HomeMy WebLinkAboutIvy Place - Project # 17-3962 reserved or recordin in ormation)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
IVYPLACE
PROJECT N0. 17-3962
FINAL PLAT CASE#LAIB-OOOOl4
AGREEMENT dated June 11, 2018, by and between the CITY OF ORONO, a
Minnesota municipal corporation ("City"); and LAKE WEST DEVELOPMENT, LLC, a
Minnesota limited liability company("Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to
approve a plat for `�IvY PLACE" (referred to in this Contract as the "Plat"). The land to be
subdivided by the Plat (the "Land") is situated in the City of Orono, County of Hennepin, State
of Minnesota, and is legally described on the attached Exhibit A.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on
condition that the Developer enter into this Contract and furnish the security required by it. The
City will cause the Plat to be duly recorded in the office of the Registrar of Titles in and for
Hennepin County, Minnesota, promptly after compliance by the Developer with all conditions
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Ivy Place Development Contract
precedent to such recording 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,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"(defined below)has been received by the City, and 3)the Plat has been duly recorded in
the office of said Registrar of Titles.
4. PHASED DEVELOPMENT. N/A
5. PRELIMINARY PLAT STATUS. N/A
6. CHANGES IN OFFICIAL CONTROLS. For two(2)years from the date of this
Contract, no amendment 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 Land 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 or dedication requirements 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. 'I'he Land shall be developed in accordance with the
following 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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Ivy Place Development Contract
Plan A—Plat of Ivy Place
Plan B - Grading and Erosion Control Plan
Plan C—Landscape Plan
Plan D—Wetland Impact and Buffer Plan
Plan E— SWPPP Plan
Plan F—Conservation Design Report and Master Plan
Plan G—Tree Preservation 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
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 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 contract
administration between the Developer and the Developer's contractor. The Developer or its
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Ivy Place Development Contract
engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council
chambers 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 Auto CAD file based
upon the Hennepin County coordinate system, all prepared in accordance with City standards.
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. The 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:
• 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 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.
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Ivy Place Development Contract
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 private drive.
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.
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
inactive 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 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"security"to pay any costs.No development,utility or street
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Ivy Place Development Contract
construction 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. Building permits shall be based on the approved grading and
erosion control plan, though actual grading will be completed by the property owners at the time
of building construction. This approved grading plan will establish the Engineered Grade for the
project, as defined by city code. The City will withhold issuance of building permits until 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. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. Upon
completion of the Improvements, the City shall inspect the Improvements and notify Developer
if any of the Improvements do not conform to the requirements of this Contract.
18. 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 its engineer on status or problems regarding the project, coordination for final inspection and
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Ivy Place Development Coatract
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 Agreement, the Developer shall deposit
$7,500. 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 Agreement, if
compliance with the terms of this Agreement 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 balance
of the escrow account is insufficient to reimburse the City its costs under this Section, the
Developer will promptly reimburse the City any additional costs. If the 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.
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Ivy Place Development Contract
Stat. §� 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to
the Developer when the Development has been completed and written notification is received
from the Developer requesting the funds.
20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the
standard Storm Water and Drainage Trunk Fee for two new 1/2-acre lots at $3,025.00 per lot.
$3,025.00 per lot x 2 lots = $6,050.00
21. PURPOSELY LEFT BLANK
22. PURPOSELY LEFT BLANK
23. SEWER AND WATER CONNECTION CHARGES. The Land was fully
assessed for municipa] sewer in 1965. The Metropolitan Council SAC charge of$2,485.00 per
dwelling unit is owed. City water was installed in 1970 and the Land was assessed for one
dwelling. When a building pennit is issued far a second dwelling on the Land,a water connection
charge will be due pursuant to City Code and the applicable Fee Schedule. The 2018 fee is
$4,240.00.
24. SPECIAL PROVISIONS. The following special provisions sha11 apply to
development of the Land:
A. Implementation of and adherence to the findings and conditions listed in(1)
Resolution No. ��8 approving the Fina1 P1at for Ivy Place, adopted by the Orono City Council
on June 11, 2018; (2) Resolution 6821 approving wetland setback variance; CUP far filling in
floodplain; and watershed wetland buffer variance.
C. 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
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Ivy Place Development Contract
has approved the stormwater management plans and the Developer has provided evidence that all
required MCWD permits have been obtained.
D. The Plat shall adhere to the purpose and intent of the Orono Community
Management Plan, as amended.
E. The Developer shall construct a private driveway on the Land to provide
access to all lots. The private driveway may be designed to preserve existing vegetation, subject
to the approval of the City Engineer.
G. All of the proposed lots must contain suitable area meeting all established
setback requirements to allow the construction of single family residences.
H. Prior to City Council approval of the final Plat, the Developer shall furnish
a boundary survey of the Land in a form acceptable to City staff.
I. The Developer shall pay to the city engineer the amounts incurred for the
preparation of record construction drawings and City base map upgrading.
J. 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). T'he Developer shall also provide one copy reduced to 1"=200'.
K. Parking Restriction. Developer shall inform contractars and enforce parking
restrictions on ivy Place and the drive area of 3560 Ivy Place required by the development. No
Parking is permitted on ivy Place at any time.
L. Stormwater Easement. Developer shall show on the final plat an easement
over the planned stormwater facility improvements.
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Ivy Place Development Contract
M. The Final Plat will dedicate to the City a drainage and utility easement over
all existing City utilities on the Land. Alternatively, before the City signs the Plat, the Developer
shall provide the City with an appropriately executed drainage and utilities easement, in
recordable form, over all existing City utilities on the Land.
N. Orono Resolution 6821 contained a number of conditions applicable to the
development of the project:
a. Final plat approval
b. Approval for all permits related to the MCWD
c. Applicant shall receive approval from the DNR Commission prior to
received land alteration permit
d. WCA Approval
e. No parking on ivy Place at any time
f. Beach Improvements stall be limited to the project scope.
g. A review of the road condition must be done before and after
construction, any damage will be repaired by developer.
h. Hauling hours are limited to 7:30-3:OOpm and 4:OOpm-8:OOpm while
Westonka schools are in session.
i. Application shall confirm the location of the delineated wetland before
install of the driveway
O. Orono Public works will inspect the condition of Ivy Place prior to construction and any
damage observed during the course of development of the project, including house construction
will be repaired at the Developers expense.
25. SUMMARY OF SECURITY REQUIREMENTS. To guarantee 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
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Contract, which must be in place at the time of silt fence inspection and prior to any other site
improvements.
Item Est. 150�
Stormwater Management $ - $ -
Erosion Control $ 9,000.00 $ 13,500.00
Private Drive $ 27,036.00 $ 40,554.00
Grading $ - $ -
Total Security $ 36,036.00 $ 54,054.00
The 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 ninety percent(90%)of the financial obligations that have been 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 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 standard specifications for utilities and street construction outline procedures for security
reductions.
26. 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 final plat approval and execution of this Contract by the City:
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Ivy Place Development Contract
Engineering, City Administration(escrow) $ 7,500.00
Storm Water and Drainage Trunk Fee 6,050.00
Final Plat Fee 500.00
Subtotal Total Cash Requirements &Fees $14,050.00
Payment made February 22, 2018 $ 700.00
Total Cash Requirements & Fees $13,350.00
27. 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 final 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 occurs. The retainage may
be used to pay for warranty work. The City standard specifications for utilities and street
construction identify the procedures for final acceptance of streets and utilities.
28. 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 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,
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and all costs and expenses incurred by the City in monitoring and inspecting development of the
Land.
B. The Developer shall hold the City and its officers, employees, and agents
harmless 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. This 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 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.
29. 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
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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 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.
30. MISCELLANEOUS.
A. The Developer represents to the City that the Plat complies with all city,
county,state,and federal laws and regulations,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.
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 shall not affect the validity of the
remaining portions of this Contract.
E. Purposely left blank
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Ivy Place Development Contract
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 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.
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Ivy Place Development Contract
J. The 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 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 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
before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be
built.
31. 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: 14525 Highway 7, Suite 265, Minnetonka, MN 55345—
5534. 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
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Ivy Place Development Contract
may change the address to which notices to such party thereafter shall be given,by providing to the
other party notice of such change.
[Remainder of Page Intentionally Left BZank.J
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Ivy Place Development Contract
CITY: CITY OF ORONO
By:
Dennis Walsh, Mayor
(SEAL)
By:
Dustin Rief, ity Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �day of
, 2018 by Dennis Walsh and by Dustin Rief, respectively the Mayor and City
Admini tor of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted 'ts City Counci
otary Public
Anna Marie Carison
Notary Public•Minnespta
: • MY Commission 6cpires 01I31/2020
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Ivy Place Development Contract
DEVELOPER:
LAKE WEST DEV LOPMENT, LLC
By
Curt Fretham, Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �� day of
�- , 2018, by Curt Fretham, the Manager of Lake West Development, LLC, a
Minnesota limited liability company on behalf of the company.
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� � CHRISTINAMARIE NOt3Iy UbI1C �"7 / �����
,�'' � Notary Public 3
� State of Minnesota
;� My Corrimission Expires
• ,,.�'' January 31, 20"22
DRAFTED BY:
CAMPBELL KM�TSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651)452-5000
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Ivy Place Development Contract
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F�E OWN�R CONSENT �
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D�VI;LOPMENT CONTRACT I
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Ricic Lupient and Barbara Lnpient, individuals, fee owuers of all or part of the subject I
property, the development of which is goveined by the foregoing Development Contract, affums
and consents to the provisions thereof and agrees to be bound by the provisions as the same may
apply to that portion of the subject property owned Uy it. �
Dated this 8 day of Jrl� 2018. �
I
Rick L pie j
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B ara Lupient �I
STATE OF MINNESOTA )
(ss, �
COLTNTY OF HENNEPIN ) �
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The foregoing insfrument was acltnowledged before me this � day of i
/7-C ,2018,by Ricic Lupient and Barbara Lupient,individu s, �
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Notary Public
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DRAFTED BY; o•�'L� KATHERINE CHRISTINE ANDERSON
CAI�IPBELL ICNUTSON � � NOtery PubliC ,
Professiorral,4ssocintiorr � Stdte of Minnesota
Grand Oak Office Center I � My Commission Expires
860 Blue Gentian Road,Suite 290 � January 31,2023
i
Eagan,MN 55121
Telephone: (651)452-5000 �
ABS �
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Ivy Place Development Contract +i
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FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
Rick Lupient and Barbara Lupient, individuals, fee owners of all or part of the subject
property, the development of which is governed by the foregoing Development Contract, affirms
and consents to the provisions thereof and agrees to be bound by the provisions as the same may
apply to that portion of the subj ect property owned by it.
I--,
Dated this �� day of , 2018.
Rick Lupient
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ��)�� day of
�� i.t.{� , 2018, by Rick Lupient and Barbara Lupient, individuals.
Not ry Pub i v
DRAFTED BY: ��.:;��JENNIFERMARYMAalEOVERBY
;� o` NOliry Publit
CAMPBELL KNUTSON (3�� M11111�{Ob
ProfessionalAssociation `; � M�rCOn1m.E�pirec
Grand Oak Office Center I
`�-�' Jen 31,20�0
860 Blue Gentian Road,Suite 290
Eagan,MN 55121
Telephone: (651)452-5000
ABS
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Ivy Place Development Contract
Exhibit A
Lots 1, 2, and 3, Block 1, Casco Point Addition, Hennepin County, Minnesota.
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Ivy Place Development Contract