HomeMy WebLinkAboutDevelopers agreement for pond excavation City of Orono
Document Form
Revised 5/91
CITY OF ORONO
HSNN$PIN CODNTY, MINNLSOTA
DEVELOPffit'S AC,R�EN'P FOR
Pond Bgcavation
(Name of Development)
Clair Rood
(Name of Developer)
THIS AGR$$M$NT, Made and entered into this 2nd day of
December , 1991 , by and between the City of Orono, a
municipal corporation organized under the laws of the State of Minnesota
(hereinafter called "City"), and Clair T. Rood
his heirs, successors and assigns, (hereinafter called "Developer").
WITN$SSSTH:
WH$RBAS, the Developer has made application to the City Council
for approval of a variance and conditional use permit for excavation of
a pond within a Citv-designated wetland.
AND, WHEREAS, the City Council has granted approval for such
development on the condition that the Developer enter into this agreement
to provide for the instal lation of improvements hereinafter described on
the terms and conditions hereinafter set forth.
NOW, THBRBFOR$, in consideration of the premises and of the
mutual promises and conditions hereinafter contained, it is hereby agreed
as follows: -
Initials of Developer f��
Initials of City Clerk m
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1. Property Description:
Lots 54, 55, 56, 61, 62 and 63, "Wallaces Addition to
the Village of Minnetonka Beach"
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:
Pond excavation and site grading per the conditions of
Citv Council Resolution �2989
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 shal 1 conform
to al 1 currrent City standards for all applicable work.
(Plans attached as Exhibit A of Resolution �2989)
4. Construction of Improvements:
A. Commencement Date - The construction of Improvements shall
begin no later than Januarv 1, 1992 •
B. Completion Date All Improvements shall be completed no
later than �r� �iQ�l 1992 .
/ Initials of Developer Tn
Initials of City Clerk��
Page 2 of 7
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 al 1 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 Impravement to maintain complete
insurance coverage including Workmen's Compensation, Liability
and Property Damage.
5. Performance Deposit: For the purposes of assuring to the City
that the Improvements wil 1 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 an irrevocable
letter of credit in a form satisfactory to the City providing that the
City is able to draw upon such letter of credit in its sole disc�etion
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. The letter of credit
shall expire no sooner than six months af ter the completion date
specified in Section 4 above.
Initials of Developer �.�K
Initials of City Clerk .�nn _
Page 3 of 7
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.
7. Resolutions of Citys_ Developer agrees to be bound by the
provisions set forth in al 1 resolutions of the City Council approving
the Development.
8. 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
deemed covenants running with the land. Ref erences herein to
Developer, if there be more than one, shall mean each and all of them.
This agreement to be executed by the Developer, 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 Developer.
9. Notices: Whenever in this agreement it shall be required or
permitted that natice or demand be given or served by either party to
thi s agreement to or on the other party, such noti ce or demand sha 11
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 a�/S ��,ywvo� G/¢y
Clerk/Administrator �
P.O. Box 6 6 �'�'`1�� /`9f1 � �/
Crystal Bay, MN 55323
10. Incorporation bv Reference: All plans, special provisions,
proposals, specifications and contracts for the Improvements furnished
and let pursuant to this agreeemnt shall be and hereby are made a part
of this agreement by reference as fully as if set out herein in full.
Initials of Developer L�TiZ
Initials of City Clerk�
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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 shal 1 indemnify
and hold harmless the City, the City Council, and the agents and �
employees of the City from and against al 1 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 consequence 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 o£ 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 al 1 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 � T/2
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IN WITNESS WHEREOF, the City and Subdivider have caused this
agreement to be duly executed on the day and ear first above written.
CITY OF ORONO
� _ .
By• By•
. .
(Ci y Cle k
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before n this
� day of .//�n ,-,�6�r- . 19 9� , by &
��,r„fti.. �/• __ . Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the
City.
CAROLE A. FtASEMAAN
NDTAii1l PI�Lb•�i1�i�A
YY A�YI�I�lON EXAdIp iQ�iO �/S��O J �•��L�1fl������
Notary Public
DEVELOPER
By: �1�!sG+vi^ -' //� And:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this o� �� day of � eGem �j-�e. ►- , 199 � before me a
Notary Public within and for said county, personally appeared
C�0.�r� T'� �ood 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.
LINDA S. VEE
�OTpRy pU861C- MINNE30TA - ` /���
HENNEPIN COUNTY (/
�"h'�'��'�' ����&�� NOT Y PUBLIC
Page 6 of 7
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On thi s day of , 19 9_, bef ore me a Notary Pub 1 i c
within and for said County , personally appeared
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.
NOTARY PUBLIC
Reviewed for Administration:
�
Date: �2"Z��� By:
�
(City Officia
This document has been drafted by:
City of Orono
1335 South Brown Road
P.O. Box 66
Crystal Bay, Minnesota 55323
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