HomeMy WebLinkAboutSouthways Project # 18-3998 (reserued�or recordtn rnJormatton-
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SOUTIfWAYS
� PROJECT N0. 18-3998
This DEVELOPMENT CONTRACT ("Contract") dated J V N G �� 2 0I _
— _ {-_ >
2018, is by and between the CITY OF ORONO, a Minnesota municipal corporation("City");
and JAMES R JU1��T AND MARY JOANN JUNDT,husband and wife("Developer").
1. REQIJEST FOR PLAT APPROVAL. The Developer has asked the City to
approve a plat for "SovTKwAYs" (referred to in this Contract as the "Ptat"}. The land to be
subdivided by the Plat ("Land") is situated in the City of Orono, County of Hennepin, State of
Minnesota,and is legally described on the attached Exhibit A,
2. C�NDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on
condition that the Developer enter into this Contraci and furnish the security required 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 a11 conditions
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precedent to such recarding pursuant to this Contract, which conditions precedent the Developer
shall cause to be satisfied within 180 days after the City Council approves the final Plat.
3. RIGHT TO PROCEED. Within the Land, the Developer may not grade or
otherwise disturb the earth, construct sewer lines, water lines, streets, utilities, public or private
improvements until all the following condirions have been satisfied: 1)this Contract has been fully
executed by both parties and filed with the City Clerk, 2)the necessary"security"(defined below)
has been received by the City, and 3)the Plat has been duly recorded in the office of said County
Recorder.
4. PHASED DEVELOPMENT. N/A
5. PRELIMINARY PLAT STATUS. N/A
6. CIiANGES IN OFFICIAL CONTROLS. For two(2)years from the date of this
Contract, no amendment to the City's Comprehensive Plany or official controls shall apply to or
af�'ect the use, development density,lot size, lot layout or dedications of the Land unless required
by state or federal law or ageed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Contract to the contrary,to the fuil extent permitted by statc law,
the City may require compliance with any amendments to the City's Comprehensive Plan,official
controls,platting or dedication requirernents enacted after the date of this Contract with respect to
property which did not receive final plat approval prior to any such amendment.
7. DEVELOPMENT PLANS. The Land shall be developed in accordance with the
f�llowing plans (collectively,the"Plans"). The Plans shall not be attached to this Contract. The
erosion control plan may also be approved by Hennepin County Environmental Services and
Minnehaha Creek Watershed District. If the Plans vary from the terms of this Contract,the terms
of this Contract shall control.The Plans are:
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Plan A-Plat of Southways
Plan B-Grading, Drainage,and Erosion Control Plan
Plan C-Landscape Plan
Plan D-SWPPP Plan
Plan E-Conservation Design Report and Master Plan
Plan F-Tree Preservation Plan
Plan G-Street and Utility Plan
Plan H-Stormwater Maintenance Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following as
required to be built in accordance with the approved Plans(the"Improvements"):
A. Site Grading, Ponding, and Erosion Control
B. Setting of Iron Monuments
C. Surveying and Staking
D. Stormwater Management Facilities
E. Sanitary Sewer System
F. Streets
G. Concrete Curb and Gutter
H. Underground Utilities
I. Retaining Walls
The Improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utilities and street construction; and any other ordinances including
those concerning erosion and drainage and any prohibiting grading, construction activity, and the
use of power equipment. The Developer shall submit plans and specifications which have been
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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. 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 as the City may reasonably determine. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's inspectors. The Developer's engineer shall
provide for on-site project management. The Developer's engineer is responsible for design
changes and coniract administration between the Developer and the Developer's contractor. The
Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable rime
at the City Council chambers with all parties concerned, including the City staff, to review the
program for the conshuction 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 auto CAD file based upon the Hennepin County coordinate system, all prepared in
accordance with City standards. Developer will install any required sidewalks and trails just prior
to the installation of the final lift of asphalt.
9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.021
and the Orono City Code, the final placement of iron monuments for all lot corners must be
completed before the "security" is released. T'he Developer's surveyor shall submit a written
notice to the City certifying that the monuments have been installed.
10. PERMITS. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, including but not limited to the following to the
extent required:
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• Hennepin County for County Road Access and Wark in County Rights-of-
Way
• DNR for Dewatering
• City of Orono for Building Permits
• Minnehaha Creek Watershed District for erosion control permit and storm
water management permit
• NPDES Permits (National Pollutant Discharge Elimination Systems) issued
by MPCA
11. 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 a.nd 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.
12. TIME OF PERFORMANCE. The Developer shall install all Improvements as
contemplated by Section 8 and the approved Plans by December 31, 2019, with the exception of
the final wear course of asphalt on streets. The fmal wear course on streets shall be installed
between August 15th and September 15th the first summer after the base layer of asphalt has been
in place one freeze thaw cycle. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be condirioned upon updating the"security"to reflect
cost increases and the extended completion date. Final wear course placement must have the
written approval of the City Engineer, and may be delayed or scheduled at any time of the year
based upon existing site conditions at the discretion of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Land to perform all work and inspections deemed
appropriate by the City in conjunction with development of the Land.
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14. EROSION CONTROL. Prior to initiating site grading,the storm water pollution
prevention plan, and the erosion control plan shall be implemented by the Developer and
inspected and approved by the City. The City may impose additional erosion control requirements
if reasonably required. All areas disturbed by excavation and backfilling operations shall be
reseeded within five (5) days after the completion of the work, weather permitting, or in an area
that is inacrive for more than ten(10) 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, 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 acrion,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 "security" to pay any costs. No
development, utility or street conshuction will be allowed and no building permits will be issued
unless the Land is in full compliance with the approved erosion control plan.
15. GRADING PLAN. The Land shall be graded in accordance with the approved
grading, drainage, and erosion control plan, Plan "B". The plan shall conform to City of Orono
specifications. Within thirty (30) days after completion of the grading and before the City
approves individual building permits the Developer shall �provide the City with an "as
constructed" grading plan certified by a registered land surveyor or engineer that all ponds,
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swales, and ditches for public drainage have been constructed on public easements or land owned
by the City. Notwithstanding the foregoing,the City may issue building permits to the Developer,
prior to completion of all grading, provided the City Engineer has determined that adequate
erosion control measures are in place. The "as constructed" plan shall include field verified
elevations of the following: a) cross sections of ponds; b) location and elevations along all
swales, wetlands, wetland mitigation areas if any, and ditches, locations and dimensions of
borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations, and
house pads. The City will withhold issuance of building permits 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 house footings placed on
fill will have been monitored and constructed to meet or exceed FHA/HUD 79G specifications.
16. 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 on the Land, the Developer shall comply with all
recommendations of the City staff and City Engineer regarding site cleanup and restoration,
including but not limited to contaminated soil removal,junk and debris removal, etc. Also, prior
to any construction on the Land, the Developer shall identify in writing a responsible party and
schedule for erosion control, street cleaning,and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and
construction required by this Contract and final acceptance by the City, the improvements lying
within public easements shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION. The Developer shall pay a fee for engineering administration. City
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engineering administration will include monitoring of construction observation, consultation with
Developer and its 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 the "security." Fees for this service shall be at standard hourly rates.
These fees shall be billed monthly.
Contemporaneously with the execution of this Contract, the Developer shall deposit
$10,000 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to
reimburse the City for its cost in administering the escrow account. The purpose of the Escrow
is to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited
to, planning, engineering oversight, or legal consultant review) the City has incurred or will
incur related to the Development and for all out-of-pocket costs the City has incurred or will
incur to assure that the work is completed in accordance with the Stormwater Pollution
Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow may also be
used by the City to eliminate any hazardous conditions associated with the work and to repair
any damage to public property or infrastructure that is caused by the work associated with this
Contract, if compliance with the terms of this Contract are not accomplished. As the City
receives consultant bills for incurred costs, the City will in turn send a bill to the Developer.
The Developer shall be responsible for payment to the City within 30 days of the Developer's
receipt of bill. In the event that the Developer does not make payment to the City within the
timeframe outlined in this Section, the City may immediately draw from the escrow account
without further approval of the Developer to reimburse the City for eligible expenses the City
has incurred. If the bala.nce of the escrow account is insufficient to reunburse the City its costs
under this Section, the Developer will promptly reimburse the City any additional costs. If the
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eligible expenses incurred by the City exceed the amount in escrow and are not promptly
reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. The Balance on deposit in the
escrow, if any, shall be retumed to the Developer when the Development has been completed
a.nd written notification is received from the Developer requesting the funds.
19 STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to
the standard Storm Water and Drainage Trunk Fee for three new two-acre lots at $4,030.00 per
lot.
$4,030.00 per acre per lot x 31ots=(4,030 x 2 x 3)_$24,180.00
20. PARK DEDICATION FEE. The Land is subject to the standard Park
Dedication Fee requirement for the City of Orono. Because the value of each newly created lot
in the Plat will be in excess of the threshold value of$69,375.00, the eight percent (8%) park
fee cap of $5,550.00 per lot will apply; therefore, the Park Dedication Fee is calculated as
follows:
3 lots x$5,550.00 per lot = $16,650.00
21. LANDSCAPING. All landscaping shall be installed in accordance with the
approved landscape plan. Developer shall post a $69,277.00 landscaping security at the time of
fmal Plat approval to ensure that the landscaping is installed win accordance with the approved
Plan.
22. SPECIAL PROVISIONS. The following special provisions shall apply to
development of the Land:
A. Implementation of and adherence to the fmdings and conditions listed in
(1)Resolution No. 6835 approving the Preliminary Plat for Southways File No. 18-3998, adopted
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by the Orono City Council on February 26, 2018; and (2) Resolution No.�$� approving the
Final Plat for Southways, adopted by the Orono City Council on�9 � ,2018.
B. Final Plat approval is subject to Minnehaha Creek Watershed District
("MCWD") approval and permits as required. The City will not approve the Plat until the
MCWD has approved the stormwater management plans and the Developer has provided
evidence that all required MCWD permits have been obtained.
C. The Plat shall adhere to the purpose and intent of the Orono Community
Management Plan, as amended.
D. All of the proposed lots must contain suitable area meeting all established
setback requirements to allow the construction of single family residences.
E. Prior to City Council approval of the fmal Plat, the Developer shall furnish
a boundary survey of the Land with all property corner monumentation of the Land in place and
marked with lath and a flag. Any encroachments on or adjacent to the Land shall be noted on the
survey. In addition, the certificate of survey must also include a certification that all irons for a
specific lot have either been found or set prior to the issuance of a building permit for that lot.
F. The Developer shall provide the city engineer record construction
drawings. The city will upgrade its base map information relative to the project. Costs incurred
will be billed to the developer.
G. The Developer shall submit the fmal 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'.
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H. 1'he Developer shall relocate the public street and public utilities as
depicted on the Plat. The cost of relocation and the cost of installation of the liftstation is the
Developer's responsibility. The city will provide the plans and specifications of the liftstation.
23. SUMMARY OF SECURITY REQUIREMENTS. To guazantee compliance
with the terms of this Contract, payment of the costs of all Improvements and construction of all
Improvements, the Developer shall furnish the City with a letter of credit, in the form attached
hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any
required landscaping. The following is a summary of the security requirements due under this
Contract,which must be in place at the time of final plat approval:
,�� - �1 ,��� .� � �
Landscaping $ 46,185.00 $ 69,277.50
Common Excavating $ 98,600.00 $ 147,900.00
Sanitary Sewer $ 129,350.00 $ 194,025.00 Includes removal/filling of old sewer
Storm Sewer $ 28,750.00 $ 43,125.00
Street $ 186,500.00 $ 279,750.00 Includes CIS and old road removal
Includes rock Ent,traffic control,and
Erosion Control $ 33,500.00 $ 50,250.00 mob
Lift Station $ 150,000.00 $ 225,000.00 Engineers estimate
Total $ 1,009,327.50
T'he bank shall be subject to the approval of the City Administrator. The City may draw down the
security, upon five (5) business days' prior written notice to Developer, for any violation of the
terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default.
If the 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 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 nine�ty percent (90%) of the financial obligations that have been
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satisfied. Ten percent(10%) of the amounts certified by the Developer's engineer, and approved
by City's Engineer, shall be retained as security until all Improvements have been completed, all
fmancial 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 standard specifications for utilities and street construction outline procedures
for security reductions.
24. SUMMARY OF CASH REQUIREMENTS AND FEES. The following is a
summary of the cash requirements and fees due under this Contract,which must be paid in cash at
the time of fmal plat approval and execution of this Contract by the City:
Engineering, City Administration(escrow) $2,500.00
Park Dedication Fee 16,650.00
Storm Water and Drainage Trunk Fee 24,180.00
Total Cash Requirements&Fees 4 0
25. WARRANTY. The Developer warrants all Improvements 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
the City Council. The one year warranty period on streets shall commence after the fmal wear
course has been installed and accepted by the City Council as documented in official City
minutes. The Developer shall post a maintenance bond, letter of credit or cash deposit (the
"Maintenance Security") in an amount reasonably determined by the City Engineer. The City
Engineer shall examine the condition of the Improvements when determining the amount of the
Maintenance Security. The City shall retain ten percent (10%) of the security until the
Maintenance Security is furnished the City or until the warranty period expires, whichever first
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occurs. The retainage may be used to pay for warranty work. The City standard specificarions for
utilities and street construction identify the procedures for final acceptance of streets and utilities.
26. RESPONSIBILITY FOR CO5TS.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by it or the City in conjunction with the development of the Land, including but not
limited to Hennepin County Environmental Services and Minnehaha Creek Watershed District
charges, legal, planning, engineering and inspection expenses incurred in connection with
approval and acceptance of the Plat,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 of the Land.
B. The Developer shali hold the City and its officers, employees, and agents
hasmless from claims made by itself and third parties for damages sustained or costs incurred
resulting from Plat approval and development of the Land. 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 reasonable costs incurred in the
enforcement of this Contract,including engineering and attorneys'fees.
D. The Developer shall pay, or cause to be paid when due, and in any event
before any penalty is attached, all special assessments referred to in this Contract. T'his is an
obligation of the Developer and shall continue in full force and effect even if the Developer sells
one or more lots,the Land, or any part of it.
E. 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
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paid on time, the City may halt development and construction of the Land until the bills are paid
in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent(8%)
per year.
F. In addition to the charges and special assessments referred to herein, other
charges as required by City ordinance or via other agencies for which City acts as agent may be
imposed such as, but not limited to, sewer access charges ("SAC"), City water access charges and
building permit fees.
27. 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. T'his 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. When the City does any such work, the City may, in addition to its other remedies, assess
the cost in whole or in part against any portion of the Land owned by the Developer or any
successor in interest to the Developer.
28. MISCELLANEOUS.
A. The Developer represents to the City that the Plat complies with all city,
county, state, and federal laws and regularions, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat
does not comply,the City may,at its option,refuse to allow construction or development work on
the Land until the Developer does comply. Upon the City's demand, the Developer shall cease
work until there is compliance.
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B. Third parties shall have no recourse against the City or Developer under
this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for
denial of building permits,including those for 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 sha11 not affect the validity of the
remaining portions of this Contract.
E. Grading and one lift of asphalt shall be installed on all 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, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connection permits may be
issued and no one may occupy a building for which a building permit is issued on either a
temporary or permanent basis until the streets needed for access have 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
Land. The Developer covenants with the City, its successors and assigns, that the Developer is
well seized in fee title of the Land and/or has obtained consents to this Contract, in the form
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attached hereto, from all parties who have an interest in the Land; that there are no unrecorded
interests in the Land; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
I. 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 the 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 may be 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.
J. T'he Developer may not assign this Contract without the written permission
of the City Council. The Developer's obligations hereunder shall continue in full force and effect
even if the Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request,
the City shall provide, in recordable form, a release of any lot in the Plat from this Development
Contract if the City determines that the terms and conditions of this Contract have been satisfied.
K. Developer shall be responsible for all snow removal from vacant lots to
the extent that City Ordinance requires snow removal. Developer shall be responsible for
ensuring that all vacant lots comply with the City's Code regarding nuisances.
L. Retaining walls that require a building permit shall be constructed in
accordance with plans a.nd 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 retaining wall was constructed
in accordance with the approved plans and specifications. All retaining walls required to be
constructed by the Plans, or special conditions referred to in this Contract, shall be constructed
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before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to
be built.
M. 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,
commercial general 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 the City signing the plat. The
certificate shall provide that the City must be given ten (10) days advance written notice of the
cancellation of the insurance.
29. 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: James and Mary Jundt, C/O Brian Benson, 201 East Lake
St. Wayzata, MN. 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 City Hall, 2750 Kelley Parkway, Orono,
Minnesota 55356. 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.
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CITY OF ORONO
By:
Dennis Walsh,Mayor
(SEAL)
By:
Dustin Rie , City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
�f`l_
The foregoing instrument was acknowledged before me this �/ day of
� , 2018 by Dennis Walsh and by Dustin Rief,respectively the Mayor and City
Admi 'strator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted its City Counci
�
tary Public
Anna Ma�e Carlson
Myc°"m'�"�o��
�
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DEVELOPER:
ti�
Ja es R. Jundt ,
��
Mary . J dt
STATE OF ARIZONA )
( ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this �µ day of
Wt ,2018,by James R.Jundt and Mary J.Jundt,husband and wife.
�l�
�
Notary Public
DRAFTED BY: `���'
CAMPBELL KNUTSON �q��n qlmalih
Professional Association E
Grand Oak Office Center I � �, Notary Public
860 Blue Gentian Road,Suite 290 ; � e Maricopa County,Arizona
Eagan,MN 55121 '� � �+ My Commission Expires
Telephone: (651)452-5000 ° �°" °
ABS 07-10-2020
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Ezhibit A
Lots 5 and 6, Rearrangement of Orono Point;
Also, that part of Lots 9 and 10, Rearrangement of Orono Point and the accretions
thereto lying Southerly and Easterly of the following described line: Commencing at a
point in the centerline of Center Avenue 588.95 feet northerly from the Northwesterly
corner of Lot 5, Rea�rangement of Orono Point; thence southerly along said centerline
a distance of 5 feet; thence southwesterly on a tangential curve to the right with a
radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to said
last described curve a distance of 5 feet; thence southwesterly on a tangential curve to
the right a radius of 445.72 feet a distance of 119.25 feet, thence southwesterly
tangent to said last described curve a distance of 107.3 feet; thence westerly making
an angle of 44 degrees 42 minutes to the right a distance of 79.3 feet to the shore of
Lake Minnetonka and there terminating; subject to Boarder Avenue as opened by
Document No. 2092886, Hennepin County, Minnesota.
Also, that part of vacated Center Avenue as said Center Avenue was dedicated to the
public in the plat of Rearrangement of Orono Point, lying southerly of the westerly
extension of the northerly line of Lot 4, said Rearrangement of Orono Point and
northerly of a line drawn westerly perpendicular to the west line of said Lot 4 from a
point on said west line distant 182.29 feet northerly from the southwest corner of said
Lot 4; also that part of the westerly half of vacated Center Avenue lying southerly of
said above described perpendicular line; and also that part of the westerly half of
vacated Center Avenue lying northeriy of the westerly extension of the northerly line of
said Lot 4 and lying southerly of a line drawn easterly at right angles to the westerly
line of said vacated Center Avenue from the point of intersection of said westerly line
with a line drawn 10 feet easterly of the following described line; Commencing at a
point in the centerline of said Center Avenue distant 588.95 feet northerly from the
northwesterly comer of said Lot 5; thence southerly along said centerline a distance of
5 feet to the point of beginning of the line being described; thence southwesterly along
a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet,
and said line there ending, Hennepin County, Minnesota.
Also, that part of vacated Boarder Avenue as laid out and dedicated over and across
part of Lot 9 in said Rearrangement of Orono Point which lies befinreen the westerly line
of said Center Avenue and a line drawn across said Border Avenue at right angles to
the side lines of said Border Avenue from the point of intersection of the centerline of
said Border Avenue with a line described as follows: Beginning at a point in the
centerline of said Center Avenue distant 588.95 feet northerly of the northwest comer
of said Lot 5; thence southerly along the centerline of said Center Avenue a distance of
5 feet; thence southerly and southwesterly along a tangential cunre to the right with a
radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to last
said curve a distance of 5 feet; thence southweste�ly along a tangential curve to the
right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly
20
Southways V3
tangent to last said curve a distance of 107.30 feet; thence southwesterly along a
tangential curve to the left with a radius of 56 feet a distance of 19.7 feet; thence
southerly tangent to last said curve a distance of 6.8 feet; thence southerly along a
tangential curve to the left with a radius of 169.7 feet a distance of 53.9 feet; thence
southerly tangent to last described curve a distance of 20.5 feet; thence southerly on a
tangential curve to the left with a radius of 78.1 feet to its intersection with the
centerline of said Border Avenue, and said line there ending, Hennepin County,
Minnesota.
21
Southways V3
MORTGAGE CONSE1vT
TO
DEVELOYMENT CONTRACT
Wells Fargo Bank,National Association,whicl�holds a mortgage on the subject property,
thc development of wllicl� is governed by the foregoing Development Contract, agrees that the
Developmeut Contract shall remain in full force and effect even if it forecloses on its mortgage.
�
Dated this�day of �u�-.� , 2018.
Wells Fargo Bank, National Association
By: � -�- �". • L �f
Its: f� f'�5i �
STATE OF MINNESOTA )
�` )ss.
COUNTY OF tt�h�t(�'�r� )
The foregoing instruinent was acknowled�ed before me this � day of
�J 2018, by �c,�v.� � �S c�o b y.., the
1),� a reS'��-e,...-� of Wells Fargo Bank, Natioual Association, on its behalf.
�-,'�"'-� . �
Notaty Public
, ,::�``�;, DONNA MARIE REID
DRAFTFD BY: �°��%�'`'. - NOTARYRIBLIC•MIWNESOUI
� � ..;
C,�nn>a��:�.i.K!v�rrsoN �'�'��� �fYWMM�IE�lAES01�3112020
��:�:
Prof'essiunnl Associrition
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Gagan, MN 55121
Telephone: (651)452-5000
A[3S
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