08-14-2023 Council Packet - Laserfiche WebLink

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2 227533v1 Lots 1 and 2 each will be improved with a single-family residence, and Outlot A will be used for access to each of Lot 1 and Lot 2, pursuant to a private driveway and maintenance easement between Developer and the owner of Lot 2. Together, these uses of the Property are, collectively the “Project.” 3. Conditions of Plat Approval. The Plat shall adhere to the purpose and intent of the Orono Community Management Plan, as amended. The City has approved the Plat on condition that Developer enter into this Contract and furnish the security required by it. Developer must satisfy all of the conditions precedent to recording the Plat as required by this Contract within 180 days after the City Council approves the final plat. Promptly after compliance with such conditions precedent to recording, Developer shall cause the Plat to be duly recorded in the Office of the Registrar of Titles in and for Hennepin County, Minnesota. 4. Right to Proceed. Within the Property, Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: A. This Contract, including required consents and a letter of credit written to 150% of the cost of the proposed site improvements, has been fully executed by both parties and filed with the City Clerk; B. The necessary Security, as defined in Section 24 below, has been received by the City; C. Twenty-four (24) hours after the Plat has been duly recorded in the Office of the Hennepin County Registrar of Titles; D. Erosion control is established and the City is in receipt of a final grading plan. 5. Changes in Official Controls. For two (2) years from the date of this Contract, no amendment 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 Plat unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract with respect to property which did not receive final plat approval prior to any such amendment. 6. Development Plans. The Plat shall be developed subject to the conditions of preliminary Plat approval as set forth in Resolution No. 7373 of the Orono City Council, adopted on June 12, 2023, and as provided in the final Plat approval (Resolution No. 7388). The Plat shall be developed in accordance with Plan A and Plan B identified below, as they hereafter may be amended with the written consent of Developer and the City Administrator (collectively, as so amended, the “Plans”). Plan B shall include an erosion control plan, which must also be approved by Minnehaha Creek Watershed District (“MCWD”). The Resolutions and Plans shall not be attached to this Contract but shall remain on file with the City at least so long as any of the Property remains subject to the DRAFT