HomeMy WebLinkAbout2013-12-18 PACKET 04.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # � �
DATE 12/18/13 .
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PREPARED BY Finance Robin Roland
ORIGINATING DEPARTMENT DEPARTMENT HEAD
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COUNGIL—ACTION REQIJEST --- --
Consider approval of Third Amendment to Contract for Private Development (Minimum
Assessment Agreement) with PHS/CG Center, LLC and PHS/Cottage Grove, Inc:
STAFF RECOMMENDATION
Approve Third Amendment to Contract for Private Development (Minimum Assessment
Agreement) with PHS/CG Center, LLC and PHS/Cottage Grove, Inc.
BUDGET IMPLICATION: N/A
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION:
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
� ECONOMIC DEV. AUTHORITY
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12/10/13
REVIEWED
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N/A
ACTUAL AMOUNT
DENIED
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SUPPORTING DOCUMENTS:
APPROVED
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� MEMO/LETTER: Roland
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Third Amendment to Contract for Private Development PHS/CG and
PHS/Cottage Grove Inc
ADMINISTRATORS COMMENTS
City Administrator
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Date
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H:\Council itemslcouncil-action.doc
Cottage
J Grove
� Pride and Q�pSperity Meet
To: Mayor and City Council Members
Ryan Schroeder, City Administrator
From: Robin Roland, Finance Director��
Date:
Subject:
December 12, 2013
Draft Amendment to the existing minimum assessment agreement with
Presbyterian Homes (PHS)
Introduction
At their December 10, 2013 meeting the EDA approved an amendment to the existing
minimum assessment agreement with Presbyterian Homes (PHS). That agreement is
submitted for Council approval.
Discussion
A draft amendment to the existing minimum assessment agreement with Presbyterian Homes
(PHS) regarding the Norris Square and Norris Marketplace development is submitted with this
item. Previously approved amendments to this agreement allow for a reduction in the
minimum assessment agreement (MAG) in consideration for reduction in market activity
caused by the recession. Staff proposes to continue to provide for a reduced market value
from what was initially contemplated for the tax years payable 2014, 2015, and 2016. Without
the proposed action, the minimum market value for the undeveloped portion of this site would
escalate to $8.2 million for the approximate 6.5 acre site (about $29/square foot).
The EDA approved a MAG with the owners of the G-Will property at a value of $1,025,000 at
their October 8, 2013 meeting. That increase in market value will create increment that flows
into the development; however, it is separate from this action. At this time we continue to work
with PHS on language within the agreement and as a result there could be minor changes to
the draft that is enclosed herein. This agreement is proposed now in order to ensure that we
can put the amendment in place prior to January 1, 2014.
As proposed, this action would result in a limited extension of the MAG. If development on the
parcel occurs during this timeframe it is possible that the actual taxable market value on this
parcel would rise above the value minimum contained within the MAG.
Action Requested
Approve the proposed amendment to the MAG subject to final City Attorney review and
approval.
THIRD AMENDMENT
TO
CONTRACT FOR PRIVATE DEVELOPMENT
By and Among
COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY
and
PHS/CG CENTER, LLC
and
PHS/COTTAGE GROVE, INC.
This document drafted by:
KENNEDY & GRAVEN, CHARTERED
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
432293 RHB CT165-21
THIRD AMENDMENT TO
CONTRACT FOR PRIVATE DEVELOPMENT
This Third Amendment to Contract for Private Development (the "Third Amendment"),
made this lOth day of December, 2013, by and among the Cottage Grove Economic
Development Authority, a public body corporate and politic under the laws of Minnesota, having
its_principal office__at 12800 Ravine._Parkway South, Cottage .Grove, Minnesota_._55016_ (the__ .
"Authority"); PHS/CG Center, LLC, a Minnesota limited liability company, having its principal
offices at 2845 Hamline Avenue North, Suite 100, Roseville, Minnesota 55113 (the
"Commercial Developer"); and PHS/Cottage Grove, Inc., formerly known as PHM/Cottage
Grove, Inc., a Minnesota non-profit corporation, having its principal offices at 2845 Hamline
Avenue North, Suite 100, Roseville, Minnesota 55113 (the "Residential Developer").
WIT`NESSETH:
WHEREAS, in 1985 the Authority created Development District No. 1(the
"Development District") and adopted a program (the "Program") for it, which Program has been
modified periodically thereafter and most recently on October 4, 2006, all in conformance with
Minnesota Statutes, sections 469.124 through 469.134, the City Development Districts Act (the
"Act"); and
WHEREAS, in 2001 the Authority established tax increment financing district No. 1-12
("TIF District No. 1-12") in the Development District and adopted a tax increment financing
(the "TIF Plan") related thereto, which TIF Plan was modified on October 4, 2006; and
WHEREAS, in order to achieve the objectives of the Program and the TIF Plan, as
modified, the Authority has previously offered certain assistance to bring about redevelopment
of the Development District, in accordance with the Program, the TIF Plan and this Agreement;
and
WHEREAS, the Authority believes that the redevelopment of land within TIF District
No. 1-12 pursuant to this Agreement and the fulfillment generally of this Agreement are in the
vital and best interests of Cottage Grove and the health, safety, morals, and welfare of its
residents, and in accord with the public purposes and provisions of the applicable state and local
laws and requirements under which the Development District has been undertaken; and
._
_ _ _ __ _ _
WHEREAS, the Authority and the Residential Developer on December 17, 2003, on
November 22, 2004, and again on December 14, 2006, entered into agreements (the "Previous
Agreements") regarding land within TIF District No. 1-12, including the land which is the
subject of this Third Amendment; and
WHEREAS, on December 14, 2006 the Residential Developer transferred all of its right,
title and interest in the non-residential portion of the property subject to the Previous Agreements
to the Commercial Developer; and
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432293 RHB CT165-21
WHEREAS, the Authority, the Residential Developer and the Commercial Developer
entered into that certain Second Amended and Restated Contract for Private Development (the
"Second Amended and Restated Contract") dated April 12, 2011 and recorded on June l, 2011
as document no. 1206773 in the Office of the Registrar of Titles, Washington County,
Minnesota, which amended and restated the Previous Agreements; and
WHEREAS, the parties now wish to enter into this Third Amendment regarding the land
legally described on Exhibit A attached hereto_ a s an am end men t to the S econ d Amende and
__ _ __ _ __ _----- ---- --- -- ----- — -
Restated Contract.
NOW, THEREFORE, in consideration of the covenants and the mutual obligations
contained herein, the Authority, the Commercial Developer and the Residential Developer
hereby covenant and agree with each other as follows:
l. For purposes of this Third Amendment, the following terms shall have the
meanings given below unless a different meaning clearly appears from the context.
"Commercial Property" means Lot 2, Blocic l, PHS/Cottage Grove 2 nd Addition,
Washington County, Minnesota, which is the portion of the land owned by the
Commercial Developer retained after Sale to Rademacher Family Limited Partnership of
the G-Will Liquor Site.
"G-Will Liquor Site" means Lot l, Block 1, PHS/Cottage Grove 2" Addition,
Washington County, Minnesota, which is the portion of the land previously owned by the
Commercial Developer which was sold to Rademacher Family Limited Partnership.
All other defined terms used in this Third Amendment shall have the meanings given to them in
the Second Amended and Restated Contract.
2. Section 8.1 of the Second Amended and Restated Contract prohibits the Sale of
all or any portion of the Development Property prior to issuance of the Certificate of Completion
for the Minimum Improvements to be constructed thereon without the prior written permission
of the Authority. The development proposed in this Third Amendment involves a Sale of part of
commercial portion of the Development Property to Rademacher Family Limited Partnership for
development of a retail liquor store. Because the Certificate of Completion for the Commercial
Minimum Improvements has not been issued, the Authority's prior written approval of the Sale
is required: The Authority hereby grants approval of the Sale by the Commercial Developer of
the G-Will Liquor Site to Rademacher Family Limited Partnership.
3. Pursuant to section 4.6 of the Second Amended and Restated Contract, the
Authority issued and the Residential Developer purchased the Limited Taxable Tax Increment
Revenue Note, Series 2011A (the "Note"). Payment of the Note is made from a portion (the
"Proration Percentage") of Available Tax Increment as specified therein and in the Second
Amended and Restated Contract. The Residential Developer understands and acknowledges that
execution by the Authority and the Commercial Developer of the amended Assessment
Agreement provided for in Section 4 of this Third Amendment will reduce the amount of
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432293 RHB CT165-21
Available Tax Increment for payment of the Note and may result in the Authority having
insufficient Available Tax Increment to meet the Payment Schedule of the Note in the years
2015 through 2018. The Residential Developer agrees to such modifications and consents to any
resulting reduction in Available Tax Increment for payment of the Note. The Residential
Developer represents that it has not sold or transferred the Note. Notwithstanding the Sale of the
G-Will Site to Rademacher Family Limited Partnership, the Authority agrees to include tax
increment paid to it with regard to the G-Will Site in Available Tax Increment for payment of the
_ Note. -- - - - _ _- -- _ __ __ _ _ -- - --- ----- - ____ - -- - ___ _
4. The Commercial Developer and the Authority agree to enter into an amended
Assessment Agreement to reduce the Minimum Market Value of the Commercial Property from
$8,725,000 to $1,624,900 as of January 2, 2014 for taxes payable in 2015 and 2016. For taxes
payable beginning in 2017 through the Termination Date, the Minimum Market Value of the
Commercial Property shall be $7,700,000. The form of the amended Assessment Agreement is
attached hereto as E�iibit B.
5. In connection with the approval of the plat of PHS/Cottage Grove 2" Addition
and approval of the site plan for the G-Will Liquor Store, the City adopted Resolution No. 2013-
115 which establishes the terms and conditions of said approvals. Resolution No. 2013-115 is
attached hereto as Exhibit C and is hereby incorporated into this Third Amendment as if set out
herein in full. The Commercial Developer agrees to comply with and carry out all of its
obligations specified in Resolution No. 2013-115.
6. Section 10.4(a) of the Second Amended and Restated Contract is amended as
follows:
(a) in the case of the Authority: Cottage Grove Economic Development Authority
12800 Ravine Parkway South
Cottage Grove, MN 55016
Attn: EDA Executive Director
7. Except as noted specifically or by necessary implication in this Third
Amendment, all terms and conditions of the Second Amended and Restated Contract shall
remain in full force and effect.
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432293 RHB CT165-21
IN WITNESS WHEREOF, the Authority and the Developer have caused this Third
Amendment to be duly executed in their names and behalves on or as of the date first above
written.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
COTTAGE GROVE ECONOMIC
DEVELOPMENT AUTHORITY _
By
Its President
By
Its Executive Director
The foregoing instrument was acknowledged before me this day of ,
2013, by and ,
president and executive director, respectively, of the Cottage Grove Economic Development
Authority, a public body corporate and politic under the laws of Minnesota, on behalf of the
Economic Development Authority.
Notary Public
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432293 RHB CT165-21
.
PHS/CG CENTER, LLC
STATE OF MINNESOTA )
) ss.
COUNTY OF )
:
The foregoing instrument was executed this day of , 2013, by
, the of PHS/CG Center, LLC a Minnesota
limited liability company, on behalf of the company.
Notary Public
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432293 RHB CT165-21
PHS/COTTAGE GROVE, INC.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
:
Its
The foregoing instrument was executed this day of , 2013, by
, the of PHS/Cottage Grove, Inc., a Minnesota
non-profit corporation, on behalf of the non-profit corporation.
Notary Public
6
432293 RHB CT165-21
EXHIBIT A
Legal Description of PropertY
The property to which the foregoing Third Amendment applies is located in Washington County,
Minnesota and is legally described as follows:
Commercial PropertX
Lot 2, Block 1, PHS/Cottage Grove 2 nd Addition
432293 RHB CT165-21 A-1
EXHIBIT B
FORM OF
THIRD AMENDED ASSESSMENT AGREEMENT
(Commercial)
a
ASSESSOR'S CERTIFICATION
by and among
THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY
and
PHS/CG CENTER, LLC
and
ASSESSOR FOR WASHINGTON COUNTY, MINNESOTA
This document drafted by:
Kennedy & Graven, Chartered (RHB)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612-337-9300
�
B-1
432293 RHB CT165-21
THIS THIRD AMENDED ASSESSMENT AGREEMENT dated as of this lOth day of
December, 2013, by and between the Cottage Grove Economic Development Authority, a public
body corporate and politic under the laws of Minnesota (the "Authority") and PHS/CG Center,
LLC, a Minnesota limited liability company (the "Commercial Developer").
WITNESSETH:
WHEREAS, the Authority and PHS/Cottage Grove, Inc. ("PHS/CG, Inc."), the
predecessor in interest of the Commercial Developer, previously entered into that certain
Assessment Agreement and Assessor's Certification dated November 23, 2004, filed March 22,
2005 as document no. 1155497 in the Office of the Registrar of Titles, Washington County,
Minnesota (the "2004 Assessment Agreement"); and
WHEREAS, the Authority and PHS/CG, Inc. previously entered into an Amended and
Restated Contract for Private Development dated December 14, 2006, filed December 21, 2006
as document no. 1173364 in the Office of the Registrar of Titles, Washington County, Minnesota
(the "2006 Development Agreement") pursuant to which PHS/CG, Inc. agreed to construct a
commercial facility (the "Minimum Improvements-Commercial") on the land legally described
as Lot 2, Block 1, PHS/Cottage Grove, Inc., Washington County, Minnesota (the "Original
Commercial Property"); and
WHEREAS, pursuant to the 2006 Development Agreement, the Authority and PHS/CG,
Inc. terminated the 2004 Assessment Agreement and established a minimum market value for the
Original Commercial Property and the Minimum Improvements-Commercial to be constructed
thereon under the 2006 Development Agreement by execution of the Assessment Agreement
(Commercial) dated December 12, 2006 (the "2006 Assessment Agreement"); and
WHEREAS, PHS/CG, Inc. has conveyed all of its interest in the Original Commercial
Property to the Commercial Developer, as contemplated under the Development Agreement; and
WHEREAS, the Authority and the Commercial Developer previously agreed to adopt an
Amended Assessment Agreement in order to modify the minimum market value of the Original
Commercial Property as of January 2, 2010 for taxes payable in 2011; and
WHEREAS, the Authority and the Commercial Developer also previously adopted the
Second Amended Assessment Agreement to extend the application of the modified minimum
market value of the Original Commercial Property as of January 2, 2011, for taxes payable in
2012; and
WHEREAS, the Original Commercial Property has now been replatted into Lot 2, Block
1(the "Commercial Property") and Lot 1, Block 1(the "G-Will Site"), both within the plat of
PHS/Cottage Grove 2" Addition, Washington County, Minnesota; and
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432293 RHB CT165-21
WHEREAS, the Authority and the Commercial Developer now wish to adopt this Third
Amendment Assessment Agreement to establish a revised Minimum Market Value of the
Commercial Property as of January 2, 2014 for taxes payable in 2015 and 2016 and thereafter;
and
WHEREAS, the Assessor for Washington County, Minnesota has reviewed the revised
value proposed for the Property for taxes payable in 2015 and 2016 and thereafter.
NOW, THEREFORE, the parties to this Third Amended Assessment Agreement, in
consideration of the promises, covenants and agreement made herein by each and to the other, do
hereby agree as follows:
1. The Minimum Marlcet Value of the Commercial Property shall be $1,624,900 as
of January 2, 2014 for taxes payable in 2015 and 2016.
2. The Minimum Marlcet Value of the Commercial Property shall be $7,700,000 as
of January 2, 2016 for taxes payable beginning in 2017 through the Termination
Date.
3. Except as explicitly modified by this Third Amended Assessment Agreement, all
terms and conditions of the Second Amended Assessment Agreement shall remain
in full force and effect.
COTTAGE GROVE ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument as acknowledged before me this of ,
2013, by and , president and executive
director, respectively, of the Cottage Grove Economic Development Authority, a public body
corporate and politic under the laws of Minnesota, on behalf of the Economic Development
Authority.
Notary Public
B-3
432293 RHB CT165-21
PHS/CG CENTER, LLC
By:
___ ------ __ . ___ __ Its;__ Chief Financial Manager_____ _
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was executed this of , 2013, by
, the Chief Financial Manager of PHS/CG Center, LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
432293 RHB CT165-21
:�
CERTIFICATION BY ASSESSOR
The undersigned, having reviewed the minimum market value proposed for the
Commercial Property and being of the opinion of minimum market value contained in the
foregoing Amended Assessment Agreement is reasonable, hereby certifies as follows: The
undersigned Assessor, being legally responsible for the assessment of the described property as
_ Washington County Assessor, hereby certifies that the marlcet value assigned to the Commercial
__-_--- - ____ _____
Property on January 2, 2014 for taxes payable in 2015 and 2016 shall be $1,624,900 and shall be
$7,700,000 as of January 2, 2016 for taxes payable beginning in 2017 through the Termination
Date.
Assessor for Washington County, Minnesota
STATE OF MINNESOTA )
) SS
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this of ,
2013, by Bruce Munnelce, the Assessor for Washington County, Minnesota.
Notary Public
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432293 RHB CT165-21
EXHIBIT A TO
ASSESSMENT AGREEMENT
LEGAL DESCRIPTION
The Commercial Property to which this Third Amended Assessment Agreement applies is
legally described as follows; . . . . _ _ _ ___
Lot 2, Block 1, PHS/Cottage Grove 2 nd Addition, according to the recorded plat
thereof; Washington County, Minnesota.
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432293 RHB CT165-21
. . . EXHIBIT B TO
ASSESSMENT AGREElVIENT
Section 469.177, subd. 8. Assessment Agreements. An authority may enter into
a written assessment agreement with any person establishing a minimum market value of land,
existing improvements, or improvements. to be constructed in a district, if the property is owned
or will be owned by the person. The minimum market value established by an assessment
_______ agreement may be fixed, or increase or decrease in later years from the initial minimum market
value. If an agreement is fu11y executed before July 1 of an assessment year, the market value as
provided under the agreement must be used by the county or local assessor as the taxable marlcet
value of the property for that assessment. Agreements executed on or after July 1:of an
assessment year become effective for assessment purposes in the following assessment year. An
assessment agreement terminates on the earliest of the date on which conditions in the
assessment agreement for termination are satisfied, the termination date specified in the
agreement, or the date when tax increment is no longer paid to the authority under section
469.176, subdivision 1. The assessment agreement shall be preser�ted to the county assessor, or
city assessor having the powers of the county assessor, of the jurisdiction in which the tax
increment financing district and the property that is the subject of the agreement is �located. The
assessor shall review the plans and speci�cations for the improvements to be constructed, review
the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum marlcet value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following
certification upon the agreement:
The undersigned assessor, being legally responsible for the assessment of the above
described property, certifies that the market values assigned to the land and imp'rovements are
reasonable.
The assessment agreement shall be filed for record and recorded in the office of the
county recorder or the registrar of titles of each county where the real estate or any part thereof is
situated. After the agreement becomes effective for assessment purposes, the assessor shall
value the property under section 273.11, except that the market value assigned shall not be less
than the minimum market value established by the assessment agreement. The assessor may
assign a marlcet value to the property in excess of the minimum market value established by the
assessment agreement. The owner of the property may seek, through the exercise of
administrative and legal remedies, a reduction in marlcet value for property tax purposes, but no
-- city- assessor�- county -assessor county auditor board - of review board- of- equalization, --
commissioner of revenue, or court of this state shall grant a reduction of the marlcet value below
__ __ the_ minimum_ marl�et __v_alue_ established__by__the _assessment agre_e__ment during the term of the __
� agreement filed of record regaxdless of actual marlcet values which may result from incomplete
construction of improvements, destruction, or diminution by any cause, insured or uninsured,
except in the case of acquisition or reacquisition of the property by a public entity. Recording an
assessment agreement constitutes notice of the agreement to anyone who acquires any interest in
the larid or improvements that is subject to the assessment agreement, and the agreement is
binding upon them.
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. . . . . . _ . . . . EXHIBIT C . � - .
Copy of City Resolution No. 2013-115
RESOLUTION NO. 2013-115
RESOLUTION APPROVING THE FINAL PLAT NAMED
PHS/COTTAGE GROVE INC 2ND ADDITION
WHEREAS, PHS Cottage Grove, INC has applied for a f[nal plat for a subdivision to be
known as PHS/Cottage Grove Inc. 2 Addition, The commerciai subdivision which, will consist
of 2 developable lats and 1 outlot would be located on properEy legally described as:
Lot 2 Black1, PHS/Cottage Grove, [NC. -- -
WHEREAS, PHS Cottage Grove, INC simultaneously applied for a preliminary plat to be
known as PHS/Cottage Grove Inc 2� Addition which was approved by the City council on
November 6�" , 2013 based on the Planning Commission recommendation of approvaf; and
WHEREAS, the preliminary and final plats are included in an approved Planned
Development Overlay (PDO}; and �
NOW, THEREFORE, BE IT RESOI�VED, that the City Council of the City of
Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed
by PHS Cottage Grove, Inc for a preliminary plafi fior a subdivision to be known as PHS/Cottage
Grove Inc. 2" Addition. The a�proval of this preliminary plat is subject to the following
conditions
1. The applicant shall complete the require conditions in the resolution of approval for
preliminary plat to be known as PHS/Cottage Grove Inc 2" Addition.
2. The plat shall be modified to reflect any changes reguired by the City Council prior
to release of the final plat for recording.
3. The final plat shall include any drainage and utility easements required by the Ciiy --- �
Engineer.
4. Upon Future subdivision or development of Lot 2 Block 1 PHS/Cottage Grave Inc.
2� Addition and fihe completion of all required as-builfi surveys in the PDO, the
property owner of said lot shall dedicate public drainage and utility easements over
and across all public and private utilities serving a(I lots in the PDO or as directed
by the City Engineer.
_ _----- - --
5. The applicant shall prepare in a form acceptable by the City, all private
development agreements and easements related to cammon or shared site
components between the lots in the PDO detailed as ifiems a-i below and have the
document recorded with Washington County prior to the release of an above
ground building permit for Lot 1 Block 1, PHS/Cottage Grove Inc. 2" Addition.
a) Stormwater conveyance and maintenance.
b) Sanitary sewer
c) Water mains
d) Cross access fio 80 Street and Hadley Avenue
Resolution No. 2093-115
Page 2 of 3
e) Cross access driv� maintenance responsibilities
� Shared parking and maintenance responsibilities
g) Landscaping
h) Irrigafiion
i) Snow storage
�
6. The applicant shall prepare an easement in a form acceptable by the City, for
public access and firailway purposes over Outlot A and have if recorded with
Washington County prior to the release of an above ground building permifi for Lot 1
-- - - Block 1; PHS/Cottage Grove Inc: 2" - -
7. The applicant shall submi# fihe final design for the plaza and area streetscape plan,
a construction schedule, and financial guarantee to the Community Development
Department prior to the issuance of an above grade building permit far the lot 1
block 1, PHS/Cottage Grove fnc. 2 Addition
8. Installation af landscaping and plaza improvements related to the PDO for the site
shall be completed by July 1, 2a24 and be in conformance with the approved plan.
A letter of credit in the amount of 150 percent of the landscape estimate shall be
submitted fo the City as required by City ordinance. The financial guarantee shall
be in effect for one year from the date of installation to ensure the insfiallation,
surviva(, and replacement of the landscaping improvements.
9. The fnstallation, irrigation and maintenance of all landscaping and other approved
infrastrucfiure improvements in Outlofi A shall be fihe responsibility of the owner of
L.ot 2 Block 1 PHS/Cottage Grove lnc. 2 Addition.
10. The maintenance of all stormwater ponding and related infrasfirucfiure benefiting Lot
1 Block 1 PHS/Cattage Grove Inc. 2n Addition shall be the responsibility of fihe
owner of L.ot 1 Block 1 PHS/Cottage Grove Inc. first Addition as a component of the
common utilities approved within the PDO.
11.The applicant shall comply with the recommendations cited in the engineering
memarandum dated Sepfiember 19, 2013 firom Ryan BurFeind unless waived in
writing by the City's Community Development Director.
12.The final plat shall be approved and recorded prior to an above grade building
permit being issued for fihe property.
13: The area charges and related development fees and charges shall be paid to the
City by the developer of Lot 1 Block 1, PHS/Cottage Grove Inc. 2" Addition prior to
the re(ease of an above grade building permit being issued for the for L.ot 2 Block 1
PHS/Cottage Grove Inc. 2" Addition.
14.The Applicant will be responsible for the instal(afiion of the landscaping, irrigatian
and other required improvements in Outlot A and the removal ar redistribution of
earthen material stockpiles on Lot 2 Block 1, PHS Cottage Grove Inc. 2n Addition
and the preparation of a site restoration and management plan for said lofi.
Resolution No. 2013-115
Page 3 of 3
15. The applicant shall install required erasion control devices around all areas of
exposed soil on Lot 2, Block 1 PHS/Cottage Grove Inc. 2" Addition.
16.Vehicular parking from uses on the site shall b� prohibited on 80 Street and
Hadley Avenue.
17. The plat shall have been approved by Washington County for recarding prior to the
release of any above grade building permit fior any of the lots within the subdivision.
18. Preconstruction meetings shall be held with the- City prior to any construction
activity occurring on Lots within the Subdivision.
19. Pylon signs are prohibited within fhe subdivision.
2QThe Monument sign permitted In OutfotA shall be limi�ed to the Common marketing
name for the entire PDO unless modified and approved in writing by the City
Community Development Director.
21.The appficant shall sign all minimum valuation agreements and other required
development agreements with the City prior to December 10, 2013.
Passed this 6 day of November 2013.
ran aile r
Attest:
�-d•f-�'�t.J /1�
Caron M. Stransky, City Clerk