HomeMy WebLinkAbout#05 - Easton Village 6th & 7th Add DA STAFF REPORT
DATE: March 19, 2024
CONSENT
TO: Mayor and City Council
FROM: Jenni Faulkner Consulting City Planner
AGENDA ITEM: Easton Village 6th and 7th Additions Development Agreement
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
BACKGROUND:
On December 13, 2022, the City Council adopted Resolution 2022-118 approving the Final Plat
for the Easton Village 7th Addition. The plat consists of 26 lots. The plat was extended on June
6, 2023 and again on February 6, 2024 (Resolutions 2023-054 and 2024-017 respectively) An
executed developer’s agreement is a condition of final plat approval and is required prior to
recording the final plat with Washington County.
Related to this, on August 15, 2023 the City Council adopted Resolution 2023-079 approving the
Final Plat for the Easton Village 6th Addition. This plat consists of 1 lot which was used for
temporary access for previous additions. The plat was extended on February 6, 2024 with the
adoption of Resolution 2024-016. An executed developer’s agreement is a condition of final plat
approval and is required prior to recording the final plat with Washington County.
Because of the timing and the fact Easton Village 6th Addition is only one lot, it make sense to
combine into one Development Agreement. The infrastructure for the sixth addition is in place,
however other conditions related to the development of the lot remain.
ISSUE BEFORE COUNCIL:
The City Council is being asked to adopt Resolution 2024-033 approving the developer agreement
for Easton Village 6th and 7th Additions for Chase Development.
REVIEW/ANALYSIS:
Some items of note in this agreement include:
• That all public improvements to be completed by June 30, 2026.
• That the developer provide a letter of credit in the amount of $1,137,575 for public
improvements costs related to the development.
City Council – Staff Report
Page 2
• That the developer provide a cash deposit of $242,303.00 for WAC, SAC, AUAR Fee,
Railroad Crossing and engineering/administration escrow.
• There are outstanding issues with trail easements to be dedicated to the City. Outlot J was
previously required to have an easement in favor of the City, however Outlot J has been
dedicated to the City so a separate easement is not needed. If the City were to convey the
parcel and retain the trail in the future, then an easement would be required at that time.
The other easement issue relates to Outlot E of the first addition. There is a D&U easement
over the entire parcel and a trail connection has been constructed in the outlot. However,
a trail easement has not been conveyed. Outlot E is now owned by the HOA. A condition
is included for the developer to prepare the legal description and facilitate said easement.
• The temporary construction easement granted in 2020 to accommodate Village Parkway
UP Railroad Crossing is to be extended until Feb 28, 2029.
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, construction can commence. The
developer has indicated a start date in spring 2024.
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, city utility connection charges, and Metro SAC fees at the time
of building permit application. City WAC and SAC are required to be paid prior to recording of
the final plat.
OPTIONS:
The City Council is being asked to consider the approval of the developer’s agreement and has the
following options:
1) Adopt Resolution 2024-033 approving the developer agreement for Easton Village 6th and
7th Additions; 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 2024-033 approving the developer’s
agreement for Amira Lake Elmo with the following motion:
“Move to adopt Resolution 2024-033 approving the developer’s agreement for
Easton Village 6th and 7th Additions”
City Council – Staff Report
Page 2
ATTACHMENTS:
• Resolution 2024-033
• Easton Village 6th and 7th Additions Development Agreement
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CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2024-033
A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR EASTON VILLAGE
6TH AND 7TH ADDITIONS
WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Chade Development Inc., a Minnesota corporation (the “Applicant”)
previously submitted an application to the City for final plat approvals for EASTON VILLAGE
6th ADDITION and EASTON VILLAGE 7TH ADDITION and
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2022-118 on December
13, 2022, approving the final plat for EASTON VILLAGE 7TH ADDITION; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2023-054 on June 6, 2023
and Resolution 2024-017 on February 6, 2024 extending the final plat for EASTON VILLAGE
7TH ADDITION; and
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2023-075 on August
15, 2023, approving the final plat for EASTON VILLAGE 6TH ADDITION; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2024-016 on February 6,
2024 extending the final plat for EASTON VILLAGE 6TH ADDITION; and
WHEREAS, the conditions of approval of the final plats included a requirement that the
Applicant enter into a development agreement acceptable to the City Attorney and approved by
the City Council that delineates who is responsible for the design, construction, and payment of
the required improvements with financial guarantees therefore; and
WHEREAS, EASTON VILLAGE 6TH ADDITION contains only one lot and it is more
efficient to combined the developers agreements; and
NOW, THEREFORE, the City Council of the City of Lake Elmo hereby:
Approves the Development Agreement for EASTON VILLAGE 6TH AND 7TH ADDITIONS
and authorizes the Mayor and City Clerk to execute it. The City Attorney is authorized to insert
or modify Exhibits of the Development Agreement as needed.
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Passed and duly adopted this 19th day of March 2024 by the City Council of the City of Lake Elmo,
Minnesota.
__________________________________
Charles Cadenhead, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
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(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water)
Easton Village 6th and 7th Additions
THIS DEVELOPMENT AGREEMENT is dated ______________, 2024, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and Chase Development,
Inc., a Minnesota corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve
plats for Easton Village 6th Addition and Easton Village 7th Addition (collectively 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 plats with the County Recorder or Registrar of Titles no later than February 11, 2025.
3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the
Subdivision and the construction therein of certain public and private improvements. Unless
separate written approval has been given by the City, within the plats or land to be platted, the
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Developer may not grade or otherwise disturb the earth, remove trees, or construct public or
private improvements or any buildings within the Subdivision until all the following conditions
precedent have been satisfied:
A. the Developer has executed and recorded with Washington County all drainage and
utility easements required for the Subdivision by the City Engineer and Public Works
Director in the City’s standard form or the easements have been dedicated to the City on
the plats;
B. the Developer shall prepare the legal description and exhibit for a public trail easement
on Outlot E Easton Village for the existing trail. Said easement shall be dedicated to the
City by separate instrument in the City’s standard form of easement and the Developer
shall facilitate its execution with the Easton Village HOA (property owner).
C. this Agreement has been executed by the Developer and the City;
D. the required Security (as hereinafter defined) has been received by the City from or on
behalf of the Developer;
E. final construction plans and specifications have been submitted by the Developer and
approved by the City Engineer;
F. the Developer has paid the City for all legal, engineering, and administrative expenses
incurred by the City regarding the City approvals and has given the City the additional
City Engineering Administration Escrow required by this Agreement;
G. the Developer has paid any outstanding assessments and taxes for the Subdivision or
property being deeded to the City;
H. the Developer has fulfilled any park dedication requirements as specified under this
Agreement;
I. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable
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watershed, Washington County, and any other agency having jurisdiction over the
Subdivision;
J. the Developer has provided the City with a certificate of insurance required by this
Agreement;
K. 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;
L. the final plats have been recorded with Washington County;
M. all homeowners’ association declarations, covenants, and restrictions have been
submitted, reviewed, and approved by the City Attorney;
N. 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 plats; and
O. the temporary construction easement granted in 2020 (to accommodate the Village
Parkway Union Pacific Railroad Crossing project) has been extended by the Developer
to February 28, 2029;
P. the City has issued a written notice that all above conditions have been satisfied and that
the Developer may proceed.
4. PHASED DEVELOPMENT. If the plats are phases 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 plats for future subdivision into lots and blocks, if any, in the
plats. Such charges will be calculated and imposed when these outlots, if any, are platted into
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lots and blocks.
5. PRELIMINARY PLAT STATUS. The Subdivision is a part of the preliminary plat of
Easton Village as it was approved by the City in 2014 and was platted as an outlot in Easton
Village 1st Addition. The parties agree that the preliminary plat of Easton Village shall remain in
effect with respect to the Subdivision. The final plats of the Subdivision shall be recorded with
Washington County by the Developer no later than February 11, 2025. Should the final plats not
be recorded within this timeframe, the final plats of the Subdivision and the preliminary plat of
Easton Village shall expire with respect to the property.
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 plats unless
required by state or federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state
law, the City may require compliance with any changes to the City’s Comprehensive Plan, official
controls, platting, or dedication requirements enacted after the date of this Agreement.
7. DEVELOPMENT PLANS. The Developer agrees to develop the Subdivision in
accordance with the City approvals, including the terms and conditions of approval of the final
plats as detailed in City Council Resolution Nos. 2022-118, 2023-053, 2024-017, 2023-079 and
2024-016 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
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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 sidewalk;
F. Trails;
G. Underground private utilities;
H. Landscaping;
I. Street lighting and signage;
J. Tree preservation and reforestation;
K. Wetland mitigation and buffers; and
L. Monuments required by Minnesota Statutes.
All Subdivision 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 plats for the Subdivision, the Developer shall submit to the City an
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amount to be escrowed by the City for City administration and construction observation costs in
an amount provided under Paragraph 38 of this Agreement – Summary of Cash Requirements.
Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an
invoice, for all administration and construction observation costs incurred by the City during the
construction of the Subdivision Improvements by the City’s engineering, public works, planning,
and landscape architecture staff and consultants. After 30 days of the invoice, the City may draw
upon the escrow and stop the work on site until the escrow has been replenished in its full amount.
City administration and oversight will include monitoring of construction progress and construction
observation, consultation with the Developer and the Developer’s professionals on status or
problems regarding the project, coordination for testing, final inspection and acceptance, project
monitoring during the warranty period, and processing of requests for reduction in the Security.
Construction observation shall include, at the discretion of the City, part or full time inspection of
proposed public utilities and street construction. Services will be billed by the City on an hourly
basis.
The direction and review provided by the City through the inspection of the Subdivision
Improvements should not be considered a substitute for the Developer-required management of
the construction of the Subdivision Improvements. The Developer must require the Developer’s
contractor(s) to furnish the City with a schedule of proposed operations at least five 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.
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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 June 30, 2026, 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 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 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 also is responsible to locate all underground utilities until the Subdivision is accepted
in writing by the City. Warning signs shall be placed by the Developer when hazards develop in
streets to prevent the public from traveling on same and to direct attention to detours. If and when
streets become impassable, such streets shall be barricaded and closed by the Developer. In
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the event residences are occupied prior to completing streets, the Developer shall maintain a
smooth surface and provide proper surface drainage to ensure that the streets are passable for
traffic and emergency vehicles. The Developer shall be responsible for keeping streets within
and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto
the street from the Developer’s operations. The Developer shall contract for street cleaning for
streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping
shall take place on a weekly basis.
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 each 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
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 Subdivision to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Subdivision and this
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Agreement.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction and street construction is restricted to access the Subdivision via 30th Street
North to Village Parkway to 32nd Street North to Linden Avenue North. No construction traffic is
permitted on other adjacent local streets or to cross the railroad tracks.
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 by email 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
City’s Engineering Design and Construction Standards Manual, all watershed district permits, the
Minnesota Pollution Control Agency’s best management practices, and other requirements
including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate
storm sewer system program. Prior to initiating any work on the site, an erosion control plan must
be implemented by the Developer and inspected and approved by the City. Erosion and sediment
control measures shall be coordinated with the various stages of development. The City may
impose additional erosion control requirements at any stage in development as deemed
necessary to maintain a compliant site. All areas disturbed for site improvements must be
reseeded by the Developer promptly after the work in the area is complete unless construction of
the next stage of the improvements will begin in that area within seven 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
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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. The City will
not allow any development or site work, utility, or street construction and will not issue any building
permits 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. The City will require erosion
control plans for individual lots 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 Subdivision for development, it will be necessary for the Developer to grade the
Subdivision. All grading must be done in compliance with this Agreement and the approved
grading plans. Within 30 days after completion of the grading, the Developer shall provide the
City with an “as built” grading plan and a certification by a registered land surveyor or engineer
as required in the City’s Engineering Design and Construction Standards Manual.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers,
watermain, and streets, including turn lane and intersection improvements, shall be installed in
accordance with the approved Plans, the City approvals, the City Code, and the City’s
Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the
bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work
on the site shall be completed in accordance with the approved Plans. Once the work is
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completed, the Developer or the Developer’s representative shall submit a written request by
email to the City asking for an inspection of the initial improvements. The City will then schedule
a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the
written punch list provided by the City, the punch list items must be completed by the Developer
and the City notified to re- inspect the improvements. The final bituminous wear course shall be
installed by the Developer after the first bituminous course has weathered a winter season.
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 or cause to be installed 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
received acceptance by the City. The Developer agrees to have the installer
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
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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 before their
installation. In addition, the Developer shall be responsible for the cost and all coordination work
to extend private utilities along with street lighting within the Subdivision all in accordance with
the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Agreement, the Subdivision Improvements lying within public easements shall
become City property. Prior to acceptance of the public Subdivision Improvements by the City,
the Developer must furnish the City with a complete set of reproducible “record” plans and an
electronic file of the “record” plans in accordance with the City’s Engineering Design and
Construction Standards Manual together with the following affidavits:
- Developer/Developer Engineer’s Certificate
- Land Surveyor’s Certificate
certifying that all construction has been completed in accordance with the terms of this
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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 has previously satisfied park dedication
requirements for all the area to be platted within the Easton Village preliminary plat as part of the
Easton Village 3rd Addition Development Agreement. No fees in lieu of land dedication are
required for the Subdivision.
23. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the payment of
the Village Area Alternative Urban Areawide Review (AUAR) fee as adopted by the City Council
with respect to the environmental review completed by the City. The Village Area Alternative
Urban Areawide Review (AUAR) fee in the amount of $230.00 per REC shall be paid by the
Developer prior to the City releasing the final plats for recording. The total amount to be paid by
the Developer is $6,210.00 for the Subdivision.
24. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND
WAC). The Developer shall be responsible for the payment of all sewer availability charges
(SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements
required by the City and any state or metropolitan government agency.
The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be paid by
the Developer to the City before recording the final plats. The total amount to be paid by the
Developer is $81,000.00.
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 plats. The total amount to be paid by the
Developer is $81,000.00.
In addition, a sewer connection charge in the amount of $1,000.00 per REC, a
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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/Home
Builder and collected by the City at the time the City issues a building permit for each lot.
25. 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 plats,
the Developer shall post a Security for street light installation consistent with the approved plan.
The required Security is $12,000.00 and consists of two decorative lights at $6,000.00 each. The
Developer shall also pay the City $129/light ($258.00) to reimburse the City for the first year
operating costs for the street lights.
26. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration
in accordance with the approved Plans and in accordance with any applicable Watershed or
agency permits. If the mitigation work is found to be incomplete or restoration is unsuccessful,
the City may draw down the Security at any time during the warranty period to perform the work
if the Developer fails to take corrective measures after being provided reasonable notice by the
City.
27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. The City will not issue a building permit for any lot within the Subdivision until all
public Subdivision Improvements are completed and have been accepted by the
City, with the exception that the wear course for the streets must be placed after one
winter freeze/thaw cycle.
B. The City Planning Director may authorize the issuance of a single building permit fo
a “model home” before the completion of the Subdivision Improvements described
in paragraph 27 (A) above, if there is safe public access to the lot that is sufficient to
allow construction to proceed and there is a grading as-built plan approved by the
City for the lot and all downstream storm water drainage facilities. However, the City
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will not issue a certificate of occupancy for any “model home” until all conditions
identified in paragraph 27 (A) above have been completed. The Developer or Home
Builder shall use the model home only for real estate sales purposes and no other
purpose.
C. Before the City issues building permits, the developer shall place wetland buffer
monuments in accordance with the City’s zoning ordinance. The monument design
shall be approved by the City Planning Department.
D. Breach of the terms of this Agreement by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of
occupancy, and withholding of other permits, inspections, or actions and the halting
of all work in the Subdivision.
E. 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.
F. 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.
28. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that work
required by this Agreement has been performed and the amounts due to 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
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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 plats 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 plats must be fully paid by the Developer prior
to the City executing and releasing the final plats 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 plats and the development of the
Subdivision. The Developer shall indemnify the City and its officials, employees, and
agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys’ fees.
D. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including reasonable engineering and attorneys’ fees.
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 an
obligation of the Developer and shall continue in full force and effect even if the
Developer sells one or more lots, the entire Subdivision, or any portion of it.
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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.
29. RAILROAD CROSSING IMPROVEMENTS. The Developer shall be required to pay
for a portion of the costs to secure, build and install a public rail crossing on Village Parkway to
specifications required by the City, the Minnesota Department of Transportation, Union Pacific
Railroad and any other regulatory agency having jurisdiction over the crossing and the track in
accordance with the specifications of the City. The Developer’s portion of these costs shall be
calculated based on the percentage of the overall number of Residential Equivalency Connection
(REC) units planned for developments that will have access to Village Parkway between
Washington County Highway 14 and 30th Street North divided by the estimated overall project
costs. The City will request that all future development projects connecting directly to Village
Parkway contribute towards said crossing improvement.
A. The amount of the cash payment for the railroad crossing for Easton Village 6th
and Easton Village 7th Additions shall be $23,160.00, which was calculated as
follows: $193,000 (Easton Village’s share of the estimated project costs multiplied
by 12% (27 lots out of 217 lots in all phases) = $23,160.00.
B. If the construction amount of the railroad crossing installation exceeds $500,000,
the additional cost shall be allocated proportionally among the development
projects connecting directly to Village Parkway parcels, including the Subdivision,
upon consent of all property owners and the City. The City may participate in the
additional costs of construction of the railroad crossing if the City Council deems
it to be necessary as a matter of public safety.
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30. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. The Developer must notify all home builders about the City’s outdoor watering
restrictions and that all home builders must notify all home buyers that the City has
imposed limits on outdoor water use including a limit of two days per week of
watering, unless the Developer is notified by the City that this notice is no longer
required. Said decision about whether 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 the release of the final plats by the City for
recording.
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, at least 30’ feet in width and either
be dedicated to the City in the plats 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
easement interests.
D. The Developer shall enter into a Landscape License and Maintenance Agreement
with the City in the City’s standard form that clarifies the individuals or entities
responsible for maintenance of any landscaping installed within homeowners’
association and City outlots and rights-of-way before the release of the final plats
for recording.
E. The Developer shall provide a disclosure statement to all initial home buyers in the
Subdivision advising them of the location of the Lake Elmo Airport and associated
over-flights. The Developer shall encourage builders within the Subdivision to
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incorporate interior noise reduction measures into single family residential
structures based on the Metropolitan Council’s Builder Guide.
F. The Developer shall incorporate the conditions listed by the City’s Landscape
Architect in the memo dated April 23, 2021 into the final construction/landscape
plans before the final plats are released for recording.
G. The Developer must address the comments listed by the Fire Chief in his memo
dated April 6, 2021 to the satisfaction of the Fire Chief in the Plans before the final
plats are released for recording. This includes, but is not limited to, building
address numbers must be plainly visible from the street fronting the property and
shall be a contrasting color from the background to the satisfaction of the Fire
Chief.
31. MISCELLANEOUS.
A. The Developer may not assign this Agreement without the written permission of the
City Council. The Developer’s obligations hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire Subdivision, 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 any other building permit is issued for a lot on which a retaining wall is
required to be built.
C. Homeowners’ association declarations, covenants, and restrictions and other
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documents related to the homeowners’ association shall be submitted to the City
before recording of the final plats 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
$1,500,000 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 plats. 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
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Subdivision at the Developer’s expense. The Developer covenants with the City, its
successors and assigns, that the Developer has fee title to the property being final
platted and has obtained consents to this Agreement, in the form attached hereto,
from all parties who have an interest in the property, including, but not limited to,
mortgagees; that there are no unrecorded interests in the property being final platted;
and that the Developer will indemnify and hold the City harmless for any breach of
the foregoing covenants.
I. Each right, power, or remedy herein conferred upon the City is cumulative and in
addition to every other right, power, or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each
and every right, power, and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at any time thereafter
any other right, power, or remedy.
J. The Developer represents to the City that the Subdivision and the Subdivision
Improvements comply or will comply with all City, County, metropolitan, state, and
federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the
Subdivision is not in compliance, the City may, at its option, refuse to allow
construction or development work in the Subdivision until it is brought into
compliance. Upon the City’s demand, the Developer shall cease work until there is
compliance.
32. EVENTS OF DEFAULT. The following shall be “Events of Default” under this
Agreement and the term “Event of Default” shall mean, whenever it is used in this Agreement,
any one or more of the following events:
A. Subject to unavoidable delays, failure by the Developer to commence and complete
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construction of the public Subdivision Improvements pursuant to the terms,
conditions, and limitations of this Agreement.
B. Failure by the Developer to substantially observe or perform any material covenant,
condition, obligation, or agreement on its part to be observed or performed under
this Agreement.
33. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject
to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by
written, executed instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from the Developer, deemed adequate by the City, that Developer will
cure its default and continue its performance under the Agreement. Suspension of
performance includes the right of the City to withhold permits including, but not
limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is
necessary for the City to secure performance of any provision of this Agreement or
recover any amounts due under this Agreement from the Developer, or immediately
draw on the Security, as set forth in this Agreement.
34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. In the event of a
default by the Developer as to construction or repair of any of the Subdivision Improvements or
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
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Does such work, the City may, in addition to its other remedies, levy special assessments against
the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for
itself and its successors and assigns, expressly waives any and all procedural and substantive
objections to the special assessments, including, but not limited to, hearing requirements, and
any claim that the assessments exceed the benefit to the land so assessed. The Developer, for
itself and its successors and assigns, also waives any appeal rights otherwise available pursuant
to Minnesota Statutes Section 429.081.
The Developer also acknowledges that its failure to perform any or all of the Developer’s
obligations under this Agreement may result in substantial damages to the City; that in the event
of default by the Developer, the City may commence legal action to recover all damages, losses,
and expenses sustained by the City; and that such expenses may include, but are not limited to,
the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement.
35. WARRANTY. During the warranty period, the Developer warrants that all Subdivision
Improvements will be free from defects and that they will continue to meet all technical
specifications and standards. During the warranty period, the Developer agrees to repair or
replace any Subdivision Improvement, or any portion or element thereof, which shows signs of
failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective
Subdivision Improvement during the warranty period, the City may repair or replace the defective
portion and may use the Security to reimburse itself for such costs. The Developer agrees to
reimburse the City fully for the cost of all Subdivision Improvement repair or 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
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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 years from the date of final written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials, and equipment shall be
subject to one year from the date of final written acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is two years from the
date of final written City acceptance of the installation.
36. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Agreement, payment of special assessments, payment of the costs of all public
Subdivision Improvements, and construction of all public Subdivision Improvements, the
Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a
combination of a cash escrow and letter of credit (the “Security”) in the amount of $1,137,575.
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.
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This breakdown is for historical reference; it is not a restriction on the use of the Security.
The City may draw down the Security, without notice, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required
public Subdivision Improvements are not completed at least 30 days prior to the expiration of the
Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be
used by the City to cure the default.
37. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt
of proof satisfactory to the City Engineer that work has been completed in accordance with the
approved Plans and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve reductions in the Security in the following
instances:
A. Upon completion of grading operations, including temporary site restoration. The
Developer must submit an as-built grading survey to the City that at a minimum
establishes the as-built grades at all lot corners and downstream drainage
conveyance systems and storm water ponds. Upon inspection of the site and
approval of the as-built survey by the City, 100 percent, or $0, of the Security
associated with grading may be released. This Security reduction does not include
amounts related to erosion and sedimentation control.
B. Up to 75 percent of the Security associated with the itemization on Exhibit C may
be released upon completion of the following key milestones of the project as
determined by the City Engineer:
1. Construction Categories 2 and 3: The amount of $307,165 may be released
when all sanitary sewer and watermain utilities have been installed, all
testing and televising has been successfully completed, sanitary sewer as-
built inverts have been verified, and the utilities are considered ready for
use by the City Engineer.
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2. Construction Categories 4 and 5: The amount of $425,516 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 12-17: The amount of $88,499 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; (6) all financial obligations
to the City satisfied; (7) the required “record” plans in the form of the City
standards have been received and approved by the City; and (8) the public
Subdivision Improvements are accepted by the City Engineer and the City
Council.
C. Twenty-five percent of the original Security amount, excluding grading and landscaping
improvements shall be retained until: (1) all Subdivision Improvements have been fully
completed and accepted by the City, including all corrective work and warranty punch list
items; (2) all financial obligations to the City have been satisfied; and (3) the warranty
period has expired.
D. Twenty-five percent of the original Security amount associated with Landscaping
Improvements shall be retained by the City until: (1) all Landscaping 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. Notwithstanding the above,
the City may reduce the Security attributable to accepted Landscaping Improvements by
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up to 38 percent after the first year of acceptance by the City. The City may also further
reduce the Security attributable to accepted Landscaping Improvements by up to an
additional 37 percent after the second year of acceptance by the City. The City will retain
the remaining 25 percent of the Security attributable to accepted Landscaping
Improvements until (1) all Landscaping Improvements have been fully completed and
accepted by the City, including all corrective work and warranty punch list items being
completed by the Developer; (2) all financial obligations to the City have been satisfied;
and (3) the warranty period has expired.
E. In addition to the above project milestone based Security reductions, the Developer may
submit a written request and upon receipt of proof satisfactory to the City Engineer that
work is progressing in accordance with the approved Plans and the terms of this
Agreement and that all financial obligations to the City have been satisfied, the City
Engineer may approve a one-time reduction in the Security for Construction Categories
2-5 in an amount not to exceed 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.
38. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Agreement which must be paid to the City prior to recording the final
plats:
Sewer Availability Charge (SAC): $81,000
Water Availability Charge (WAC): $81,000
Park Dedication: $0
AUAR Fee: $6,210
Railroad Crossing: $23,160
Special Assessments Due: $0
Street Light Operating Fee: $258
City Base Map Upgrading ($25.00 per REU): $675
City Engineering Administration Escrow: $50,000
TOTAL CASH REQUIREMENTS: $242,303
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39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail
at the following address: 2100 County Rd 42 W, Burnsville, MN 55337. Notices to the City shall
be in writing and shall be either hand delivered to the City Administrator or mailed to the City by
certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3880
Laverne Avenue N., Lake Elmo, Minnesota 55042.
40. 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 30
days prior to the execution of the plats.
41. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws,
ordinances, regulations, and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of the Minnesota.
42. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this
Agreement.
43. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement
is cumulative and in addition to every other right, power, or remedy, express or implied, now or
hereafter arising, or available to the City at law or in equity, or under any other agreement. Each
and every right, power, and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy.
If either party waives in writing any default or nonperformance by the other party, such waiver
shall be deemed to apply only to such event and shall not waive any other prior or subsequent
default.
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44. COUNTERPARTS. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
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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 ________________,
2024, 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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CHASE DEVELOPMENT, INC.
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________,
2024, by _______________________, the _______________________of Chase Development,
Inc., a Minnesota corporation, on behalf of the corporation.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
LA515\89\721081.v13
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 , 2024.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2024.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
B-1
LA515\89\721081.v13
EXHIBIT A TO
DEVELOPMENT AGREEMENT
Legal Description of the Property Being Final Platted
Easton Village 6th Addition:
Outlot A, Easton Village 4th Addition, according to the recorded plat thereof, County of
Washington, State of Minnesota.
Easton Village 7th Addition:
Outlots D and G, Easton Village 3rd Addition, according to the recorded plat thereof, County of
Washington, State of Minnesota.
B-2
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EXHIBIT B TO
DEVELOPMENT AGREEMENT
List of Plan Documents
The following documents prepared by James R. Hill, Inc. collectively, constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS:
SHEET TITLE REVISION/SIGNED
DATE
EASTON VILLAGE 7TH
ADDITION:
Sheet 1 of 17 Title Sheet 04-03-2023
Sheet 2 of 17
Existing Conditions
04-03-2023
Sheet 3 of 17
Grading Standard Plan Notes 04-03-2023
Sheet 4 of 17
Erosion Control Plan 04-03-2023
Sheet 5 of 17
Grading Plan 04-03-2023
Sheet 6 of 17
Site Layout/Lighting and
Signage Plan
04-03-2023
Sheet 7 and 8 of 17
Street Plan and Profile 04-03-2023
Sheets 9 and 10 of 17
Sanitary Sewer and Watermain
Plan and Profile
04-03-2023
Sheet 11 of 17 Storm Sewer Plan and Profile 04-03-2023
Sheets 12-17 of 17 Details 04-03-2023
Sheet L1 of 2
Landscape Plan 04-03-2023
Sheet L2 of 2
Landscape Details 04-03-2023
EASTON VILLAGE 6TH
ADDITION:
Sheet 1 of 2
Lot 1, Block 1, Existing
Conditions
07-07-2023
Sheet 2 of 2
Lot 1, Block 1, Proposed Plan 07-07-2023
C-1
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LA515\89\721081.v13
EXHIBIT C TO
DEVELOPMENT AGREEMENT
Subdivision Improvements Cost/Security Amount Estimate
CONSTRUCTION CATEGORY COST 125 percent
1 Grading
NA $
2 Sanitary Sewer
$142,816 $178,520
3 Watermain
$184,827 $231,034
4 Storm Sewer (includes pond structures
and outfall pipes)
$109,907 $137,384
5 Streets and Sidewalks
$343,977 $429,971
6 Trails
$12,150 $15,188
7 Surface Water Facilities (ponds,
infiltration basins, other BMPs)
NA NA
8 Street Lighting
$12,000 $15,000
9 Street and Traffic Signs
$3,925 $4,906
10 Private Utilities (electricity, natural gas,
telephone, and cable)
NA NA
11 Landscaping Improvements
$34,134 $42,668
12 Tree Preservation and Restoration
NA NA
13 Wetland Mitigation and Buffers
NA NA
14 Monuments
$2,400 $3,000
15 Erosion and Sedimentation Control
$58,924 $73,655
16 Miscellaneous Facilities
NA NA
17 Developer’s Record Drawings
$5,000 $6,250
TOTALS
$910,060
$1,137,575
LA515\89\721081.v13
FORM OF IRREVOCABLE LETTER OF CREDIT
No.__________________
Date: ________________
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $___________ available to you by your draft drawn on sight
on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___, of
(Name of Bank)" ;
b) Be signed by the Mayor or City Administrator of the City of Lake Elmo.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on
November 30, 20___.
We hereby agree that all sight drafts drawn under and in conformity with the terms of this Letter of Credit
will be duly honored if drawn and presented for payment together with the documents required herein to
[INSERT NAME AND ADDRESS OF BANK AND CONTACT PERSON] if presented before _____p.m. on
or before the expiration date. Presentations may be made by certified mail, return receipt requested, or by
Federal Express or any other recognized courier company.
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., 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
LA515\89\721081.v13
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LA515-110-862818.v1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2024-033
A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR EASTON VILLAGE
6TH AND 7TH ADDITIONS
WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Chade Development Inc., a Minnesota corporation (the “Applicant”)
previously submitted an application to the City for final plat approvals for EASTON VILLAGE
6th ADDITION and EASTON VILLAGE 7TH ADDITION and
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2022-118 on December
13, 2022, approving the final plat for EASTON VILLAGE 7TH ADDITION; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2023-054 on June 6, 2023
and Resolution 2024-017 on February 6, 2024 extending the final plat for EASTON VILLAGE
7TH ADDITION; and
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2023-075 on August
15, 2023, approving the final plat for EASTON VILLAGE 6TH ADDITION; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2024-016 on February 6,
2024 extending the final plat for EASTON VILLAGE 6TH ADDITION; and
WHEREAS, the conditions of approval of the final plats included a requirement that the
Applicant enter into a development agreement acceptable to the City Attorney and approved by
the City Council that delineates who is responsible for the design, construction, and payment of
the required improvements with financial guarantees therefore; and
WHEREAS, EASTON VILLAGE 6TH ADDITION contains only one lot and it is more
efficient to combined the developers agreements; and
NOW, THEREFORE, the City Council of the City of Lake Elmo hereby:
Approves the Development Agreement for EASTON VILLAGE 6TH AND 7TH ADDITIONS
and authorizes the Mayor and City Clerk to execute it. The City Attorney is authorized to insert
or modify Exhibits of the Development Agreement as needed.
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LA515-110-862818.v1
Passed and duly adopted this 19th day of March 2024 by the City Council of the City of Lake Elmo,
Minnesota.
__________________________________
Charles Cadenhead, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk