HomeMy WebLinkAbout#17 - Union Park DASTAFF REPORT
DATE: 10/01/2019
REGULAR
TO: City Council
FROM: Ken Roberts, Planning Director
AGENDA ITEM: Union Park First Addition - Development Agreement
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
BACKGROUND:
The Final Plat for the Union Park First Addition is also on the agenda for consideration tonight. An
executed developer’s agreement is a condition of final plat approval and is required before the developer
records the final plat with Washington County.
ISSUE BEFORE CITY COUNCIL:
The City Council is being asked to adopt Resolution 2019-064 approving the developer agreement for the
Union Park First Addition.
REVIEW/ANALYSIS:
A condition of approval of the Union Park First Addition Final Plat is that the developer enter into a
Developer’s Agreement with the City before the execution of the plat by City officials. The key aspects
of the agreement include the following components:
•That all public improvements to be completed by December 1, 2020 due to phasing within the
development.
•That the developer provide a letter of credit in the amount of $2,117,120 related to the cost of the
proposed improvements.
•That the developer provide the City with a cash deposit of $548,066 for sewer and water availability
charges, park dedication and engineering administration escrow.
The City has approved the final construction plans for the project, subject to some minor changes and
corrections. Upon execution of this Agreement, receipt of all fees and securities, recording of the final plat
and the completion of a preconstruction meeting with the City, the applicant may start site grading and
construction.
FISCAL IMPACT:
The future financial impacts include maintenance of sanitary sewer mains, watermains and other public
infrastructure, maintenance of storm water ponding areas (after warranty period), and other public financial
responsibilities typically associated with a new development. The City will collect any necessary building
permit fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes at the time
of building permit application for each property as they develop.
OPTIONS:
The City Council is being asked to consider the approval of the developer’s agreement and has the following
options:
1) Adopt Resolution 2019-064 approving the developer agreement for Union Park First Addition; or
2)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 2019-064 approving the developer’s agreement for
the Union Park First Addition with the following motion:
“Move to adopt Resolution 2019-064 approving the Developer’s Agreement for the Union
Park First Addition”
ATTACHMENTS:
•Resolution 2019-064
•Union Park First Addition Development Agreement
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2019-064
A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE UNION PARK
FIRST 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, Pulte Homes of Minnesota (Pulte), Eden Prairie, MN (“applicant”) has previously
submitted an application to the City of Lake Elmo (“City”) for a Final Plat for the Union Park First
Addition; and
WHEREAS, the Lake Elmo City Council approved the 240-unit Bentley Village Preliminary
Plat and on March 19, 2019; and
WHEREAS, Pulte is now proposing to final plat the first phase of the 240-unit development with
the name Union Park; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2019- 063 on October, 2019
approving the Final Plat for the Union Park First Addition; and
WHEREAS, a condition of approval of said Resolution 2019-063, 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 September 3, 2019
meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the
Developer’s Agreement for Union Park First Addition and authorizes the Mayor and City Clerk to
execute the document.
Passed and duly adopted this 1st day of October, 2019 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)
Union Park First Addition
THIS DEVELOPMENT AGREEMENT is dated ______________, 2019, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”), and Pulte Homes of
Minnesota LLC, a Minnesota limited liability company (the “Developer”).
1.REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Union Park (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.
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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 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 the Public Works
Director in the City’s standard form;
B. [1]this Agreement has been executed by the Developer and the City;
C. the required Security (as hereinafter defined) have been received by the City from or on
behalf of the Developer;
D. final construction plans and specifications have been submitted by the Developer and
approved by the City Engineer;
E. 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
City Engineering Administration Escrow required by this Agreement;
F. 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;
G. the Developer has provided the City with a certificate of insurance required by this
Agreement;
H. the Developer, the Developer’s engineer and the Developer’s contractor(s) have initiated
and attended a preconstruction meeting with the City Engineer, and City staff;
I. the final plat has been recorded with Washington County;
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J. all homeowners’ association declarations, covenants, and restrictions have been
submitted, reviewed, and approved by the City Attorney; and
K. a title insurance policy has been issued in the amount of $100,000 in favor of the City,
insuring the City’s interests as they appear on the plat; and
L. the City has issued a written notice that all of the above conditions have been satisfied
and that the Developer may proceed.
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 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 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
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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. 2019-XX, 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.Water 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;
J.Tree preservation and reforestation; and
K.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
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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 32 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 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.
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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 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 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, 2020, 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 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
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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 Subdivision is accepted in writing by
the City. The Developer shall place warning signs 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, the Developer shall barricade and close such streets. In the event residences are
occupied before 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.
Before 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 it is requesting to be plowed by the City, with such request
received prior to October 1st of each winter season that plowing is requested; 2) there must be
residences along the street; 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 of the street; 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 “HI-VIS” fiberglass
stakes; 6) a site review must be scheduled by the Developer and conducted with the City’s Public
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Works Department with the Developer in attendance to review the streets that are being
requested to be plowed prior to the commitment of plowing by the City; 7) the Developer must
agree not to hold the City responsible for any damage caused by snow plowing operations to the
streets, curb and gutter, manholes, catch basins or other infrastructure; and 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 5th Street
North. No construction traffic is permitted on other adjacent local streets. The Developer and its
contractors are required to manage all construction parking, construction staging and material
deliveries internal to the Subdivision. No parking or construction staging, including the loading
and unloading of materials and equipment along 5th Street North is allowed at any time during the
construction of the Subdivision Improvements and buildings and structures within the Subdivision.
The Developer shall be responsible for repairing or replacing all street and boulevard damage
caused by construction activities at no cost to the City.
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
be completed in a manner designed to control erosion and in compliance with the City Code, the
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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. Before initiating any work on the site, the Developer must
implement an erosion control plan and have the erosion control measures 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 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 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 the City issues building permits before 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
required by the City or City Engineer.
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16. 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.
17. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, water
main, 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, trails, 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 or repairs the Developer is to complete. Upon
receipt of the written punch list provided by the City, the Developer must complete all items on
the punch list and then notify the City to re-inspect the improvements. The Developer shall install
the final bituminous wear course after the first bituminous course has weathered a winter season.
Before the 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.
18. 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 Construction
Standards Manual, and the City’s Landscape and Irrigation Standards. All
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landscaping materials such as trees, shrubs, grasses, or other vegetation installed
by the Developer 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 Developer in the approved Plans has received
acceptance by the City. The Developer agrees 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 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 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.”
19. 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
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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.
20. 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.
21. PARK DEDICATION. The Developer shall pay a cash contribution of $124,000 in
satisfaction of the City's park dedication requirements. The charge was calculated as follows:
10% of $1,240,000 (the purchase price per the Purchase Agreement).
22. 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 before recording the final plat. The total amount to be paid by the
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Developer is: $186,000.00.
The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by
the Developer to the City before recording the final plat. The total amount to be paid by the
Developer is: $186,000.00.
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 City issues a building permit for each lot.
23. STREET LIGHTS. The Developer is 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
Developer shall post a Security for street light installation consistent with the approved plan. The
required Security is $24,000 and consists of four decorative lights at $6,000 each. The Developer
also shall pay the City $129/light ($516.00) to reimburse the City for the first year operating costs
for the street lights.
24. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. The City will not issue a building permit 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; boulevard grading has been completed
within the entire right-of-way (without hold down grading for the future sidewalk or
any other improvements); street and traffic control signs are installed; property
monuments have been installed or all property corners have been staked with the
property corner elevation noted on the stake[2]; 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
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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. The City Planning Director may authorize the issuance of a single building permit for
a “model home” before the completion of the Subdivision Improvements described
in paragraph 24 (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 24 (A) above have been completed. The Developer shall use
the model home only for real estate sales purposes and no other purposes.
C. 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.
D. If the City issues building permits before 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.
E. If the City issues building permits before the construction of front yard sidewalks or
trails, the Developer assumes all responsibility for the coordination, liability and costs
to: 1) ensure that the sidewalks and trails are constructed prior to any driveways for
any lots with sidewalks or trails; 2) that the sidewalks and trails are constructed
continuously from end of street to end of street without exceptions or gaps in the
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sidewalk or trail; 3) that there is a stop work order on all building construction for
impacted lots during the sidewalk and trail construction and curing periods to prohibit
traffic prior to City approval; and 4) that all boulevard grading and restoration re-work
is completed immediately following the sidewalk or trail construction.
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.
25. 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 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 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 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
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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, liabilities, 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.
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.
F. The Developer shall pay in full all bills submitted to it 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.
26. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. Implementation of the changes and recommendations listed in the August 1, 2019,
Engineering memorandum.
B. The Developer must obtain a sign permit from the City Building Official before the
installation of any subdivision identification signs.
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C. All public trails shall be located within outlots, with easements that are at least 30
feet in width, and that said easements either be dedicated to the City in the plat or
an easement in a form acceptable to the City be provided. The title policy to be
provided to the City shall insure the City’s interests in this property.
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 .
E. The Developer shall install a bituminous trail and a concrete sidewalk along Julia
Avenue in the public right-of-way. The trail and the sidewalk shall either be
dedicated to the City in the plat or easements in a form acceptable to the City be
provided. The title policy to be provided to the City shall insure the City’s interest in
this property.
F. The Developer shall extend the public watermain to the southerly limits of the
Subdivision as required by the City Engineer.
G. The Developer shall revise the landscape plans to meet the conditions of approval
of the preliminary plat and the changes required by the City’s Landscape Architect
as outlined in his memo dated July 24, 2019.
H. The Developer shall address all Fire Chief and Building Official comments in its final
development plans.
I. The Developer shall obtain any necessary approvals or easements from adjoining
property owners for any private off-site work or impacts the development of the
Property may have, including, but not limited to, storm water drainage and utility
work.
J. The Developer shall notify all home builders and home buyers about possible City
outdoor watering restrictions and require that the home builders notify all home
buyers that the City may impose limits on outdoor water use including no vehicle
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washing and no watering of grass or sod unless the Developer is notified by the City
that this notice is no longer required. Said decision about whether or not this notice
is no longer required shall be made at the sole discretion of the City. The Developer
shall have the City approve the notification message before recording the final
plat.[3]
27.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 constructed
before the city issues any other building permit for a lot on which a retaining wall is
required to be built.
C.Legal documents regarding homeowner association declarations, covenants, and
restrictions shall be submitted to the City before 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 months after the City has accepted the public Subdivision Improvements,
public liability and property damage insurance covering personal injury, including
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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
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.
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
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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.
28. 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.
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29.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.
30.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
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
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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.
31.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 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.
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A.The required warranty period for all work relating to the public sewer and 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, sidewalks and trails, materials and equipment shall be one
year from the date of final written City acceptance of the work.
C.The required warranty period for sod, trees, and landscaping shall be two years from
the date of final written City acceptance of the installation.
32.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 $2,117,120.
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
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
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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.
33. 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. 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 $461,231 may be released
when all sanitary sewer and water main 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 $484,357 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 $91,308 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
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610189v2LA515-69
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 $36,300 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.
B.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.
C.Twenty-five percent 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.
D.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 50 percent of the initial
Security amount. This one-time Security reduction does not apply to Categories
4-5 if boulevard sidewalks or trails have not been installed.
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E.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.
34.SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Agreement which must be paid to the City before recording the final plat:
Sewer Availability Charge (SAC): $186,000
Water Availability Charge (WAC): $186,000
Park Dedication: $124,000
Special Assessments Due: $0
Street Light Operating Fee: $516
City Base Map Upgrading ($25.00 per REU): $1,550
City Engineering Administration Escrow: $50,000
TOTAL CASH REQUIREMENTS: $548,066
35.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: 7500 Flying Cloud Drive, Suite 670, Eden Prairie, MN 55344. 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, 3880 Laverne Avenue N., Suite 100, Lake Elmo, Minnesota 55042.
36.EVIDENCE OF TITLE. The Developer 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
thirty (30) days prior to the execution of the plat.
37.COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws,
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610189v2LA515-69
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.
38.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.
39.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.
40.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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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 ________________,
2019, 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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PULTE HOMES OF MINNESOTA LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________,
2019, by Pulte Homes of Minnesota LLC, the _______________________of Pulte Homes of
Minnesota LLC on behalf of the limited liability company.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
30
610189v2LA515-69
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 , 2019.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2019.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
31
610189v2LA515-69
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 , 2019.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________,
2019, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY:
City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
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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 ________________, 2019.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________,
2019, by ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
610189v2LA515-69
EXHIBIT A TO
DEVELOPMENT AGREEMENT
Legal Description of Property Being Final Platted
That portion of the East Half of the Southwest Quarter and that portion of the West Half
of the Southeast Quarter, both in Section 34, Township 29, Range 21, Washington
County, Minnesota, described as follows:
Commencing at the West Quarter corner of said Section 34; thence South 00 degrees 00
minutes 40 seconds East, along the West line of said Section 34, a distance of 472.55
feet; thence North 89 degrees 57 minutes 32 seconds East, a distance of 1315.91 feet to
the West line of said East Half of the Southwest Quarter; thence South 00 degrees 02
minutes 55 seconds West, along said West line a distance of 714.99 feet to the point of
beginning; thence North 89 degrees 55 minutes 22 seconds East, a distance of 212.38
feet; thence Southeasterly along a tangential curve concave to the Southwest having a
central angle of 29 degrees 05 minutes 37 seconds, a radius of 1100.00 feet for an arc
distance of 558.56 feet; thence South 60 degrees 59 minutes 01 seconds East, tangent
to said curve, a distance of 224.27 feet; thence Southeasterly along a tangential curve
concave to the North, having a central angle of 68 degrees 21 minutes 23 seconds, a
radius of 760.00 feet for an arc distance of 906.71 feet; thence North 50 degrees 39
minutes 36 seconds East, a distance of 410.97 feet; thence Northeasterly along a
tangential curve concave to the Southeast, having a central angle of 20 degrees 49
minutes 17 seconds, a radius of 1060.00 feet for an arc distance of 385.20 feet; thence
North 71 degrees 28 minutes 52 seconds East, tangent to said curve, a distance of 202.22
feet to the East line of said West Half of the Southeast Quarter; thence South 00 degrees
01 minutes 13 seconds West, along the East line a distance of 1517.53 to a line parallel
with and distant 217.80 feet North of the North right of way line of Highway No. 12; thence
South 89 degrees 54 minutes 16 seconds West, along said parallel line, a distance of
200.00 feet to a line parallel with and distant 200.00 feet West of said East line of the
West Half of the Southeast Quarter; thence South 00 degrees 01 minutes 13 seconds
West, along said parallel line, a distance of 173.18 feet to the North line of Minnesota
Department of Transportation Right of Way Plat No. 82-43; thence South 89 degrees 18
minutes 12 seconds West, along said North line a distance of 1875.94 feet; thence
continuing along said North line South 89 degrees 53 minutes 55 seconds West, a
distance of 230.61 feet to the East line of the West 333.00 feet of said East Half of the
Southwest Quarter; thence North 00 degrees 02 minutes 55 seconds East, along said
line a distance of 599.99 feet to the North line of the South 675.00 feet of said East Half
of the Southwest Quarter; thence South 89 degrees 53 minutes 57 seconds West, along
said North line a distance of 333.00 feet to said West line of the East Half of the Southwest
Quarter; thence North 00 degrees 02 minutes 55 seconds East, along said West line a
distance of 774.53 feet to the point of beginning.
B-1
610189v2LA515-69
EXHIBIT B TO
DEVELOPMENT AGREEMENT
List of Plan Documents
The following documents prepared by Alliant Engineering collectively constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS:
SHEET TITLE REVISION
DATE
1 of 37
Cover Sheet
_________/2019
2-3 of 37
Existing Conditions
_______/2019
4 of 37 Phasing Plan _______/2019
5A – 8 of 37 Preliminary Plat _______/2019
9 – 11 of 37 Site Plan _______/2019
12 of 37 Parking and Boulevard Plan _______/2019
13-15 of 37
Grading and Drainage Plan _______/2019
16 of 37 BP High Pressure Petroleum
Pipeline Profile
______/2019
17-18 of 37 Infiltration Basin and Pond
Details
______/2019
19 of 37 Grading Profiles ______/2019
20-22 of 37
Erosion and Sediment Control
Plan
_______/2019
23 Erosion and Sediment Control
Notes and Details
_____/2019
24-26 of 37
Sanitary Sewer & Watermain
Plan
_____/2019
27-29 of 37
Storm Sewer Plan
____/2019
30-32 of 37 Tree Preservation Plan _____/2019
33 of 37 Tree Inventory _____/2019
34-36 of 37
Landscape Plan
_____/2019
37 of 37
Landscape Schedule, Notes
and Details
_____/2019
C-1
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EXHIBIT C TO
DEVELOPMENT AGREEMENT
Subdivision Improvements Cost/Security Amount Estimate
CONSTRUCTION CATEGORY COST 125 percent
1 Grading
$257,767 $322,209
2 Sanitary Sewer
$352,290 $440,363
3 Watermain
$262,685 $328,356
4 Storm Sewer (includes pond structures
and outfall pipes)
$243,885 $304,856
5 Streets and Sidewalks
$401,925 $502,406
6 Trails
$21,125 $26,407
7 Surface Water Facilities (ponds,
infiltration basins, other BMPs)
$34,727 $43,409
8 Street Lighting
$24,000 $30,000
9 Street and Traffic Signs
$5693 $7116
10 Private Utilities (electricity, natural gas,
telephone, and cable)
$0 $0
11 Landscaping Improvements
$48,400 $60,500
12 Tree Preservation and Restoration
$0 $0
13 Wetland Mitigation and Buffers
$0 $0
14 Monuments
$6200 $7,750
15 Erosion and Sedimentation Control
$30,000 $37,500
16 Miscellaneous Facilities
$0 $0
17 Developer’s Record Drawings
$5,000 $6,250
TOTALS
$1,693,696
$2,117,120
D-C-2
610189v2LA515-69
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 ______________, 2019,
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, 3880 Laverne Ave. N., Suite 100, 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