HomeMy WebLinkAbout# 12 Easton Village 2nd Development Agreement STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 12
MOTION
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Easton Village 2nd Addition Developers Agreement
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
Brian Swanson, Finance Director
BACKGROUND:
On May 2, 2017, the City Council adopted Resolution 2017-040 approving the Final Plat of
Easton Village 2nd Addition. An executed Developers Agreement is a condition of final plat
approval and is required prior to recording the final plat with Washington County.
ISSUE BEFORE COUNCIL:
The City Council is being asked to adopt Resolution 2017-057 approving the Developer
Agreement for Easton Village 2nd Addition.
REVIEW/ANALYSIS:
A condition of approval of the Easton Village 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:
• That all public improvements to be completed by October 31, 2017, with the exception of
the final wear course of asphalt on streets.
• That the developer provide a letter of credit in the amount of $702,776 related to the cost
of the proposed improvements.
• That the developer provide a letter of credit in the amount of $10,854 which represents
fee in lieu of park dedication for the 5.2 acre final plat to be released by the City when the
required 5.85 acres of parkland is dedicated to the City with future phases.
• The required improvements to the Village Parkway are included in the letter of credit
amount.
City Council – Staff Report Consent Item #12
Meeting date: 6/6/2017
Page 2
• That the developer provide a cash deposit of $186,779 for SAC and WAC charges,
engineering administration, one year of street light operating costs, railroad crossing
improvements, AUAR and other City fees.
• A temporary turnaround on the north end of Linden Avenue N and the north end of the
Village Parkway is to be installed by the developer.
The construction plans approval for the project are expected, but had not been given prior to the
preparation of this report. If approved, the final page of the Developer Agreement will be
updated to include the final construction plan dates. The Developer 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, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for
the 19 lot single family residential subdivision. $10,854 is being collected in the form of a Letter
of Credit to be released when the remaining parkland of the entire subdivision is dedicated to the
City.
The railroad improvements are estimated and should the construction cost more than estimated,
the benefiting properties will be assessed for the increased costs as stipulated in the Developer
Agreement.
OPTIONS:
The City Council is being asked to consider the approval of the Developer’s Agreement on the
consent agenda and has the following options:
1) Adopt Resolution 2017-057 approving the Developer Agreement for Easton Village 2nd
Addition on the Consent Agenda; or
2) Remove the item from the consent agenda and Direct Staff to amend the draft Developer
Agreement to bring back to a future City Council meeting.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2017-057 approving the Developer’s
Agreement for Easton Village 2nd Addition Planned Unit Development as part of tonight’s
consent agenda.
If the City Council removes the item from consent, then Staff recommends the following motion:
City Council – Staff Report Consent Item #12
Meeting date: 6/6/2017
Page 2
“Move to adopt Resolution 2017-057 approving the developer’s agreement for Easton Village
2nd Addition Final Plat”
ATTACHMENTS:
• Resolution 2017-057
• Easton Village 2nd Addition Developer’s Agreement
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Resolution 2017-057
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-057
A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE EASTON VILLAGE 2ND
ADDITION FINAL PLAT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the
laws of the State of Minnesota; and
WHEREAS, Chase Development, 2140 West County Road 42, Burnsville, MN (“applicant”)
has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Easton
Village 2nd Addition Planned Unit Development; and
WHEREAS, the Lake Elmo Planning Commission considered the Easton Village Sketch Plan at
its January 27, 2014 meeting; and
WHEREAS, the Lake Elmo City Council approved the Easton Village Preliminary Plat and on
July 15, 2014; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2017-057 on May 2, 2017
approving the Final Plat for Easton Village 2nd Addition; and
WHEREAS, a condition of approval of said Resolution 2017-057, establishes that prior to
execution of the Final Plat by City officials, the Applicant shall enter into a Developer’s Agreement with
the City; and
WHEREAS, the Applicant and the City have agreed to enter into such a contract and a copy of
the Developer’s Agreement was submitted to the City Council for consideration at its June 6, 2017
meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the
Developer’s Agreement for Easton Village 2nd Addition PUD and authorizes the mayor and city Clerk to
execute the document.
Passed and duly adopted this 6 day of June, 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)
Easton Village 2nd Addition
THIS DEVELOPMENT AGREEMENT is dated ______________, 2017, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”), and to Chase
Development, Inc, a Minnesota Limited Liability Company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Easton Village 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
condition that the Developer enter into this Agreement, furnish the security required by it, and
record the plat with the County Recorder or Registrar of Titles within 120 days after the City
Council approves the final plat.
3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of
the Property and the construction therein of certain public and private improvements. The
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Developer 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 Developer has 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;
B. the Developer has executed and recorded with Washington County the storm water
maintenance and easement agreement in the City’s standard form;
C. this Agreement has been executed by the Developer and the City;
D. the required Letters of Credit (as hereinafter defined) have been received by the City
from or on behalf of the Developer including a $10,854 for park dedication that will be
released upon required dedication of park land with a future phase of the development.
E. final construction plans and specifications have been submitted by the Developer and
approved by the City Engineer;
F. the Developer has 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
construction inspection escrow required by this Agreement;
G. the Developer has paid any outstanding assessments and taxes for the property or
property being deeded to the City;
H. the Developer has fulfilled any park dedication requirements as specified under this
Agreement;
I. the Developer has received all necessary permits from the MPCA, MDH, DNR,
applicable watershed, Washington County, and any other agency having jurisdiction
over the Subdivision;
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J. the Developer has provided the City with a certificate of insurance required by this
Agreement;
K. the Developer or the Developer’s engineer and the Developer’s contractor(s) have
initiated and attended a preconstruction meeting with the City Engineer, and City staff;
L. the final plat has been recorded with Washington County;
M. the City has issued a written notice that all above conditions have been satisfied and
that the Developer may proceed;
N. Legal documents regarding homeowner association documents, covenants, and
restrictions have been submitted, reviewed and approval by the City Attorney; and
O. the Developer shall provide a Title Policy for all land dedicated to the City.
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
Developer is 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
void unless final platted into lots and blocks, not outlots, within five (5) years after preliminary
plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this
Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to
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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 Developer.
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 Developer agrees 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. 2017-040, 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 its 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
Developer without the prior written approval of the City.
8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the
Developer shall make or install at its sole expense the following public and private
improvements (collectively, the “Subdivision Improvements”):
A. Grading and erosion control;
B. Sanitary sewer;
C. W ater system improvements;
D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.)
E. Streets and sidewalks;
F. Trails;
G. Underground private utilities;
H. Landscaping;
I. Street lighting and signage;
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J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.);
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 Developer shall instruct its engineer to
provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developer's 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
Developer's expense, have one or more City inspectors or a soil engineer inspect the
Developer’s work on a full or part-time basis. The Developer's engineer shall provide for on-site
project management. The Developer's engineer is responsible for design changes and contract
administration between the Developer and the Developer's contractor.
9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION.
At the time of the City’s approval of the final plat for the Subdivision, the Developer 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 38 of this Agreement - Summary of
Cash Requirements. Thereafter, the Developer 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 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
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construction progress and construction observation, consultation with the Developer and the
Developer’s 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 Developer-required management of
the construction of the Subdivision Improvements. The Developer must require the Developer’s
contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days
prior to the commencement of construction of each type of Subdivision Improvement. The City
shall inspect all Developer-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
Developer 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 Developer 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 twenty-five (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.
11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision
Improvements by October 31, 2017, with the exception of the final wear course of asphalt on
streets. The Developer shall install the bituminous wearing course of streets after the first
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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 Developer 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 Developer 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 Developer 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
developer is also responsible to locate all underground utilities until the development is
accepted in writing by the City. Warning signs shall be placed by the Developer 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
Developer. In the event residences are occupied prior to completing streets, the Developer
shall maintain a smooth surface and provide proper surface drainage to ensure that the streets
are passable for traffic and emergency vehicles. The Developer 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 Developer’s operations. The Developer 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
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 Developer must request in writing the streets in question to be plowed by the City, with
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such request received prior to October 1st of each winter season that plowing is requested. 2)
The streets must be occupied by residences of the City. 3) For streets that do not have the
bituminous wear course placed, the developer 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. 6) A site review must be scheduled and conducted with Public
Works, and attended by the developer, to accept the streets for plowing prior to the commitment
of plowing by the City. 7) 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.8) The Developer shall enter into an Agreement with the City for plowing of the
streets.
13. LICENSE. The Developer hereby grants 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
Linden Avenue North and the Village Parkway. No construction traffic is permitted on other
adjacent local streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
Developer to construct the Subdivision Improvements in a sequence which will allow progress
and compliance points to be measured and evaluated. The Developer and the Developer’s
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
the inspection at each of the measurable points defined in the following paragraphs.
16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall
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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 Developer 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 Developer 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 (7) days. The parties recognize that time is of the essence in controlling erosion.
If the Developer does 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 Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City
incurred for such work within ten (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 Developer assumes all responsibility for erosion control compliance
throughout the Subdivision and the City may take such action as allowed by this Agreement
against the Developer for any noncompliant issue as stated above. Erosion control plans for
individual lots will be required in accordance with the City’s building permit requirements, or as
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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 Developer 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 Developer 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 Developer or the Developer’s 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 Developer and
the City notified to re- inspect the improvements. The final bituminous wear course shall be
installed by the Developer after the first bituminous course has weathered a winter season.
Prior to placement of the final bituminous wear course, the Developer 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 Developer agrees to install landscaping in accordance with the approved
Plans, the City approvals, the City Code, the City’s Engineering Design and
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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 Developer must be warrantied and maintained for a
period of two (2) years. The two (2) year warranty period shall be deemed to start
once all required landscaping identified as responsibility of Developer in the
approved Plans has received acceptance by the City. The Developer agrees to
have the installer of the landscaping complete an inspection thirty (30) days prior to
the end of the two (2) 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 Developer is deemed to be in poor condition or dead, the
Developer is to replace the landscaping with like kind materials or as otherwise
approved by the City.
B. The Developer 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 Developer agrees 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 (3) 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 (8) inches free of eroded, bare, or dead spots and no
visible surface soil.”
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C. The Developer shall follow the City of Lake Elmo “Bee Safe” policy for pesticide
use as per City Council Resolution # 2015-13.
20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees
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 Developer to the City for approval prior to
installation. In addition, the Developer 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 Developer 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:
- Developer/Developer 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 Developer shall be required to dedicate 9.84 acres of land
for public park purposes for the entire subdivision. The Developer was required to dedicate 3.99
acres with the Easton Village 1st Addition. Future phases shall either dedicate the remaining
5.85 acres park land or pay a cash payment in lieu of land dedication consistent with the Lake
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Elmo Subdivision Ordinance. The developer shall provide a security in the form of a Letter of
Credit in the amount of $10,854 which represents fee in lieu of park dedication for the 5.2 acre
final plat to be released by the City when the required 5.85 acres of parkland is dedicated to the
City with future phases. .
23. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the
payment of the Village Area Alternative Urban Areawide Review (AUAR) fee as adopted
by the City Council with respect to the environmental review completed by the City. The
Village Area Alternative Urban Areawide Review (AUAR) fee in the amount of $230.00
per REC shall be paid by the Developer prior to the City recording the final plat. The total
amount to be paid by the Developer is $4,370.00
24. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
AND WAC). The Developer shall be responsible for the payment of all sewer availability
charges (SAC) and all water availability charges (WAC) with respect to the Subdivision
Improvements required by the City and any state or metropolitan government agency.
The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be paid
by the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is $57,000.00.
The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid
by the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is $57,000.00.
In addition, a sewer connection charge in the amount of $1,000.00 per REC, a
Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water
connection charge in the amount of $1,000.00 per REC will be payable by the Developer and
collected by the City at the time the building permit is issued for each lot.
25. STREET LIGHTS. The Developer is responsible for the cost of street light installation
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consistent with a street lighting plan approved by the City. Before the City signs the final plat,
the Developer shall post a Security for street light installation consistent with the approved plan.
The required Security is $48,000 and consist of seven (8) decorative lights at $6000 each, a
Developer shall also pay the City $1032 to reimburse the City for the first year operating costs
for the street lights.
26. WETLAND MITIGATION. The Developer 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 Developer fails to take corrective measures after
being provided reasonable notice by the City.
27. 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; sidewalks 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.
A “preapproved phasing plan” is defined as a phased construction plan that has
been submitted by the Developer 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 a single building permit for a “model home” may be authorized by the
City Planning Director prior to the completion of the Subdivision Improvements
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described in paragraph 27 (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 27 (A) above have been completed. The
Developer shall use the model home 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 Developer, 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 Developer assumes all liability and costs resulting in
delays in completion of public Subdivision Improvements and damage to public
Subdivision Improvements caused by the City, Developer, the Developer’s
contractors, subcontractors, materialmen, employees, 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.
28. 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
16
them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes 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 Developer shall release, discharge, and dismiss the City from any further
proceedings as it pertains to the letter of credit 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 Developer 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 Developer
prior to the City executing and releasing the final plat for recording.
C. The Developer 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 Developer 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 Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including reasonable engineering and attorneys' fees.
17
E. The Developer 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 Developer and shall continue in full force and effect
even if the Developer sells one or more lots, the entire Property, or any portion of
it.
The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Agreement within thirty (30) days after receipt. Bills not paid within thirty (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.
29. RAILROAD CROSSING IMPROVEMENTS. The Developer shall be required to pay
for a portion of the costs to secure, build and install a public rail crossing at the location shown
in Exhibit B to specifications required by the City, the Minnesota Department of Transportation,
the Union Pacific Rail Road and any other regulatory agency having jurisdiction over the
crossing and the track in accordance with the specifications of the City of Lake Elmo. The
Developer’s portion of these costs shall be calculated based on the percentage of the overall
number of Residential Equivalency Connection (REC) units planned for developments that will
directly access the Village Parkway minor collector road between Washington County Highway
14 and 30th Street divided by the estimated overall project costs. The City will request that all
future development projects connecting directly to Village Parkway contribute towards said
crossing improvement. The Developer shall provide all property in fee and/or easements as
required by the City necessary to establish the railroad crossing. The Developer paid $63,000
out of the estimated $193,000 to the City for its share of the estimated cost railroad crossing
improvements with the final plat of Easton Village 1st Addition.
A. The amount of the cash payment for Easton Village 2nd Addition shall be
$16,791 which was calculated as follows: $193,000 (Easton Village’s share of
the estimated project costs multiplied by 8.7% (19 Lots / 217 Lots in all phases)
18
= $16,791. In addition, the Developer shall pay the amount remaining due from
Easton Village 1st Addition, $111, which should have been calculated as:
$193,000 (Easton Village’s share of the estimated project costs multiplied by
32.7% (71 Lots / 217 Lots in all phases) = $63,111, less the $63,000 previously
paid. The total payment shall be $16,902 to fulfill the requirements for phase 1
and phase 2.
B. The calculation for future railroad crossing costs has been determined as
follows:
Parcel ID(s) Percentage Total Costs
Easton Village
13.029.21.14.0002
13.029.21.42.0001
13.029.21.41.0001
13.029.21.13.0001
38.6%
$193,000
13.029.21.43.0004
13.029.21.44.0002
17.8% $89,000
13.029.21.12.0001
13.029.21.14.0002
30.2% $151,000
13.029.21.24.0001 13.4% $67,000
Totals 100% $500,000
C. If the construction amount of the railroad crossing installation exceeds
$500,000, the additional cost shall be allocated proportionally to the parcels listed above upon
consent of all property owners and the City. The City may participate in the additional costs of
construction of the railroad crossing if it is deemed to be necessary as a matter of public
safety.
30. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
19
A. Implementation of the recommendations listed in the April 12, 2017, Engineering
memorandum.
B. The Developer shall install a temporary turnaround on the north end of Linden
Avenue N and the north end of the Village Parkway until it is extended to the north
with the future phase of the Easton Village development.
C. The Developer must obtain a sign permit from the City Building Official prior to
installation of any subdivision identification signs.
D. The Developer 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.
E. The Village Parkway shall be constructed complying with the Village Parkway
Typical Section and Village Parkway Collector Design Guidelines as modified with
the approval of the Easton Village 2nd Addition Final Plat.
31. MISCELLANEOUS.
A. The Developer may not assign this Agreement without the written permission of the
City Council. The Developer's obligations hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire Property, or any
portion of it.
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
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constructed 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 Developer shall take out and maintain or cause to be taken out and
maintained until six (6) 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
Developer's 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 Developer 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 thirty (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
21
writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this 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 Developer’s expense. The Developer covenants with the City, its
successors and assigns, that the Developer has fee title to the Property being final
platted and has 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 Developer 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 Developer represents 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 Developer shall cease work until there is
compliance.
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32. EVENTS OF DEFAULT. The following shall be "Events of Default" under this
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 Developer to commence and
complete construction of the public Subdivision Improvements pursuant to the
terms, conditions and limitations of this Agreement.
B. Failure by the Developer to substantially observe or perform any material
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement.
33. 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 Developer, deemed adequate by the City, that Developer will
cure its default and continue its 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 Developer, or
immediately draw on the Security, as set forth in this Agreement.
34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. In the event of a
default by the Developer as to construction or repair of any of the Subdivision Improvements or
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any other work or undertaking required by this Agreement, the City may, at its option, perform
the work and the Developer 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
Developer, for itself and its successors and assigns, expressly waives 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 Developer, for itself and its successors and assigns, also waives any appeal rights
otherwise available pursuant to Minnesota Statutes Section 429.081.
The Developer also acknowledges that its failure to perform any or all of the Developer’s
obligations under this Agreement may result in substantial damages to the City; that in the event
of default by the Developer, 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.
35. WARRANTY. During the warranty period, the Developer warrants 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 Developer agrees 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 Developer fails 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 Developer
agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or
24
replacement if the cost thereof exceeds the remaining amount of the Security. Such
reimbursement must be made within 45 days of the date upon which the City notifies the
Developer of the cost due under this paragraph. The Developer hereby agrees 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 Developer fails to make required payments to the City. The
Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the
lots within the Subdivision of the repair or replacement of the Subdivision Improvements and
hereby consents 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 public sewer and water
shall be two (2) 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, sidewalks and trails, materials and equipment shall be
subject to one (1) year from the date of final written acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is two (2) years from
the date of final written City acceptance of the installation.
36. 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
Developer 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 $702,776. 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
25
no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City
shall notify the Developer and the Developer 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 Developer fails
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 thirty (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.
37. REDUCTION OF SECURITY. Upon written request by the Developer 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
Developer 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, one hundred (100) percent, or $47,858,
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:
26
1. Construction Categories 2 and 3: The amount of $107,928 may be released
when all sanitary sewer and watermain utilities have been installed, all testing
and televising has been successfully completed, sanitary sewer as-built
inverts have been verified, and the utilities are considered ready for use by
the City Engineer.
2. Construction Categories 4 and 5: The amount of $263,651 may be released
when all streets, sidewalks, 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 $76,477 may be
released when all remaining Developer’s 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.
4. Construction Categories 11, 12 and 13: The amount of $43,133 may be
released when landscaping Subdivision Improvements have been installed to
the satisfaction of the City Landscape Architect including all corrective work
for any identified punch list items.
C. Twenty-five (25) percent of the original Security amount, excluding grading and
landscaping improvements shall be retained until: (1) all Subdivision
27
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 (25%) of the original Security amount associated with
landscaping shall be retained by the City until: (1) all landscaping Subdivision
Improvements have been fully completed and accepted by the City, including all
corrective work and warranty punch list items being completed by the Developer;
(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
Developer 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 fifty (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 Developer under this Agreement,
including fees or costs due to the City by the Developer. To that end and
notwithstanding anything herein to the contrary, all requests by the Developer for
a reduction or release of the Security shall be evaluated by the City in light of that
principle.
38. 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:
28
Sewer Availability Charge (SAC): $57,000
Water Availability Charge (WAC): $57,000
Park Dedication (Letter of Credit in amount of $10,584): N/A
AUAR Fee: $4,370
Railroad Crossing Improvement Contribution: $16,902
Special Assessments Due: $0
Street Light Operating Fee: $1032
City Base Map Upgrading ($25.00 per REU): $475
City Engineering Administration Escrow: $50,000
TOTAL CASH REQUIREMENTS: $186,779
39. NOTICES. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by
certified mail at the following address: 2140 County Rd 42 W, Burnsville, MN 55337. 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.
40. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee
ownership of the property being platted by way of an attorney’s title insurance policy dated not
earlier than thirty (30) days prior to the execution of the plat.
41. COMPLIANCE WITH LAWS. The Developer agrees 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.
42. 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.
43. 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
29
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.
44. 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.
30
CITY OF LAKE ELMO
By: ____________ __________________ Its: Mayor By: __________________ _____________ Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ___ day of ________________,
2017, 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
31
Easton Village, LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________,
2017, by _______________________, the _______________________of
____________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
32
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 , 2017.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2017.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
33
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 , 2017.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________,
20017, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY:
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
34
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 ________________, 2017.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________,
2017, by ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
A-1
EXHIBIT A TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
Outlot F, Easton Village, Washington County, Minnesota
B-1
EXHIBIT B TO
DEVELOPMENT CONTRACT
List of Plan Documents
The following documents prepared by Erickson Civil, and Pioneer Engineering, collectively
constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS:
SHEET TITLE REVISION
DATE
C1 Title Sheet
C2 Existing Conditions
C3 Grading Standard Plan Notes
C4-C5 Erosion Control and Site
Restoration Plan
C6-C7 Grading Plan
C8
Site Layout, Lighting and
Signing Plan
C9-C11 Street Plan and Profile
C12-C14
Sanitary Sewer & Watermain
Plan & Profile
C15 Details
C16-C22 City Standard Detail Plates
L1 Landscape Plan
L2 Landscape Plan Details
C-1
EXHIBIT C TO
DEVELOPMENT CONTRACT
Subdivision Improvements Cost/Security Amount Estimate
CONSTRUCTION CATEGORY COST 125%
1 Grading $ 38,286 $ 47,858
2 Sanitary Sewer $ 54,276 $ 67,845
3 Watermain $ 60,848 $ 76,059
4 Storm Sewer (includes pond structures
and outfall pipes)
$ 54,920 $ 68,650
5 Streets and Sidewalks $ 226,308 $ 282,885
6 Trails $ 12,570 $ 15,713
7 Surface Water Facilities (ponds,
infiltration basins, other BMPs)
$ - $ -
8 Street Lighting $ 48,000 $ 60,000
9 Street and Traffic Signs $ 700 $ 875
10 Private Utilities (electricity, natural gas,
telephone, and cable)
$ -
11 Landscaping Improvements $ 46,008 $ 57,510
12 Tree Preservation and Restoration $ -
13 Wetland Mitigation and Buffers $ -
14 Monuments $ 1,900 $ 2,375
15 Erosion and Sedimentation Control $ 15,406 $ 19,257
16 Miscellaneous Facilities $ -
17 Developer’s Record Drawings $ 3,000 $ 3,750
TOTALS $ 562,221 $ 702,776
FORM OF IRREVOCABLE LETTER OF CREDIT
No.__________________
Date: ________________
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) 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