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HomeMy WebLinkAbout#372 Subdivider's Agreement for Kelley Green'r City of Orono Document Form May 30, 1978 CITY OF ORONO "HENNEPIN COUNTY, MINNESOTA SUBDIVIDER'S AGREEMENT FOR KELLEY GREEN (Name of Subd1v1s1on) Lloyd S. Kelley (Name of Subdivider) THIS AGREEMENT, Made and entered into this 29 day of __ A_u--=-g_u_s_t _________ , 19~, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City"), and its heirs, successors and assigns, (hereinafter called "Subdivider"). WITNESS ETH: WHEREAS, the Subdivider has made application to the City Council for approval of a final plat of land within the cor- porate limits of the City legally described in Exhibit A attached hereto and incorporated herein by reference (the "Subdivision"); and WHEREAS, the City Council has granted preliminary approval to the Subdivision, on the condition that the Subdi- vider enter into this agreement to provide for among other things, the installation of utilities, pathways, ·1andscaping, and any other improvements hereinafter described on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. A. Warranty of Subdivider. The Subdivider hereby warrants and represents to the City as inducement to the City's entering into this agreement, that Subdivider's interest in the Subdivision is as set forth on Exhibit B attached hereto. (Indicate whether fee owner, vendee under contract for deed from named vendor, or other vested interest. Prior to Final Plat Approval and execution of agreement, a title opinion must be provided to the City and all persons with any interest in the subdivision must execute this agreement; contract for deed vendors, mortgagees and others with a claim of title or who hold equitable title must agree to allow the Subdivision to be encumbered by the terms of this agreement.) 1. B. Covenants Concerning Title. Subdivider hereby warrants that the title to the property in the Subdivision presently and/or as of the time of the filing of the final plat £or the subdivision is as set forth in Exhibit B. Signature of Subdjvider -2- '· 2. Improvements. In accordance with the policies and ordinances of the City, the following described public or pri- vate improvements {hereinafter collectively called the "Improve- ments") shall be constructed and installed on the terms and conditions hereinafter contained: A. Site grading, including all necessary erosion con- trol procedures (hereinafter called "site grading improvements"); ··,, B • St re e t grad i n g , grave 1 i n g a n d s tab i l i z in g ( h ere i n - after called "street improvements"); ·· '\.. C. Storm sewers, including all necessary cul ve~ts, catch basins, ponds, inlets, channel improvements, and other appurtenances (hereinafter called "storm sewer improvements"); D. Sanitary sewer laterals or extensions, including all necessary building services and. other appurtenances (here- inafter called "sanitary sewer impro_vements"); E. Water main laterals or extensions, including all necessary building services, hydrants, valves and other appur- tenances (hereinafter called "water main improvements"); F. Permanent street surfacing, including curb and gut- ter (hereinafter called "permanent street improvements"); --~ G. Standard street name signs at all newly opened ~ intersections anq such other traffic control signs within the Subdivision to be installed only by the City (hereinafter called "traffic signing improvements"); H. Landscaping including boulevard sodding and improve- ments, finished grading, fencing, screening, sodding, seeding, berms, and plantings (hereinafter called "landscaping improve- ments"); I. Pathways and sidewalks (hereinafter called "pathway and ~idewalk improvements"); -3- }, . •· ~ J. Lighting improvements includi~g street lights, path- way lighting, driveway and parking lot lighting (hereinafter called "lighting .improvements"); K. Underground gas, electric and telephone serviGe to be arranged by the Subdivider with the utility companie~ involved (hereinafter called "utility improvements"); and L. Other improvements. 3. Designation of Improvements: Improvements to be installed at Subdivider's expense by the Subdivider as herein- after provided are hereinafter referred to as "Plan A Improvements." 4. Plan A Improvements. A. Improvements. The Subdivider will construct and install at Subdivider's expense the Plan A Improvements according to the terms of this agreement and the terms and conditions as set forth in Ex p i g it G attached hereto • . /r'}f Jf' CcA;,/5 . B. Construction Plans and Approval Thereof. The Sub- divider has engaged at Subdivider's expense a Minnesota regis-- tered civil engineer to prepare detailed plans and specifica- tions for the complete installation of all Plan A Improvements in accordance with City standards, including preparation of estimates, special contract provisions, preparation of proposal forms and designation and description of all necessary -tempor- ary and permanent easements, which are attached as exhibits ;t.5 ~- Signature of Subd1v1der -4- as set forth in paragraph 4A. Such plans and specifica- tions are based upon such engineering surveys, including such soil borings and material tests as were determined to b~ necessary by the City Engineer and have been submitted to and have been approved in writing by the City Engineer prior to the execution of this agreement. The Subdivider through his engineer shall provide for competent daily inspection of all Plan A Improvements, both public and private. Inspection report copies shall be pro- vided by the Subdivider's engineer to the City Engineer on a weekly basis. ·As-built drawings with service and valve ties on reproducible mylar and certifications by the Subdi- vider's Engineer of completion and compliance with specifica- tions approved by the City shall also be delivered to the City in the form and content approved by the City and shall be approved by the City Engineer. C. Construction of Plan A Improvements {l} Completion Date. All Plan A Improvements shall be completed not later than as shown on Exhibit D. {2} Approval of Contractors. Any contractor selected by the Subdivider to construct and install any Plan A Improvement must be determined in writing by the City Engineer to be acceptable. The City reserves the right to require satisfactory proof of successful experience and ade- quate financial status of any such contractor. Where required by City ordinanc·es, the contractor shall first obtain a license from the City. ---s-. (3) Pre-Construction Conference. Prior to any construction work on the Subdivision, the Subdivider, Subdi- vider's contractor and engineer, shall meet with the City Engineer to review the proposed work schedule. (4) Construction. The construction, installation and materials shall be in accordance with the plans and specifications approved by the City Engineer. The Subdivider will cause the contractors to furnish the City Engineer with a Schedule of proposed operations at least five (5) days prior to commencement of construction work. (5) Cross Sections. Upon request by the City Engineer, the Subdivider shall cause to be furnished to the City Engineer for his approval cross sections at fifty (50) feet stations of all streets in the Subdivision after initial grading. No construction of storm sewer, sanitary sewer, watermain or utility improvements shall be commenced until the initial grading cross sections are approved in writing by the City Engineer. The Subdivider shall cause to be fur- nished to the City Engineer in writing a statement or contract document indicating the contractor who is responsible for regrading to the approved section after the completion of the storm sewer, sanitary sewer, watermain and utility improvements. (6) Supervision. All of the work shall be under the sole supervision and control of the Subdivider. (7) Review and Approval by the City. All of the work shall be subject to the review and approval of the City Engineer and, where appropriate, any other governmental agency having jurisdiction. · (8) Easements. The Subdivider shall make available to the City, at no cost to the City, all permanent or temporary easements necessary for the installation of the Plan A Improve- ments, as determined by the City Engineer. All such easements requested by the City shall be in writing, in recordable form, and on the standard easement form of the City or on such other -terms and conditions as the City shall determine. (9) Insurance. The Subdivider will cause each per- son who constructs and installs any Plan A Improvements to furnish the City with the same evidence of complete insurance coverage (including Workmen's Compensation, liability and property damage) as is required on City contracted construc- tion jobs as det~rmined by the general specifications now in use. 5. A. Performance Bond or Letter of Credit. For the purpose of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that Subdivider will pay all claims for work done and materials and supplies furnished, Subdivider has furnished to the City at the time of the execution of this agreement a corporate surety performance bond in the amount of at least 150% of all estimated Construction Costs of the Plan A Improvements in form satisfactory to the City and naming the City as obligee thereunder. The bond shall be conditioned upon performance by Subdivider of its obligations hereunder. In lieu of the bond herein required or at the request of the City, Subdivider has deposited with the City cash, certified funds or an irrevocable letter of credit in a form satisfac- tory to the City in·at least said amount, provided that the City is able to draw upon such funds or letter of credit in its sole discretion to complete the Plan A Improvements. If cash or certified funds are deposited with the City as herein provided, the City shall deposit same in an interest- bearing account. If Subdivider completes the Plan A Improve- ments in accordance with this agreement and the work is accepted by the City, the principal amount of such deposit, together with all interest thereon, shall be refunded by the City to Subdivider. The amounts required are set forth in Exhibit D attached hereto. The City Council may authorize reduction of the amount of such bond or deposit as completion of the Plan A Improvement progresses, based upon recommendations by the City Engineer and the City Engineer's estimate of the cost of completion, . and so· long as the amount of the remaining bond or deposit equals at least 150% of the cost of all amounts to be paid by-Subdivider pursuant to this agreement to com- plete the remainder of the Plan A Improvements. 5. B. F~ithful Performance of Construction Contracts and Warranty Bond. The Subdivider will fully and faithfully comply with all terms of any and all contracts entered into by the Subdivider for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and .materials for a period of one year following the City's final acceptance of the Plan A Improvements, public or private, and agrees to repair or replace, as directed by the City, and at ivider -1- Subdivider's sole cost and expense, any workmanship or mater- ials that become defective, in the sole opinion of the City, within said one-year period even though notice thereof be given by the City after said one-year period. Concurrently, with the execution of this agreement by the Subdivider, the Subdivider has furnished to, and at all times thereafter shall maintain with the City a satisfactory and sufficient warranty bond in at least 150% of the total estimated cost of Plan A Improvements as determined in paragraph 4, above, with a corporate surety satisfactory to the City. Included among the obligations of the surety under such bona shall be that the Subdivider shall fully and faithfully discharge Subdi- vider's obligations with respect to the Plan A Improvements during the installation and construction period and that may arise as a result of Subdivider's one-year guaranty. 6. Services to be Performed by City and Payment Therefor. (A) With respect to Plan A Improvements, the City (a) will review ana·approve the Subdivider's securing all necessary permits; (b) may make periodic inspection of con- struction methods and materials; (c) may make final job inspections; and (d) may review and approve as-built drawings and service ties. (B) For such services, Subdivider will escrow with the City a sum equal to 3% of the total estimated construction cost of all Plan A Improvements at the time of the execution of this agreement. The Subdivider will provide the City Engineer with· true, accurate and complet~ information as to bids and all construction costs. Upon completion and the City's final acceptance of the as-built drawings and service ties, the City will remit to Subdivider any amounts remaining ·after the City has charged against the escrow account all expenses incurred by the City for the above services and for any other reasonable expenses incurred by the City relating -to the construction of Plan A Improvements. In the event that the charges incurred by the City exceeds the escrow amount, the Subdivider shall pay to the City the excess within 30 days after receipt of a statement therefor. The City Engineer will execute the certificate of completion after the City receives all amounts due. 7. Fees and Expenses. The Subdivider agrees to pay all City fees required per the current City Fee Schedule, and -8- further agrees to completely reimbutP~ the City for all the reasonable expenses it i~curs in re~ird to the review and approval of the Improvements and t~iO Subdivision.including, but not limited to, direct City payroll and overhead, costs, fees paid to consultants and other professionals, and the costs of printing, mailing and supplies, The Zoning Admini- strator has determined the estimated escrow amounts to cover ' these estimated expenses. Escrov deposits have been made at the time of application for final-subdivision approval , .:'t- an a are shown on Exhibit n. within•~o days after the City's Engineer execute the certificate of ~~bstantial completion, i .. :,:. the City will remit to Subdivider ari/t·arnounts remaining after ... ~ ... -~;z:. the City has charged against the escrow account all expenses .~~~ r- i n ~ u rr e d by the City for the above se:vices. In the event ,- · ... .:., that the charges incurred by the City exceeds the escrow " ,Ji~, amount, the Subdivider shall pay to the City the excess -~:~.\ within 30 days after receipt of a statement therefor. ·~_:·_~f-. 8. Transfer of Title. The Subdivider may not sell, ~ __ _..c,____::,-=--~=--=-=-=~ ,th C \.'._~:';" ''"'" transfer or lease any of the propert~_within the Subdivision until all of Plan A I~provernents hav~ been fully and faith- fully completed in accordance with the provisions of this Paragraph 4, without the City's written consent. 9. Home Owners AssociatiO_!!, The Subdivider agrees to and has created a viable home owners association with ---9-- the necessary maintenance agreements, acceptable to the City, which will be responsible for the ownership and main- tenance of among other things: common facilities, private roads, private sewer and water lines, open space, pathways, drainage ways, and drainage ponds, and any of the Improvements herein which are not to be accepted by the City for public ownership and maintenance. Such maintenance shall include among other things repair, replacement when necessary, snow removal, grass cutting, weed contro~, clean-up of trash and debris, mosquito control, odor control, drainage ways, silt removal from drainage ponds, grading and surfacing of private roads. If a reasonable maintenance standard is not maintained by the home owners association, the City shall have the right to take corrective action it deems appropriate to protect the health, safety and welfare of the public and to assess against said home owners association and/or the land in the subdivision for all costs incurred therefor. Such corrective action will not change the status of a private. Improvement. 10. Special Provisions. Subdivider agrees to all other provisions and requirements as set forth in Exhibit E attached hereto. ·11. Issuance of Building Permits. The City may not grant building permits and/or certificates of occupancy for f Subdivider -10- development of residential structures in the subdivision until the certificate 6f completion for Plan A Improvements has been issued by the City Engineer as set forth in Exhibit F attached hereto. 12. Resolutions of City. Subdivider agrees to be bound by the provisions set forth in the resolution of the City Council approving the Final Plat of this Subdivision. 13. Binding Effect •. The terms and provisions hereof shall be.binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the subdivision and shall be deemed covenants running with the land. References herein to Subdivider, if there be more than one, shall mean each and all of them. This agreement, or a short form thereof to be executed by the Subdivider, at the option of the City shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of · all or any part of the subdivision and all recording fees, if any, shall be paid by the Subdivider. The short form of this agreement is attached hereto as Exhibit G. 14. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall personally or mailed Subdivider -11- by United States certified mail (return receipt requested) to the addresses. set forth on Exhibit D. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. 15. Release of Security. Upon performance by the Subdivider of the terms of this agreement, excluding the expir- ation of any guaranty or warranty period herein and the per- formance by Subdivider of Subdivider's obligations herein with respect to any such guaranty of warranty, the_City will release to the Subdivider cash deposited in escrow in accord- ance with this agreement or, in case a performance bond shall have been filed in accordance with this agreement, will give, upon the request of the Subdivider, evidence satis- f~ctory to the Subdivider of his performance of this agreement in accordance with its terms. 16. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 17. Release to be Filed in the Chain of Title. Upon performance by the Subdivider of the terms of this agreement, excluding the expiration of any guaranty or warranty period, the City will at Subdivider's request, provide to the Subdi- vider for filing a resolution satisfactory to the Subdivider -l~- of his performance of this agreement in accordance with 1ts terms. 17. A. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to Subdivider, or Subdivider's contractors, subcontractors, materialmen, laborers or any other person, firm or corporation, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. 17. B. Hold Harmless and Indemnification. The Subdi~ vider shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees.of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations iri consequence of the performance of this agreement by the Subdivider, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 18. Remedy for Default. Default by the Subdivider of any of the terms of this agreement shall automatically result f Subdivider -13- in the suspension or withholding of all permits, licenses, occu- pancy certificates or other authorizations issued by the City. in connection with the property included in this subdivision. The remedies afforded to the City under this section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. IN WITNESS WHEREOF, the City and Subdivider have caused this agreement to be duly executed on the day and year first above written. And -14- -1-- STATE OF MINNESOTA) ) ss. _{City Acknowledgment) COUNTY OF HENNEPIN) The foregoing instrument was this 29 day· of August , Vfn Nest and Walter R. Benson C erk, respectively, of the City of acknowledged before me 1978, by William B. --, Mayor and City Orono, a Minnesota municipal corporation, on behalf of the municipal corporation. STATE OF MINNESOTA) ) ss. (Individual Acknowledgment) ~ COUNTY OF HENNEPIN ). this Tqe foregoing !pstrument was acknowledged before me D_'_ day of . , • ~J'" d/J9j(\;,: STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) ss. ~ / ,/--~Y,: I / ,· . ( Notary Pu ::ivit'f:!NNW 7 1 · . -'~~t-t~\ fAIJL Y/02i(0FF { (~A.1 NOTPRY i"UBliC -MINNl:GbfA \tiJ.,J!,_')-HENNEPIN COUNTY , My Commission Expires Aug. 18, I 082 ;: ~ ) ( Corf>'ffi:"a"t~'r\"B'm~in~nt) this The foregoing instrument was acknowledged before me day of-~--------:--,:-' 19 , by and , President and Vic~ President, ------------- respectively,-of-------------,--------,--------' a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. (Partnership Acknowledgment) COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me , 19 , by , this ___ day of a General Partner of General Partnership, --------------------, · a Minnesota ---------,-------0 n behalf of said partnership. Notary Public ; ,. Reviewed for Adrnini~tration: Date: August 29, 1978 ------------ Approv a as to form and legality: Date: -------------City Attorney Reviewed for Engineering: Date: City Engineer Accounting Records Posted: Date: Director of Finance -16- (Leg-n} clescrintinn of lsncl,· B.tt..-i.ch cop,r of nroposed :f:i nnl nl.A_t.) L , ,, .1. ~. J. Lotri 1 nnc'! 2, Block 1, Lots 1 and?., H]ock ?.., and Out,lotri A, R a.ncl. c., KeJJey Green., 1:1ccord1nc; to thA plat thereof on fjJ A and of record :l.n the off:tce of' thR Registr::ir of 'l'itJAs_, FennAp:i.n Connty., Minnesota. .,/ EXHIBIT B 1. A. Subdivider's Interest in the Subdivision is: &;1·,. (}u..>--",.._.Q...._ ' 1. B. Covenants Concerning Title Attach copy of title opinion. -18-. 5A 2.ncJ 5B of th:i.s AgrAF:nmnt clo not appJ~r ancl e ncrow A,CCOllnts do not ,9,pp} y. Sul'Jdi:vicler does ::icree to c~onstr11ct :c"ond ririor to 'i.s1mance of 'r:rnJJdin;: p0rm:i.ts ol1 Lot ?, B:1.ock 1 2.nd Lot ?, BJ ock ?, Y 8llAy GT'AAn. I / ./ I I EXHIBIT F 9. Issuance of Building Permits Completion of All of the Following Items FUine PJR.t Completion of All of the Above Items and All of the Following Items A, B, c, B.na G The items referenced above are A Improvements. Block(s) and Lot(s) Building Certificates Permit of Occupancy None Lots 2 n.nd 3 Lot 2_, BJ,ock 1 Lot 21 I31oek 2 described in Bxjst~.n~; houses on Lot 1, BJock .1 a.11d Lot 1, Bloel.c 2, KFJ.Jey GrMn Lots 2 nnd 3 Lot 2, B1ock 1 Lot 2., BJ.ock 2 Exhibit C, Plan -22- I