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Home My WebLink AboutDevelopers agreement-1984 - City of Orono ' �rr� M i#�S BE�� Document Form ��y� �� November, 19 7 9 MI�R4�I�ME� CITY OF ORONO HENNEPIN COUNTY, MINNESOTA DEVELOPER' S AGR�EMENT FOR FRFN('N ('RFFK (Name of Development) NED. INC . - NED DAYTON (Name of Developer) THIS AGREIIKENT, Made and entered into this 29th day of �CT�BFR , 1984 , 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 "Developer") . W ITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of FRENCH CREEK AND, WHEREAS, the City Council has granted approval for such deve3opment on the condition that the Developer enter into this agreement to provide for the installation of improvements hereinafter described on the terms and conditions hereinafter set forth. Initials of Developer i: i� , � Initials of City Clerk � Page 1 of 7 �� I��M l��S �E�� NOW, consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows : 1. Property Description: FRENCH CREEK SUBDIVION 2. Improvements : In accordance with the policies and ordinances of the City, the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions hereinafter contained: 1 ) SITE GRADING AS APPROVED BY THE CITY ENGINEER. 2) ROAD CONSTRUCTION WHICH MEETS STANDARD OF SECTION 11 .33 FOR PRIVATE ROAD CONSTRUCTION AND APPROVED BY CITY EPJGINEER. 3) DITCHIfJG ALONG COUNTY ROAD 51 AND CULVERTS PLACED AT STREET INTERSECTIONS WITH COUNTY ROAD AS PER PLANS SUBMITTED TO CITY ENGINEER. 4) STORM SEWERS AS APPROVED BY CITY ENGINEER. 3. Construction Plans : The following described detailed plans and specifications for the complete installation of the Improvements shall be submitted by the developer for the approval of the City prior to the start of construction. The Plans and specifications shall conform to all cur.rent City standards for all applicabte work. PLANS AND SPECIFICATION SHALL BE THOSE DEVELOPED FOR NED, INC. BY SCHOELL & MADSON, INC. AND APPROVED BY CITY ENGINEER. Initials of I�eveloper i�� Initials of City Clerk f�'��' ' �� ti� �� ion of Im rovements : � A. Commencement Date - The construction of Improvements shall begin no later than APRIL l , 1985 B. Completion Date - Al1 Improvements shall be completed no later than OCTOBER 31 , 1986 C. Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by City ordinance, the contractor shall first obtain a license from the City. D. PreConstruction Conference - Prior to the start of any construction, the Developer and the Developer' s Contractor shall meet with the responsible City official to review construction plans and schedules . E. Permits - Prior to the start of any construction, the Developer' s Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. F. Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. G. Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen' s Compensation, Liability and Property Damage. Initials of Developer I�,, .) Initials of City Clerk �if� Page 3 of 7 � �� a ��M �l��OEO�l�ED � 5. Performance Deposit: For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay all claims for work done and materials and supplies furnished, the Developer has deposited with the City at the time of the execution of this agreement, a surety performance bond or an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such bond or letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 4 above. The amount of such deposit shall not be reduced before substantial completion of the Improvements . A. Surety Performance Bond - If a surety performance bond is deposited with the City, said bond shall be written in a form satisfactory to the City and shall name the Ci.ty as obligee thereunder. The bond shall be conditioned upon performance by the Developer of its obligations hereunder. B. Letter of Credit Expiration - If an irrevocable letter of credit is deposited with the City, said letter of credit shall expire no sooner than six months after the completion date specified in Section 4 above, or no sooner than OCTOBER 31 , 1986* whichever is later. C. Performance Deposit Amount shall be 150i of the estimated construction cost. Estimated Construction $215.000 X 150% = Deposit Amount $ 322.500 6 . Fees and Expenses : The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to 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 overhead, costs, and fees paid to consultants and other professionals . * LETTER OF CREDIT TO BE FOR ONE YEAR WITH AN � AUTOMATIC ONE YEAR RENEWABLE OPTION. Initials of Developer 1��{� Initials of City Clerk/,��JY� 4 Page 4 of 7 � �� . 7 , Resolutions of City: Developer agrees to be bound by the provisions set forth in all resolutions of the City Council approving the Development. 8, BindinQ 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. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to sub- sequent 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 to 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. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City Notice to Developer City of Orono Fn�^�AR� �AYTfI� Clerk/Administrator NED INC - P.O. Box 66 Crystal, Bay, Mn. 55323 1212 F L��AY7ATA Ri v�. I.IAY7AT��M,n,,.�� - Initials of Developer � 1�' � � Initials of City Clerk � � Page 5 of 7 � � �� k 10. Incor oration b ��l plans , special pro- visions , proposals, specifications and co �.�ts 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. 11. 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 the Developer or Developer' 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 . 12. Hold Harmless and Indemnification: The Developer 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 in con- sequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder, 13. Remedy for Default : Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. A. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 4-B. B. 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. �� Initials of Developer � i� �� ; Initials of .City Clerk �,�'��1� n�,..� G .,� ,