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Doc No A10124671
Certified, filed and/or recorded on
Oct 8, 2014 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McMormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 96 Pkg ID 1161311C
Doc Name: Development Agreement
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document
(reserved for recording information)
DEVELOPMENT CONTRACT
And
RESIDENTIAL PLANNED UNIT DEVELOPMENT
AGREEMENT
(Developer Installed Improvements)
Oliver Hill
Project Number 13-3637/14-3685
PUD NO. 8
AGREEMENT (this "Contract") dated effective the day of Serfahaile2.014 (the "Effective
Date"), by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and THE
BROADWAY GROUP,LLC.,a Minnesota limited liability company("Developer").
1. REQUEST FOR DEVELOPMENT AND RESIDENTIAL PLANNED UNIT
DEVELOPMENT APPROVAL. The Developer has asked the City to approve a development and residential
planned unit development agreement for OLIVER HILL,PROJECT NO. 13-3637/14-3685(referred to in this Contract
as the"Development/RPUDA/PUD#8"). The land is situated in the County of Hennepin, State of Minnesota,and is
legally described on the attached Exhibit"A".
2. CONDITIONS OF DEVELOPMENT AND RESIDENTIAL PLANNED UNIT
DEVELOPMENT APPROVAL. The City hereby approves the Development/RPUDA/PUD #8 on condition that
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the Developer enter into this Contract,furnish the security required by it,after which the City will record this Contract
with the County Recorder or Registrar of Titles within 100 days after the City Council approves the
Development/RPUDA/PUD#8.
3. RIGHT TO PROCEED. Within the Development/RPUDA/PUD#8 ,the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private
improvements,or any buildings until all the following conditions have been satisfied: 1)this Contract has been fully
executed by both parties and filed with the City Clerk,2)the necessary security has been received by the City,and 3)
this Contract has been filed with the Hennepin County Recorder/Registrar of Titles Office.
4. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development
density, lot size, lot layout or dedications of the approved Development/RPUDA/PUD #8 unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this
Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting, subdivision or dedication requirements
enacted after the date of this Contract.
5. DEVELOPMENT PLANS. The Development/RPUDA/PUD#8 shall be developed in accordance
with the following plans. The plans shall not be attached to this Contract. The erosion control plan may also be
approved by the Minnehaha Creek Watershed District If the plans vary from the written terms of this Contract,the
written terms shall control. The plans are:
Sheet 1 of 6-Cover Sheet(dated 03/14/2014)
Sheet 2 of 6-Street&Utility Plan&Profile(dated 03/14/2014)
Sheet 3 of 6-Demolition&Removal Plan(dated 03/14/2014)
Sheet 4 of 6-Grading Plan(dated 03/14/2014)
Sheet 5 of 6-Storm Water Pollution Prevention Plan(SWPPP)(dated 03/14/2014)
Sheet 6 of 6-Details(dated 03/14/2014)
Landscaping Nan(dated 07/09/2014)
6. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer Lines and Connections
B. Private Storm Water Management System
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C. Private Road Construction,Including Signage&Striping
D. Surmountable Concrete Curb and Gutter
E. Site Grading and Erosion Control
F. Underground Utilities
G. Setting of Iron Monuments
H. Surveying and Staking
J. Wetland Buffers&Buffer Signage as required by MCWD
The improvements shall be installed in accordance with the City development ordinances;City standard specifications
for utility and street construction; and any other ordinances including the Chapter 79 of the City Code concerning
erosion and drainage and Chapter 58 prohibiting grading, construction activity, and the use of power equipment
between the hours of 8 o'clock p.m. and 7 o'clock a.m. on weekdays; and between the hours of 8 o'clock p.m. and 8
o'clock a.m. on weekends. The Developer shall submit plans and specifications which have been prepared by a
competent registered professional engineer to the City for approval by the City Engineer.The Developer shall instruct
its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent
that the Developer's engineer will be able to certify that the construction work meets the approved City standards
where applicable, or commonly accepted industry standards, as a condition of City acceptance. In addition,the City
may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer
inspect the work on a full or part-time. The Developer,its contractors and subcontractors,shall follow all instructions
received from the City's inspectors. The Developer's general contractor shall provide for on-site project management.
The Developer or his general contractor shall schedule a pre-construction meeting at a mutually agreeable time at the
City with all parties concerned, including the City staff, to review the program for the construction work. Within
thirty (30) days after the completion of the improvements and before the security is released, the Developer shall
supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as
constructed"plans in an AutoCAD.DWG file, all prepared in accordance with City standards, and should contain the
following information:
• all electronic info on Henn.Co.Coordinates
• as-built grading plan(contours,EOFs,ponds,swales,etc.)
• as-built street alignments,curb,gutter,edge of asphalt,etc.
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• as-built sign locations, utility locations (must have as-built points showing elevations, lengths,
etc.),tree locations,monument locations
• as-built building locations
• as-built pond contours,OHW,HWL,outlet structure locations,etc.
• as-built wetland delineations
• hard copies of signed as-builts (2 paper copies 22x34, 1 copy 22x34 Mylars, 1 copy 11x17, CD
with signed PDFs of Record Plans)
7. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all
necessary permits, including but not limited to:
• Grading and Land Alteration Permit(City)
• Utility Permit(City)
• Erosion Control permit(MCWD)
• MPCA Sewer Extension permit
8. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will
be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with
regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm
flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules
and regulations. DNR regulations regarding appropriations permits shall also be strictly followed.
9. TIME OF PERFORMANCE. The Developer shall install all required public and private
improvements within one year from the effective date of this Contract. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted
by the Developer to reflect cost increases and the extended completion date. Final wear course placement extensions
must have the written approval of the City Engineer.
10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Development/RPUDA/PUD #8 to perform all work and inspections deemed appropriate by the
City in conjunction with the development.
11. EROSION CONTROL. Prior to initiating site grading,the erosion control plan, as documented in
Sheet 4 of 6 - Grading Plan and Sheet 5 of 6 - SWPPP, shall be implemented by the Developer and inspected and
approved by the City or the Minnehaha Creek Watershed District. The City or Minnehaha Creek Watershed District
may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation
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and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is
inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise
provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which
may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the
essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City or the Minnehaha Creek Watershed District,the City may take such
action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations
hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten(10)
days,the City may draw down the letter of credit to pay any costs. No development,utility or street construction will
be allowed and no building permits or certificates of occupancy will be issued unless the Development/PRDA/PUD
#9 is in full compliance with the approved erosion control plan. Prior to final development approval by the Orono
City Council,the Developer shall provide a$5,000.00 security to guarantee compliance with the approved erosion
control plan. The security required in this paragraph shall be included within the"erosion control and engineering
oversight"escrow established within this Contract.
12. GRADING PLAN. The Development/RPUDA/PUD #8 shall be graded in accordance with the
approved Sheet 4 of 6-Grading Plan and Sheet 5 of 6-SWPPP subject to construction plan review comments from
the City Engineer. The plan shall conform to City of Orono specifications. Prior to the issuance of a certificate of
occupancy for any new residence,the Developer shall provide the City with an"as constructed"grading plan certified
by a registered land surveyor or engineer that all storm water treatment basins, swales, and ditches have been
constructed on public easements pursuant to the above referenced plans. The"as constructed"plan shall include field
verified elevations of the following: a) cross sections of storm water treatment basins; b) location and elevations
along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow
areas/stockpiles, and installed"conservation area"posts; and c)lot corner elevations and building pads, and all other
items listed in City Code Section 86-68 (3). The"as constructed" plan shall also contain the information previously
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set forth in Paragraph 6. The City will withhold issuance of a certificate of occupancy for any new residence until the
approved certified grading plan is on file with the City and all erosion control measures are in place as determined by
the City Engineer. The Developer certifies to the City that all lots with building footings placed on fill have been
monitored and constructed to meet or exceed FHA/HUD 79G specifications.
13. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer,builders, subcontractors,their agents or assigns. Prior to any construction in the
Development/RPUDA/PUD #8, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning,and street sweeping. The City may draw down on the letter of credit if the City is required to
clean the streets as a result of construction activity or failed erosion control.
14. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION.
The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring
of construction observation,consultation with Developer and his engineer on status or problems regarding the project,
coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of
requests for reduction in security. The Developer shall pay for construction observation performed by the City's
engineering staff or consulting engineer. Construction observation shall include part or full time inspection of
proposed public utilities.
15. STORMWATER MANAGEMENT. Stormwater management for the Development/
RPUDA/PUD#8 will be provided by decompacting and supplementing the onsite soils. Prior to final development
approval by the Orono City Council, the Developer must provide suitable evidence of Minnehaha Creek Watershed
District approval of the stormwater management plan.
16. STORM WATER AND DRAINAGE. Prior to final development approval by the Orono City
Council, the Developer must pay the standard storm water and drainage trunk fee for residential development per
the 2014 City Fee Schedule based on the rate for the single family residential 1/2-acre zone calculated as follows:
4.92 total acres x$5,765 per acre=$28,364.00
17. SEWER AND WATER. The Development/RPUDA/PUD #8 is within the MUSA. Municipal
sewer to serve the Development/RPUDA/PUD#8 is available to the property from the City of Orono,subject to the
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terms of the Glendale Cove Sewer and Water Service Agreement between the cities of Orono and Long Lake dated
July 1, 2011. The developer is responsible for all sewer connection charges that may be due to the City of Long
Lake. The Developer is responsible for installing the required sanitary sewer connections subject to approval by
the City Engineer. The City will inspect these systems during construction to ensure proper installation. City water
is not available to the property; each lot will be served by an individual well.
18. WETLAND AND WETLAND BUFFER AREAS. The Development/RPUDA/PUD#8 property
contains approximately 1.24 acres of wetland. The wetland area is subject to the standard City Permanent Flowage
and Conservation Easement and Restrictive Covenant for Wetland restrictions,and will be required to comply with
MCWD wetland buffer requirements which may include having wetland buffer markers installed. The Developer
must conform to the City's wetland and wetland buffer setback requirements within Municipal Code, Chapter 78,
Article XI Wetlands Protection.
19. SITE ACCESS, PARKING AND STREET/TRAFFIC/PARIING SIGNAGE. The proposed
plat includes seven (7) lots all of which will be served by a new private cul-de-sac road to be platted as an outlot
and to be constructed by the Developer to City standards,with minimum paved road width of 28 feet and minimum
cul-de-sac diameter of 80 feet. All 7 new lots will have driveways accessing the new road, and none shall have
direct driveway access to Willow Drive. Because this is considered an urban development,the City will ultimately
own and maintain the sanitary sewer lines. The Developer shall be responsible for all required traffic signage.
20. PARK DEDICATION AND TRAILS. The Developer shall pay the standard park dedication fee
in lieu of land dedication based on the value of eight percent (8%) of the fair market value of the land being
subdivided, but such fee must be between a minimum of$3,250.00 and a maximum of$5,550.00 per lot per Orono
2014 Fee Schedule. The established combined land market value of the properties being developed is$211,000 per
the Hennepin County Assessor. For the proposed seven(7)lots,the Park Fee will be based on six(6)new lots,the
existing home at 2350 Watertown Road being credited. Eight percent of$211,000 = $16,880; however, the park
fee minimum based on 6 new dwelling lots is $3,250 x 6=$19,500 The final Park Dedication Fee is $19,500.00
to be paid by the Developer upon fmal plat application. The Developer shall dedicate a 10' easement along the
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west property boundary along Willow Drive for future extension of the City's public trail system along Willow
Drive.The Developer will not be required to construct this trail extension.
21. CONSERVATION DESIGN AND TREE PRESERVATION. The Development/RPUDA/PUD
#8 is subject to the requirements of the Conservation Design Report prepared by Jacobson Environmental PLLC
dated October 31, 2013,which includes a tree survey,natural resources inventory and Conservation Design Master
Plan. The Developer shall adhere to the Conservation Design Master Plan recommendations with regard to
improvement and maintenance of the woodland areas northeast of the creek; however, no woodland preservation
easement will be required.
22. LANDSCAPING. The Developer shall provide a landscaping plan meeting all requirements of
the RPUD District, and addressing the elements of Conservation Design to the satisfaction of the City Council.
Final landscaping plans will be reviewed for conformity with the RPUD standards.
23. SPECIAL PROVISIONS. The following special provisions shall apply to the
Development/RPUDA/PUD#8:
A. Implementation of and adherence to the findings and conditions listed in Resolution No.
6368 Approving the General Concept Plan and Granting Preliminary Plat Approval for Property Located at and
Adjacent to 2350 Watertown Road(PINS#s 34-118-23 33 0058 and 34-118-23 33 0055)-
File No. 13-3637,adopted by the Orono City Council on February 24,2014.
B. Prior to final development approval by the Orono City Council, the Developer must
demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District
as administrator of the WCA regulations on the City's behalf are met, as well as all other Minnehaha Creek
Watershed District permit requirements.
C. Prior to final development approval by the Orono City Council,the Developer shall furnish
an appropriately executed Declaration of Covenants, Conditions, Easements and Restrictions for Private Road and
Stormwater Facilities ("Declaration for Private Road and Stormwater Facilities")dated as of the Effective Date of
this Contract and in recordable form, governing the matters contained therein, including maintenance, repair and
restoration of the road and stormwater facilities within the Land.
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D. Prior to final development approval by the Orono City Council, the Developer shall
provide in recordable form an appropriately executed Drainage and Utility Easements over areas identified on the
approved Grading Plan.
E. Prior to final development approval by the Orono City Council, the Developer shall
provide the City with an appropriately executed Permanent Flowage and Conservation Easement and Restrictive
Covenant for Wetlands document,in recordable form.
F. The Developer shall remove the existing principal building and any accessory structures
located within the Property. Removal of the principal and accessory buildings must occur as a condition to fmal
plat approval and prior to filing the plat with Hennepin County.
G. All of the proposed lots in the Development/RPUDA/PUD #8 Plat contain suitable area
meeting all established setback requirements to allow the construction of single family residences. Setback/yard
requirements shall be per the following table:
Oliver Hill-Individual Lot Standards
BLOCK 1 BLOCK 2
Standard Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 1 Lot 2
Front Setback 25' 25' 25' 25' 25' 25' 25'
Rear Setback 40' 40' 40' 40' 40' 35' 35'
Side Setback(Interior) 10' W=10' W=15' 10' N=10' 10' 10'
E=15' E=10'
Side Setback(Exterior) NA NA NA NA S=15' NA E=15'
Side Street Setback(Willow) 40' NA NA NA NA 40' NA
15%Maximum Lot Coverage 6,042 4,963 3,493 4,862 3,694 2,932 2,680
by Structures(s.f.)
Floor Area Ratio(FAR) Not Applicable
Wetland Setback 35' 35' 35' 35' 35' NA NA
H. By virtue of the RPUD zoning, all seven lots are subject to the Hardcover Protection Tier 4
hardcover limitation of 50% of the gross lot area.
L Approval is subject to the recommendations of the City Engineer in his comment letters
dated June 20,2014 and any forthcoming comments as may be warranted.
J. Prior to final development approval by the Orono City Council,the Developer shall furnish
an acceptable boundary survey of the Land with all property corner monumentation of the Land in place and marked
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with lath and a flag. The Developers land surveyor shall certify that all irons have been set following site grading and
utility and street construction. In addition,the certificate of survey for construction on each individual lot must also
include a certification that all irons for that specific lot have either been found or set prior to the issuance of a building
permit for that lot.
K. To the extent not covered by the City Engineering Administration Fee escrow per Section 24
below,the Developer shall pay to the City Engineer the amounts incurred for the preparation of record construction
drawings and City base map upgrading.
L. The Developer shall submit the final Plat in electronic format. The electronic format shall be
Auto CAD file. The Developer shall also submit two complete sets of the Plat on Mylar (one copy for the City's
records and one copy for recording with Hennepin County). The Developer shall also provide one copy reduced to 1"
=200'.
24. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this agreement,payment of the costs of all public and private improvements,and construction of all public and private
improvements,the Developer shall furnish the City with cash security in the amount of$167,790.00 which is 150%of
the improvement costs; plus a cash escrow of$8,000.00 for erosion control,City engineering administration and any
legal fees incurred by the City at the time of building permit. The amount of the security is calculated based on the
submitted Engineer's estimate for the Letter of Credit(attached hereto as Exhibit "B") and on the City Engineer's
estimate for the escrow.
PROJECT SECURITIES SUMMARY:
Cash Security $ 167,790.00
Erosion Control and Engineering Administration Escrow $ 8.000.00
TOTAL PROJECT SECURITIES $175,790.00
This breakdown is for historical reference; it is not a restriction on the use of the security. The City may draw down
the security for any uncured violation of the terms of this Contract. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the
security is drawn down,the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City
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that work has been completed and financial obligations to the City have been satisfied,with City approval the security
may be reduced from time to time by ninety percent(90%) of the financial obligations that have been satisfied. Ten
percent (10%) of the amounts certified by the Developer's general contractor shall be retained as security until all
improvements have been completed, all financial obligations to the City satisfied,the required "as constructed"plans
have been received by the City,a warranty security is provided,and the public improvements are accepted by the City
Council. The City's standard specifications for utility and street construction outline procedures for security
reductions.
25. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to final development approval by the
Orono City Council:
Final Plat Application Fee $ 700.00
Park Dedication Fee $ 19,500.00
Storm Water and Drainage Trunk Fee $ 28364.00
TOTAL FEES DUE IN CASH $ 48,564.00
Erosion Control and Engineering Administration Escrow $ 8,000.00
TOTAL ESCROW DUE IN CASH* $ 8,000.00
*Any funds remaining in the Engineer's Escrow after all work by the City's Engineer is completed shall be
refunded to the Developer.
26. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant
to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The
warranty period for underground utilities is two years and shall commence following completion and acceptance by
City Council. The one year warranty period on streets shall commence after the final wear course has been installed
and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty-five percent
(25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the
security posted by the Developer until the maintenance bonds are furnished the City or until the warranty period
expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard
specifications for utility and street construction identify the procedures for final acceptance of streets and utilities.
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27. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the Development/RPUDA/PUD#8,including but not limited to Minnehaha Creek Watershed
District charges, City of Long Lake sewer connection charges, legal, planning, engineering and inspection expenses
incurred in connection with approval and acceptance of the Development/RPUDA/PUD #8, the preparation of this
Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring
and inspecting development.
B., The Developer shall hold the City and its officers, employees, and agents harmless from
claims made by third parties for damages sustained or costs incurred resulting from approval and development of the
Development/RPUDA/PUD#8.The Developer shall indemnify the City and its officers,employees,and agents for all
costs,damages,or expenses which the City may pay or incur in consequence of such claims,including attorneys'fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract,including engineering and attorneys'fees.
D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt
development and construction until the bills are paid in full. Bills not paid within thirty(30)days shall accrue interest
at the rate of eighteen percent(18%)per year.
E. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), and building
permit fees.
28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be
performed by it hereunder,the City may,at its option,perform the work and the Developer shall promptly reimburse
the City for any expense incurred by the City,provided the Developer, except in an emergency as determined by the
City, is first given notice of the work in default, not less than forty-eight (48)hours in advance. This 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
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land. When the City does any such work,the City may,in addition to its other remedies,assess the cost in whole or in
part.
29. MISCELLANEOUS.
A. If the City determines that the Development/RPUDA/PUD #9 does not comply with any
City, County, Metropolitan, State or Federal laws or regulations, the City may, at its option, refuse to allow
construction or development work in the Development/RPUDA/PUD#8 until the Developer does comply. Upon the
City's demand,the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits,including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause,paragraph, or phrase of this Contract is
for any reason held invalid,such decision shall not affect the validity of the remaining portion of this Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets
prior to issuance of any building permits.
F. If building permits are issued prior to the completion of all Improvements, the Developer
assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused
by the City,the Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No one
may occupy a building for which a building permit is issued on either a temporary or permanent basis until the Private
Road has been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in
writing.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this
Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property.
The Developer covenants with the City,its successors and assigns,that the Developer or an affiliate of Developer or a
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party acting on behalf of an affiliate of Developer will be well seized in fee title of the Development/RPUDA/PUD#8
property prior to issuance of the building permit and/or has obtained consents to this Contract, in the form attached
hereto, from all parties who have an interest in the property; that Developer knows of no unrecorded interests in the
Development/RPUDA/PUD #8 property; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
I. Developer shall take out and maintain or cause to be taken out and maintained until six(6)
months after the City has accepted the public improvements,public liability and property damage insurance covering
personal injury,including death,and claims for property damage which may arise out of Developer's work or the work
of its subcontractors or by one directly or indirectly employed by any of them.Limits for bodily injury and death shall
be not less than$500,000 for one person and$1,000,000 for each occurrence; limits for property damage shall be not
less than$200,000 for each occurrence; or a combination single limit policy of$1,000,000 or more.The City shall be
named as an additional insured on the policy on a primary and noncontributory basis,and the Developer shall file with
the City a certificate evidencing coverage prior to final development approval by the Orono City Council. The
certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the
insurance.
J. Each right,power or remedy herein conferred upon the City is cumulative and in addition to
every other right,power or remedy, express or implied,now or hereafter arising,available to City,at law or in equity,
or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as maybe deemed expedient by the City and shall not
be a waiver of the right to exercise at any time thereafter any other right,power or remedy.
K. Except as otherwise permitted herein,the Developer may not assign this Contract without the
written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells the Development/RPUDA/PUD#8 or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with plans
and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following
construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the
6/12/14;MPG 9/16/14 14 Orono/Oliver Hill/No. 13-3637 81.14-3685
176712v2
retaining wall was constructed in accordance with the approved plans and specifications.All retaining walls identified
on the development plans or by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
30. NOTICES. Required notices to the Developer shall be in writing,and shall be either hand delivered
to the Developer, its employees or agents,or mailed to the Developer by certified mail at the following address: 408
Parkers Lake Road,#112,Wayzata,Minnesota 55391.
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator at the
following address: 2750 Kelley Parkway,Long Lake,Minnesota 55356;or mailed to the City by certified mail in care
of the City Administrator at the following address: Orono City Hall,P.O.Box 66,Crystal Bay,Minnesota 55323.
Either party may change the address to which notices to such party thereafter shall be given,by providing to
the other party notice of such change.
[The remainder of this page has been intentionally left blank
Signature pages follow.]
6/12!14;MPG 9/16/14 15 Orono/Oliver Hill/No. 13-3637& 14-3685
176712v2
CITY:
CITY OF ORONO
B y. ,� .
jvzsz
'2; Lili Tod McMillan,Mayor
(SEAhj •C
• i • �
. L I, _.
essica Lo'$i y,a inistrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of 2014, by
Lill Tod McMillan and by Jessica Loftus, respectively the Mayor and City Admini ator of the CITY OF
ORONO,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted by
its City Council.
- �-�cli- is/-:--- a . 9xbutA0
„mow,,,,
.w>„ „r_ MONICAA.FADNESS NotaryPublic
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2017 0
1 � A
6/12/14;MPG 9/16/14 16 Orono/Oliver Hill/No. 13-3637&14-3685
176712v2
DEVELOPER:
THE BROADWAY GROUP,LLC
By AI.J 1
1.1 me 4616 0-U-- [print name]
Its /vl,jk,t..str--
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument� wase acknowledged before me this coo day of aka, 2014,
byt(U t G.yvi l� M ant t -1r of THE BROADWA GROUP,LLC, a
Minnesota limited liability company,on behalf of the limi d liability company.
a .
.44.4uk.co
" = Notary Public
e MONICAA.FADNESS
r i NOTARY PUBLIC-MINNESOTA
•
'�'h '`�hCommission Expires Jan.31,2017
DRAFTED BY:
CAMPBELL KNUTSON
Professional Assoclallon
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
(651)452-5000
SMMfjmo
6/12/14;MPG 9/16/14 17 Orono/Oliver Hill/No. 13-3637&14-3685
176712v2
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
AND
RESIDENTIAL PLANNED UNIT DEVELOPMENT AGREEMENT
William E.Martin and Patricia O.Martin,husband and wife,fee owners of part of the subject property,
the development of which is governed by the foregoing Development Contract and Residential Planned Unit
Development Agreement, 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 property owned by them.
Dated this day of, ,2014.
William E.Martin Patricia O.Martin
STATE OF MINNESOTA )
(ss.
COUNTY OF .l Et4 PI t{ )
The foregoing instrument was acknowledged before me this aq day of&pkr&btr, 2014, by
William E.Martin,husband of Patricia O.Martin..
/111/14,(1.4(..
1 Y,}V//� �t
L.6#(.. i
`; MONICAA.FADNESS
Notary Public
!r, _ NOTARY PUBLIC-MINNESOTA
=+;r� �My Commission Expires Jen.31,2017
- . I i
(ss.
COUNTY OF t46i ) PIAJ )
Pc
The foregoing instrument was acknowledged before me this c day of , 2014, by
Patricia O.Martin wife of William E.Martin.
Q .
.` MONICAA.FADNESS Notary Public
' :(,
NOTARY PtJBLIC MINNESOTA
\, 7144 My Commission Expires Jan.31,2017 i
D•�f a c
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
(651)452-5000
SMMrjmo
6/12/14;MPG 9/16/14 18 Orono/Oliver Hill/No. 13-3637& 14-3685
176712v2
EXHIBIT"A"
TO
DEVELOPMENT CONTRACT
AND
RESIDENTIAL PLANNED UNIT DEVELOPMENT AGREEMENT
Legal Description of Property
OLIVER HILL
(Abstract)
Lot 2, Block 1, HUNTERS GREEN,Hennepin County, Minnesota
and
Lot 2,Block 1,ULMER ESTATES,Hennepin County,Minnesota.
6/12/14;MPG 9/16/14 19 Orono/Oliver Hill/No. 13-3637&14-3685
176712v2