Loading...
HomeMy WebLinkAboutPlat Development Contract 4 � ill 11 11 1 II I I I III II 1111 1111 HI Doc No T05623171 Certified, filed and/or recorded on Jun 28, 2019 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1838827C Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1484878 This cover sheet is now a permanent part of the recorded document. ill Doc No A10672337 Certified, filed and/or recorded on Jun 28, 2019 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1838827C Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) ORONO ORCHARD HILL PROJECT NO. LA18-000078 AGREEMENT dated V(/Lf e Z.y' , 2019, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"); and ORONO ORCHARD, LLC, a Minnesota limited liability company ("Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for "ORONO ORCHARD HILL" (referred to in this Contract as the "Plat"). The land to be subdivided by the Plat (the "Land") is situated in the City of Orono, County of Hennepin, State of Minnesota, and is legally described on the attached Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition that the Developer enter into this Contract and furnish the security required by it. The City will cause the Plat to be duly recorded in the office of the Recorder and Registrar of Titles in and for Hennepin County, Minnesota, promptly after compliance by the Developer with all 1 conditions precedent to such recording pursuant to this Contract, which conditions precedent the Developer shall cause to be satisfied within 180 days after the City Council approves the final Plat. 3. RIGHT TO PROCEED. Within the Land, the 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: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2)the necessary "security" (defined below)has been received by the City, and 3)the Plat has been duly recorded in the office of said Recorder and Registrar of Titles. 4. PHASED DEVELOPMENT. N/A 5. PRELIMINARY PLAT STATUS. N/A 6. 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 Land unless required by state or federal law or agreed to in writing by the City and the 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. 7. DEVELOPMENT PLANS. The Land shall be developed in accordance with the following plans (collectively, the "Plans"). The Plans shall not be attached to this Contract. The erosion control plan may also be approved by the Minnehaha Creek Watershed District("MCWD"). If the Plans vary from the terms of this Contract, the terms of this Contract shall control. The Plans are: 2 Plan A—Plat of Orono Orchard Hill Plan B - Grading and Site Plan Plan C—Erosion Control Plan/ SWPPP Plan Plan D— Stormwater Management Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built in accordance with the approved Plans (the "Improvements"): A. Site Grading, Ponding, and Erosion Control B. Driveway Paving C. Setting of Iron Monuments D. Surveying and Staking E. Stormwater Management Facilities The Improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction;and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. 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. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council 3 chambers with all parties concerned, including the City staff, to review the program for the construction work. Within thirty(30) days after the completion of the Improvements and before the "security" is released, the Developer shall supply the City with a complete set of reproducible "as constructed" Plans, and an electronic file of the "as constructed" Plans in an Auto CAD file based upon the Hennepin County coordinate system, all prepared in accordance with City standards. 9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.021 and the Orono City Code, the final placement of iron monuments for all lot corners must be completed before the"security"is released. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: • DNR for Dewatering • City of Orono for Building Permits • Minnehaha Creek Watershed District for erosion control permit and storm water management permit • NPDES Permits(National Pollutant Discharge Elimination Systems)issued by MPCA 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 4 12. TIME OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the approved Plans by June 1, 2020, with the exception of the final wear course of asphalt on private drive. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to perform all work and inspections deemed appropriate by the City in conjunction with development of the Land. 14. EROSION CONTROL. Prior to initiating site grading, the storm water pollution prevention plan, and the erosion control plan shall be implemented by the Developer and inspected and approved by the City and/or the MCWD. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by excavation and backfilling operations shall be reseeded within five(5)days after the completion of the work,weather permitting,or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 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 ten (10) days, the City may draw down the "security" to pay any costs. No 5 development, utility or street construction will be allowed and no building permits will be issued unless the Land is in full compliance with the approved erosion control plan. 15. GRADING PLAN. Building permits shall be based on the approved grading and erosion control plan, though actual grading will be completed by the property owners at the time of building construction. This approved grading plan will establish the Engineered Grade for the project, as defined by city code. The City will withhold issuance of building permits until all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill will have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer,builders, subcontractors,their agents or assigns. Prior to any construction on the Land, the Developer shall comply with all recommendations of the City staff and City Engineer regarding site cleanup and restoration, including but not limited to contaminated soil removal,junk and debris removal, etc. Also, prior to any construction on the Land, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. Upon completion of the Improvements and final acceptance by the City,the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and 6 acceptance,project monitoring during the warranty period,and processing of requests for reduction in the "security." Fees for this service shall be at standard hourly rates. These fees shall be billed monthly. Contemporaneously with the execution of this Agreement, the Developer shall deposit $2,000.00 cash with the City("Escrow"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to, planning, engineering oversight, or legal consultant review) the City has incurred or will incur related to the Development and for all out-of-pocket costs the City has incurred or will incur to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work associated with this Agreement, if compliance with the terms of this Agreement are not accomplished. As the City receives consultant bills for incurred costs,the City will in turn send a bill to the Developer. The Developer shall be responsible for payment to the City within 30 days of the Developer's receipt of bill. In the event that the Developer does not make payment to the City within the timeframe outlined in this Section, the City may immediately draw from the escrow account without further approval of the Developer to reimburse the City for eligible expenses the City has incurred. If the balance of the escrow account is insufficient to reimburse the City its costs under this Section, the Developer will promptly reimburse the City any additional costs. If the eligible expenses incurred by the City exceed the amount in escrow and are not promptly reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. 7 Stat. §§ 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to the Developer when the Development has been completed and written notification is received from the Developer requesting the funds. 20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the standard Storm Water and Drainage Trunk Fee for one new 2-acre lot at$8,060.00 per lot. $8,060.00 per lot x 1 new lot= $8,060.00 21. PARK DEDICATION FEE. The Land is subject to the standard Park Dedication Fee requirement at the following rate: $5,550.00 per lot x 1 new lot= $5,550.00 22. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: A. Implementation of and adherence to the findings and conditions listed in(1) Resolution No. 6941 approving the Preliminary Plat for File No. LA18-000062, adopted by the Orono City Council on February 11, 2019; and (2) Resolution No. 6994 approving the Final Plat for Orono Orchard Hill, adopted by the Orono City Council on June 24, 2019. B. Final Plat approval is subject to Minnehaha Creek Watershed District ("MCWD")approval and permits as required. The City will not approve the Plat until the MCWD has approved the stormwater management plans and the Developer has provided evidence that all required MCWD permits have been obtained. C. The Plat shall adhere to the purpose and intent of the Orono Community Management Plan, as amended. D. All of the proposed lots must contain suitable area meeting all established setback requirements to allow the construction of single family residences. 8 E. Prior to City Council approval of the final Plat, the Developer shall furnish a boundary survey of the Land in a form acceptable to City staff F. The Developer shall pay to the city engineer the amounts incurred for the preparation of record construction drawings and City base map upgrading. G. The Developer shall submit the final Plat in electronic format. The electronic format shall be Auto CAD file. The Developer shall also submit two complete sets of the Plat on Mylar (one copy for the City's records and one copy for recording with Hennepin County). The Developer shall also provide one copy reduced to 1" =200'. H. The Developer shall execute and record a Driveway Easement and Maintenance Agreement covering the shared driveway on the Land. I. The Developer shall execute and record a Covenant to Protect Drainfield Sites on the Land. 23. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of the costs of all Improvements and construction of all Improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any required landscaping. The following is a summary of the security requirements due under this Contract, which must be in place at the time of silt fence inspection and prior to any other site improvements. 9 CONSTRUCTION COSTS: Improvements 73,250.00 TOTAL COSTS $ 73,250.00 TOTAL SECURITIES (Total Costs X 150%) $ 108,87.5.00 The bank shall be subject to the approval of the City Administrator. The City may draw down the security, upon five (5) business days' prior written notice to Developer, for any violation of the terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements are not completed at least thirty(30)days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied,with City approval the security may be reduced from time to time by ninety percent(90%)of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved by City's Engineer, shall be retained as security until all Improvements have been completed, all financial obligations to the City satisfied,the required "as constructed" Plans have been received by the City, a warranty security is provided,and the public Improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. 24. SUMMARY OF CASH REQUIREMENTS AND FEES. The following is a summary of the cash requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval and execution of this Contract by the City: 10 Park Dedication Fee $ 5,550.00 Storm Water and Drainage Trunk Fee 8,060.00 Escrow $ 2,000.00 Total Cash Requirements $ 15,610.00 25. WARRANTY. The Developer warrants all Improvements against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council as documented in official City minutes. The Developer shall post a maintenance bond, letter of credit or cash deposit (the "Maintenance Security") in an amount reasonably determined by the City Engineer. The City Engineer shall examine the condition of the Improvements when determining the amount of the Maintenance Security. The City shall retain ten percent (10%) of the security until the Maintenance Security is furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 26. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Land,including but not limited to Hennepin County Environmental Services and Minnehaha Creek Watershed District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat,the preparation of this Contract,review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Land. 11 • B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development of the Land. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. 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 Contract. 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 Land, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty(30)days after receipt. If the bills are not paid on time,the City may halt development and construction of the Land until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent(8%)per year. F. In addition to the charges and special assessments referred to herein, other charges as required by City ordinance or via other agencies for which City acts as agent may be imposed such as, but not limited to, sewer access charges ("SAC"), City water access charges and building permit fees. 27. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in 12 default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by the Developer or any successor in interest to the Developer. 28. MISCELLANEOUS. A. The Developer represents to the City that the Plat complies with all city, county, state,and federal laws and regulations,including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work on the Land until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City or Developer under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including those for lots sold to third parties. D. If any portion, section, subsection, sentence, clause,paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. E. If building permits are issued prior to the completion of all Improvements, the Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men,employees, agents, or third parties.No sewer and water connection permits may be issued and 13 no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. G. This Contract shall run with the Land and may be recorded against the Land. The Developer covenants with the City,its successors and assigns,that the Developer is well seized in fee title of the Land and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the Land;that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. H. 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 the 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. I. The Developer may not assign this Contract 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 in the Plat, the Land, or any part of it. Upon request, the City shall provide, in recordable form, a release of any lot in the Plat from this Development 14 • Contract if the City determines that the terms and conditions of this Contract have been satisfied. This Development Contract shall be binding upon and inure to the benefit of the parties and their respected successors and assigns, including without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the Property. Should the Developer convey any lot or lots in the Plat to a third party, the city and the owner of that lot or those lots may amend the Development or this Development Contract, with City approval, or use of those lots without the approval or consent of the other lot owners within the Plat. Private agreements between the owners of lots within the Plat for shared service or access and related matters necessary for the efficient use of the Property shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner. J. Developer shall be responsible for all snow removal from vacant lots to the extent that City Ordinance requires snow removal. Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding nuisances. K. City permits are required for all retaining walls. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical 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 and specifications. All retaining walls required to be constructed by the Plans, or special conditions referred to in this Contract, shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. L. Developer shall take out and maintain or cause to be taken out and maintained until six (6)months after the City has accepted the public improvements, commercial 15 general liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of$1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. 29. 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: 153 East Lake Street, Wayzata, MN 55391. 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: Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to which notices to such party thereafter shall be given,by providing to the other party notice of such change. [Remainder of Page Intentionally Left Blank.] 16 `- v,fi;J • CITY: CITY OF ORONO By: UE--(21)1' , F F Dennis Walsh, Mayor (SEAL) \ ` I By: I AlL► ,i Anna Carlson, ity Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this a y day of �tti41..,E__ , 2019 by Dennis Walsh and by Anna Carlson, respectively the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its CityCo nc'l. b---1 15 . , Notary Publi 4 /r';'";-- Nola J.Dickhausen i 4 =. , A Notary Public • 4 ''". = Minnesota 1 0 „„ IU Colston Expires January 31,2071 • 17 DEVELO' R•7 ORO d O' HARD, LLC A By'i ria Jef IV;IF : afson Its ' esident STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 210 day of J(Alm , 2019, by Jeffrey S. Gustafson, the Vice-President of Orono Orchard, LLC, a Minnesota limited liability company, on behalf of the limited liability company. 0411414;V`-i k kTY 11 ::cpen+ �l ti ; :: °•; CHRISTINE M.MATTSON NOTARY PUBLIC NOTARY PUBLIC-MINNESOTA ...,' My Commission Expires Jan.31,2024 �Ifl./ll.�,/Illl�1llJll./lJlJI!✓J� DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 18 Exhibit A to Development Contract Lot 2, Block 1, SMITH DETTLOFF ADDITION, Hennepin County, Minnesota, except that part which lies Northerly of a line described as follows: Commencing at the Southeast corner of said Lot 1; thence North 0 degrees 05 minutes 55 seconds West along the East line of Lot 1 a distance of 211.14 feet to the point of beginning; thence South 89 degrees 54 minutes 04 seconds West a distance of 114.64 feet; thence South 38 degrees 54 minutes 49 seconds West a distance of 232.95 feet; thence North 50 degrees 30 minutes 10 seconds West a distance of 589.61 feet;thence North 0 degrees 07 minutes 06 seconds West a distance of 115.50 feet to the North line of Lot 2 and there terminating. (torrens) Lot 1, Block 1, SMITH DETTLOFF ADDITION, Hennepin County, Minnesota, except that part which lies Northerly of a line described as follows: Commencing at the Southeast corner of said Lot 1; thence North 0 degrees 05 minutes 55 seconds West along the East line of Lot 1 a distance of 211.14 feet to the point of beginning; thence South 89 degrees 54 minutes 04 seconds West a distance of 114.64 feet; thence South 38 degrees 54 minutes 49 seconds West a distance of 232.95 feet; thence North 50 degrees 30 minutes 10 seconds West a distance of 589.61 feet;thence North 0 degrees 07 minutes 06 seconds West a distance of 115.50 feet to the North line of Lot 2 and there terminating. (abstract) MORTGAGE CONSENT TO DEVELOPMENT CONTRACT Bridgewater Bank,which holds a mortgage on the subject property dated August 29,2018, and filed in Hennepin County on August 30, 2018 as Torrens document no T5557080 and on September 6, 2018 as Abstract document number A10589635, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force andeffecteven if it forecloses on its mortgage. Dated thisp </ day of e , 2019. , ' By: ii 2?-4-11fr---- Its: Jr" STATE OF MINNESOTA ) )ss. COUNTY OF/i, //li ) The foregoing instrument was ac wledge bf e me this per®`—"day of i7- -e 2019, by /I��1i,i 1,, LA:*S� the S /J,c.,:, ec.'J 1,'` of Bridgewater Bank, on its behalf. `� KRISTEN LEA FENSKE LANGEj otary 'ublic NOTARY PUBLIC.MINNESOTA MY COMMISSION EXPIRES 01/31//2022 DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,MN 55121 Telephone: (651)452-5000 ABS 20 firel.111414N A4 - ;;A BRIDGEWATER BANK IRREVOCABLE LETTER OF CREDIT Letter of Credit No.: 512 Date:June 21,2019 TO: City of Orono 2750 Kelley Parkway Orono,MN 55356 Dear Sir or Madam: We hereby issue, for the account of Orono Orchard, LLC,a Minnesota limited liability company, and in your favor,our Irrevocable Letter of Credit in the amount of$ 108,875.00, available to you by your draft drawn on sight at the undersigned bank. Any drafts drawn under this Letter of Credit must: a) Bear the clause, "Drawn under Letter of Credit No. 512 of Bridgewater Bank, dated June 21,2019"; b) Be accompanied by an affidavit signed by the Mayor or City Administrator certifying that Orono Orchard, LLC is in default of the Development Contract with the City of Orono and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at Bridgewater Bank, 7831 East Bush Lake Road, Suite 300, Bloomington,MN 55439, on or before 4:00 p.m. on November 30,2019. Greenwood PHONE 952.653.0605 bridgewaterbankmn.com 21500 Highway 7 FAX 952.470.3933 Greenwood,MN 55331 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 Orono 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: Orono City Administrator, Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356 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. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BRIDGEWATER BANK i BY: � . Johnson enior Vice President Construction Lending 2 CERTIFICATE OF INSURANCE LIABILITY & WORKERS' COMPENSATION This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend,extend or alter the coverage afforded by the policies listed below. PROJECT: N-011\0 C VYA'vv CERTIFICATE HOLDER& ADDITIONAL INSURED: City of Orono ADDRESS: ARCI-UENGR: INSURED: OVt CVO n/A LL-C-- ADDRESS: ic3 (ftiyt' Lca W611u 1f4 SS3G[ I - AGENT: C 17k"min 11vp ADDRESS:_ctb5$ \A, 3' tb S k i b G _Yzc' - - ♦ r ---- WORKERS'COMPENSATION COVERAGE POLICY# 14-00001111EFFECTIVE DATE 01 / 01 / 2019 EXPIRATION DATE 01 / 01 / 2020 INSURANCE COMPANY: The Builders Group COVERAGE-Workers'Compensation, Statutory.Employers'Liability Limit $ 100,000 Each Accident $ 500,000 Disease Policy Limit $_ 100,000 Disease Employee Limit ($500,000 Policy limit applies to both accident and disease) GENERAL LIABILITY POLICY# tk G 59 I '-{- _EFFECTIVE DATE ( / ! I EXPIRATION DATE 11 / 1- / t 9 INSURANCE COMPANY: lei�, \A re. ( )Claims Made () Occurrence ( )Owner's&Contractors Protective ( )Other LIMITS: General Aggregate Limit(Other Than Products-Completed Operations) $ 2 V`'1 Products-Completed Operations Aggregate Limit $ ;L.WI Personal&Advertising Injury Limit $ ,A_\ Each Occurrence $ �+ 22 COVERAGE PROVIDED Operations of Contractor: Yes '< No Government Immunity is Waived Yes No X Operations of Sub-Contractor(Contingent): YesNo _ Property Damage Liability Includes Does Personal Injury Include Damage Due to Blasting Yes X No Claims Related to Employment: Yes \ No Damage Due to Collapse Yes N No Completed Operations/Products: Yes X No Damage To Underground Facilities Yes h No Contractual Liability(Broad Form): Yes Ni No Broad Form Property Damage Yes X No EXCEPTIONS: AUTOMOBILE LIABILITY POLICY # (17014 5 1 H EFFECTIVE DATE:1( 11-/ EXPIRATION DATE: tk INSURANCE COMPANY: \J vk‘ h'r— ()Any Auto All Owned Autos ()Scheduled Autos (*Hired Autos Wlon-Owned Autos LIMITS: Bodily Injury $ 1 O Each Person/$j_kt.4 Each Occurrence OR Combined Single Limit Property Damage$ ( Each Occurrence UMBRELLA EXCESS LIABILITY POLICY# %o y c y ( 4EFFECTIVE DATE: i t I / EXPIRATION DATE: a I q- i t 9 INSURANCE COMPANY U LIMITS: Single Limit Bodily Injury and Property Damage $ ' .4-1 Each Occurrence $ �}--if1 Aggregate COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers'Liability,General Liability,and Automobile Liability: Yes jr\ No Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes k No If So,List Amount$ 000 Cit. l, - (e AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes )( No Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days notice to the parties to whom this certificate is issued. Dated at: k 1 ( On: By: vU. t"I. P{•irk.; S MN License# 2 o34,3z.. Authorized Insurance Representative 23 • ACO.�O DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Hanson-Michaels NAME: Christensen Group Insurance (A/C No Ext): (952)653-1000 FAX No): (952)653-1100 9855 West 78th Street,Ste 100 E-MAIL bmichaels@christensengroup.com ADDRESS: INSURER(S)AFFORDING COVERAGE _ NAIC# Eden Prairie MN 55344 INSURER A: United Fire&Casualty 13021 INSURED INSURER B: Orono Orchards LLC INSURER C: 153 Lake Street East INSURER D: INSURER E: Wayzata MN 55391 INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 Orono Orchards LLC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL-SUER, POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD- POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $DAMAGE T 1,000,000 CLAIMS-MADE X OCCUR PREM SESO(Ea Ro cuE ence) '$ 100,000 MED EXP(Any one person) $ 5,000 A Y • 60454143 11/07/2018 11/07/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ _ X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 60454143 11/07/2018 11/07/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) X 10 PIP-Basic $ X UMBRELLA LIABOCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE 60454143 11/07/2018 11/07/2019 AGGREGATE $ 2,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as an Additional Insured under the Commercial General Liability on a Primary/Non-Contributory basis when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Orono ACCORDANCE WITH THE POLICY PROVISIONS. 2750 Kelley Parkway AUTHORIZED REPRESENTATIVE Orono MN 55356 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • Additional Named Insureds Other Named Insureds Lakeshore Holdings LLC LLC, Additional Named Insured Orono Orchards LLC LLC, Additional Named Insured Rednasor LLC LLC, Additional Named Insured Revision LLC LLC, Additional Named Insured OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC