HomeMy WebLinkAboutDevelopment contract � ,
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
Mark V. Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1025850C
Doc Name: Development Agreement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
858150
This cover sheet is now a permanent part of the recorded document.
, "
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
BAYSIDE MEADOWS
PROJECT N0. 13-3591
(Final Plat#13-3607)
AGREEMENT dated /�U.qU,S� 2�-- , 2013, by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City"); and ERVIN A. WACHMAN JR. AND
MICHELLE MARIE WACHMAN, husband and wife, (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 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 as follows:
Outlot C, except the North 123.00 feet of the West 148.50 feet of Outlot C,
Bayview Farms 2"d Addition, Hennepin County, Minnesota.
(Torrens Certificate of Title No. 8581 SO)
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
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City will cause the Plat to be duly recorded in the office of the Registrar of Titles in and for
Hennepin County, Minnesota, promptly after compliance by the Developer with all 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 fmal 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) forty-eight (48)
hours after the Plat has been duly recorded in the office of said 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 Plat shall be developed in accordance with the
following plans (collectively, the "Plans"). The Plans shall not be attached to this Contract. The
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erosion control plan may also be approved by Minnehaha Creek Watershed District. If the Plans
vary from the terms of this Contract, the terms of this Contract sha11 control. The Plans are:
Plan A - Plat
Plan B - Final Grading, Development, Erosion Control Plan, and Storm Water
Pollution Prevention Plan
Plan C - Plans and Specifications for Public and Private Improvements
Plan D—Ecological Restoration and Management Program
Plan E - Landscape 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. Setting of Iron Monuments
C. Surveying and Staking
D. Private Roadway
E. Traffic Control Signs, Street Signs and Development Sign
F. Underground Utilities
G. Stormwater Quality Pond
H. Trails
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,
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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 chambers with a11 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, a11 prepared in
accordance with City standards. Developer will install any 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 a11 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:
• Hennepin County for County Road Access and Work in County Rights-
of-Way
• 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
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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.
12. TIME OF PERFORMANCE. The Developer shall install all Improvements as
contemplated by Section 8 and the approved Plans by November 30, 2013, with the exception of
the final wear course of asphalt on streets. The final wear course on streets sha11 be installed
between August 15th and September 15th the first sununer after the base layer of asphalt has been
in place one freeze thaw cycle. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be conditioned upon updating the "security"to reflect
cost increases and the extended completion date. Fina1 wear course placement must have the
written approval of the City Engineer, and may be delayed or scheduled at any time of the year
based upon existing site conditions at the discretion of the City Engineer.
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, Plan B, sha11 be implemented by the Developer and
inspected and approved by the City. The City may impose additional erosion control requirements
if reasonably required. All areas disturbed by excavation and backfilling operations shall be
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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
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. The Land shall be graded in accordance with the approved
grading development and erosion control plan, Plan "B". The plan shall conform to City of
Orono specifications. Within thirty (30) days after completion 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 land surveyor or engineer that all ponds,
swales, and ditches for public drainage have been constructed on public easements or land owned
by the City. Notwithstanding the foregoing, the City may 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 constructed" plan shall include field verified
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elevations of the following: a) cross sections of ponds; b) location and elevations along a11
swales, wetlands, wetland mitigation areas if any, and ditches, locations and dimensions of
borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations, and
house pads. The City will withhold issuance of building permits until the approved certified
grading plan is on file with the City and 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.
The Developer agrees to stake, for demonstration purposes only, the proposed areas to be
dedicated to the City for possible use as parks.
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 identify in writing a
responsible party and schedule for erosion control, street cleaning, and street sweeping.
17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS.
Developer shall enter into and execute a Private Road Easement and Maintenance Declaration.
Upon completion of the Improvements, the City shall inspect the Improvements and notify
Developer if any of the Improvements do not conform to the requirements of this Contract.
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 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.
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These fees shall be billed monthly, and paid out of and drawn against the escrow account
established by Developer for payment of all City consultant fees.
19. CLAIMS. In the event that the City receives claims from labor, material, or
others that work required by this Contract has been performed, the sums due them ha�e not been
paid, and the laborers, material, or others are seeking payment from the City, the Developer
hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota
Rules of Civil Proeedure for the District Courts, to draw upon the "security" in an amount up to
125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such
deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings
as it pertains to the funds deposited with the District Court, except that the Court sha11 retain
jurisdiction to deternune attorneys' fees pursuant to this Contract.
20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to
the standard Storm Water and Drainage Trunk Fee of$3,840.00 per acre calculated as follows:
$3,840.00 per acre x 13.72 total acres =$52,684.80
21. PARK DEDICATION FEE. The Land is subject to the standard Park
Dedication Fee requirement for the City of Orono. Because 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, the Park Dedication Fee is calculated as
follows:
5 lots x $5,550.00 per lot = $27,750.00
22. LANDSCAPING. All landscaping shall be installed in accordance with the
approved landscape plan.
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23. 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
Resolution No. 6209 Approving the Preliminary Plat for Property Located at Outlot C, Bayview
Farms 2°d Addition, File No. 13-3591, adopted by the Orono City Council on March 11, 2013.
B. Conservation easements for the protection of wetlands, steep slopes,
woodlands and open spaces must be established over the portions of Lot 1 as identified in the
KES report and Site Conservation Plan dated February 15, 2013 and the rear portions of all
building lots as shown on the approved Conservation/Preservation 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 recordable 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 approved vegetation management plan, no
excavating or earth movement. Creation and maintenance of non-hardcover walking paths may
be allowed. Permanent markers of a design and material acceptable to the City Planning
Director shall be placed at all points where the conservation easement intersects a lot boundary
or where the easement boundary line changes direction. 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 to Minnehaha Creek Watershed District
("MCWD") approval and permits as required. The City will not approve the Plat until the
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MC WD has approved the stormwater management plans and the Developer has provided
evidence that all required MCWD permits have been obtained.
D. The Developer shall construct a private road on the Land to provide
access to Bayside Meadows. The private road may be designed to preserve existing vegetation,
subject to the approval of the City Engineer. Before the City signs the Plat, the Developer shall
provide the City with an appropriately executed permanent road, drainage, and utilities
easement, in recordable form, over the outlot containing the private road. The homeowners
association covenants shall provide that the private road will be maintained to reasonable
standards at all times by the homeowners association and that failure of the homeowners
association to so maintain the private road will be cause 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, Conditions and Restrictions and Private
Roadway Easement for Bayside Meadows.
E. Before the City signs the final plat, the Developer shall submit
homeowners association documents for review and approval by the City Attorney. The
homeowners association shall be responsible for maintenance of the private road, stormwater
ponds and facilities within the Land and shall include a Declaration of Private Covenants,
Conditions, Restrictions and Private Roadway Easement" for maintenance of same over the
private road outlot. The homeowners association documents shall also include ownership and
perpetual maintenance responsibilities for the subdivision identification monument sign and
retaining wall to be installed within Lot l, Block 2, Bayfield Farms 2nd Addition. A sign permit
must be obtained from the City Building Official prior to installation of any subdivision
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identification signs. The sign shall comply with setbacks and shall be located outside the sight
visibility tria.ngle in compliance with City sign ordinance requirements.
F. All lots have been tested and found capable of providing suitable primary
and alternate sites for on-site sewage treatment systems. For all lots, mound systems will be
required. Special precautions, including but not limited to protective covenants as well as
physical barriers during construction activity, must be taken to protect these sites on both a
short-tertn and long-term basis, as municipal sewers are not projected to be extended to serve
the Land. Before the City signs the Plat, the Developer 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 contain suitable area meeting all established
setback requirements to allow the construction of single family residences.
H. The Developer must obtain a sign permit from the City Building Official
prior to installation of any subdivision identification 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 provided the Developer submits a $1,000.00
per sign security guaranteeing sign removal when the subdivision is fully developed.
I. Prior to City Council approval of the final Plat, the Developer shall furnish
a boundary survey of the Land with all property corner monumentation of the Land in place and
marked with lath and a flag. Any encroachments on or adjacent to the Land shall be noted on the
survey. The Developer shall post a $500.00 security (the "Monuxnent Security") for the fmal
placement of interior subdivision iron monuments at property corners and the placement of all
monuments pursuant to 1066. The Monument Security was calculated as follows: five (5) lots at
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$100.00 per lot. The Monument Security will be held by the City until the Developer's land
surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition, the certificate of survey must also include a certification that all irons for
a specific lot have either been found or set prior to the issuance of a building permit for that lot.
J. The Developer shall pay to the city engineer the amounts incuned for the
City base map upgrading in escrow.
K. The Developer shall submit the fmal Plat in electronic format. The
electronic format shall be Auto CAD file. T'he 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'.
24. SiTMMARY 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 amount of the security shall be $358,449.75 The bank sha11 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
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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 completed, all financial obligations to the
City satisfied, the required "as constructed" Plans have been received by the City, a warranty
securiry 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.
25. SUMMARY OF CASH REQiTIREMENTS. 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:
Park Fee $ 27,750.00
Storm Water and Drainage Trunk Fee 52,684.80
Engineering, Oversight and Erosion Control 8,000.00
Final Plat Fee 700.00
Tota1 Cash Requirements &Fees $ 89,134.80
26. WARRANTY. The Developer warrants a11 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 Securiiy. 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
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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.
27. 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 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 a11 costs and
expenses incurred by the Ciry in monitoring and inspecting development of the Land.
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 sha11 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 sha11 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
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.
in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent
(18%)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, charges and building permit fees.
28. 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
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 Ciiy 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.
29. 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.
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C. Breach of the terms of this Contract by the Developer sha11 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. Grading and one lift of asphalt shall be installed on all streets prior to
issuance of any building permits.
F. 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 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.
G. 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.
H. 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
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interests in the Land; and that the Developer will indemnify and hold the City hannless for any
breach of the foregoing covenants.
I. Each right, power or remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied, now or hereafter
arising, a�ailable 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.
J. The Developer may not assign this Contract without the written permission
of the City Council. The Developer's obligations hereunder sha11 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 sha11 provide, in recordable form, a release of any lot in the Plat from this Development
Contract if the City determines that the terms and conditions of this Contract have been satisfied.
K. 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.
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L. 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.
30. 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: 2135 Salem Court, Long Lake, Minnesota 55356. 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.J
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CITY OF ORONO
By. <� • ��v�j�k��Gc--�
Lili McMillan, Mayor
(SEAL)
gy. �G�-L..�-�' �
Rachel Dodge, City Clerk
5TATE OF MINNESOTA )
� S5.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this � day of
, 2013, by Lili McMillan and by Rachel Dodge, respectively the Mayor and
City lerk of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
� G��- �
" � ' MONICAA.FADNESS NOTAR PUBLIC
<;: �, ' NOTARY PUBUC-MINNESOTA
'`...:.�s;.� My Commission Expires Jan.31,2017
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DEVELOPER:
�
rv n A. achman .
chelle Marie Wachman
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2Z. day of
�-u , 2013, by Ervin A. Wachman Jr. and Michelle Marie Wachman, husband
and w e. `
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NOTARY PUBLIC
. • , BARBAw4 G. SILUS
NOTARY PUBLIC-MINNE SOTA
.„;,.� My Commission Expires Jan +� 2018
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DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651)452-5000
SMM
20
169371v5
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MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
STATE BANK OF LONG LAKE, which holds 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 effect even if it forecloses on its mortgage.
Dated this�day of c�� ,2013.
STATE BANK OF LONG LAKE
BY: T��G� �
Its: ���
STATE OF MINNESOTA )
)ss.
COUNTY OF ���i�'1 {�'I )
The foregoing instrument was acknowledged before me this ���' day of
�--��L�a%' � 2013, by �t' i cLr� ���7��<� the
�Y� � �_t.f'r L�� t �r'�^ r c,s of State Bank of Long Lake, on its behalf.
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,� �, ; ` ,`" '. �:� NOTARYPUBLIC �
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DRAFTED BY: � �`�
C�BELL KrruTsorr '� Rl�CHEL DODGE
Professional Association
NOTARY PUBLIC-MiNNESOTA
317 Eagandale Office Center ����' My Commission Expires Jan.31,2ot5
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM
21
169371v5