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Home My WebLink AboutDevelopment contract-2010 , ✓ � , I , , � ��'� f1'�C�.c 1�� i'v Y��t�` �k_ i�� Doc No A9552918 Certi�ied fi(ed and/or recorded on 8/30/10 4:00 PM Office of the County Recorder Hennepin County, Minnesota . Michaet H. Cunniff, County Recorder Jiq L,Alverson, County Auditor and Treasurer Deputy 45 Pkg}D 650712 . � Doc Name: Development Ag►eement Document Reeording Fee $46.00 • Documenf Tafal $46.00 k i � i . � This caver sheet 3s now a permanent parl af the recorded document. � . . , . � � . ' � ., � . r � . ' i�, ' ( / . ! • . . ' , (re.rerved jor record�ng lnjormorlon) ' � � DEVELOPI�IEI�TT CONTRACT - - - - - - . {Devefoper and City Instglled lmprovernex�s} Krnty�e T'wo , . � ' AGREENLENT dnted f d�}v S u 1 r , 20l Q, by and between the CITY OF ORONO, a. Minnesota municipal corporation ("City"), and ANDRADE LAND C�1'lPANY, a Minnesota ' , � � corporation(the"Developer"). 1. REQUEST FOR PLAT APPROVAT.. The Developer has asked the City to approve a p)at for "K�v�'YRE TIVO"(referred to in this Contract as the"Plat"). Tiie land to be subdivided by the PIAt . (the "I.and") is situated in the City of Orono, County of Hennepin, State of Minnesota, und is tegally � described on ti�e at#ached Eulzibit"A". � 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on . � condition that the Deveiaper enter into this Contract and furn'rsh the securi#y rec}uired by it. The City will ' cause the Plat to be duly recorded in the office of the County Recorder in and for Hennepin County, Minnesota, promptly after compliance by the Developer with atl conditions precedent to siich recording � . pursuant"to this Contract,�vhich conditions precedent the Developer shnll cause to be satisfied within T 80 � days after the City Counci3 approves the fmal Plat. � • �ix'J�1S - �D �I5�-'7�. . 152891 v03 1 ORONO:Katrr�Two S.�Usrn:t07l23/2010 {Andrnde Land Compauiy 1 MncKinnon) y i .' , • . ' ' , . ' 3. RIGHT TO PRQCEED. Within fhe Land,the Developer may nat grade or othenvise disturh tl�e earth, remove trees,construct streets,utilities, public or private improvements, or uny buildings unti! all the foltowing conditiotts have been satisfied: 1) this Corttract has been fully executed by both parties and fifed with the City Cferk, 2)the necessary"security"(defined Uelow)hus been received by the � City, and 3)the Plat has been duly recorded in the offce of said Hennepin Co�aty Recorder.• . ' � • 4. PHASED DEV�LOPMENT. I*IiA . 5. PR�LIMINARY PLAT STATUS, N/A . 6. CHANGES T�li ' OFFICIAL CONTROLS. For hvo(2)years from the dute of this Contruct, no amendment to the City's Comprehensive Plan, or official controls shali apply to or a#fect the use, development density, tot s'sze, lot layout or dedications of ihe Land untess required by state or federal la�v or agreed to in �vrifing by the City and tite Developer. Thereafter, notwithstanding anything in this � � Contract to the contrary,to the fult extent permitted by state law,the City may require eompliance with any ' amendments to fhe City's Comprehensive Plan,official controls,platting or dedication requiretnents enacted, after the date of U�is Contract with respect to property which did not receive fusal plat approval prior ta any such amendmenf. ' ' • ' ' 7. . DEVELOPII�IENT PLANS. The Plat shall be devaloped in accordance with the foIlowing plans(coltectively, the"Pluns"). The P}Ans shall not be attached to this Contract. The erosion . control pinn may also be approved by Hennepin County Environmental Services and Niinnehaha Creek Wxtershed District.� If tlze Pl1ns vary from fhe terms of this Contract, the terms of this Contract shall control.The Plans are: ' Plan A-P[at Plan B-Final Grading,Development,Erosion Control Plan,and Storm 1�Vater Pollution Prevention Plan Plan C-PEans aad Specifications for Pubiic and 1'rivate Improvements Plan D-Eco)ogical Restoration and ViAnagement Progam � � . . Plan E-Landscape Plan 8. �NIPR�VElYfENTS. •The Developer shall install and pay for the fotfowing as required . to be built in accordance with the appraved Plans(the"Improvements"): t52$41 v03 2 ORONO:KnsrYxe Two S1�LWsrn:r071232810 (Andrade Land Company/MacKinnon) ' A. Site Grading,Ponding,and Erosion Control . B. Setting of Iron Monuments C. Surveying and Staking . � D. Private Roadway ' E. Traffio Contral Signs and Street Signs . , • F. ' Underground Utilities � ' . . • i . . G. Storinwater Quality Pond� . � The Improvements shalI be installed in accordance tvith the City subdivision ordinance; City standard sgecifications for utilities and street construction; and t�ny other ordinances inctuding those concerning erosion and drainage and any prohibiting grading; construction activity, and the use of potiver equipinent.. The Developer sltal] submit plans and specifications which have been prepared by a competent registered professionaf engineer to the City for appmvai by thc City Bngineer. The Deveioper shall utstruct its ' . en�ineer to provide.adequate field inspection personnel to assure an acceptable tevel of quality control. In addition, the City may, at the Cify's discretion and at ihe Developer's expense, have orie or more City inspectors and a soil engineer inspect the work as the City may reasonabty determine. The DeveEoper, iis . contractvrs and subcontractors, shall foltow a11 inshuctions received &om the City's inspectors. The Developer's engeneer shall provide for on-site project management. The beveioper's engineer is responseble � for design changes and contract administration beriveen the Developer and the Developer's contractor. The . . Developer or its engineer shal!scheduEe a pre-construction meeting at a mutually agreeable time at the City Coencil chambers,with all parties concerned, ineluding the Ciry staff, to review the program for the conshvction work. Within thir[y (30) days •a#ter the completion of the Improvemerits and before the , "security" is released, the Devetoper shutl suppiy the City with a complete set of reproducible "as constructed"Plans, and an electronic fcie of fhe"as constructed"Plans id ast au#o CAD file based upon the Hennepin County coordinate system,�Il prepared in accordance�vith City standards. � • 9. '� X�tON MON i �NTS. Tn accordance with Minnesota Statutes Seciion 505.02 and the . prono City Code,the final placement of iron monumenis for atl lot corners must be completed before the t 5289t v03 3 ORO�fO:1Cn�rrrnE Two SbL�Uscn:r07t23120)0 � (Andrade i.and Company J IviacTCinnon) • . 1 . . , � . , � , � . '. , , � : ,' � "security"is released. The Developer's surveyor shall submit a written notice to the City certifying fhat the . . monuments have been installed. . • 10. PERD�IITS. The Dcveloper shatl obtain or require its contractors and subcontractors to obtain a11 necessary parmits, inoluding but not limited to the following to the e.rtent required: � ' • DNR;For Dewatering � ' • City of Orono for Building Permits � � Nlinnehaha Creek Watershed District for erosion control permit and stocm water � r�aanagement permii �' NPDES Permits {ldational Pollutant Discharge Elimination Systems) issued by MPCA 11. DEWATERPIG. Due to the variable nature-of gronadwater levels and stormwater- � flows, it will be the Developer's and the Developer's contmctors' and subcontractors' responsibility to .satisfy themselves with regard to the elavation of groundwater in the ureu and the teveI of effor#needed to perform dewatering and storm flo�v routing operations. At1 de�vatering'shall be in accordance �vith aIi , , appficable county, state, and federal rules and regulations. DNR regulations regarding appropriations . � permits shalt also be strictly followed, • 12. T 1 � OF PERFORMANCE. The Developer shAi1 instAl! all Improvements as ' � �� • , , • � contemplated by Seation 8 and the approved Plans by Navember 30,201U,with the e,cception of the ftnal wear course of asphalt on streets. The final wear course on streets shall be installed beriveen August i5th t�nd September l Sth the first summer a$er the base tayer of asphalt has been in place one freeze thuw cycle. The Developer may,hawever,request an extension of time from the City. If an extension is gran#ed, it shall be conditioned upon updatirig the "security" fo reflect cost increases and the extended completion date. Final �vear course placement must have the written approvaE of the City Engineer, and muy be delayed or scheduled at any rime of the year based upon existing site conditions at the discretion of the Ciry Engineer. 13. LICENSE. The Deveioper hereby grtsnts the City, its agents, employees, officers and contractors a licease to enter t6e Land to perform all work and inspections desmed appropriate by the City in conjunetion with development of the Land. . 152S91v03 � 4 QRONO:Knar�Two S�L�Usrn:r07/23/2010 (rindrade Larid Company/MacKinnon) , . i � . •' ' ' r ,' 14. �ROSION CO�ITR4L. Prior to initiating site grading, the storm water pollution prevention plan,a��d the erosion contral plaa,Plan B,shell be implemented by the Developer and inspected and approved by the City. 'The City may impose additionat erosion control requirements if reasonably , . required. Al[areas disturbed by escavation and bac[cfiliir�g operations shall be reseeded within five(5)days ' after the completion of the work, �veather permitting, or in an area that is inactive for more than ten (10) days untess authorized and approved by the City Engineer: Except as othenvise provided in the.erosion . control plan, seed shatl be in eccordance with the City`s current seeding specification which may include ' certified oat seed #o provide a temporary ground c�ver as rapidly as possible. All seeded areas shall be fertilized, muiched, and disc anchored as necessary for seed retention.The parties recognize that time is of the essence in controlling erosion. If the Deveioper does not comply with the erosion control plun and schedu(e or supptementary instructions received from the City, the City may tuke s��ch action as it deems , appropriate to contro!erosion. The City will endeavor to no�ify the Develope�in advance of any praposed , • action, but failure of the City to do so wi11.not affect the Dsveloper's and City's rights or obiigations ' hereunder. If ihe Developer daes 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 developmeni, utiiity or street construction will be alfowed and no building permits will be issved unless the T and is in ful4 compliance with the approved erosion control plan. � , 15. GRADING PLAN. The Land shall be graded in accordance with the approved gmding development and erosion control plan, Plan"B". The plun sha11 conform to City of Orano specifications. Within thirty (30} days after completion of the grading and before the City approves individuAl building pern�its the Devcloper shall provide the City with an"as constructed"grading plan certified by a registered land surveyor or engineer that all ponds, s.vales, and ditches for public drainage have been constructed on . public easements or lund owned by the Gity. Nohvithstanding the foregoing, the City may issue building germits to the Developer,prior to completion of all gading,provided the City Engitieer has determined that � adequate erosion contml measures are in place. The "as constructed" plan shall inciude fietd verified � t 52891 v03 5 ORONO:Karnree Two SN4vUsrn:r0712312010 • . (Andradc Land Company/MacKinnon) � , , , ; . . � � elevations of the fa[lowing: a} cross sectians of ponds; b) location�and elevations along all swales, . wetlands,wetiand mitigation areas ef any,and ditches,locations and dimensions of borrow areas/stockpiles, and installed"conservation area"posts;and c)lot corner efevations,and house pads. The Ciiy will withhold issuance of build'utg permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as deterrnined by the City Engineer. 16. CLEAN UP, The Developer shall clean dirt and debris from slreets that lias resulted firom constraction work by the Developer, builders, subcontractors, their agents or assigns. Prior to any construction on the Land, the Developer shall icientify in writing a responsible parly and schedute for erosion conirol,street cleaning,und street sweeping. 17. CON'STRUCTION AND MAI�ITENANCE OF I�ViPROVEMENTS. Developer shall enter into and executc a Privata Road Easament and Maintenance beclaration. Upon completion of the improvements,the Citysha!!inspect the Improvements and notify Devetoper if any of thc Improvements do not conform to the requirements of this Coniract. . 18. CITY ENGIN�ERING ADlYIIMSTRATIOIY AND CONSTRUCTION ' OBSERVATION; The Developer shall pay a fee�for engineering administration. City engineering ' � administraEion wilI include monitoring of constnzetion observatioo, consultation with Developer and its ' engineer on status or problems regarding the project, coordination for final inspection and acceptitrtce, project monitorirtg during the tivarranty period, and processing nf requests for reduetion in the"security." • Fees for this service shalt be at standard hourly rates and shAll be billed monfhly. If the Develaper does not pay the fees in a timely manner,the City may drnw down the"security"to pay the fees. i9. CLA.�MS. In the event thaf the City receives claims from labor, materiai,or others ihat • ivork required by this Contract has been performed,the sums due them have not been paid,xnd the laborers, materiaf, or others are seeking puyment from the City, the Developer ltereby aatfiorizes the City to commence an interpleader action ptusuant to Rule 22,Minnesota Rales of Civil Procedure for tha Dis[rict � Courts,to dra�v upon the"securit�'in an amount up to t25 percent of the claim(s}and deposit the funds in ' E 52891 v03 . b ' ORONO:K�r�e Two � SHGi�f/sm:r0723/2014 (Mdrnde Land Company/MacKinnon) � , � � . a " compliance with the Rute, and upon sucit deposit, t�te Deveioper shall release, discharge, aud dismiss the City from sny further proceedings as it pertains to the funds deposited�vith the District Court, except that • the Court shall retain jurisdiction to determine attorneys'fees pursuant to this Contract. � 20. STOR1y1 Wr�TEIt AND ARAINACCE TRIJNK FEE. The�.and is subject to the standard.Storm Water and Dcainage Trunk Fee of$3,33Q.00 per ucre calcuiated as follows: � � $3,330.OQ s 1 b.7 acres = $55,611.00 The storm water and drainage trunk fee of$55,611.00 must be p�sid in cash At the time of final plat approval. � 21. PARK DEDICATTON FE�. The Lar�d is subject.to the standard Park.Dedication Fea requ'srement for tfte City of Orono. Because the vaiue of each newly creafed lot in the Plat will be in i excess of the threshoid vaiue of$69,375.OU;the eight percent(8%)park fee cap of$5,500.00 per lot will apply;therefore,the Park Dedication Fee is calculated as follows: � ' 6 lots x $5,550.00 per(ot = 533,30Q.00 Ti�e park�dedication fee af$33,300.00 must be paid in cash at the time of final p1At approval. 22. Y,ANDSCAPIIVG. �All (andscaping shal) be�instgiled in accorda��ce with the approved iandscape p(an. 23. SPECIAL PROVISIONS.The foltowing speci�l provisions s)talt apply to development of ti�e Land: � A. Implementation of and adherence to the findings and conditions tisted in Resolution No. 5421 rlpproving the Preiiminary Plat for Property Located at 3500'4Vatertotivn Road, File . � No.OS-3152,adopted by the Orono City Council on February 13,2006.. � � B. ConsecvAfion easements for the protection of wetlands, wet3and buffer areas steep.sEopes, woodiancls and open spaces must be established o�er'all of Outlot B and over portions of � Lots 1, 2 and 3, Blocfc 2. Before the City signs t8e Plat, the Developer,shal] provide tha City �vith an . appropriately executed Gr�nt of Permanent Fto�vage and Conservation Easement and Restrictive� � 15289!v03 • 7 ORONO:ICn�rr�71afo S�IlWsrn:r07rL3l2010 (Mdrade Land Company,/MacKinnon) , . 1 , � Covenant far Wetland and tiVetland Buffer(the"Conservation Easement"),in recordable form,specifying the proposed conditions and limitations to be placed on the specific areas noted above. The easement • ' shnll incarporate as a minimum #he foliowing elements: no structures ullowed, no fences, no domestic � animals{i.e. no horses, sheep,chickens, etc.),no tree or vegetAtion removal escept by special permit for • maintenance or as part of an approved vegetation management pian, no excavating or earth movement. Creation and maintenance o£non-hardcover walking paths may be allowed. With respect to pratecfion of , the wooded steep slopes on Lofs l, 2 and'3, Block 2, special conditions shAII aiso be established for limiting the heights,design and materials of retaining walis. Permanent m�rkers of u dessgn and material acceptable to the City P}anning Director shAil be placad nt a11 points where the conservation easement intersects a lot boundary or �vhere the easemenf boundary line chunges direction. The recording of the Piaf and the Conservafion Easement shal! be conclusive evidence of the satisfaction. of this special provi$ion. r � C. Befare tha City signs the final Plut, the Developer shstll submit an Ecolagical Restoration and �ianagement Program developed isy a qualified ecologist, for City acceptance. Such � - . I Program,as approvgd by the City,shal!be im�plemented and adhered to as if incocporated herein. * � D. . Fina) Plat approval is sabject, to Minuehnha Creek Watershed District ("IvICWD") approvul and permits as required. The City will not.record the Plat until the MC�VD has approved the starmwater management plans and the Devefoper has provided evidence that all required MCWD permits have been obtained. ' E. The Developer�shatl estabEish a homeowners association provic4ing that t6e homeowners association wi11 ba responsible for a!I future maintenance of tiie stormwater ponds, private ' roadway and other facilities within tl�e Land. ' F. The Developer shall create and construct a private road on the Land to provide access to tiVatertown Road. Before the City signs the Plat, the DevelQper shalt provide the City�vith an . � � appropriately executed perntanent road, drainage, and utiiities easement, in recordabla form,.over the . Outiot C containing the private roRd. The homeo�vners association covenants shall provide that the � . 152891 v03 g ORONO:K�r�rr�Two SNL�f/sm:r07J23l2010 ' {Mdrade Land Company/hlacKinnon) / . ,� private road will be maintained to reasonable standards at alI times by the homeowners association and that failure of the homeowners association to so mnintain the private road will be cause for the City to , accomplish the needed maintenance and to assess the benefited properties for the direct cost af such � maintenance. Before the City signs ihe Pfat,the Developer shail also provide a separnte"Declaration of . Private Covenants,Conditions,Restrictions and Private Roadway Easement:'(Such document shall allow for the extension of the road to tl�e property to the north at#he cost of the Developer of said property,and � . ' • . allow the future owners of the progerty to the north access to Waterta�vn Road via fhe private mad,at no . c�st save for sharing of maintenunce of sAid private road. The private road shall be conshvcted to a 24- foot paved �vidth curb-face to curb-face. The private road may be designed to preserve existing vegetation,subject to tl�e approvai af the Ciry Engineer.] . G. Ati lots iiave been Eested and found capable of providing suitable primnry and � . alternate sites for on-site se�vage treatment system�. For all lots, mound systems will be required. On � ' s • ' Lots 1, 2 and 3, Block 1 and Lot 2, Blocic 2, treatment sites are relatively near the }iroposed house ' � locations, and may limit the iocation or extent of potential future amenities. Special precautions, including but not limited to protective covenants as well as physicat barriers during construction activity, � musi be taken to protect these sites on bo#h a short-term artd long-term basis, as municipal se�vers are not projected to be extended to serve the Land. Before the City signs the Plat,the D�veloper shalE furnish an ' appropriately executed De�laration of ltestricteve Covenant for Protection of Sewage Treatment Sites, in recordable form. . " � H. Ail of the proposed lots must contain suitable svea meeting al! cstablished setback requirements to�allow the construction of single famiiy residences. ' I. Accessory'structures may be placed on the proposed lots according to Ciry standards, with the fol7awing exceptions: For Lots 1, 2 and 3, Bloek l, no accessury s#ructure shal] be placed �vithin 20 feet of the boundary of any tested and approved sewage treafinent system sites; such sites and setback shal]be surveyed and located on a plat drawing to be fited in the chain of title�vith.each ' � property with a covenant speci�ically providing for preservation of sewage treahnent sites. . 152891 v03 • 9 OROTfO:KIIa'rYxe Two SkbIIvUsm:r07I23lZ410 (Andrade Land Company/Macl:innon) � , , � � J. The iot size for administering accessory stracture ordinances shal! be the Aciuu! , � contignous dry buildable lot area; for Lots 1, 2 and_3, Btock 2, the contiguous dry buildabie area contained within the Conservation Ensement shat!'be creditabfe for administering accessory structure •ordinances. � . K. Lots 1, 2 ancl 3,Block t ure less fhan 2.0 acres in area and shall be subject to the , lof coverage limitations of City�Zoning Code Section 78-1403. ' � . L. All areas delineAted as tiveflands as shown on the preliminary plat drawing shall , � � be subject to f.he standard Flowage and Conservation Easement, and shal!be subject to the wetiand buffer • requirements of the City Zor�ing Code. � NI. The Devetaper must obtain a sign parmit from t}►e City}3uitding Offcisi prior to it�stallation of any subdi�ision identification signs for tE�e Land. The City sign ordinance altows temporary subdivision identification signs on corner lots pro�ided the signs meet ttrea,height,and setback . requirements, and provided the Developer submits a $I,000.00 per sign security gunranteeing sign removal when the sabdivision is fully developed. . , . t N. Prior to City Council approval of the final Plat, the Developer shall furnish a � r • boundary survey of the Land-with all property comer n�onumeniation of the Land in place and marked with � lath And�flag. Any encroachments on or adjacent to the I.and shali be noted on the survey. The Developer shall past a$600.04 security(the"Ivlonament Security")for the fina!ptacement of interior subdivision iron • monuments at property corners aFid the placement of al! monuments pursuant to IQ66, The Monument I Security was calculated as folloivs: 6 lots at$100.00 per lot. Tha 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 certif cate of survey raust also include a certi�cation that al[ � � irans for a specific lot hsve either been found or set prior to the issuance of a building permi#for that tot. � � O. The Developer shall submit the fina! Plat in electronic format, The efectronic format shaii be Auto CAD file. The Developer shal[ a4so submit two comp(ete sets of the Plat on Myiar 152891 v03 • 1 p ORONO:Karrv,t�Two . S1�II�Usm:r07C23/2410 , (Andradc Land Compuny/NiacKinnon) r � � . � (one copy for the City's records and one copy for reeording witf� Hennepin County). The Developer shall atso provide one copy reduced to i"=200'. 2a. SL1lVLl�t�RX OF SECURITY REQUIRE�NTS. To guarantee campliance with . ' the terms of this Contrnct,payment of all professional fees, including engineering and legal incnrred by the . City, and payment of the costs of sil Improvements and conshuctian of all Improvements, the Deve}oper � shall furnish,the City �vith a letter af credit, in the form attached i�ereto(the "secarity"), fram a bank for ' t54% of the cost of the Improvements, inctucling any required landscaping. The amount of the security , shall be$378,3I 8.00. The btink shall be subject to the appro�al of the City Administrator, Tl�e City may draw dawn the security,upon five(5)busuiess days' prior tvritten notice to Developer, for any vioiation of ' the terms of thss Con4ract.Amounts dra�vn shall not exceed the amounts necessary to cure the default. If the Improvements are not completed at least ti�irty(30)days prior to fhe expiration of tke secnrity,the City may Aiso dra�v it do�m: If the security is drawn do�vn, the proceeds shall be used to cure the default. Upon � receipt of proaf satisfactory to the City that work has been completed and financial obIigations to the City • , have been satisfied, �vith City approval the security may be reduced from time to time by ninety percent ' , (90%)of the financial obligAtions that have been satisfigd. Ten percent(30%}of the amaunis�ertified by , the Developer's engineer, and approved by City's Engineer, si�ail be retained as security until all • Improvements have been completed, all finencial obtigations to the City satisfied, the required "as • constructed" Ptuns 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 u#il'sties and street • construction outIine procedures for security reductions. � 25. SUNIIi�1ARY OF CASH REQiTIREMENTS. T�e Deveioper shall enter into an . Escrow Agreement with the City. � • 26. WARRANTY. The DeveIoper warrants all Improvements against poor material and faulty workmanship. The warranry period for streets is one year. The warracsty period for underground utilities is rivo years and shall commence foilowing c�mpletion and acceptance by the City Council. The � • 152891v03 ll ORONO:ICu�rr�Two ' SIvLWsm:r07123t2410 {Andradc Land Company!MacKinnon) , . . � � one year warranty period on streets shall commence aRar the final wear oourse has been installed aad . acceQted by the City Council as documented in official City minutes. The Developer shal! post a maintenance bond, [et#er of credit or cash deposit{the "Maintenance Security") in an amount reasonably determined by the City�ngineer. The City Engineer shal(e:tamine the condition af the Improvements when determining the amount of the Nlaintenance Security. The City shall retain ten percent(1Q%)of the security ' until the M�intenance Security is furnislied the City or until the warranty parfod e:tpires, whichever fsrst occurs. The retainage may be used to pay for waaanty work.The City standard specifications for utilities and street construction identify the procedures for final acceptanee af streets and utilities. 27. RESI'ONSIBT�,YT'Y FOR COSTS. � A, Except as othenvise specif'ied herein,the beveloper shall pay all costs �curred by it or the City in conjunction ivith the development of ihe �.and, inc(uding but nat limited to T�ennepin � County Environmenta[ Services and Minnehaha Creek �Vatershed District charges, Iegal, planning, , engineering and inspectiott expenses incurred in connection with approval and acceptance of the Plut, the � preparation of this Contract, review of construction plans and documents, und al! costs and expenses incurred by,the City in monitoring apd inspecting devetopment of the Land, ?he City may draw on the letter of credit provided in pAragraph 24 to pay for any and t�ll cosis or exgenses not promptly reimbursed to � the City by the Developer. B. The Devetoper shap hold the City and its officers,employees,aad agents harruless &om claims made by itself and third parties for damages sustained or costs incurred resulting from PIAt approval and Jeve3opment of ttie Land. The Developer shali indemnify the City and its offecers,employees, and agents for all costs, damages, or expenses whict� the City may pay or incur 'tn consequence of such • claims,including attomeys'fees. • • C. �he Developer shall re'tmburse the City for reasonable costs incurred in the . F . . . enforcement of this Contract,inciuding engineering and attomeys'fees. � � D. The Developer shall pay, or cause to be peid when due, and in any event before any penalty is attached, alt special assessments referred to in this Contract. This is an obligation of the 152891 v03 • � 12 ORONO:Knzc�Two S\�f/srn:rQ7/2312010 (Andrade Land Com�any!MscKinnon) . . � � � � Devetoper and shall continue in full force and effect even if the Developer selts one or more lots,the Lund, •or any parEof it. • E. The Developer shali pay in fult all biils submitted to it by the City for obligations incurred under this Contract within thirty(30) days after receipt.Tf the bills are not paid on time, the City may halt deveEopment and construcrion of the Land unfil the bi11s are paid 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 specifll assessments referred to herein,other chat'ges as required by City ordinance or via other agencies for which City acts as agent may be imposed such us,but not limited to,setiver access charges("SAC"),City water access chazges and building permit fees. • 23, DEVELOPER'S DEFAULT. in the event of default by the Developer as to ariy of the work to be performed by it hereunder,the City may,at its option,perform the�vork and the Developer shald promptly reimburse the City for any expense incurred by the Ciiy, provided tha Developer, except in an . emergency as determined by tf►e City, is first given notice of die�vork in defauit,not less tl�an forty-eight� (48)hours in advanca. Tl�is 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. Wt�en the City does any suc�work,dte City may,in , addition to its other remedies, assess the cost in�vhote or in part against any portion of the Land owned by � the Developec or any successor in inierest to the Developer. � � � 29. NIISCELLANEOUS. . � A. The beveloper represents to the City that the Ptat complies with all city, county, ., state, and federAl laws and regulations, including but not tunited to: subdivision ordinances, zoning • ordinances, and environtnentul regulations.-If the City determines that the Plat does not comply, the City may, at its option,re£use to allow construction or development wark on the�Land until the Developer does comply.Upon the City's�demand,the Developer shall cease tivork until there is compliance. . B. Third parties shatl have no recourse against the City or Developer ujider this . Contract. " � � 152841v03 13 ORON�:Kua'EY�Two SNfl1Nsrn:rt}7l23/20t0 (Andrade Land Company/MacKinnon) � � . ' C. Breucfi of the terms of this Confract by the Developer shall be grounds for deniat of building germits,inciuding those for lots sold to third perties. . D. If any portion, section, subsection, sentence, ctat�se, paragraph, or phrase of this � ' Coniract is for any reason held invalid,sach decision shnll not affect the vulidity of the remaining port'tons of this Contrxct. , E. Overali site grading, property Iine swaies and one lift of asphalt sha9l be instailed' on ail streets prior to issuance of any bttitding permits. . P. .If huilding perniits are issued prior to the completion of aIl Improvements, the I?eveloper assumes ali liability and costs resulting in delays in completion of Tmprovements and damage to Improvemenfs cAused by the City, bevelopar, its contractors, subcontractors, material men, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on�eifher a � � temporary or permanent basis until the streets needed for access have been paved with at 3east one l�ft of bituminous surface and the utilities aze accepked by tha City Engineer in writing. � G. 'T�e action or inaction of the City shatl not canstitute a�vaiver or amendment to the �rovisions of this Contract.To be binding,amendments or waivers shpil be in writing, signed by the parties � « and approved by written reso(ution of the City Council. The City's failure to promptly take legr�l action to enforce this Contract shatl not be a waiver or releAse. � H. This Contract shall run with the Land ar�d rnay be recorded against the Land.The Devetoper covenants with the City,its successors and assigns,that the Developer is weU seized in fee title of the Land and/or has obtained consents to this Contruct, in the form attached hereto, from�all parties who . have an i.nterest in the Land; that there are no unrecorded interests in ttte Land;and thaE the Developer will . . i��demnify and hold the City harmiess for any breach of the foregoing covenants. , , I. Each right,�po�ver or recnedy herein coi�ferred upon the City is enmulative and in addition to every other ri,gt►t,power or remedy,express or implied,now or hereafter arising,avAilable to the City,at la�v or in equity,or under any other agreement,and each and every.right,power and remedy herein set forth or othenvise so existing may be exercised frotn tictie to time as often and in such order as•may be' 152891v03 ' ' 14 �RONO;Kn+r�xeTwo ' SbI14f/sm:rO7fz3120t0 {AndradeLnndCompany/MacKinnon) r ' deemed e�pedient 8y the City and shall not be a �vaiver af ti►e right to exercise at any time thereafter any , . ott►er right,po�ver or remedy. � J. The Developer may not assign this Contract without the written permission af the City Council. The Developer's ob[igations hereuuder s�al1 continue in full force ar►d effect e�en if the ' T�evetoper salls one or more lots in•the P1at,the Land,or any part of it. Upon reyuest,the City sha11 provide, � in recordable form,a release of aay lot in the Plat from this Development Contract if the City determines • that the terms and conditions of this Conk-act have been satisfied. ' K. Retaining walls that require a building permit sl�all be constructed in accordarece �vith plans and spccifications prepared hy a structwal or geotechnical engineer iicensed by the State of Minnesota.Following consfruction,a certification signed by the design engineer shal!be fled with the City � Engineer evidenoing that ti�e retaining tivall was constructed in accordance with the appraved ptans and � specifications.Al[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 reyuired to be built. � . L. Developer shall be responsibte for ensuring thAt a11 vacant lots compiy with the � . , � City's Code regarding nuisances. . 30. NOTICES. Required notices to the Deve(oper sha1� be in writing, and shaU be eithcr hand delivered to the Developer, its employees oc agents,or mailed to the beveloper by certified mail at the follocvir�g address: 201 E.T.ake Street, 1�Vayzata, MY 55391. 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 Ciry Hall, 2754 Kelley Parlavay, �rono, Minnesota � � 55356. Either party may chnnge.the address to which notiees ta such party thereaf�er shalt be given, by . providing to the other party noiiee of such change. . . . t 52891 v03 15 ORONO:K1�rvns Two STiLWsrn:r07123/2410 (Andrade Land Company/MacKinnon) . � 1 � cz�r�u oF oRoyo � . . :,r��,��.`;};.k �-,.r- �3v� (�✓�'k-rC.�.— � ��. .��i,�-�"'-',�:,, gY' ' f '�wv��t��`i�:;;�, . J es W.White,Mayor A�'�4! ►} •.�•r.. . T �� ::;� �a��;�.�..�a �1}1 f�;;�� . . .�N��.•`�w��1��+1�i'`'�s•, BY� � .�' '��;;i�i��\;��z� ;p �j �l+�;'.' T.inda S.Vee,City C1erk � `\ : �+ ' ,.� ,� i'�Y�f�'!�u� '}x4�� }y:j y� • , �/ � •� �i�` � :0 � ,l,) � i. • j'�% n � ` ,�,��il,':�./ ��,.::{.: '�' �t ��i`':;!t��rfl/�;.�',�;:;;'t • '��f .f ••....�• , � �i;: :ti;�; �<<1��``rY M��1� �`''{_. �'j�. '"��js``�1t\\\\� . ,��i�t�;' •y J, �K�•.. _ _ i �1�.�+ ,��:.7'�2. STATE OF MIN�IESOTA ) (ss. . , COUNTX OF H�NNBPTiV } , � � The foregoing instavment was acknow}edged before me this l7'� day of �'�( �cSt" 2010, by 3ames W. White and by•Liada S. Vee,respectively Ehe Mayor and City Clerk of e City of Orono, a Minnesota municipa! corporation, on belialf of the corporation and pursuant to the authority ' granted by its City Council. � . �� 3-�...2c.� � . NOTARY PUBLIC � . BARBARA G.SiLUS' • NOTARY PUBUC-MlNNE80TA �y��se�icn Expires Jan.3S,20t3 t 5289t v03 ' 16 ORONO:KwrYttE Two S�fl41/srn;r07/23/2Q10 (Mdrade Land Company/MacKinnon} � � n�cv�LorER: . � � . �ANDRADE LA1�tD CO . , � . � By � . � � , . ��c.s r�.—r' , . ,• •STATE OF�IINNESOTA ) � (ss. COUNTY OF 't� ) _.. .. _ _ _ ' . T e re orng instrument cvas acfcnowle d before me this � day of S'�' 2010, . by _��G,.�..�1�� __ thc ��I�1�1 of drade Land Company,a Mmnesotu corporntion,on behalf of the corporation. ��M � ' ��p�� NO Y PUBLTC � � � MOfAfI�PI�IlO-Yl�TA � 1y0onwlatoeB�kMii,�1.3016 , i . i ' � ' � ' � ' DTtAFTED BY: CAMPBELL KNi7TSON ' Professfonal�4ssociatlon • 317 Eagandate Office Ccnter , 1380 Corporate Center Curve • �agan,Minnesota SSl2l � Telephone: (b5!)452-5000 ' 5IviM:sm 1 i2891 v03 , 17 ORONO:ICnarrna Two . • SMivUsm;i07/232010 (Andrade Lund Company!MacKinnon) � . r ., . � , - �XHIBIT "A" � TO D�VELOPN.[ENT CONTRA,CT � LEGAL DESCRIP'X'ION qF PROPERTY BEIiVG PLATTED AS KINTYRL�VO OutiOt A,i{i��rrn�; . ALSO � . The North 100.OQ feet of the following described property: • � Purce!A _ __ _. The West 325 feet of that pt�rt of the Southwest Quarter of Ehe Southeast Quarter o� , Section 32,Township 118 North,Range 23�Vest of the Sth Principal lvfeddian,described as follows: Beginning at the intersection of the East Iine of said Southwest Quarter of the Soufheast Qaarter and the centeriine af the Iviinneapolis-Watertown Road;thence North al�ng said East line of the Southwest Quarter of the Southeast Qutirter 967 feet to the . North line of said Southwest Quarter of the Southeast Quarter;thence westerly along said . North line of the Southwest Quarter of the Southeast Quarter 1048 feet more or less to a . point 297 feet East of the northwest corner of said Sou#hwest Quarter of the Southeast Quarter;thence South parallel with the West line of said Southwest Quarter of the Southeast Quarter 81 Q.7 feet more or less to the centerline of:said MinneApoIis- ' . VlJatertown Road; thence Southeasterly along the centerline of said road to the point of , beginning,EXCEPT the North 443.5 feet of�aid West 325 f�et. , � i ALS�that part of the above described Parcel A which lies southeasterly of the following ! described line: � . Commencing at the poinE where the southerly segment of the westerly line of Outlot�, � KINTYTLE, intersects the nor#herly right-of-way line of Watertown Road;tlience on gn , � assumed�beuring of North 0 degrees 42 minutes 30 seconds West along said southerly - segment a d'sstance of 140.00 feet to the point of beginning af the tine being described; • thence South 17 degrees 50 minutes West to the centerline of said Watertown Road,and . said line there ending. � All situated in the County of�Iennepin,State of Minneso#a. �AI3STRACT l'ROPERTYJ � . � � , 152891 v03 J$ ORONO:ICrxrrnsTwo SMM/srri:r07/23I2a10 (Mdradc Land Company/MacKinrton) i � � , � � . ., � � FEE OWNER CONSENT � TQ . DEVELOPiYIENT CONTRACT CaTt�aR�rrE A.MacK»No�v and spause ,if xny;J�r��s D. ' M.acKi�vNort a�vn Pan•�ELa A. NL+►cKi�trtoN, husband and wife; and LEONAxn D. MacI{i�n�or� and spouse , if any; fee owners of all or parf of the subject property, the deve[opntent of��hich is governed by the foregoing Development Contract,affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject}�roperty owned 6y them. Dated this I D day of �u�us I" ,2010. • ' � � 1�'{'ts.c�.�.{ �. L� 1tJ�- +��.J�.. C.ITHARINE A.l�IACK{�(i�fON .TA ES D.IVIAC Itv ON � � , ��i�� D7i� � PA,�s��,a A.�IaCKtrtrtor� ONARD D. ACKI� NOW ' � t STATE OF CALIFORNIA ) . {ss. courr rY o� a Cd ) The foregoing instrument was acicnowledged befo e me this 10 day of I¢v uS �" 2010,by CAT�tARi�lE A.NIACK1NNOv and spouse ,i ar2y. VALENi1N0 fORN8803 �. � �. � Comrr►leeton� 176 Noiary PubUo•catiNornta � NOTARY PUBLIC � " San Moteo CountY �r,p�R EQol�ea9ep 16.2011 t 52891 va4 E 9 ORONQ:Knar�Two S�+fMhm:r08/0912010 (Andrstdc Land Compuny/�EncKinnfln) � � � . , . . . � � ' . . STATE OF MINN�SOTA ) {ss. COUNTY OF �� ~� ) The foregoing instrument was acknowiedged before me this �a�'' day of ti.SC , . 2010,by JAMeS D.MAcKnvtvo�t A�v�P�MEt,�A.MACICi�mo�t,husband and wife. JOHN A ROSS NOTARY BLIC �T��,�n,�2016 STAT�OF MI�fNESOTA j • (ss. ' COUNTY OF�,n� ) , The foregoing instrument was acknawledged before me this 1a" day of � , � 2010,by L�ot�Ax�D.MAcKtr��oN and spouse , if any. �� JOHN A ROSS NOTARY BLIC wow3vPtreuc•u�wesar� , �N�n E�IresJan31,20ib - DRA�'t'ED SY: C�IMPBELL KNU'fSON Professioncrl AssocJation 317 Eagandaie Otf"ica Center )380 Corporate Center Curve Eagan,M innesola 55121 (651)Q52-S006 SM�+i:sm . i 52891 v04 24 ORONO:K�rvRs Two SNEPvi/srn:r08/09C20!0 (Andrade Lnnd Company/�tacKinnon) , , , . � . . � . � ' � �VOCABLE LETTER OF�CREDYT • � No. Date: TO: City of Orono� ' 2750 Kelley Parkway ' Orono,.hiinnesota 55356 ' Dear Sir or Madam: �. We hereby issue, for the account of and in your favor, our •3rrevocoble Letter of Credit in the vttoant of$ ,available to you by yaur draft drawn on sight on , the underslgned bank. } The draft must: ' ' a)Bear the clause, "Drativn under Letter of Credit No. , dated , 2 , of 1�lame of�3ank) "; b)Be accompanied by'an Affidavit signed by the Mayor or City Administrator of the City of Orono certifying that is in default of the Devetopment Cantract with the City af Orono and that five (S) business days prior written notice has been given by the City to the Developer �vith . respect to the existence of suc�default,and such default has not been cured. , c)Be presented for payment at lAddress of Bank�_on or before 4:00 p.m.on Nuvember 30, 2 - This Letter of Credit shall automaticaliy renew for successive onc-yeur terms vnless,at ieast forty-five {45�days prior to ihe next annual renewal date{which shall be November 30 of each year), the Bank detivers written notica to the Orono City Administraior that it intends to modify the terms of, or cancet, this Letter of Credit Wriften notice is effective if sent tzy certified mAil, postage prepa.icl, and deposited in tt►e U.S. �iAit, at � least forty-five(45)days prior to the next annual renewal date addressed as follo�vs: Orono City Administrator, Orono City Hal1, 2750 Keltey Parkway, Orono, Minnesota 55356, and is actuaily received by the City Administrator at least thirty(30)dAys prior to the reaewal date, , This Letter of Credit sets forth in full our understanding which shafl not in any way be modified, amended,ampiified,or timited by reference to any doetiment,instrument,or agreement,whether or not referred . to hereio.This Letter of Credit is not assignAble.This is aot a Notation Lener of Credit.More than one draw may . be made onder this Letter of Credit. This.Letter of Credit shall be govemed by the most recent revision of the Uniform Custams and Practice for pocumentary Credits, lnfem�tional Chamber of Commerce Pubtication No. 500. This agreement shAll be construed and interpreted under Minnesota Law: We hereby agres that a draft drawn under and ln compliance with this Letter of Credit shall be duly � honored upon presantation. • � � B Y: � . . Its t 52891 vd3 21 OR�NO:IC�r�T�Two StvltvUsrn:r07/23I2Q10 (Andrade Land Company/IvtacKinnonj � ' ' ' - , . , . . ,. . CERTIF�CATE OF INSURANC� LIABILITY & �'URKERS' COMPEN'SATION This certi�cate is issued as a matter of inforntation oniy And confers no rights ttpon the certiftcate holder. This . certi6cate does not amcnd,extend os alter the coverage afforded by the policies listed below. ' . • PRQJECT: • CERTIFfCATE HOLDER&ADbITTONAL ZIVSURED: City of Orono � , ADDRESS: 2750 Kelley Parinvuy . . � Oroao,Minnesota 55356 • ARCH/ENGR: 1NSURED: ADDRESS: AGENT:' • ADDRESS: � . � ' , - W�RK�RS'COMP�NSATTON COVERAGE , POLICY# EFl�'�CTIVE DATE / / EXf'TRATION DATE / / INSURANCE COMPANY: � � • 4 COVERAGE-Wartcers'Compensation,Stahitory.Empioyers'Liability Limit � �ach Acaident $ Disease Policy Limit $ Disease Employee Limit (5500,000 Policy limit applics to both accident end disease} ' , . ' . . i ' GENERAL I,iABTLITY POLJCY# EFFBCTIVE Dr1TB / / �:�IRATION DATE / / INSURANCfi C01viPANY: . . ( )Clflims Mude ( }Occarrence ( }O�vrter's�Yc Coniractors Pratective ( )Other LIi�fITS: ' General Aggregate Limit(Other'fban Products-Completed Operations) $ • Products•Completed Operations AggregattLimit . S . Parsonal&Advertising Tnjury Limit � � � Each Occurrence $ • 152891 v03 22 ORONO;Krtrr�'ilvo SMM/sm:r07/23/2QI4 (Mdrade Land Company I MacKinnon) ,