Loading...
HomeMy WebLinkAbout1989-12-19 Henn Co. Developer's AgreementTRANSFER iNigg60 Off T OF PRUPFRTY TAX ,w ;,_ ;, i, PECORDS RN _ :5 UTy City of Orono Document Forr Revised 10/87 cilry OF ORONO HENNEPIN COONR'Y, MINNESOTA DEVELOPER'S AGREEMENT FOR 1�0�. k/ Dtp .5ecaND 4MT10A1 (Name of Development) -DE /.V tq ( c,>- F Nt L",y i?Z:�e of Developer) THIS AGRI?Rt•1jSNT, Facie and entered into this 1Z���- 89 da.,- �C 1 Ig9 _ _, by and between the City of Ororr�,, r-ui�::,r"ii,al r,:,tperE.t.ion organize:: L�,:ce- t:ie laws of/the S*.&t= ►r?.r, :: h:.-r_ei.nafcLax. called "City"!, and _ >F-)yt.S i - reins, successors and assiyos, (hereinafter ca "Developer") . WITNESSETH: WHEREAS, the Developer has made application to the Cizy Cou:ic-i Fur or THE PLAT- Or- $=b?CWooD SFCoWb 4017Mo)V A►n, the City Council has granted approvai fc,_ ,2evcl L=: ,_'_t on th,- o._•ndit on t:': t the Developer enter intJ this age— ' t.c• r_.rovida fcr the inL�tallatJ.on of :taarcvements he_einafter i i',P t•. ii�.S and .:C^.G].ti0'1 herelnaf :'e_" Ser tort-b. NOW, THEREFORE, in consideration of the premises and o': mutual promises and conditions hereinafter contained, it is hereby ayr•_' as to.l lows: initials of Developer Ini'-ia_ls of City Clerk EXHIBIT B 1. Property Description: o u-rL,c-) T" f4 , FoY, kt©c D 'Ei ftoro D q-Q� 2. Improvements: In accordance with the policies and ordinances c_ the City,' the following described public or private improvements (hereinafter collectively called the "Improvements") shall bc- constructed and installed on the terms and conditions hereinafter contained: (2oNsTP-U aTr opt/ bF PR" 11iF- 9-04�D Pam. gv eAL.- sEc-Nor 5FEL- I r ICAT/ 0AIS/s7-4HPMRD5 ay , -PR✓ pb V-) 1 ,PTH 31 S tf E P-S t!^ I fA d �� T o C U L- E- S A C 3. Construction Plans: The following described detailed plans anc. specifications for the complete installation of the Improvements shag be submitted by the Developer for the approval of the City prior tr the start of construction. 'rhe Plans and specifications shall conforz, to all currrent City stan..ards for all applicable work. 4. Construction of Improvements: A. Commencement Date - The construction of Improvements sha 1 1 begin no later than B. Completion Date - All Improvements shall be completed later than NoV 1,090 . Initials of Developer Initials of City Clerk Page 2 of 6 C. Contractors - The Developer shall select, retain an. supervise the Contract--or(s) responsible for Improverne- construction. The City reserves the right to requii satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by Cit,. ordinance, the contractor shall first obtain a license from the City. D. PreConstruction Conference - Prior to the start of an. construction, the Developer a d the Developer's Contractor shal meet with the responsible City official to review constructic. plans and schedules. E. Permits - Prior to the start of any construction, th Developer's Contractor shall apply 4or and receive all r.ecc permits from the City and/or government agencies havin jurisdiction. F. Construction - The construction, installation and material shall be in accordance with the plans and specifications approve by the City. G. Insurance - The Developer will cause each person wh• const cts and installs any Improvement to maintain complet insurance coverage including Workmen's Compensation, Liabili' and Property Damage. 5. Performance Deposit: For the purposes of assuring to the Cit that the Improvements will be completed according to the terms of thi: agreement, and that the Developer will pay all claims for work don. and materials and supplies furnished, the Developer has deposited wi- the City at the time of the execution of this agreement an irrevocab: letter of credit in a form satisfactory to the City providing that t2: City is able to draw upon such letter of credit in its sole discreti.c to complete the Improvements if the Developer fails to satisfactoril complete the work prior to the completion date specified in Section above. The amount of such deposit shall not be reduced befo: substantial completion of the Improvements. The letter of credi shall expire no sooner than six months after the completion dat specified in Section 4 above, or no sooner than _ -hichever is later. Initials of Developer _ Initials of City Clerk ,aqe 3 of 6 6. Fees and Expenses: The Developer agrees to pay all City fee!-, required per the current City Fee Schedule and further agrees tc completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overheat?, costs, and'fees paid to consultants and other professionals. 7. Resolutions of City: Developer agrees to be bound by the provisions set forth in all resolutions of the City Council approvi:. the Development. 8. Binding Effect: The terms and provisions hereof shall be bind"! upon and inure to the benefit of the heirs, representativ•__ successors and assigns of the parties hereto. References herein Developer, if there be more than one, shall mean each and all of th, This agreement at the option of the City shall be placed of record sf as to give notice hereof to subsequent purchasers and encumbrancers Of all or any part of the property. 9. Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party tc this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. sucl. notice or demand shall be deemed timely given when deliverer personally or when deposited in the mail in accordance with the above. Notice to City City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 Notice to Developer VE mNel- F 4(u M L- I A.( 14t>5' oL- iF 1,199 F- PLVMcoTff,Mail 5'YV7 10. Incorporation by Reference: All plans, special provisions proposals, specifications and contracts for the Improvements furnishc and let pursuant to this agreeemnt shall be and hereby are made a par - of this agreement by reference as fully as if set out herein in full. Initials of Developer Initials of City Clark Page 4 of 6 11. Disclaimer by City: It is understood and agreed that the Cit,.• the City Council, and the agents and employees of the City shall n- be personally liable or responsible in any manner to the Developer <,, Developer's contractors, subcontractors, ma' almen, laborers, or ar other person, firm or corporation, for debt, cl- m, deman<: damages, -actions, or causes --)f action of any kind o_ charactE� arising out of or by reason _ the execution of this agreement or t.:. performance and complet' c the Improvements. 12. Ho .i Harmless a;id Indemnifization: The Developer shall indemnify and hold harmless the City, the City Council, and the agents employees of the City from and against all claims, damages, losses expenses, including attorney fees, :hich the City, City Council a:. agents and employees of the City may suffer or for which it may held liable, arising out of or resulting from the assertion again. them of any claims, debts or oiligations in consequence of t. performance of this agreement by the Developer, its employees, age:. or subcontractors, whether or not caused in part by a par -- indemnified hereunder. 13. Remedy for Default: Default by the Developer of any of the term: of this agreement shall automatically result in the suspension c. withholding of all permits, licenses, occupancy certificates or othe- authorizations issued by the City in connection with the proper - included in this development. A. Th :veloper hereby grants to the City, its agents and it: emplc-, thf. right to enter on the property for the specific purpose of constructing or com•jleting any and all of the agret�r upon Improvements should the Developer not complete th— Improvements by the date specified in Saction 4-B. B. The remedies afforded to the City under this Section shall in addition to any other remedies to which the City entitled by law or other agreement. hqv� initials of Developer � Initials of City Clerk ' IN WITNESS WHEREOF, the City and Subdivider have caused thif; agreement to be duly executed on the day and year first above written. In Presence of: CITY F ORONO C (May r) Ja0) Lk LA By, DEVELOPER By: And: Reviewed for Administration: Date: / D By: 0 (C' Official) Pa«e of 6 M STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 8th day of January, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. tHE OU L NAAS WfAXY PU@W . MINNEWTA HENNEPIN COUNTY �/ / w S@WAMN m ..p+r.. aav: Ali ; Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 19th day of December, 1989, before me a Notary Public within and for said county, personally appeared Dennis F. Kumlin, Widower, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. TA �iin I Notary Publ1c