HomeMy WebLinkAboutDevelopment contract t
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Doc No T05113365
Certified, filed and/or recorded on
Sep 5, 2013 12:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
ark V. Chapin, County Auditor and Treasurer
Dep ty 98 Pkg ID 1025850C
Doc ame: Development Agreement
Doc ment Recording Fee $46.00
Doc ment Total $46.00
E isting Certs New Certs
858150
This cover sheet is now a permanent part o the recorded document.
(reserved for recording in o�mation)
DEVELOPMENT CO TRACT
(Develope�Installed Im rovements)
BAYSIDE MEAD WS
PROJECT NO. 13 3591
(Final Plat#13-3 07)
AGREEMENT dated �U. U,S� 2-� , 2013, by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City"); nd ERVIN A. WACHMAN JR. AND
MICHELLE MARIE WACHMAN, husband and wi , (hereinafter collectively referred to as
the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to
approve a plat for`BAYSIDE MEADOWS" (referred to i this Contract as the "Plat"). The land
to be subdivided by the Plat (the "Land") is situated in t e City of Orono, County of Hennepin,
State of Minnesota, and is legally described as follows:
Outlot C, except the North 123.00 feet of the W st 148.50 feet of Outlot C,
Bayview Farms 2°d Addition, Hennepin County, Minnesota.
(Torrens Certificate of Title No. 858150)
2. CONDITIONS OF PLAT APPROVA . The City hereby approves the Plat on
condition that the Developer enter into this Contract an furnish the security required by it. The
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City will cause the Plat to be duly recorded in the offi e of the Registrar of Titles in and for
Hennepin County, Minnesota, promptly after complian e by the Developer with all conditions
precedent to such recording pursuant to this Contract, w 'ch conditions precedent the Developer
shall cause to be satisfied within 180 days after the City ouncil approves the final Plat.
3. RIGHT TO PROCEED. Within the and, the Developer may not grade or
otherwise disturb the earth, remove trees, construct se er lines, water lines, streets, utilities,
public or private improvements, ar any buildings until all the following conditions have been
satisfied: 1)this Contract has been fully executed by bot parties and filed with the City Clerk, 2)
the necessary "security" (defined below) has been recei ed by the City, and 3) forty-eight (48)
hours after the Plat has been duly recorded in the office o said Registrar of Titles.
4. PHASED DEVELOPMENT. N/A
5. PRELIMINARY PLAT STATUS. N/
6. CHANGES IN OFFICIAL CONTRO S. For two (2) years from the date of
this Contract, no amendment to the City's Comprehensi e Plan, or official controls shall apply to
or affect the use, development density, lot size, lot 1 out or dedications of the Land unless
required by state or federal law or agreed to in writing b the City and the Developer. Thereafter,
notwithstanding anything in this Contract to the contra to the full extent permitted by state law,
the City may require compliance with any amendments t the City's Comprehensive Plan, official
controls, platting or dedication requirements enacted aft r the date of this Contract with respect to
property which did not receive final plat approval prior t any such amendment.
7. DEVELOPMENT PLANS. The Plat all be developed in accordance with the
following plans (collectively, the "Plans"). The Plans s all not be attached to this Contract. The
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erosion control plan may also be approved by Minnehah Creek Watershed District. If the Plans
vary from the terms of this Contract,the terms of this Co tract shall control. The Plans are:
Plan A - Plat
Plan B - Final Grading, Development, rosion Control Plan, and Storm Water
Pollution Prevention Plan
Plan C - Plans and Specifications for Pub ic and Private Improvements
Plan D—Ecological Restoration and Ma agement Program
Plan E - Landscape Plan
8. IMPROVEMENTS. The Developer s all install and pay for the following as
required to be built in accordance with the approved Plan (the"Improvements"):
A. Site Grading, Ponding, and Erosi n Control
B. Setting of Iron Monuments
C. Surveying and Staking '
D. Private Roadway
E. Traffic Control Signs, Street Sig and Development Sign
F. Underground Utilities
G. Stormwater Quality Pond
H. Trails
The Improvements shall be installed in accordance w th the City subdivision ordinance; City
standard specifications for utilities and street construct on; and any other ordinances including
those concerning erosion and drainage and any prohibiti g grading, construction activity, and the
use of power equipment. The Developer shall submit lans and specifications which have been
prepared by a competent registered professional engin er to the City for approval by the City
Engineer. The Developer shall instruct its engineer to pr vide adequate field inspection personnel
to assure an acceptable level of quality control. In addit' n, the City may, at the City's discretion
and at the Developer's expense, have one or more City nspectors and a soil engineer inspect the
work as the City may reasonably determine. The Deve oper, its contractors and subcontractors,
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shall follow all instructions received from the City's ins ectors. The Developer's engineer shall
provide for on-site project management. The Develo er's engineer is responsible for design
changes and contract administration between the Develo er and the Developer's contractor. The
Developer or its engineer shall schedule a pre-constructi n meeting at a mutually agreeable time
at the City Council chambers with all parties concerne , including the City staff, to review the
program for the construction work. Within thirty ( 0) 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 C unty coordinate system, all prepared in
accordance with City standards. Developer will install y required sidewalks and trails just prior
to the installation of the final lift of asphalt.
9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.02
and the Orono City Code, the final placement of iron monuments for all lot corners must be
completed before the "security" is released. The Dev loper's surveyor shall submit a written
notice to the City certifying that the monuments have be n installed.
10. PERMITS. The Developer shall btain or require its contractors and
subcontractors to obtain all necessary permits, includi g but not limited to the following to the
extent required:
• Hennepin County for County R ad Access and Wark in County Rights-
of-Way
• DNR for Dewatering
• City of Orono for Building Perm ts
• Minnehaha Creek Watershed istrict for erosion control permit and
storm water management permit
• NPDES Permits (National Pol utant Discharge Elimination Systems)
issued by MPCA
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11. DEWATERING. Due to the varia e nature of groundwater levels and
stormwater flows, it will be the Developer's d the Developer's contractors' and
subcontractors' responsibility to satisfy themselves wit regard to the elevation of groundwater
in the area and the level of effort needed to perfo 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 app opriations permits shall also be strictly
followed.
12. TIME OF PERFORMANCE. The De eloper shall install all Improvements as
contemplated by Section 8 and the approved Plans by N vember 30, 2013, with the exception of
the final wear course of asphalt on streets. The final ear course on streets shall be installed
between August 15th and September 15th the first summ r after the base layer of asphalt has been
in place one freeze thaw cycle. The Developer may, ho ever, request an extension of time from
the City. If an extension is granted, it shall be condition d upon updating the "security" to reflect
cost increases and the extended completion date. Fina wear course placement must have the
written approval of the City Engineer, and may be dela ed or scheduled at any time of the year
based upon existing site conditions at the discretion of th City Engineer.
13. LICENSE. The Developer hereby grant the City, its agents, employees, officers
and contractors a license to enter the Land to per rm all work and inspections deemed
appropriate by the City in conjunction with development of the Land.
14. EROSION CONTROL. Prior to initiat' g site grading,the storm water pollution
prevention plan, and the erosion control plan, Plan B, sh 11 be implemented by the Developer and
inspected and approved by the City. The City may impo e additional erosion control requirements
if reasonably required. All areas disturbed by excav tion and backfilling operations shall be
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reseeded within five (5) days after the completion of th work, weather permitting, or in an area
that is inactive for more than ten (10) days unless autho 'zed and approved by the City Engineer.
Except as otherwise provided in the erosion control pl , seed shall be in accordance with the
City's current seeding specification which may include ertified oat seed to provide a temporary
ground cover as rapidly as possible. All seeded area shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties ecognize that time is of the essence in
controlling erosion. If the Developer does not comply 'th the erosion control plan and schedule
or supplementary instructions received from the City, t e City may take such action as it deems
appropriate to control erosion. The City will endea�or t notify the Developer in advance of any
proposed action, but failure of the City to do so will not fect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimb se the City for any cost the City incurred
for such work within ten (10) days, the City may draw own the "security" to pay any costs. No
development, utility or street construction will be allow d and no building permits will be issued
unless the Land is in full compliance with the approved e osion control plan.
15. GRADING PLAN. The Land shall be graded in accordance with the approved
grading development and erosion control plan, Plan " ". The plan shall conform to City of
Orono specifications. Within thirty (30) days after com letion of the grading and before the City
approves individual building permits the Developer shall provide the City with an "as
constructed" grading plan certified by a registered 1 d surveyor or engineer that all ponds,
swales, and ditches for public drainage have been const cted on public easements or land owned
by the City. Notwithstanding the foregoing, the City ma issue building permits to the Developer,
prior to completion of all grading, provided the City Engineer has determined that adequate
erosion control measures are in place. The "as cons ucted" plan shall include field verified
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elevations of the following: a) cross sections of pon s; b) location and elevations along all
swales, wetlands, wetland mitigation areas if any, an ditches, locations and dimensions of
borrow areas/stockpiles, and installed "conservation are " posts; and c) lot corner elevations, and
house pads. The City will withhold issuance of build ng permits until the approved certified
grading plan is on file with the City and all erosion contr 1 measures are in place as determined by
the City Engineer. The Developer certifies to the City t at all lots with house footings placed on
fill will have been monitored and constructed to meet r exceed FHA/HUD 79G specifications.
The Developer agrees to stake, for demonstration p oses only, the proposed areas to be
dedicated to the City for possible use as parks.
16. CLEAN UP. The Developer shall cle dirt and debris from streets that has
resulted from construction work by the Developer, uilders, subcontractars, their agents or
assigns. Prior to any construction on the Land, th Developer shall identify in writing a
responsible party and schedule for erosion control, street leaning, and street sweeping.
17. CONSTRUCTION AND MAINT NANCE OF IMPROVEMENTS.
Developer shall enter into and execute a Private Road asement and Maintenance Declaration.
Upon completion of the Improvements, the City sha 1 inspect the Irnprovements and notify
Developer if any of the Improvements do not conform to the requirements of this Contract.
18. CITY ENGINEERING ADMINIS RATION AND CONSTRUCTION
OBSERVATION. The Developer shall pay a fe for engineering administration. City
engineering administration will include monitoring of c nstruction observation, consultation with
Developer and its engineer on status or problems reg ding the project, coordination for final
inspection and acceptance, project monitoring during the warranty period, and processing of
requests for reduction in the "security." Fees for this ervice shall be at standard hourly rates.
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These fees shall be billed monthly, and paid out of d drawn against the escrow account
established by Developer for payment of all City consult t fees.
19. CLAIMS. In the event that the City r ceives claims from labor, material, or
others that work required by this Contract has been perf rmed, the sums due them have not been
paid, and the laborers, material, or others are seeking payment from the City, the Developer
hereby authorizes the City to commence an interpleade action pursuant to Rule 22, Minnesota
Rules of Civil Procedure for the District Courts, to dra upon the "security" in an amount up to
125 percent of the claim(s) and deposit the funds in c pliance with the Rule, and upon such
deposit, the Developer shall release, discharge, and dism ss the City from any further proceedings
as it pertains to the funds deposited with the District ourt, except that the Court shall retain
jurisdiction to determine attorneys' fees pursuant to this ontract.
20. STORM WATER AND DRAINAGE RUNK FEE. The Land is subject to
the standard Storm Water and Drainage Trunk Fee of$ ,840.00 per acre calculated as follows:
$3,840.00 per acre x 13.72 total res = $52,684.80
21. PARK DEDICATION FEE. The and is subject to the standard Park
Dedication Fee requirement for the City of Orono. Be use the value of each newly created lot
in the Plat will be in excess of the threshold value of 69,375.00, the eight percent (8%) park
fee cap of $5,500.00 per lot will apply; therefore, th Park Dedication Fee is calculated as
follows:
5 lots x $5,550.00 per lot $27,750.00
22. LANDSCAPING. All landscaping sh 11 be installed in accordance with the
approved landscape plan.
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23. SPECIAL PROVISIONS. The follo ng special provisions shall apply to
development of the Land:
A. Implementation of and adherence to the findings and conditions listed in
Resolution No. 6209 Approving the Preliminary Plat for Property Located at Outlot C, Bayview
Farms 2nd Addition, File No. 13-3591, adopted by the Or no City Council on March 11, 2013.
B. Conservation easements for the protection of wetlands, steep slopes,
woodlands and open spaces must be established over t e portions of Lot 1 as identified in the
KES report and Site Conservation Plan dated Februar 15, 2013 and the rear portions of all
building lots as shown on the approved Conservation/ reservation Plan drawing. Before the
City signs the Plat, the Developer shall provide the City with an appropriately executed Grant of
Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetland and
Wetland Buffer (the "Conservation Easement"), in re ordable form, specifying the proposed
conditions and limitations to be placed on the specific areas noted above. The easement shall
incorporate as a minimum the following elements: no structures allowed, no fences, no
domestic animals (i.e. no horses, sheep, chickens, etc.), no tree or vegetation removal except by
special permit for maintenance or as part of an app oved vegetation management plan, no
excavating or earth movement. Creation and maintena ce of non-hardcover walking paths may
be allowed. Permanent markers of a design and m terial acceptable to the City Planning
Director shall be placed at all points where the conse tion easement intersects a lot boundary
or where the easement boundary line changes directi n. The recording of the Plat and the
Conservation Easement shall be conclusive evidence of the satisfaction of this special provision.
C. Final Plat approval is subject t Minnehaha Creek Watershed District
("MCWD") approval and permits as required. The ity will not approve the Plat until the
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MCWD has approved the stormwater management lans and the Developer has provided
evidence that all required MCWD permits have been ob ined.
D. The Developer shall construct private road on the Land to provide
access to Bayside Meadows. The private road may be esigned to preserve existing vegetation,
subject to the approval of the City Engineer. Before th City signs the Plat, the Developer shall
provide the City with an appropriately executed p rmanent road, drainage, and utilities
easement, in recordable form, over the outlot contain' g the private road. The homeowners
association covenants shall provide that the private oad will be maintained to reasonable
standards at all times by the homeowners associatio and that failure of the homeowners
association to so maintain the private road will be cau for the City to accomplish the needed
maintenance and to assess the benefited properties for the direct cost of such maintenance per
the povisions of the Declaration of Covenants, C nditions and Restrictions and Private
Roadway Easement for Bayside Meadows.
E. Before the City signs the fi al plat, the Developer shall submit
homeowners association documents for review and approval by the City Attorney. The
homeowners association shall be responsible for mai enance of the private road, stormwater
ponds and facilities within the Land and shall inclu e a Declaration of Private Covenants,
Conditions, Restrictions and Private Roadway Ease nt" for maintenance of same over the
private road outlot. The homeowners association doc ments shall also include ownership and
perpetual maintenance responsibilities for the subdiv sion identification monument sign and
retaining wall to be installed within Lot 1, Block 2, Ba field Farms 2"d Addition. A sign permit
must be obtained from the City Building Official rior to installation of any subdivision
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identification signs. The sign shall comply with setbac s and shall be located outside the sight
visibility triangle in compliance with City sign ordinanc requirements.
F. All lots have been tested and fo d capable of providing suitable primary
and alternate sites for on-site sewage treatment syste s. For all lots, mound systems will be
required. Special precautions, including but not lim' ed to protective covenants as well as
physical barriers during construction activity, must b taken to protect these sites on both a
short-term and long-term basis, as municipal sewers a e not projected to be extended to serve
the Land. Before the City signs the Plat, the Develope shall furnish an appropriately executed
Declaration of Restrictive Covenant for Protection of Sewage Treatment Sites, in recordable
form.
G. All of the proposed lots must con ain suitable area meeting all established
setback requirements to allow the construction of single family residences.
H. The Developer must obtain a sig permit from the City Building Official
prior to installation of any subdivision identificatio signs for the Land. The City sign
ordinance allows temporary subdivision identification signs on corner lots provided the signs
meet area, height, and setback requirements, and prov ded the Developer submits a $1,000.00
per sign security guaranteeing sign removal when the s bdivision is fully developed.
I. Prior to City Council approval of he final Plat, the Developer shall furnish
a boundary survey of the Land with all property corner onumentation of the Land in place and
marked with lath and a flag. Any encroachments on or djacent to the Land shall be noted on the
survey. The Developer shall post a $500.00 security the "Monument Security") for the final
placement of interior subdivision iron monuments at p operty corners and the placement of all
monuments pursuant to 1066. The Monument Security as calculated as follows: five (5) lots at
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$100.00 per lot. The Monument Security will be hel by the City until the Developer's land
surveyor certifies that all irons have been set follo ng site grading and utility and street
construction. In addition, the certificate of survey must al o include a certification that all irons for
a specific lot have either been found or set prior to the iss ance of a building permit for that lot.
J. The Developer shall pay to the ci y engineer the amounts incurred for the
City base map upgrading in escrow.
K. The Developer shall submit the final Plat in electronic format. The
electronic format shall be Auto CAD file. The Develop r shall also submit two complete sets of
the Plat on Mylar (one copy for the City's records an one copy for recording with Hennepin
County). The Developer shall also provide one copy red ced to 1"=200'.
24. SUMMARY OF SECURITY REQUI MENTS. To guarantee compliance
with the terms of this Contract, payment of the costs of 11 Improvements and construction of all
Improvements, the Developer shall furnish the City wi a letter of credit, in the form attached
hereto (the "security"), from a bank for 150% of the ost of the Improvements, including any
required landscaping. The amount of the security shall e $358,449.75 The bank shall be subject
to the approval of the City Administrator. The City m y draw down the security, upon five (5)
business days' prior written notice to Developer, for an 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 ex iration of the security, the City may also
draw it down. If the security is drawn down, the procee s shall be used to cure the default. Upon
receipt of proof satisfactory to the City that work has be n completed and financial obligations to
the City have been satisfied, with City approval the secu ity may be reduced from time to time by
ninety percent (90%) of the financial obligations that h ve been satisfied. Ten percent (10%) of
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the amounts certified by the Developer's engineer, and approved by City's Engineer, shall be
retained as security until all Improvements have been c mpleted, 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 ccepted by the City Council. The City
standard specifications for utilities and street const ction outline procedures for security
reductions.
25. SUMMARY OF CASH REQUIREM NTS. The following is a sutYunary of
the cash requirements and fees due under this Contract, hich must be paid in cash at the time of
final plat approval:
Park Fee $ 27,750.00
Storm Water and Drainage Trunk Fee 52,684.80
Engineering, Oversight and Erosion Cont ol 8,000.00
Final Plat Fee 700.00
Total Cash Requirements Fees $ 89,134.80
26. WARRANTY. The Developer warrant all Improvements against poor material
and faulty warkmanship. The warranty period for stree s is one year. The warranty period for
underground utilities is two years and shall commence ollowing completion and acceptance by
the City Council. The one year warranty period on str ets shall commence after the final wear
course has been installed and accepted by the City ouncil as documented in official City
minutes. The Developer shall post a maintenance bo d, letter of credit or cash deposit (the
"Maintenance Security") in an amount reasonably dete ined by the City Engineer. The City
Engineer shall examine the condition of the Improvem nts when determining the amount of the
Maintenance Security. The City shall retain ten p rcent (10%) of the security until the
Maintenance Security is furnished the City or until the warranty period expires, whichever first
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occurs. The retainage may be used to pay for warranty rk. The City standard specifications for
utilities and street construction identify the procedures fo final acceptance of streets and utilities.
27. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified h ein, the Developer shall pay all costs
incurred by it or the City in conjunction with the deve opment of the Land, including but not
limited to Minnehaha Creek Watershed District ch ges, legal, planning, engineering and
inspection expenses incurred in connection with app oval and acceptance of the Plat, the
preparation of this Contract, review of construction p ans and documents, and all costs and
expenses incurred by the City in monitoring and inspecti g development of the Land.
B. The Developer shall hold the Ci and its officers, employees, and agents
harmless from claims made by itself and third parties or damages sustained or costs incurred
resulting from Plat approval and development of the L d. The Developer shall indemnify the
City and its officers, employees, and agents for all cos , damages, or expenses which the City
may pay or incur in consequence of such claims, includi g attorneys' fees.
C. The Developer shall reimburse th City for reasonable costs incurred in the
enforcement of this Contract, including engineering and ttorneys' fees.
D. The Developer shall pay, or caus 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 fo ce 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 ( 0) days after receipt. If the bills are not
paid on time, the City may halt development and const ction of the Land until the bills are paid
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in full. Bills not paid within thirty (30) days shall accru interest at the rate of eighteen percent
(18%)per year.
F. In addition to the charges and spe ial assessments referred to herein, other
charges as required by City ordinance or via other agen ies for which City acts as agent may be
imposed such as, but not limited to, charges and building ermit fees.
28. DEVELOPER'S DEFAULT. In the ev nt of default by the Developer as to any
of the work to be performed by it hereunder, the City ma , at its option, perform the work and the
Developer shall promptly reimburse the City for any ex ense incurred by the City, provided the
Developer, except in an emergency as determined by th City, is first given notice of the work in
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 Court order for permission to enter the
Land. When the City does any such work, the City ma , in addition to its other remedies, assess
the cost in whole or in part against any portion of th Land owned by the Developer or any
successor in interest to the Developer.
29. MISCELLANEOUS.
A. The Developer represents to the City that the Plat complies with all city,
county, state, and federal laws and regulations, in luding but not limited to: subdivision
ordinances, zoning ordinances, and environmental regul tions. If the City determines that the Plat
does not comply, the City may, at its option, refuse�to al ow construction or development wark on
the Land until the Developer does comply. Upon the ity's demand, the Developer shall cease
work until there is compliance.
B. Third parties shall have no reco rse against the City or Developer under
this Contract.
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C. Breach of the terms of this Contra t 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 deci ion shall not affect the validity of the
remaining portions of this Contract.
E. Crrading and one lift of asphalt hall be installed on all streets prior to
issuance of any building permits.
F. If building permits are issued prio to the completion of all Improvements,
the Developer assumes all liability and costs resulting i delays in completion of Improvements
and damage to Improvements caused by the City, D veloper, its contractors, subcontractors,
material men, employees, agents, or third parties. No se er and water connection permits may be
issued and 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 b the City Engineer in writing.
G. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be bi ding, amendments or waivers shall be in
writing, signed by the parties and approved by written r solution of the City CounciL The City's
failure to promptly take legal action to enforce this Cont ct shall not be a waiver or release.
H. This Contract shall run with the Land and may be recorded against the
Land. The Developer covenants with the City, its succ ssors and assigns, that the Developer is
well seized in fee title of the Land and/or has obtain consents to this Contract, in the form
attached hereto, from all parties who have an interest i the Land; that there are no unrecorded
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interests in the Land; and that the Developer will inde ify and hold the City harmless for any
breach of the foregoing covenants.
I. Each right, power or remedy here'n conferred upon the City is cumulative
and in addition to every other right, power or remed , express or implied, now or hereafter
arising, available to the City, at law ar in equity, or u der any other agreement, and each and
every right, power and remedy herein set forth or othe ise so existing may be exercised from
time to time as often and in such order as may be deeme expedient by the City and shall not be a
waiver of the right to exercise at any time thereafter any ther right,power or remedy.
J. The Developer may not assign thi Contract without the written permission
of the City Council. The Developer's obligations here er shall continue in full force and effect
even if the Developer sells one or more lots in the Plat, t e Land, or any part of it. Upon request,
the City shall provide, in recordable form, a release of y lot in the Plat from this Development
Contract if the City determines that the terms and conditi ns of this Contract have been satisfied.
K. Retaining walls that require a uilding permit shall be constructed in
accordance with plans and specifications prepared b a structural or geotechnical engineer
licensed by the State of Minnesota. Following construc ion, a certification signed by the design
engineer shall be filed with the City Engineer evidenci that the retaining wall was constructed
in accordance with the approved plans and specificat ons. 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 o which a retaining wall is required to be
built.
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L. Developer shall be responsible f r all snow removal from vacant lots to
the extent that City Ordinance requires snow remov 1. Developer shall be responsible for
ensuring that all vacant lots comply with the City's Cod regarding nuisances.
30. NOTICES. Required notices to the De eloper shall be in writing, and shall be
either hand delivered to the Developer, its employees r agents, or mailed to the Developer by
certified mail at the following address: 2135 Salem Co , Long Lake, Minnesota 55356. Notices
to the City shall be in writing and shall be either han delivered to the City Administrator, or
mailed to the City by certified mail in care of the Cit Administrator at the following address:
Orono City Hall, 2750 Kelley Parkway, Orono, Minne ta 55356. Either party may change the
address to which notices to such party thereafter shall e given, by providing to the other party
notice of such change.
[Remainder of Page Intention lly Left Blank.J
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CITY OF RONO
By� • �
Lil' McMillan, Mayor
(SEAL)
gy. �--- C.�--L_�—c'_—� /../ `
Ra hel Dodge, City Clerk �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledg before me this � day of
,�.c.. �L,.�.� , 2013, by Lili McMillan and by Ra hel Dodge, respectively the Mayor and
City lerk of the City of Orono, a Minnesota m icipal corporation, on behalf of the
corporation and pursuant to the authority granted by its ity Council.
G�/� �- �
°'u�' MONICAA.FADNESS NOTAR PUBLIC
NO7ARY PUBLIC-MINNESOTA
y.s�.� ,�hy Commission Expires Jan.31,2017
� � ���'��: '� �
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,. , '
19
169371v5
1
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DEVELO ER: �'
1
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chelle arie Wachman
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledg d before me this ZZ. day of
�u , 2013, by Ervin A. Wachman Jr. an Michelle Marie Wachman, husband
and w e. `
� CZ-e�c ���-c�a
NOTARY UBLIC
BARBARA G. SILUS
, NOTRRY P��BLIC-MINNE SOTA
. .,,,.�� My Comm�ss�on�xpires Jan ?' 2018
, ;.
'=, ,,, : ..;� ,
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651)452-5000
SMM
20
169371v5
MORTGAGE CON ENT
TO
DEVELOPMENT CO TRACT
STATE BANK OF LONG LAKE, which hol s a mortgage on the subject property, the
development of which is governed by the foregoing Development Contract, agrees that the
Development Contract shall remain in full force and eff t even if it forecloses on its mortgage.
�
Dated this�day of �z� , 2013.
STATE B NK OF LONG LAKE
BY: , -t-� �
Its: ��,�J
STATE OF MINNESOTA )
)ss.
COUNTY OF �����t ���� )
The foregoing instrument was acknowled ed before me this ��^�l ' day of
2013, by #--7 r � c� � ��F'-� ��; the
-_��_(�.� ' , -
r���' �� c �,�� � r� (� r'c �r c-5 of State Bank of ong Lake, on its behalf.
� � � ��;_ ���_ _,� ����: �.
' ; NOTARY PUBLIC `
. �
DRAFTED BY: � � �
CaMPaELL KNUTsorr ', , RACHEL DODGE
N ARY PUBLIC-MINNESOTA
Professional Association `;;;,;,�� My mmission Expires Jan.31,2015
317 Eagandale Office Center �
13 80 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651)452-5000
SMM '
21
169371v5