HomeMy WebLinkAbout#20 - Easton Village 7th Addition DA AmendmentLA515\89\988411.v1
STAFF REPORT
DATE: 11-19-2024
REGULAR
TO: Mayor and City Council
FROM: Jason Stopa, Community Development Director
Sophia Jensen, City Planner
AGENDA ITEM: Easton Village 7th Addition – Second Amendment to the Development
Agreement
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
Jenni Faulkner, Consulting Planner, Bolton and Menk
BACKGROUND:
The City has received a request by Chase Development, Inc for a second amendment to the Development
Agreement for Easton Village 6th and 7th Additions. The 7th Addition final plat was approved in December
of 2022. The Development Agreement for 6th and 7th Additions was approved in March of 2024. The first
amendment to the Development Agreement for Easton Village 6th and 7th Additions was completed in July
of 2024 to allow a building permit for the 6th Addition prior to the public improvements being completed
in 7th Addition.
ISSUE BEFORE CITY COUNCIL:
Should the City approve a second amendment to the Development Agreement for Easton Village 6th and
7th Additions in order to allow the issuance of building permits prior to public improvement acceptance and
sidewalk installation?
PROPOSAL:
Current Development Agreement. The current Development Agreement does not allow building permit
issuance for homes within the 7th Addition (other than for a model home) until all public improvements are
completed and accepted by the City, except the wear course on the streets. This Development Agreement
is different than the City’s standard form of Development Agreement. It was proposed by City staff to
address a history of noncompliance by the Developer on previous development phases.
The City’s standard form of Development Agreement requires the Developer to assume all responsibility
related to all site issues, including erosion control issues, drainage issues, and damaged infrastructure, in
the event that building contractors are permitted to work within the subdivision prior to the Developer
obtaining final acceptance of the improvements by the City. This language is important to ensure that the
City and new homeowners are able to seek resolution to construction related problems and defects without
having to navigate the developer and various builders as they deflect responsibility back and forth to one
another. The City was seeking to improve the responsiveness in resolving issues going forward.
Proposed Development Agreement Language. The Developer is now asking that the Development
Agreement for Easton Village 6th and 7th Additions be amended to revert back to allowing the issuance of
building permits prior to installation and acceptance of public improvements, and construction of sidewalks,
similar to the building permit provisions used in the Development Agreement for Easton Village 5th
LA515\89\988411.v1
Addition. More specifically the Developer has requested that Section 27.A. of the Development Agreement
be amended so that it is the same or similar to Section 27.A. of the Easton Village 5th Addition
Development Agreement.
Prior to 2023, the City allowed building permits to be issued without the sidewalks being installed and
accepted upon completion of certain other items. However, there were some serious issues including
damaged sidewalks, sidewalks needing to be replaced, overall continuity of the entire sidewalk length on a
block being inconsistent, and excessive staff time spent ensuring the sidewalks were up to City standards.
More importantly the developers have not adequately protected the new sidewalks from damage by home
building contractors and subcontractors during the 7-day curing period, which can result in a shortened
service life for the sidewalk. With its request to amend the Development Agreement, the Developer is
requesting language where building permits can be issued prior to sidewalk installation and after public
improvements have been installed and tested, but prior to acceptance. If the Council is supportive of the
Developer’s request, City staff strongly recommends that the Development Agreement amendment also
include the insertion of Section 27.H. from the Northstar 1st Addition Development Agreement in its
entirety. This provision is intended to address the requirement for installing sidewalks after the issuance of
building permit and is consistent with the City’s standard form of Development Agreement and language
used in all previous Easton Village development agreements.
FISCAL IMPACT:
• If the Development Agreement is amended, there would be an ample amount of City staff time
involved in monitoring compliance and enforcement of the Development Agreement requirements.
• There may also be a cost to the City if the sidewalk quality is impaired and requires replacement
or repair.
• In the past, developers have sought retention of sidewalks that were required to be replaced by
Engineering. If the sidewalk is not replaced by the developer during the warranty period, this could
result in sidewalks failing and needing to be replaced sooner than scheduled at a cost to the City’s
residents.
OPTIONS:
1) Approve the second amendment to the Development Agreement Amendment for Easton
Village 6th and 7th Additions.
2) Deny the second amendment to the Development Agreement Amendment for Easton Village
6th and 7th Additions.
3) Change the proposed second amendment to the Development Agreement for Easton Village 6th
and 7th Additions to say something different than what is being proposed.
RECOMMENDATION:
Staff recommends that the City Council deny the proposed second amendment to the Easton Village 6th
and 7th Additions Development Agreement.
“Motion to deny the Developer’s request to amend Easton Village 6th and 7th Addition Development
Agreement that would to allow building permits to be issued prior to public improvement acceptance
and sidewalk installation.”
Should the Council choose to approve the request, a resolution has been drafted such that the
Development Agreement can be amended without having to bring it back to Council. This will
expedite the building permit issuance process for the Developer as winter is fast approaching.
The motion would be as follows:
“Motion to approve Resolution 2024-123 approving the second amendment to the development
agreement for Easton Village 6th and 7th Additions.”
LA515\89\988411.v1
ATTACHMENTS:
• Amendment Requests from the Developer and Builder
• Easton Village 5th Addition Development Agreement
• Resolution 2024-123 Approving the Second Amendment to the Development Agreement
LA515\89\988420.v1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2024-123
A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR EASTON VILLAGE 6TH AND 7TH ADDITIONS
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Chase Development, Inc (the “Applicant”) has previously submitted an
application to the City of Lake Elmo (the “City”) for a final plat for Easton Village 7th Addition;
and
WHEREAS, the Lake Elmo City Council adopted Resolution No 2022-118 on December
13th 2022 approving the final plat for Easton Village 7th Addition; and
WHEREAS, the Lake Elmo City Council adopted Resolution No 2024-033 on March 19th
2024 approving the Development Agreement for Easton Village 6th and 7th Additions; and
WHEREAS, the Lake Elmo City Council adopted Resolution No 2024-080 on July 2nd
2024 approving the first amendment to the Development Agreement for Easton Village 6th and 7th
Additions to allow a building permit to be obtained for Lot 1, Block 1, Easton Village 6th Addition
prior to completing the subdivision improvements in Easton Village 7th Addition; and
WHEREAS, the Applicant and the City have agreed to amend the Development
Agreement for Easton Village 6th and 7th Additions a second time in order to allow building permits
to be issued prior to public improvement acceptance by the City and prior to the installation of
sidewalks for Easton Village 7th Addition; and
NOW, THEREFORE, based on the information received, the City Council of the City of
Lake Elmo does hereby approve the Second Amendment to Development Agreement for Easton
Village 6th and 7th Addition, authorize the City Attorney to draft the Second Amendment to the
Development Agreement to include provisions to allow building permits to be issued prior to
acceptance of public improvements consistent with the language in the Northstar 1st Addition and
Easton Village 5th Addition Development Agreements, and authorize the Mayor and City Clerk
to execute the Second Amendment to Development Agreement.
LA515\89\988420.v1
Passed and duly adopted this ____ day of _________2024 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Charles Cadenhead, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
(reser ved for recording infor111 atio11)
DEVELOPMENT AGREEMENT
(Public sewer and water)
Easton Village 5th Addition
THIS DEVELOPMENT AGREEMENT is dated 7 /a, '( , 2019, 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 a
plat for Easton Village 5th Addition (referred to in this Agreement as the "Subdivision "). The
property being platted is situated in the County of Washington, State of Minnesota , and is legally
described on Exhibit A .
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on
condition that the Developer enter into this Agreement , furnish the security required by it, and
record the plat with the County Recorder or Registrar of Titles within 120 days after the City
Council approves the final plat.
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3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of
the Property and the construction therein of certain public and private improvements. The
Developer may not grade or otherwise disturb the earth, remove trees or construct public or
private improvements or any buildings within the Subdivision until all the following conditions
precedent have been satisfied:
A. the Developer has executed and recorded with Washington County all drainage and
utility easements required for the Subdivision by the City Engineer and the Public
Works Director in the City's standard form;
B. 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, MOH, DNR,
applicable watershed, Washington County, and any other agency having jurisdiction
over the Subdivision;
G. the Developer has provided the City with a certificate of insurance required by this
Agreement;
H. the Developer, the Developer's engineer and the Developer's contractor(s) have
initiated and attended a preconstruction meeting with the City Engineer, and City staff;
I. the final plat has been recorded with Washington County;
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J. all homeowners' association declarations, covenants, and restrictions have been
submitted, reviewed, and approved by the City Attorney; and
K. a title insurance policy has been issued in the amount of $100,000 in favor of the City,
insuring the City's interests as they appear on the plat; and
L. the City has issued a written notice that all of the above conditions have been satisfied
and that the Developer may proceed.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat,
the City may refuse to approve final plats of subsequent phases of the development if the
Developer is not in compliance with any term of this Agreement and the non-compliance has not
been remedied. Development of subsequent phases of the development may not proceed until
development agreements for such phases are approved by the City. Park dedication charges
and availability charges for sewer and water referred to in this Agreement are not being
imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if
any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are
platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased
preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be
void unless final platted into lots and blocks, not outlots, within five years after preliminary plat
approval.
6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this
Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to
or affect the use, development density, lot size, lot layout or dedications of the approved final
plat unless required by state or federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent
permitted by state law, the City may require compliance with any changes to the City's
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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. 2019-XX, and to construct all improvements in
accordance with the approved construction plans and specifications (collectively, the "Plans")
prepared by a professional engineer registered in the State of Minnesota at its sole expense.
All terms and conditions of the City approvals are hereby incorporated by reference into this
Agreement. The documents which constitute the Plans are those on file with and approved by
the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the
Developer without the prior written approval of the City.
8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the
Developer shall make or install at its sole expense the following public and private
improvements (collectively, the "Subdivision Improvements"):
A. Grading and erosion control;
B. Sanitary sewer;
C. Water system improvements;
D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.);
E. Streets and sidewalks;
F. Trails;
G. Underground private utilities;
H. Landscaping;
I. Street lighting and signage;
J. (None)
K. Tree preservation and reforestation;
L. Wetland mitigation and buffers; and
M. Monuments required by Minnesota Statutes.
All improvements shall be installed in accordance with the approved Plans, the City
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approvals, the City Code, the City's Engineering Design and Construction Standards Manual,
and the City's Landscape and Irrigation Standards. The Developer shall instruct its engineer to
provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developer's engineer will be able to certify that the construction work meets
the approved Plans, the City approvals, the City Code, the City's Engineering Design and
Construction Standards Manual, and the City's Landscape and Irrigation Standards as a
condition of City acceptance. In addition, the City may, at the City's discretion and at the
Developer's expense, have one or more City inspectors or a soil engineer inspect the
Developer's work on a full or part-time basis. The Developer's engineer shall provide for on-site
project management. The Developer's engineer is responsible for design changes and contract
administration between the Developer and the Developer's contractor.
9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the
City's approval of the final plat for the Subdivision, the Developer shall submit to the City an
amount to be escrowed by the City for City administration and construction observation costs in
an amount provided under paragraph 37 of this Agreement -Summary of Security
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
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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.
10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees,
and City Planning Commission members, and corporations, partnerships, and other entities in
which such individuals have greater than a 25 percent ownership interest or in which they are
an officer or director may not act as contractors or subcontractors for the Subdivision
Improvements identified in Paragraph 8 above.
11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision
Improvements by October 31, 2020, with the exception of the final wear course of asphalt on
streets. The Developer shall install the bituminous wearing course of streets after the first
course has weathered a winter season, consistent with warranty requirements, however, final
acceptance of the Subdivision Improvements by the City will not be granted until all work is
completed, including the final wear course. The Developer may, however, request an extension
of lime from the City. If an extension is granted, it shall be conditioned upon updating the
Security posted by the Developer to reflect cost increases and amending this Agreement to
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reflect the extended completion date. Final wear course placement outside of this time frame
must have the written approval of the City Engineer.
12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible
for all maintenance of the Subdivision Improvements including the snow plowing of the streets,
roads and alleys until the Subdivision Improvements are accepted by the City in writing. The
Developer is also responsible to locate all underground utilities until the Subdivision is accepted
in writing by the City. The Developer sh~II place warning signs when hazards develop in streets
to prevent the public from traveling on same and to direct attention to detours. If and when
streets become impassable, the Developer shall barricade and close such streets. In the event
residences are occupied before completing streets, the Developer shall maintain a smooth
surface and provide proper surface drainage to ensure that the streets are passable for traffic
and emergency vehicles. The Developer shall be responsible for keeping streets within and
without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto the
street from the Developer's operations. The Developer shall contract for street cleaning for
streets within and immediately adjacent to the Subdivision. At a minimum, scraping and
sweeping shall take place on a weekly basis.
Before the City's acceptance of the streets the City may agree, at the City's sole
discretion, to keep the streets open during winter months by plowing snow. The City will
consider snow plowing streets on a case-by-case basis and under the following conditions: 1)
the Developer must request in writing the streets it is requesting to be plowed by the City, with
such request received prior to October 1st of each winter season that plowing is requested; 2)
there must be residences along the street; 3) for streets that do not have the bituminous wear
course placed, the Developer must install paved wedges along all curb lines and catch basins of
the street; 4) gate valves and manholes must be level with the pavement surface; 5) street
curves, center medians, and other protrusions in the right-of-ways must be delineated with "HI-
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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
Manning Avenue (CSAH 15). 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 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. Before initiating any work on the site, the Developer
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must implement an erosion control plan and have the erosion control measures inspected and
approved by the City. Erosion and sediment control measures shall be coordinated with the
various stages of development. The City may impose additional erosion control requirements at
any stage in development as deemed necessary to maintain a compliant site. All areas
disturbed for site improvements must be reseeded by the Developer promptly after the work in
the area is complete unless construction of the next stage of the improvements will begin in that
area within seven days. The parties recognize that time is of the essence in controlling erosion.
If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City
incurred for such work within 10 days, the City may draw down the Security to pay any costs.
No development, utility or street construction will be allowed and no building permits will be
issued by the City unless the Subdivision is in full compliance with the approved erosion control
plan.
If the City issues building permits before the acceptance of public Subdivision
Improvements, the Developer assumes all responsibility for erosion contwl 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
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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, water
main, and streets, including turn lane and intersection improvements, shall be installed in
accordance with the approved Plans, the City approvals, the City Code, and the City's
Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the
bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work
on the site shall be completed in accordance with the approved Plans. Once the work is
completed, the Developer or the Developer's representative shall submit a written request to the
City asking for an inspection of the initial improvements. The City will then schedule a walk-
through to create a punch list of outstanding items to be completed. Upon receipt of the written
punch list provided by the City, the punch list items must be completed by the Developer and
the City notified to re-inspect the improvements. The final bituminous wear course shall be
installed by the Developer after the first bituminous course has weathered a winter season.
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
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all required landscaping identified as responsibility of Developer in the approved
Plans has received acceptance by the City. The Developer agrees to have the
installer of the landscaping complete an inspection 30 days prior to the end of the
two year warranty period and provide the City with a written report identifying the
condition of all landscaping. In the event any landscaping installed by the
Developer is deemed to be in poor condition or dead, the Developer is to replace
the landscaping with like kind materials or as otherwise approved by the City.
B. The Developer shall be responsible for maintaining regular watering, fertilizing, and
over-seeding necessary to establish final lawns and yards as identified in the
approved Plans for outlots, public rights-of-way, and any disturbed areas outside
the Subdivision boundaries according to a landscape maintenance plan approved
by the City. The Developer agrees to achieve "substantial performance" on all
seeded or sodded lawns and yards disturbed during the construction of Subdivision
Improvements. For the purpose of this Agreement, "substantial performance" shall
be defined for areas seeded or sodded with a turf or lawn mix as "square foot turf
areas with an average blade height of three inches free of eroded, bare, or dead
spots and free from perennial weeds or unwanted grasses with no visible surface
soil." For areas seeded with a native grass or flower mix, "substantial
performance" shall be defined as "square foot native grass or flower areas with an
average height of eight inches free of eroded, bare, or dead spots and no visible
surface soil."
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
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work to extend private utilities along with street lighting within the Subdivision all in accordance
with the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Agreement, the Subdivision Improvements lying within public easements shall
become City property. Prior to acceptance of the public Subdivision Improvements by the City,
the Developer must furnish the City with a complete set of reproducible "record" plans and an
electronic file of the "record" plans in accordance with the City's Engineering Design and
Construction Standards Manual together with the following affidavits:
Developer/Developer Engineer's Certificate
Land Surveyor's Certificate
certifying that all construction has been completed in accordance with the terms of this
Agreement. All necessary forms will be furnished by the City. Upon receipt of "record plans"
and affidavits, and upon review and verification by the City Engineer that the public Subdivision
Improvements have been completed in accordance with the terms of this Agreement, the City
Engineer will accept the completed public Subdivision Improvements.
22. PARK DEDICATION. The Developer 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 this 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 recording the final plat. The total amount to be paid by the
Developer is $11,040.00
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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 plat. The total amount to be paid by the
Developer is: $144,000.00.
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: $144,000.00.
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 lime the building permit is issued 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 plat,
the Developer shall post a Security for street light installation consistent with the approved plan.
The required Security is $24,000 and consists of four decorative lights at $6,000 each. The
Developer also shall pay the City $129/light ($516.00) to reimburse the City for the first year
operating costs for the street lights.
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
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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, or within
a completed phase of the Subdivision in a City preapproved phasing plan, until
such time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt
has been installed and tested for all public streets; boulevard grading has been
completed within the entire right-of-way (without hold down grading for the future
sidewalk or any other improvements); street and traffic control signs are installed;
property monuments have been installed; 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" 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 will not issue a certificate of occupancy for any "model home"
until all conditions identified in paragraph 27 (A) above have been completed. The
Developer shall use the model home only for real estate sales purposes and no
other purposes.
C. Before the City issues any building permits, the Developer shall place wetland
14
buffer monuments in accordance with the City's zoning ordinance. The monument
design shall be approved by the Planning Department.
D. Breach of the terms of this Agreement by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of
occupancy, and withholding of other permits, inspection or actions and the halting
of all work in the Subdivision.
E. If 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.
F. 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.
G. No sewer and water connection permits may be issued until the streets needed for
access have been paved with a bituminous surface and the utilities are tested and
approved by the City Engineer.
28. RESPONSIBILITY FOR COSTS.
15
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
lnterpleader 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 resulting from the City's approval of the plat and the development of the
Subdivision. The Developer shall indemnify the City and its officials, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
16
consequence of such claims, including attorneys' fees.
D. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including reasonable engineering and attorneys' fees.
E. The Developer shall pay, or cause to be paid when due, and in any event before
any penalty is attached, all special assessments referred to in this Agreement.
This is a personal obligation of the Developer and shall continue in full force and
effect even if the Developer sells one or more lots, the entire Property, or any
portion of it.
F. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Agreement within 30 days after receipt. Bills not paid within 30
days shall be assessed a late fee per the City adopted fee schedule. Upon
request, the City will provide copies of detailed invoices of the work performed by
the City and its consultants.
29. RAILROAD CROSSING IMPROVEMENTS. The Developer shall be required to pay
for a portion of the costs to secure, build and install a public rail crossing at the location shown
in Exhibit D to specifications required by the City, the Minnesota Department of Transportation,
the 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 directly access the
Village Parkway minor collector road between Washington County Highway 14 and 30th Street
divided by the estimated overall project costs. The City will request that all future development
projects connecting directly to Village Parkway contribute towards said crossing improvement.
The Developer shall provide all property in fee or easements as required by the City that is
17
necessary to establish the railroad crossing. The Developer paid $63,000 out of the estimated
$193,000 to the City for its share of the estimated cost railroad crossing improvements with the
final plat of Easton Village 1st Addition, $16,902 with the final plat of Easton Village 2nd Addition,
$24,897 with the final plat of Easton Village 3rd Addition and $21,230 for Easton Village 4 th
Addition.
A The amount of the cash payment for Easton Village 5th Addition shall be
$42,460.00, which was calculated as follows: $193,000 (Easton Village's share
of the estimated project costs multiplied by 22% (48 Lots / 217 Lots in all
phases)= $42,460.00.
B. The calculation for future railroad crossing costs has been determined as
follows:
Parcel ID(s) Percentage Total Costs
Easton Village
13.029.21.14.0002 38.6% $193,000
13.029.21.42.0001
13.029.21.41.0001
13.029.21.13.0001
13.029.21.43.0004 17.8% $89,000
13.029.21.44.0002
13.029.21.12.0001 30.2% $151,000
13.029.21.14.0002
13.029.21.24.0001 13.4% $67,000
Totals 100% $500,000
C. If the construction amount of the railroad crossing installation exceeds
$500,000, the additional cost shall be allocated proportionally to the parcels listed above upon
consent of all property owners and the City. The City may participate in the additional costs of
construction of the railroad crossing if it is deemed to be necessary as a matter of public
18
safety.
30. CITY PAYMENTS. The City shall reimburse the Developer in the amount of
$53,425.50 for oversizing costs associated with the installation of 12 inch water main as
identified on the Plans. City payments shall be made within 30 days of the City's final
acceptance of the Improvements, but only if the Developer is not in default of this Agreement.
This payment by the City shall be the City's only responsibility with regard to construction of
the Improvements and in no case shall act as a waiver of any other right of the City under this
Contract or under applicable laws, ordinances or rules.
31. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. Implementation of the changes and recommendations listed in the April 3, 2019,
Engineering memorandum.
B. The Developer shall maintain the temporary secondary access to Village Parkway
in the 4 th Addition until a permanent 35 th Street North is constructed to connect to
Village Parkway and the Developer's contractor has placed the wear course of
bituminous on the streets within the 5th Addition. Lot 13, Block 3 of the Easton
Village 4th Addition shall remain platted as outlots (Outlots A and B) owned by the
Developer with a temporary road access granted to the City until such time as the
City accepts 35 th Street North and the temporary access has been removed.
C. The Developer must obtain a sign permit from the City Building Official before the
installation of any subdivision identification signs.
D. All public trails shall be located within outlots, be at least 30 feet in width, and
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
19
City's interests in this property.
E. The Developer shall enter into a Landscape License Agreement with the City that
clarifies the individuals or entities responsible for maintenance of any landscaping
installed in areas outside of land dedicated as public park and open space on the
final plat.
F. The final grading plans must provide a sufficient emergency overland flow path that
is adequately protected by lot easements from the Oullot A drainage area to
prevent this area from being landlocked and thereby becoming a flood threat to
adjacent properties. The extent of the required easement for this purpose over Lot
1, Block 3 may render this lot unbuildable unless an improved design can be
worked out and approved by the City Engineer.
G. The Developer shall provide a disclosure statement to all first-time home buyers in
the Subdivision advising of the location of the Lake Elmo Airport and associated
over-flights.
H. The Subdivision Improvements shall include the connection of the private
driveways from 11361 Upper 33rd Street and the Northern Natural Gas property at
11371 Upper 33rd Street to the proposed 34th Street cul-de-sac, immediately
following the placement of bituminous base course along 34th Street North.
I. The Developer shall install a bituminous trail and a concrete sidewalk along Village
Parkway (with barriers at the railroad tracks).
J. The Developer shall extend a 12-inch watermain to the northerly limits of the
Subdivision along Village Parkway.
K. 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 29, 2019.
20
L. The Developer shall notify all home builders 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 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.
32. 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 any other building permit is issued for a lot on which a retaining
wall is required to be built.
C. Legal documents regarding homeowner association declarations, covenants, and
restrictions shall be submitted to the City before recording of the final plat for
review and approval by the City Attorney.
21
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 plat. The certificate shall provide
that the City must be given 30 days' advance written notice of the cancellation of
the insurance.
E. Third parties shall have no recourse against the City under this Agreement.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Agreement
shall not be a waiver or release.
H. This Agreement shall run with the land and may be recorded against the title to the
Property at the Developer's expense. The Developer covenants with the City, its
successors and assigns, that the Developer has fee title to the Property being final
22
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 ii is brought into
compliance. Upon the City's demand, the Developer shall cease work until there is
compliance.
33. 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.
23
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.
34. 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.
35. 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
24
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.
36. WARRANTY. During the warranty period, the Developer warrants that all Subdivision
Improvements will be free from defects and that they will continue to meet all technical
specifications and standards. During the warranty period, the Developer agrees to repair or
replace any Subdivision Improvement, or any portion or element thereof, which shows signs of
failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective
Subdivision Improvement during the warranty period, the City may repair or replace the
defective portion and may use the Security to reimburse itself for such costs. The Developer
agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or
replacement if the cost thereof exceeds the remaining amount of the Security. Such
reimbursement must be made within 45 days of the date upon which the City notifies the
Developer of the cost due under this paragraph. The Developer hereby agrees to permit the
City to specially assess any unreimbursed costs against any lots in the Subdivision which have
not been sold to home buyers if the Developer fails to make required payments to the City. The
Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the
25
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 waJer
shall be two years from the date of final written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be
one year from the date of final written City acceptance of the work.
C. The required warranty period for sod, trees, and landscaping shall be two years
from the date of final written City acceptance of the installation.
37. 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
$2,262, 116.20. 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.
26
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.
38. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt
of proof satisfactory to the City Engineer that work has been completed in accordance with the
approved Plans and the terms of this Agreement and that all financial obligations to the City
have been satisfied, the City Engineer may approve reductions in the Security in the following
instances:
A. Up to 75 percent of the Security associated with the itemization on Exhibit C may
be released upon completion of the following key milestones of the project as
determined by the City Engineer:
1. Construction Categories 2 and 3: The amount of $510,516 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 $1,041,566 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 $114,703 may be
27
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 $57,281 may be
released when landscaping Subdivision Improvements have been installed to
the satisfaction of the City including all corrective work for any identified
punch list items.
B. Twenty-five percent of the original Security amount, excluding grading and
landscaping improvements shall be retained until: (1) all Subdivision
Improvements have been fully completed and accepted by the City, including all
corrective work and warranty punch list items; (2) all financial obligations to the
City have been satisfied; and (3) the warranty period has expired.
C. Twenty-five percent of the original Security amount associated with landscaping
shall be retained by the City until: (1) all landscaping Subdivision Improvements
have been fully completed and accepted by the City, including all corrective work
and warranty punch list items being completed by the Developer; (2) all financial
obligations to the City have been satisfied; and (3) the warranty period has
expired.
D. In addition to the above project milestone based Security reductions, the
Developer may submit a written request and upon receipt of proof satisfactory to
the City Engineer that work is progressing in accordance with the approved Plans
28
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 limes 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.
39. 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):
Water Availability Charge (WAC):
Park Dedication:
AUAR Fee:
Railroad Crossing:
Special Assessments Due:
Street Light Operating Fee:
City Base Map Upgrading ($25.00 per REU):
City Engineering Administration Escrow:
TOTAL CASH REQUIREMENTS:
$144,000
$144,000
$0
$11,040
$42,460
$0
$516
$1,200
$50,000
$393,216
40. NOTICES. Required notices lo the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by
certified mail at the following address: 2140 County Rd 42 W, Burnsville, MN 55337. Notices to
29
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.
41. 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.
42. 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.
43. 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.
44. 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 lime 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 lime 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.
45. COUNTERPARTS. This Agreement may be executed simultaneously in any number
of counterparts, each of which shall be an original and shall constitute one and the same
Agreement.
30
31
CITY OF LAKE EL~
By ~_ ears
Its: ayor
By ~ u e o nso
Its:~
STATE OF MINNESOTA )
) ss .
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ··141-hday of U U,~ ,
2019, by Mike Pearson and Julie Johnson , the Mayor and City Clerk, respectively, of he City of
Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
32
STATE OF MINNESOTA
COUNTY OF ~
)
) SS.
)
CHASE DEVELOPMENT INC .
By ~~
Its: _--,,,._~___;;,,:,,_:__...._ __ _
I
The foregoing instrument was acknowledge~efore me this 21.(\ day of ~~ ,
2019, by -Ghase Developme_nt--lnc ., the ~ i.5,,J .. ~ of Cha;(be elopment Inc.
on behalf of the corporation .l ~~ <2.Ck<;.JI...
DRAFTED BY:
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo , MN 55042
(651) 747-3901
NOTARY PUBLIC
~iDi'fii~~ JULIE L AND~ASON
33
NOTARY PUBLIC
MINNESOTA
My Co mmission Expi res Jan.31.2020
FEE OWNER CONSENT TO
DEVELOPMENT AGREEMENT
C\....A4L '7)-e..'->"~""'.u...--\-\'Y--:: , fee owners of all
or part of the subject property, th 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 ~'1 day of I J J \/ , 2019.
I
STATE OF MINNESOTA
COUNTYOF ~
)
) ss.
)
The foregoing instrument was acknowledged before me this 2\.\1\,, day of _-J--"'-'--v_\ "➔· ___ , 2019.
'
DRAFTED BY:
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo , MN 55042
(651) 747-3901
NOTARY PUBLIC
... ~ · JULIE L ANDl;RSON
34
NOTARY PUBLIC
MINNESOTA
• .,,..,, ............ 31, '"' ~
MORTGAGE CONSENT TO
DEVELOPMENT AGREEMENT
which holds a
mortgage on e Property, the development of 1ch is governed by the foregoing Development
Agreement, agr s that the Development Ag ement shall remain in full force and effect even if
it forecloses on its ortgage.
)
) ss.
COUNTY F _____ .,.,
The foregoing instrument was acknowledged before me this_ day of ______ _,
2019, by ________________________ _
DRAFTED BY:
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3901
NOTARY PUBLIC
35
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 g rned by the foregoing Development Agreement, hereby affirms and consents to
the provisions ereof and agrees to be bound by t provisions as the same may apply to that
portion of the Pro rty in which there is a contrac urchaser's interest.
Dated this_ day of_-"'<""----~ 19.
STATE OF MINNESOT )
) 55.
COUNTY OF __ ..,,_ __ _)
The foregoing i trument was acknowledged before me this_ day of _____ ~
2019, by_-+------------------------
DRAFTED BY:
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3901
NOTARY PUBLIC
36
EXHIBIT A TO
DEVELOPMENT AGREEMENT
Legal Description of Property Being Final Platted
Outlot E, Outlot F, Outlot H, the westerly 80.00 feet of Outlot D and the westerly 80.00
feet of Outlot G, Easton Village 3rd Addition, Washington County, Minnesota, according
to the recorded plat thereof.
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576870v2LAS l 5-62
A-1
EXHIBIT B TO
DEVELOPMENT AGREEMENT
List of Plan Documents
The following documents prepared by Erickson Civil collectively constitute the Plans:
THOSE DOCUMENTS BY
SHEET
1 of 28
2-3 of 28
4 of 28
5-6 of 28
7-8 of 28
9-10 of 28
11-14of28
15-17 of 28
18-21of 28
22-28 of 20
L1 and L2
L3
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576870v2LA5 I 5-62
AS FOLLOWS·
TITLE REVISION
DATE
7/19/2019
Title Sheet
7/19/2019
Existing Conditions
Grading and Standard Plan 7/19/2019
Notes
7/19/2019
Erosion Control Plan
7/19/2019
Grading Plan
7/19/2019
Site Layout/Lighting and
Signage Plan
7/19/2019
Street Plan & Profile
7/19/2019
Sanitary Sewer & Watermain
Profile
7/19/2019
Storm Sewer Plan & Profile
7/19/2019
Details
5/14/2019
Landscape Plan
5/14/2019
Landscape Details
B-1
EXHIBITC TO
DEVELOPMENT AGREEMENT
Subdivision Improvements Cost/Security Amount Estimate
CONSTRUCTION CATEGORY COST 125 percent
1 Grading 0 $0
2 Sanitary Sewer $219,845 $274,806
3 Watermain $324,705 $405,881
4 Storm Sewer (jncludes e.ond structures $485,728 $607,160
and outfall e.ie.es)
5 Streets and Sidewalks $693,676 $867,095
6 Trails $0 $0
7 Surface Water Facilities (Qonds, $0 $0
infiltration basins, other BMPs)
8 Street Lighting $40,000 $50,000
9 Street and Traffic Signs $4150 $5188
10 Private Utilities (electricif'L.,. natural g_as, $0 $0
telee.hone, and cable)
11 Landscaping Improvements $61,074 $76,343
12 Tree Preservation and Restoration $0 $0
13 Wetland Mitigation and Buffers $0
14 Monuments $4,800 $6,000
15 Erosion and Sedimentation Control $0 $0
16 Miscellaneous Facilities $0 $0
17 Developer's Record Drawings $5,000 $6,250
TOTALS $1,839,004 $2,298,755
C-1
576870v2LA515-62
576870v2LA515-62
EXHIBIT D TO
DEVELOPMENT AGREEMENT
Location of Railroad Crossing
[to be added]
D-1
FORM OF IRREVOCABLE LETTER OF CREDIT
No .. ________ _
Date: ______ _
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of$ _____ 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. _____ (~A=d=d~re~s=s~o~f~B=a=n~k1~--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 dale (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 dale.
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: -------------
1 ts ____________ _
D-C-2
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