public Subdivision Improvements and damage to public
Subdivision Improvements caused by the City, the Developers, the Developers’
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511401v2 SJS LA515-31
contractors, subcontractors, materialmen, employees, or agents, or any third parties.
F. No sewer and water connection permits may be issued until the streets needed for
access have been paved with a bituminous surface and the utilities are tested and
approved by the City Engineer.
27. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that work
required by this Agreement has been performed and the amounts due to them have
not been paid, and the laborers, materialmen, or others are seeking payment from
the City, the Developers hereby authorize the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and
deposit the funds in compliance with the Rule, and upon such deposit, the
Developers shall release, discharge, and dismiss the City from any further
proceedings as it pertains to the funds deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees pursuant to this
Agreement.
B. Except as otherwise specified herein, the Developers shall pay all costs incurred by
it or the City in conjunction with the development of the Subdivision, including but
not limited to legal, planning, engineering, and inspection expenses incurred in
connection with the City’s approval and acceptance of the plat and the Subdivision,
the preparation of this Agreement, the City’s review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Subdivision. All amounts incurred and due to the City
at the time of the recording of the final plat must be fully paid by the Developers prior
to the City executing and releasing the final plat for recording.
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511401v2 SJS LA515-31
C. The Developers shall hold the City and its officials, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred
resulting from the City’s approval of the plat and the development of the Subdivision.
The Developers shall indemnify the City and its officials, employees, and agents for
all costs, damages, or expenses which the City may pay or incur in consequence of
such claims, including attorneys' fees.
D. The Developers shall reimburse the City for costs incurred in the enforcement of this
Agreement, including reasonable engineering and attorneys' fees.
E. The Developers shall pay, or cause to be paid when due, and in any event before
any penalty is attached, all special assessments referred to in this Agreement. This
is a personal obligation of the Developers and shall continue in full force and effect
even if the Developers sell one or more lots, the entire Property, or any portion of it.
F. The Developers shall pay in full all bills submitted to them by the City for obligations
incurred under this Agreement within 30 days after receipt. Bills not paid within 30
days shall be assessed a late fee per the City adopted fee schedule. Upon request,
the City will provide copies of detailed invoices of the work performed by the City
and its consultants.
28. CITY PAYMENTS. The City shall reimburse the Developers in the amount of $58,
064.00 for oversizing costs associated with the installation of 16 inch water main as identified on
the Plans. City payments shall be made within 30 days of the City’s final acceptance of the
Improvements, but only if the Developers are not in default of this Agreement. This payment by
the City shall be the City’s only responsibility with regard to construction of the Improvements
and in no case shall act as a waiver of any other right of the City under this Agreement or under
applicable laws, ordinances, or rules.
29. SPECIAL PROVISIONS. The following special provisions shall apply to the
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511401v2 SJS LA515-31
Subdivision:
A. Implementation of the recommendations listed in the ___________________,
Engineering memorandum.
B. Upon the recording of the final plat, the Developers shall convey Outlots F and G to
the City by warranty deed, free and clear of any and all encumbrances, unless
otherwise agreed to by the City.
C. The Developers shall install a temporary turnaround on 56th Place North in
accordance with the Phase 1 Plan until it is extended to the east with the second
phase of the phasing plans.
D. The Developers must obtain a sign permit from the City Building Official prior to
installation of any subdivision identification signs.
E. The Developers shall enter into a Landscape License Agreement with the City that
clarifies the individuals or entities responsible for maintenance of any landscaping
installed in areas outside of land dedicated as public park and open space on the
final plat.
F. A declaration addressing the management and maintenance of the common areas,
the maintenance of the communal septic system and establishing a homeowners’
association must be submitted in final form to the City for the review and approval
by the City Attorney prior to issuance of any building permit within the Subdivision.
G. The septic system on Lot 1, Block 1, Hidden Meadows 2nd Addition must be replaced
per Inspection Report from Inspect Minnesota & Midwest Soil Testing.
H. All permits and title for the property on which the communal septic system is to be
located must be transferred to the homeowners’ association. The City requires
evidence of this transfer.
I. The Developers shall enter in to an encroachment agreement with the City assigning
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511401v2 SJS LA515-31
responsibility for the maintenance of retaining walls in Kelvin Avenue North and 57th
Street North rights-of-way to the homeowners’ association.
K. The Developers shall escrow $4,000 with the City in order to ensure the proper
cleanup of the dump site on the Property by the Developers. The Developer shall
enter in to a conservation easement agreement with the City over Outlots B, C, D, F,
G, H and I and reimburse the City $20,000 for maintenance costs associated with this
easement.
30. MISCELLANEOUS. A. The Developers may not assign this Agreement without the written permission of the
City Council. The Developers’ obligations hereunder shall continue in full force and
effect even if the Developers sell one or more lots, the entire Property, or any portion
of it. . Notwithstanding the requirements herein, the City specifically grants
permission to Developer to assign this Agreement to Creative Homes/Rachel
Development provided Developer gives proper notice to the City and provided
Developer is not in default of any provision in this Agreement. Upon assignment of
the Agreement to Creative Homes/Rachel Development, the Developer shall be
released of any obligations of this Agreement, including but not limited to the
requirement that Developer provide any Security for the obligations described
herein, and said obligations of the Agreement shall be the sole and exclusive
obligation of Creative Homes/Rachel Development.
B. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a professional engineer licensed by the State
of Minnesota. Following construction, a certification signed by the design engineer
shall be filed with the City Engineer evidencing that the retaining wall was
constructed in accordance with the approved Plans. All retaining walls identified on
the Plans or by special conditions referred to in this Agreement shall be constructed
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511401v2 SJS LA515-31
before any other building permit is issued for a lot on which a retaining wall is
required to be built.
C. Legal documents regarding homeowner association documents, covenants, and
restrictions shall be submitted to the City prior to recording of the final plat for review
and approval by the City Attorney.
D. The Developers shall take out and maintain or cause to be taken out and maintained
until six months after the City has accepted the public Subdivision Improvements,
public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of Developers’ work or
the work of its subcontractors or by one directly or indirectly employed by any of
them.
Limits for bodily injury and death shall be not less than $500,000 for one person and
$1,500,000 for each occurrence; limits for property damage shall be not less than
$200,000 for each occurrence; or a combination single limit policy of $1,500,000 or
more. The City shall be named as an additional insured on the policy, and the
Developers shall file with the City a certificate of insurance evidencing coverage prior
to the City signing the plat. The certificate shall provide that the City must be given
30 days’ advance written notice of the cancellation of the insurance.
E. Third parties shall have no recourse against the City under this Agreement.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City Council.
20
511401v2 SJS LA515-31
The City's failure to promptly take legal action to enforce this Agreement shall not be
a waiver or release.
H. This Agreement shall run with the land and may be recorded against the title to the
Property at the Developers’ expense. The Developers covenant with the City, its
successors and assigns, that the Developers have fee title to the Property being final
platted and have obtained consents to this Agreement, in the form attached hereto,
from all parties who have an interest in the Property, including, but not limited to,
mortgagees; that there are no unrecorded interests in the Property being final
platted; and that the Developers will indemnify and hold the City harmless for any
breach of the foregoing covenants.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each
and every right, power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at any time thereafter
any other right, power or remedy.
J. The Developers represent to the City that the Subdivision and the Subdivision
Improvements comply or will comply with all City, County, metropolitan, state, and
federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the
Subdivision is not in compliance, the City may, at its option, refuse to allow
construction or development work in the Subdivision until it is brought into
compliance. Upon the City’s demand, the Developers shall cease work until there
is compliance.
31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this
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511401v2 SJS LA515-31
Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement,
any one or more of the following events:
A. Subject to unavoidable delays, failure by the Developers to commence and complete
construction of the public Subdivision Improvements pursuant to the terms,
conditions, and limitations of this Agreement.
B. Failure by the Developers to substantially observe or perform any material covenant,
condition, obligation, or agreement on its part to be observed or performed under
this Agreement.
32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject
to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by
written, executed instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from the Developers, deemed adequate by the City, that Developers will
cure their default and continue their performance under the Agreement. Suspension
of performance includes the right of the City to withhold permits including, but not
limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is
necessary for the City to secure performance of any provision of this Agreement or
recover any amounts due under this Agreement from the Developers, or immediately
draw on the Security, as set forth in this Agreement.
33. ENFORCEMENT BY CITY; DAMAGES. The Developers acknowledge the right of
the City to enforce the terms of this Agreement against the Developers, by action for specific
performance or damages, or both, or by any other legally authorized means. In the event of a
default by the Developers as to construction or repair of any of the Subdivision Improvements or
any other work or undertaking required by this Agreement, the City may, at its option, perform the
22
511401v2 SJS LA515-31
work and the Developers shall promptly reimburse the City for any expense incurred by the City.
This Agreement is a license for the City to act, and it shall not be necessary for the City to seek
an order from any court for permission to enter the Subdivision for such purposes. If the City
does such work, the City may, in addition to its other remedies, levy special assessments against
the land within the Subdivision to recover the costs thereof. For this purpose, the Developers, for
themselves and their successors and assigns, expressly waive any and all procedural and
substantive objections to the special assessments, including, but not limited to, hearing
requirements, and any claim that the assessments exceed the benefit to the land so assessed.
The Developers, for themselves and their successors and assigns, also waive any appeal rights
otherwise available pursuant to Minnesota Statutes Section 429.081.
The Developers also acknowledges that their failure to perform any or all of the
Developers’ obligations under this Agreement may result in substantial damages to the City; that
in the event of default by the Developers, the City may commence legal action to recover all
damages, losses and expenses sustained by the City; and that such expenses may include, but
are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement
of this Agreement.
34. WARRANTY. During the warranty period, the Developers warrant that all Subdivision
Improvements will be free from defects and that they will continue to meet all technical
specifications and standards. During the warranty period, the Developers agree to repair or
replace any Subdivision Improvement, or any portion or element thereof, which shows signs of
failure, normal wear and tear excepted. If the Developers fail to repair or replace a defective
Subdivision Improvement during the warranty period, the City may repair or replace the defective
portion and may use the Security to reimburse itself for such costs. The Developers agree to
reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the
cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made
23
511401v2 SJS LA515-31
within 45 days of the date upon which the City notifies the Developers of the cost due under this
paragraph. The Developers hereby agree to permit the City to specially assess any unreimbursed
costs against any lots in the Subdivision which have not been sold to home buyers if the
Developers fail to make required payments to the City. The Developers, on behalf of themselves
and their successors and assigns, acknowledge the benefit to the lots within the Subdivision of
the repair or replacement of the Subdivision Improvements and hereby consent to such
assessment and waives the right to a hearing or notice of hearing or any appeal thereon under
Minnesota Statutes, Chapter 429.
A. The required warranty period for all work relating to the private sewer and public
water shall be two years from the date of final written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, trails, materials and equipment shall be subject to one year
from the date of final written acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is two years from the
date of final written City acceptance of the installation.
35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Agreement, payment of special assessments, payment of the costs of all public
Subdivision Improvements, and construction of all public Subdivision Improvements, the
Developers shall furnish the City with an irrevocable letter of credit or a cash escrow or a
combination of a cash escrow and letter of credit (the “Security") in the amount of $2,230,607.
The bank originating the letter of credit shall be determined by the City to be solvent and
creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and
must be approved by the City. The amount of the Security was calculated as itemized on Exhibit
C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer
satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the
24
511401v2 SJS LA515-31
Developers and the Developers shall provide to the City within 45 days a substitute for the letter
of credit from another bank meeting the City’s requirements. If the Developers fail to provide the
City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City,
the City may draw under the existing letter of credit.
This breakdown is for historical reference; it is not a restriction on the use of the Security.
The City may draw down the Security, without notice, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required
public Subdivision Improvements are not completed at least 30 days prior to the expiration of the
Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be
used by the City to cure the default.
36. REDUCTION OF SECURITY. Upon written request by the Developers and upon receipt
of proof satisfactory to the City Engineer that work has been completed in accordance with the
approved Plans and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve reductions in the Security in the following
instances:
A. Upon completion of grading operations, including temporary site restoration. The
Developers must submit an as-built grading survey to the City that at a minimum
establishes the as-built grades at all lot corners and downstream drainage
conveyance systems and storm water ponds. Upon inspection of the site and
approval of the as-built survey by the City, 100 percent, or $156,250, of the Security
associated with grading may be released. This Security reduction does not include
amounts related to erosion and sedimentation control.
B. Up to 75 percent of the Security associated with the itemization on Exhibit C may
be released upon completion of the following key milestones of the project as
determined by the City Engineer:
1. Construction Categories 2 and 3: The amount of $375,003 may be released
25
511401v2 SJS LA515-31
when all sanitary sewer and watermain utilities have been installed, all testing
and televising has been successfully completed, sanitary sewer as-builts have
been verified, and the utilities are considered ready for use by the City
Engineer.
2. Construction Categories 4 and 5: The amount of $587,042 may be released when all streets
and storm sewer have been installed and tested, and have been found to be complete to the
satisfaction of the City Engineer including all corrective work for any identified punch list items
and including verification of storm sewer as-built inverts, but not including the final wear course.3.
Construction Categories 6-10 and 14-17: The amount of $411,848 may be released when all
remaining Developers’ obligations under this Agreement have been completed including: (1)
bituminous wear course; (2) street lighting and private utilities; (3) trails; (4) bio retention facilities;
(5) iron monuments for lot corners have been installed; (3) all financial obligations to the City
satisfied; (4) the required "record" plans in the form of the City standards have been received and
approved by the City; and (5) the public Subdivision Improvements are accepted by the City
Engineer and the City Council.
Construction Categories 11, 12 and 13: The amount of $181,875 may be
released when landscaping Subdivision Improvements have been installed to
the satisfaction of the City including all corrective work for any identified punch
list items.
C. Twenty-five percent of the original Security amount, excluding grading and
landscaping improvements shall be retained until: (1) all Subdivision
Improvements have been fully completed and accepted by the City, including all
corrective work and warranty punch list items; (2) all financial obligations to the
City have been satisfied; and (3) the warranty period has expired.
D. Twenty-five percent of the original Security amount associated with landscaping
shall be retained by the City until: (1) all landscaping Subdivision Improvements
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511401v2 SJS LA515-31
have been fully completed and accepted by the City, including all corrective work
and warranty punch list items being completed by the Developers; (2) all financial
obligations to the City have been satisfied; and (3) the warranty period has expired.
E. In addition to the above project milestone based Security reductions, the
Developers may submit a written request and upon receipt of proof satisfactory to
the City Engineer that work is progressing in accordance with the approved Plans
and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve a one-time reduction in the Security
for Construction Categories 2-5 in an amount not to exceed 50 percent of the initial
Security amount.
F. It is the intent of the parties that the City at all times have available to it Security in
an amount adequate to ensure completion of all elements of the Subdivision
Improvements and other obligations of the Developers under this Agreement,
including fees or costs due to the City by the Developers. To that end and
notwithstanding anything herein to the contrary, all requests by the Developers for
a reduction or release of the Security shall be evaluated by the City in light of that
principle.
37. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Agreement which must be paid to the City prior to recording the final plat:
Water Availability Charge (WAC): $75,000 Park Dedication: $84,000
Street Light Operating Fee: $645[2] City Base Map Upgrading ($25.00 per REU): $650 Reimbursement for City Maintenance Costs Associated With Conservation Easement $20,000 City Engineering Administration Escrow: $50,000 Dump Site Cleanup Escrow $4,000 TOTAL CASH REQUIREMENTS: $234,295
27
511401v2 SJS LA515-31
38. NOTICES. Required notices to the Developers shall be in writing, and shall be either
hand delivered to the Developers, their employees or agents, or mailed to the Developers by
certified mail at the following addresses: 13925 Fenway Blvd N, Hugo, MN 55042. Notices to the
City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to
the City by certified mail in care of the City Administrator at the following address: Lake Elmo City
Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042.
39. EVIDENCE OF TITLE. The Developers shall furnish the City with evidence of fee
ownership of the property being platted by way of a title insurance policy dated not earlier than 30
days prior to the execution of the plat.
40. COMPLIANCE WITH LAWS. The Developers agree to comply with all laws,
ordinances, regulations, and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of the Minnesota.
41. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this
Agreement.
42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement
is cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, or available to the City at law or in equity, or under any other agreement. Each
and every right, power, and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy.
If either party waives in writing any default or nonperformance by the other party, such waiver
shall be deemed to apply only to such event and shall not waive any other prior or subsequent
default.
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511401v2 SJS LA515-31
43. COUNTERPARTS. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
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511401v2 SJS LA515-31
CITY OF LAKE ELMO By: ____________ __________________ Mike Pearson Its: Mayor By: __________________ _____________ Julie Johnson Its: City Clerk
STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
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511401v2 SJS LA515-31
RM INVESTMENTS, LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________, 20___, by _______________________, the _______________________of RM Investments, LLC, a Minnesota limited liability company, on behalf of the company.
NOTARY PUBLIC
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511401v2 SJS LA515-31
MPLS RE, LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________, 20___, by _______________________, the _______________________of Mpls RE, LLC, a Minnesota limited liability company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
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511401v2 SJS LA515-31
FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT
, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2 .
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 20___.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
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511401v2 SJS LA515-31
MORTGAGE CONSENT TO DEVELOPMENT AGREEMENT
, which holds a mortgage on the Property, the development of which is governed by the foregoing Development
Agreement, agrees that the Development Agreement shall remain in full force and effect even if it forecloses on its mortgage.
Dated this day of , 2 .
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
34
511401v2 SJS LA515-31
CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT
, which/who has a contract purchaser's interest in all or part of the Property, the development of which is governed by the foregoing Development Agreement, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the Property in which there is a contract purchaser's interest. Dated this ___ day of ________________, 20___.
STATE OF MINNESOTA )
) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
A-1
511401v2 SJS LA515-31
EXHIBIT A TO DEVELOPMENT CONTRACT Legal Description of the Property Being Final Platted as
Hidden Meadows 2nd Addition
Outlots A and B, and Lot 1, Block 1, all in Hidden Meadows of Lake Elmo, Washington County, Minnesota.
B-1
511401v2 SJS LA515-31
EXHIBIT B TO DEVELOPMENT CONTRACT List of Plan Documents Hidden Meadows of Lake Elmo 2nd Addition Construction Plans The following documents prepared by Solution Blue, and Damon Farber, collectively constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE
C1 Cover Sheet 10-31-17
C1.1 Existing Site Map 10-31-17
C1.2-C1.3 Phasing Plan 10-31-17
C2.0-C.2.7 Existing Site 10-31-17
C3 SWPPP 10-31-17
C4-C5 Site Development Plan 10-31-17
C6.0 Site Area Map 10-31-17
C7-C10 Grading & Erosion Control Plans 10-31-17
C11-C15 Utility Plan & Profile 10-31-17
C16-C20 Sanitary Sewer Plan & Profile 4-03-17
C21-C25 Grading & Drainage Plan & Profile 10-31-17
C26 Drainage Laterals 10-31-17
C27 Drainage Tab & Typ Section Sheet 10-31-17
C28-C30 Signage Plans 10-31-17
C31-C38 Details 10-31-17
L001-L004 Landscape Plan Sheets 10-30-17
WW1-WW5 Sanitary Collection System Plans
C-1
511401v2 SJS LA515-31
EXHIBIT C TO DEVELOPMENT CONTRACT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125percent
1 Grading $125,000 $156,250
2 Sanitary Sewer $107,890 $134,863
3 Watermain $292,113 $365,141
4 Storm Sewer (includes pond structures
and outfall pipes)
$301,130 $376,413
5 Streets and Sidewalks $325,048 $406,310
6 Trails $28,600 $35,750
7 Surface Water Facilities (ponds,
infiltration basins, other BMPs)
$131,988 $164,984
8 Street Lighting
$36,000 $45,000
9 Street and Traffic Signs $8,600 $10,750
10 Private Utilities (electricity, natural gas,
telephone, and cable)
$0 $0
11 Landscaping Improvements $185,000 $231,250
12 Tree Preservation and Restoration $ $0
13 Wetland Mitigation and Buffers $9,000 $11,250
14 Monuments $2,500 $3,125
15 Erosion and Sedimentation Control $80,247 $100,309
16 Miscellaneous $0 $0
17 Developer’s Record Drawings $5,000 $6,250
TOTALS $1,784,485 $2,230,607
511401v2 SJS LA515-31
FORM OF IRREVOCABLE LETTER OF CREDIT
No.__________________
Date: ________________
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Names of Developers) and in your favor, our
Irrevocable Letter of Credit in the amount of $___________ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___, of (Name of Bank)" ;
b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 20___. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation.
BY:
Its