HomeMy WebLinkAbout#13 - Union Park West DA STAFF REPORT
DATE: 05/18/2021
CONSENT
TO: City Council
FROM: Ken Roberts, Planning Director
AGENDA ITEM: Union Park West Addition - Development Agreement
REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney
BACKGROUND: On May 18, 2021, the City Council adopted Resolution 2021- 059 approving the Final Plat for the Union
Park West Addition. 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 2021-059 approving the developer agreement for the Union Park West Addition.
REVIEW/ANALYSIS: A condition of approval of the Union Park West 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, 2022 due to phasing within the development.
• That the developer provide a letter of credit in the amount of $2,731,770 related to the cost of the proposed improvements.
• That the developer provide the City with a cash deposit of $930,524 for sanitary 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 2021-059 approving the developer agreement for Union Park West 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 2021-059 approving the developer’s agreement for the Union Park West Addition with the following motion:
“Move to adopt Resolution 2021-059 approving the developer’s agreement for the Union Park
West Addition”
ATTACHMENTS:
• Resolution 2021-059
• Union Park West Addition Development Agreement
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(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water) Union Park West Addition
THIS DEVELOPMENT AGREEMENT is dated ______________, 2021, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”), and U. S. Homes
Corporation, (d/b/a Lennar), (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Union Park West 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 180 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. Unless
separate written approval has been given by the City, within the plat or land to be platted, 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 or the easements have been dedicated to the City on
the plat;
B. 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
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and attended a preconstruction meeting with the City Engineer, and City staff;
I. the final plat has been recorded with Washington County;
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 seven (7) years after preliminary
plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For five (5) 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.
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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. 2021 - XXX, 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.
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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 costs incurred by the City for Administration and
construction observation costs in an amount provided under Paragraph 34 of this Agreement -
Summary of Cash Requirements. Thereafter, if said escrowed amounts become exhausted, the
Developer shall reimburse the City each month, within thirty (30) days of receiving an invoice, for
all City-related administration and construction observation costs incurred by the City related to
the Subdivision Improvements and during the construction of the Subdivision Improvements by
the City’s engineering, public works, planning, and landscape architecture staff and consultants.
If the Developer has not paid the invoices after thirty (30) days of the invoice date, the City may
draw upon the escrow and stop the work on site until the Developer pays the invoice in full and/or
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
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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 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, 2022, 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
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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, which the City shall not be unreasonably withhold. If the City grants an extension, it shall
be conditioned upon updating the Security posted by the Developer to reflect cost increases and
amending this Agreement may occur if necessary 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
and its contractors must adhere to the City’s weight restrictions for all streets both inside and
outside of the Subdivision, regardless of whether said streets are included in the City’s map of
streets with weight restrictions and regardless of whether said streets are fully constructed. 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.
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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 rights-of-way 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
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 and Julia Avenue 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. The City does not allow or permit
parking or construction staging, including the loading and unloading of materials and equipment
along 5th Street North or along Julia Avenue North at any time during the construction of the
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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 approved plans
and specifications for the construction, 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.
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 the Subdivision Improvements
must be reseeded by the Developer promptly after the work in the area is complete unless
construction of the next stage of the Subdivision Improvements will begin in that area within seven
(7) days. The parties recognize that time is of the essence in controlling erosion.
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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) business 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.
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 thirty (30) days after completion of the grading, the Developer shall provide
the City with an “as built” grading plan and a certification prepared 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, 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
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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 identified punch list items. 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.
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 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 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 been field verified
and accepted 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-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.
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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.”
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
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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 pay a cash contribution of $265,200.00 in
satisfaction of the City's park dedication requirements. The charge was calculated as follows:
10% of $2,652,000 (the purchase price per the Purchase Agreement).
23. 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
Developer is: $306,000.00.
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: $306,000.00.
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.
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24. 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 $36,000 and consists of six decorative lights at $6,000 each. The Developer
also shall pay the City $129/light ($774.00) to reimburse the City for the first year operating costs
for the street lights.
25. 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; manhole inverts have been field verified;
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; 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. The City Planning Director may authorize the issuance of a single building permit for
a “model home building” before the completion of the Subdivision Improvements
described in paragraph 25 (A) above, however, the Model Home Lot (as hereinafter
defined) shall have all the following in place before the City will allow construction of
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the Model Home Building to proceed:
1. Adequate safe access for Emergency Services and contractors, including a
paved bituminous road to the building pad for the Model Home Building that is
sufficient to allow construction to proceed.
2. A grading as-built plan approved by the City for the lot identified to include the
Model Home Building and all downstream drainage facilities.
3. All storm water drainage facilities that include and are downstream from the
Model Home Lot are in place, meet the approved project plans, and are verified
by the City; and
4. The Developer shall install adequate parking, and sanitary sewer and municipal
water to the Model Home Lot.
C. The City will not issue a certificate of occupancy for any Model Home Building or for
any unit in the Model Home Building until:
1. the Model Home Lot has paved street access, parking, and circulation and meet
all City Code standards:
2. The Developer has installed all the curb and gutter and sidewalks in the Phase
of the Development in which the Model Home Building is located;
3. The Developer has installed all storm water facilities for and adjacent to the
Model Home Building and the storm water facilities down-stream from the Model
Home Building:
4. All other building and City Code requirements, including but not necessarily
limited to, connection to sanitary sewer and water and all conditions and
improvements identified in paragraph 25 (A) above have been completed,
inspected, verified by as-built surveys and approved and accepted by the City.
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D. The Developer shall use the model home only for real estate sales purposes and no
other purposes.
E. All public improvements must be inspected by the City, verified by as-built survey
where necessary and their installation approved and accepted by the City before the
City will issue a Certificate of Occupancy for any unit or for any building in the
Subdivision.
F. 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.
G. 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.
H. 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
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.
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I. 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.
26. 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
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
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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 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, and within ten business days of the request, the City will provide
copies of detailed invoices of the work performed by the City and its consultants.
27. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. Implementation of the changes and recommendations listed in the March 31, 2021,
Engineering memorandum.
B. The Developer must obtain a sign permit from the City Building Official before the
installation of any subdivision identification signs.
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.
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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
plat.
E. The Developer shall extend the public watermain to the southerly limits of the
Subdivision as required by the City Engineer.
F. If necessary, 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 March 16, 2021.
G. The Developer shall address all Fire Chief and Building Official comments in its final
development plans.
H. 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.
I. 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
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.
J. The applicant must provide the City a letter of approval from the owner of the gas
main to perform the proposed work in the gas pipeline easement as a condition of
final plat approval and before the contractor starts any site work or site grading.
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28. 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
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
$1,000,000 for each occurrence; limits for property damage shall be not less than
$200,000 for each occurrence; or a combination single limit policy of $1,000,000 or
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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
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
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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.
29. 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.
30. 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
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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.
31. 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
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,
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the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement.
32. 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 forty-five (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 one
(1) 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 (2) years
from the date of final written City acceptance of the installation.
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33. 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 $2,731,770.
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 forty-five (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 forty-five (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.
34. 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:
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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 $636,265 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 $695,377 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 $181,286 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 $79,262 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.
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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.
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.
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35. 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): $306,000 Water Availability Charge (WAC): $306,000 Park Dedication: $265,200 Special Assessments Due: $0 Street Light Operating Fee: $774 City Base Map Upgrading ($25.00 per REU): $2,550
City Engineering Administration Escrow: $50,000 TOTAL CASH REQUIREMENTS: $930,524
36. 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: U.S. Home Corporation, 16305 36th Avenue North, Suite 600, Plymouth,
MN 55446. 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.
37. 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.
38. 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.
39. 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.
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40. 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.
41. 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: ____________ __________________ Charles Cadenhead 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 ________________, 2021, by Charles Cadenhead 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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U.S. HOME CORPORATION
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________, 2021, by U. S. Homes Corporation, the _______________________of U.S. Homes Corporation 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
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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 , 2021.
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2021.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
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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 , 2021.
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________, 2021, 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 ________________, 2021.
STATE OF MINNESOTA )
) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________, 2021, 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
Outlot A, DPS Lake Elmo, according to the recorded plat thereof, County of Washington,
State of Minnesota.
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 28 Cover Sheet 05/06/2021
2-4 of 28 Details 05/06/2021 5 of 28 Existing Conditions Survey 05/06/2021 6 of 28 Removal Plan 05/06/2021 7 of 28 Outlot and Easement Plan 05/06/2021
8 of 28 Site, Lighting, Pavement Marking and Signage Plan 05/06/2021
9 of 28 Site Notes, Details and Typical Sections 05/06/2021
10 of 28 Parking and Boulevard Plan 05/06/2021
11 of 28 Grading and Drainage Plan 05/06/2021
12 of 28 Grading Notes and Details 05/06/2021
13 of 28 Pond Details 05/06/2021
14 of 28 Erosion and Sediment Control Plan 05/06/2021
15 of 28 Erosion Control and Sediment Control Plan 05/06/2021
16 of 28 Erosion and Sediment Control Notes and Details 05/062021
17 of 28 Utility Plan 05/06/2021 18 of 28 Utility Plan and Profiles 05/06/2021
19 of 28 Utility Plan and Profiles 05/06/2021
20 of 28 Utility Plan and Profiles 05/06/2021
21 of 28 Street and Storm Sewer Plan 05/06/2021
22-25 of 28 Street and Storm Sewer Plan and Profiles 05/06/2021
26 of 28 Street Intersection Details 05/06/2021
27 of 28 Landscaping Plan 05/06/2021
28 of 28 Landscaping Schedule, Notes and Details 05/06/2021
C-1
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EXHIBIT C TO DEVELOPMENT AGREEMENT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125 percent
1 Grading
$487,082 $608,853
2 Sanitary Sewer $313,229 $391,536
3 Watermain $365,453 $456,817
4 Storm Sewer (includes pond structures
and outfall pipes)
$308,968 $386,210
5 Streets and Sidewalks $432,768 $540,959
6 Trails $42,867 $53,584
7 Surface Water Facilities (ponds, infiltration basins, other BMPs)
$53,555 $66,944
8 Street Lighting $36,000 $45, 000
9 Street and Traffic Signs $7,950 $9,938
10 Private Utilities (electricity, natural gas,
telephone, and cable)
$0 $0
11 Landscaping Improvements $84,546 $105,683
12 Tree Preservation and Restoration $0 $0
13 Wetland Mitigation and Buffers $0 $0
14 Monuments $9,200 $11,500
15 Erosion and Sedimentation Control
$38,798 $48,498
16 Miscellaneous Facilities $0 $0
17 Developer’s Record Drawings $5,000 $6,250
TOTALS $2,185,416 $2,731,770
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
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2021 - 059 A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR UNION PARK WEST
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, U.S. Home Corporation (Lennar) of 16305 36th Avenue N., Suite 600, Plymouth, MN 55446 (“Applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Union Park West Addition; and
WHEREAS, on March 19, 2019, the Lake Elmo City Council adopted Resolution 2019-020 approving the Preliminary Plat for a 240-unit multi-family subdivision known as Bentley Village, subject to 12 conditions; and
WHEREAS, on May 18, 2021, the Lake Elmo City Council adopted Resolution 2021 - 058 approving the Final Plat for Union Park West Addition (part of the development formerly known as Bentley Village); and WHEREAS, a condition of approval of said Resolution 2021 – 058 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
May 18, 2021 meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer’s Agreement for the Union Park West Addition and authorizes the Mayor and City Clerk to execute the document.
Passed and duly adopted this 18th day of May, 2021 by the City Council of the City of Lake Elmo, Minnesota.
________________________________________ Charles Cadenhead, Mayor ATTEST:
____________________________________
Julie Johnson, City Clerk