HomeMy WebLinkAboutDevelopers agreement 3278961
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT FOR Cj
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Richie Addition
(Name of Development)
Alfred P. Richie and Marilyn A. Richie
Metro Legal Services loc. (Name of Developer)
Box 491
044: THIS AGREEMENT, Made and entered into this _day of ,
by and,between the City of Orono, a municipal corporation organized under4fhe laws of the
State of Minnesota (hereinafter called "City"), and Alfred P. Richie and Marilyn A. Richie their
heirs, successors and assigns, (hereinafter called "Developer").
WITNESSETH:
WHEREAS, the Developer has made application to the City Council for approval
of a final plat of land within the corporate limits of the City legally described in Exhibit A attached
hereto and incoporated herein by reference (the "Subdivision"); and
WHEREAS, the City Council has granted approval for such development on the
condition that the Developer enter into this agreement to provide for the installation of
improvements hereinafter described on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
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Initials of City Clerk
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1. Property Description: The Property is legally described as set forth in Exhibit A, and is to be
replatted into Lots 1 through 3, Richie Addition.
2. Improvements: In accordance with the policies and ordinances of the City, the following
described public or private improvements (hereinafter collectively called the "Improvements") shall
be constructed and installed on the terms and conditions hereinafter contained:
A. Site grading, including all necessary erosion control procedures (hereinafter called "site
grading improvements");
B. Sanitary sewer lines a (hereinafter, sewer improvements) for which plans and
specifications are to be approved by the City Engineer.
C. Underground gas, electric, cable and telephone service to be arranged by Subdivider
with the utility companies involved (hereinafter called "utility improvements"); and
3. Construction Plans: The following described detailed plans and specifications for the complete
installation of the Improvements shall be submitted by the Developer for the approval of the City
prior to the start of construction. The Plans and specifications shall conform to all currrent City
standards for all applicable work.
4. Construction of Improvements:
A. Commencement Date - The construction of Improvements shall begin no later than
March 1, 2000.
B. Completion Date - All Improvements shall be completed no later than September 1,
2000.
C. Contractors - The Developer shall select, retain and supervise the Contractor(s)
responsible for Improvement construction. The City reserves the right to require satisfactory
proof of successful experience and adequate financial status of any such contractor. Where
required by City ordinance, the contractor shall first obtain a license from the City.
D. PreConstruction Conference - Prior to the start of any construction, the Developer and
the Developer's Contractor shall meet with the responsible City official to review
construction plans and schedules. j
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Initials of City Clerk _
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E. Permits - Prior to the start of any construction, the Developer's Contractor shall apply
for and receive all necessary permits from the City and/or government agencies having
jurisdiction.
F. Construction - The construction, installation and materials shall be in accordance with
the plans and specifications approved by the City.
G. Insurance - The Developer will cause each person who constructs and installs any
Improvement to maintain complete insurance coverage including Workmen's Compensation,
Liability and Property Damage.
5. Performance Deposit: For the purposes of assuring to the City that the Improvements will
be completed according to the terms of this agreement, and that the Developer will pay all claims
for work done and materials and supplies furnished, the Developer has deposited with the City at
the time of the execution of this agreement an irrevocable letter of credit in a form satisfactory to
the City providing that the City is able to draw upon such letter of credit in its sole discretion to
complete the Improvements if the Developer fails to satisfactorily complete the work prior to the
completion date specified in Section 4 above. The amount of such deposit shall not be reduced
before substantial completion of the Improvements. The letter of credit shall expire no sooner than
May 1, 2000 and shall be automatically renewable for a period of up to six (6) months.
6. Fees and Expenses: The Developer agrees to pay all City fees required per the current City
Fee Schedule and further agrees to completely reimburse the City for all the variable additional
expenses it incurs in regard to the review and approval of the Improvements including, but not
limited to, direct City payroll and overhead, costs, and fees paid to consultants and other
professionals.
7. Resolutions of City: Developer agrees to be bound by the provisions set forth in all
resolutions of the City Council approving the Development.
8. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the
benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding
deemed covenants running with the land. References herein to. Developer, if there be more than
one, shall mean each and all of them. This agreement to be executed by the Developer, shall be
placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or
any part of the subdivision and all recording fees, if any, shall be paid by the Developer.
Initials of Subdivider
Initials of City Clerk
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9. Notices: Whenever in this agreement it shall be required or permitted that notice or
demand be given or served by either party to this agreement to or on the other party, such notice
or demand shall be delivered personally or mailed by United States certified mail (return receipt
requested) to the addresses set forth below. Such notice or demand shall be deemed timely given
when delivered personally or when deposited in the mail in accordance with the above.
Notice to City Notice to Developer
City of Orono Alfred P. Richie and Marilyn A. Richie
Clerk/Administrator 450 Highcroft Road
P.O. Box 66 Wayzata, MN 55391
Crystal Bay, MN 55323
10. Incorporation by Reference: All plans, special provisions, proposals, specifications and
contracts for the Improvements furnished and let pursuant to this agreeemnt shall be and hereby are
made a part of this agreement by reference as fully as if set out herein in full.
11. Disclaimer by City: It is understood and agreed that the City, the City Council, and the
agents and employees of the City shall not be personally liable or responsible in any manner to the
Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person,
firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind
or character, arising out of or by reason of the execution of this agreement or the performance and
completion of the Improvements.
12. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the
City, the City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting
from the assertion against them of any claims, debts or obligations in consequence of the
performance of this agreement by the Developer, its employees, agents or subcontractors, whether
or not caused in part by a party indemnified hereunder.
13. Remedy for Default: Default by the Developer of any of the terms of this agreement shall
automatically result in the suspension or withholding of all permits, licenses, occupancy certificates
or other authorizations issued by the City in connection with the property included in this
development.
Initials of Subdivider
Initials of City Clerk
Page 4 of 7
A. The Developer hereby grants to the City, its agents and its employees, the right to enter
on the property for the specific purpose of constructing or completing any and all of the
agreed upon Improvements should the Developer not complete those Improvements by the
date specified in Section 4-B.
B. The remedies afforded to the City under this Section shall be in addition to any other
remedies to which the City may be entitled by law or other agreement.
IN WITNESS WHEREOF, the City and Subdivider have caused this agreement to
be duly executed on the day and year first above written.
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CITY OF ORONO , • ;' * 7r
+ri, ti�� • tri,:SSA e�'°"S \��
pip, s t
By; By: ra`
(City Clerk)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this fh day of
Tn ,Q ex, , +9000, by Gabrial Jabbour & Linda S. Vee, Mayor & City Clerk
of the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
CAROLE A.HASEMAN
NOTMy PAW-W#* RA Notary Public
*C0M6"E*ftJ ,31.X006
Initials of Subdivider Awe-
Initials of City Clerk
Page 5 of 7
DEVELOPER /7
By: �C
/`� �� And:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Inca
On this q day of janq a R 199_ before me a
Notary Public within and for said county, personally appe d Mae i W) $. 81 Q�' e n nj, A�Fk -L f
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
MARY ANN JOHNSON
NOTARY PUBLIC MINNESOTA 6`
My Commission Expires Jan.31.2000 C2n/
NOTARY43UBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of 199_, before me a Notary Public
within and for said County , personally appeared
known to me to be the person(s)
described in and who executed the foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
Reviewed for Administration:
Date: By:
(City Official)
Initials of Subdivider
Initials of City Clerk
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This document has been drafted by:
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, Minnesota 55323
1 A AND PRIOR TAXES PAID
TAXPAYER SERVICES
TRANSFER ENTERED
MAY 11 2000
MIDEPIN COUNTY MINN.
' - DEPCITY
Initials of Subdivider
Initials of City Clerk
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EXHIBIT A
Lots 1, 2, and 3, Block 1, Richie Addition
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OFFIGE OF THEE FIEGISTRAR2C,
OF1 H,
HENNEPIN COLPJ]"Y' N1 I N!N'Fa OTA
CERTINED� FIELD ON
Ml AY 1 2, 20 Q 10
910