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Home My WebLink About2016-05-04 PACKET 07.P. Cottage J Grove ��er� Pride and Qro�P�rity Me�t Clt�/ COUI'1CII CONSENTAGENDA Acfion Request Form �'P Meeting Date 5/4/2016 Department Community Development Title of Request Summers Landing 1st Addition - Final Plat and Development Agreement Staff Recommendation 1) Adopt the Resolution 2016-090 approving the final plat for Summers Landing 1st Addition; and 2) Approve the Development Agreement for Summers Landing. ATTACH MENTS: Description Type Upload Date Summers Landing 1st Final Plat & Dev. Agree. CC Cover Memo 4/29/2016 memo Summers Landing 1st Addition Final Plat Exhibit 4/29/2016 Summers Landing 1st Final Plat Resolution Resolution 4/29/2016 Summers Landing Development Agreement Backup Material 4/29/2016 Resolution No. 2016-053 (Summers Landing Prelim gackup Material 4/29/2016 Plat) Ordinance No. 959 (Summers Landing Rezoning) Backup Material 4/29/2016 Summers Landing Preliminary Plat Backup Material 4/29/2016 Cottage � Grove �hPre Pride anaeYOSperity Meet TO: Honorable Mayor and City Council Charlene Stevens, City Administrator FROM: John M. Burbank, Senior Planner DATE: April 25, 2016 RE: Summers Landing — Final Plat and Development Agreement Introduction Summergate Companies has requested the City's approval for a final plat for Summers Landing, which contains 55 single family residential lots and seven outlots on 24 acres. The final plat is phase one of a six-phase 383-1ot single family residential subdivision. The preliminary plat was approved on March 16, 2016, and the proposed final plat is consistent with that approval. This plat is located west of Hadley Avenue, south of 90th Street, and north of 95th Street. A copy of the final and preliminary plats are attached. In conjunction with approval of the final plat, the City Council is requested to approve the Development Agreement, which has been executed by the developer and current property owner. The Development Agreement is attached. SUMMERS LAND/NG •i ; i �,; = _.�, � i %��1 �� J �I�n �i bF' ��__ I� .`� � `¢ � il . ° � d� 'I�� i i �°:�'�:�.:,�;� ` ! e: .�.,.�,a...,.�,., .. :,r �..,, �,. , s, I . fiE a�.�, °^ . � ��--� I ,,,b,...�.�,.. .. _ , : i a; fi aa� .��,� y - ;:.��M..m�_ f � , � � _. ,� .;� , . . , . . .,. �s——` • � � �. , ' o �`"' I — a+ �� r:.. _ _ 3 ,,,,. � �'' ""' � . m �I` " 3 . a ��i t �l F ___�__"__i__— 'w� �.. r... ' w" . , � ' e. . . .. ' i .,...�-�.e.�.�.,�,-,.a S r___or___� ' .. __�_'_'. i"'__',v-"_' ,: n ° .o..,m.eeo.....<..., � � , � .e o R..w-.,.�..,�.� . � .��.�,�...�w,a, . ..• • � .I a . a n.,�..M.., � � i � �92 - ue � , I ; , vn.__� '____ . .. „ g'a '� II . �I , n�..�__ � �- n �i€ 'n ,�R� p �� ,'--D - � � i - � .. .. �F � o �II S � -�.. �i a .. ;I ymlF 'x � - „ .. � -em �� w`'�.� "� .� I .. Vi � S� E� ��bs 2�3 ��,w,�! f� I _ �e �� .'' a'%� rrj .� ;f g �i � w . , V`�— � � — 'I" ��a � -„� i .. a 11 — �... -�— � �" F ' - H SI& � , � , ., a.� .. .. .. :� °` �� i L�t� r� ��...��,�� ; n, §, �t �� S� g: , ';� � � � . , . . n „ � �� o' -- Y„,_,-y ' - � "` 'i � ..�,.ma '�--- , -- ---- ---- - --- , ---- � .� :.LouCKs _ 1 ,� � � ,_ - _ ,,,._ ... � � __ - Final Plat Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page2of18 Background The City Council, at their meeting on March 16, 2016, approved a zoning amendment to rezone 160.12 acres of land located west of Hadley Avenue, south of 90th Street, and north of 95th Street from AG-1, Agricultural Preservation Zoning District, to R-3, Single Family Residential Zoning District, with a Planned Development Overlay (PDO) for a six-phase single-family resi- dential development; and the Summers Landing preliminary plat that will consist of 383 residen- tial lots and 24 outlots. Planning Considerations The following sections summarize the components of the project as it relates to existing zoning ordinance performance standards, the City's Future Vision 2030 Comprehensive Plan, and other adopted plans. The project is proposed to be constructed in six phases within six to ten years be- ginning in 2016. The detail below shows the planned phases: - - _.__ - _ - -„ , I ,, i i� - �i� ic _ :.i _ _n �:. :s _ - :<< - :•It1_- � - . , ,,. �5 .: + � ii ,. � r90tI�:Strc:e.t S 4_0 h:S.t.e:e.t.S Q U ,, �� J3 �i �� 3q 33 3? JI �' ?i _�7 19 i8 I� I`� I � �� 76 'l.; n. I 5 �t Q+ 4+ , �- II J 1 �_ �. .. .`3 1'-' �, a -y "u ki� , Q � b �� i� � :a ,'� - 'r e y� �� 92n.o'�C-,'f �.r.. � �, �;r , s � �„ •� , lO J e' . �� IS �. 4� � � �_5 Z � ` • � I �, �• ::il �} d "` �' ^ �ir, 9_1�st:Srree.t 5,-,� n� � . a< ' .i �a • o i: , ,� C7ii'k�l.l r � f IIS �, ih t5 i" �� . � I � `�' � � J I�.: II.. ; ]:' 8 ] i. j I `i � �� 2 J d ' 3 L d=� z a : TIC��IT,F3E.t-$ �a '�� F,2rd:Str,e.et:S 9�2• , �? _ I_ 'I ' i ' 7 6 5 1 3 I �2 11 1❑ y ] i:; �n is � i �e Park A j i � � � � i2 ii ii� � � i: ii ii� a u n i .� - � � i� �e i� ia n r. "� Yad�: D 93r_d.:S,�1��e�t S � 93�.d-S�r.�eX-s s ,, ,: � ., <� , ,•. D s: . 1 :. :� ` �� c� �� 1 ;:� ;:, . e - 'h �i a i, �z ..� ,; � ;� � 3 ' I� ` , � � � , } - a� G �� a, 9�'rh Streel <,:; � : - �.�.____ a^� �f .�s ' �, � �� „ ¢ e ia ' o�R�+G ��r. e:� :�,'� ,, �' �O ,3 � � .. ;:� "+ E 4] - o C :i i��, Q �H i •,i C] 'F Ooll�l fl i I il �! Y � • i 2� i.� 1 -. `� Q1 �hl _ 2 i i 0 ;U1 1I ?e �: 1.-. �' 1 I �' �' �r Ili � .i " • `S �' B 1 5 �S � d � tt : IU7 ._ :4 17 9�fh,S'tree.trS 4.%ltt�.Siieel�5 � �h �� 7Q a F 7 n 3 i � i 7 :1 4 s E g iis ii ly ;3 �� 5 G�� uf�f 95`j��tr�.^:at S Project Phasing Map Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page3of18 _ _ _: _ .. ... . _ . -� � I `� �J � �� , u �, � ` �a _ o � . �, ��, �: � � I �: �. � � I :� � , �I �' 1 �.. l>1 L � � I � � ,:, � �•� b „ , � � � � �: �rading gegin� `� '� - ' � � z � � '� H r�c��v� ;,, �: '' F-,�il /�./I-�� ?I�� r I ` ' �. f_.. b. _ _ . . A , � � ,, t � � � , �`_ � � - ',a� � S ' ...' � ',.i , .. �. t";'�' � �� ` �t�—ti 3lfH .T�-. � +I / � � � l_f , � �� , �� , � � E �1 o r�p i e�,:_ P .HASE 1 � � 1 ��p��I I 1��! L V 1'�-. � � � � � � � � � � � � � � � � � � ��—�—r-�--=� Phase 1 —2016 Property Characteristics The 160-acre site has a combination of geographic features. The majority of the site is farmland and the balance is shelterbelt woods. No wetlands were identified on the site according to the wetland inventory that was completed. There is one agricultural building on the property. The site is relatively flat with drainage flowing toward the west. An aerial photo of the property is shown below: ��7 � r r i+'_- t,�-�� s�.r ti,l�i.-� _-r7l �an"'�,':r►« Q �..�tf�l '_.��l.+s��,AS,s� �.n �.i � � �,. �-:� �I:i�e. ..:��. a '�.J�'_*�_ *`l „V, �^:- .. _v+�w�+�.�,-r �� I ' PINEHIiL �\ Ft, F �I I � IF� � ! I ELEMLI.iARY J Y � r..1j, 'a f� 7� f l �I scHoo� * a !.'- �' I� � I �' .�'�� . � '�, _ i � i �S• : o i � � ,- ' . . I. -. ;� �� <' , �. „•; I � jc:l r JL;s�J� , ' �� , � p�� m�: �� 1�,f� � � � t. k,� �� - � � � I��'i�P�c� ��Ag . ,.a . , �. � ._�. ,_ II ��' ��'. �yar,� . ��' .��SRl��`,w.�.�FN�:L��ifi��a�:�eiw:: _ +rwr��12'R�(JI ..�,. �'�\`" Ij��"' y � i ' ` i II*��,s.1��n;�r' .n� . ��\�i� ..v��,. I I . i� rj,�af�� !��5��\� � , �� I I I�`. ��;1-n ;,�� t �i. +�ec:�l Y, , ,, ` ' � I II,'��:'i•a�;-�i. � I IH \ ' � � I� ` _-�{ �5.� � \�\ ' �� ' � � 'K`i;`F�i.r i�e�Y.�>! ; ' I i � �=��_•v'��x, ,�� I �1��y-��F�.,. � �rj R, �� , ' < <,,�r�:�-i ��, � . � I �4��'atursis`�g.• 1\ I� � _;..�i � ,��s��i�+�Rs�x� ��;�lf��.r�,,a., .K.��nw..Y �`„Aaa�i.+�r�t ` ^. �.._.._ --. �.--., (t:c��] .r�i1'� � •�'� ` R,��frl'il�r r�p.�-��E��p�.. ��:Z �:.a` � . .f�,. �;. '�+ ; r� s if..;. .� Contour Map and Aerial Photo Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page4of18 Planning District This property lies within the southwest area of the city. For this project, the guiding land use doc- ument is the Future Vision 2030 Comprehensive Plan. Staff looked at the guiding principles of the West Draw and East Ravine Master Plans for direction on community growth and development visions that could be applied to this proposed development. Land Use There are two land use classifications over the proposed site. The majority land use is Low Den- sity Residential and the balance is Parks and Private Open Space. The proposed residential por- tions of the plan are in conformance with the future land use plan, and the parks and open space is significantly in conformance. The parks section of this report will cover that compliance in more detail. The land use map below identifies the site and the two land use areas. �� — � r � � ,_�� 2- 4 � l, � ,. �... ..� �.� Y ��. ..� GYt}'8�i1C7Ck3��.t'y' .. . �- �:..' i � : Fi�V'J_LIhEES ± t : �.. ' `.=x t�Z`�2,{{YP R{Y.3�{� � # ��IY�$US�-�� ---i ��<��1 Ofll�l V'�11��a�>. s i��: NE� �1SE [ ��ic�It�rai �E�� i =, i2�€�I Res�c�:rtti�E Q } �w C}ertsiTy R��id��i�E a � J 3 rY .......:�5t��7€.YISI�'�+F��SIC��'(ktl3,� L�3 ...8 7 t.:: ��, ,. ..�. 7 �i-kgh C��naity F2r�sidentiai � } t41 tx��3 t.�se # ' ; E t � , C�rrrsr�r�rc�at , �.. r- In��ErE� �` � Transiti�rn P1�nnin�Area � } '�-�. Park�Pravate{}�+�n Spa�� t3f C�3u€se r-� � i �^ . 't�tississip�i ftiuQr Land Use Detail Zoning— Land Use Compliance The requested R-3, Single Family Residential, and PDO, Planned Development Overlay, classifi- cations are compatible with the adopted land use for the site. Zoning— Planned Development Overlay(PDO) Plan Procedure The Planned Development Overlay (PDO) is a tool that permits and encourages flexibility of site planning with appropriate safeguards and controls. The PDO does not repeal the underlying zon- ing classification of the property, but provides some variation to the underlying requirements only if the result of the variation is equal or superior to the results achieved with the underlying zoning standards. The purpose of PDO overlays is to accomplish one or more of the following: A. Introduce flexibility of site design and architecture for the conservation of land, natural features, and open space through clustering of structures, facilities, amenities, and activities for public benefit; Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page5of18 B. Improve the efficiency of public streets and utilities through a more efficient and effec- tive use of land, open space, and public facilities through assembly and development of land in larger parcels; C. Provide mixed land use and land use transitions in keeping with the character of adja- cent land uses in harmony with the comprehensive plan and the underlying zoning districts; and D. Provide for the clustering of land parcels for development as an integrated, coordinated unit as opposed to a parcel by parcel, piecemeal approach and to maintain these parcels by central management including integrated and joint use of parking, maintenance of open space and similar features, and harmonious selection and efficient distribution of uses. Some examples of the design guidelines for residential development under the PDO zoning are: • Minimum roof pitch must be a 6:12 ratio. • Porches on the front of the dwelling must extend a minimum of six feet from the princi- pal structure. • Residential garage doors must have raised panels or similar design features. • Homes having identical architectural design must be a minimum of five lots away from each other. • The front elevation must include a minimum of 20 percent coverage of brick, natural, or artificial stucco material(s) on front elevations. • All residences must be part of the homeowners association. • Landscaping for the project must exceed city ordinance minimums. The findings necessary for City approval must include, but not be limited, to the following: A. The PDO plan is consistent with the intent of the PDO requirements specified in the City Codes. B. The PDO plan meets the standards required for a conditional use. C. Each stage of the PDO plan can exist as an independent unit. D. The area surrounding the PDO plan can be planned and developed in coordination and substantial compatibility with the proposed PDO plan. E. Any density bonus is consistent with the density bonus criteria of the PDO ordinance. F. Any variation of flexibility from zoning standards most similar in function to the pro- posed PDO plan must produce results equal to or better than those achieved by the applicable zoning standard. Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page6of18 G. Other factors related to the project as the Planning Commission and City Council deem relevant. The Planning Commission and City Council may attach such conditions to their actions as they determine necessary to accomplish the purposes of this section. Zoning— Lot Width The last several residential subdivisions in the community, including this project, were designed and processed as Planned Development Overlays with an R-3, Single-Family Residential under- lying zoning classification. During the review of concept plans in other areas of the community, the Planning Commission recommended that the average lot width be a minimum of 75 feet measured at the 30-foot minimum front yard setback line. The minimum lot width in the R-3, Single-Family Residential Zoning District, is 75 feet. Both of those plats met this criterion in their preliminary and final plat designs. The lots in the proposed plat average 76.51 feet in width. The following detail identifies the lot width distribution in the subdivision. � �c i � �� ¢ , .,. �- - — ; - ,. __ r / .. � ,. � ,� M ,, � K�� c n��z ' f'� " ., .�ro�,�.�. � ("s,ti �. -� - _ ,, , A .,, , �.��M M�R� ,. �, n,, - -_ ; �^� -- _ ,, I LANDING � �', � � � ' �,�...,,F.,S , — z �+ ,�,,,,,��,.��.,� � ' � — �: .��, � , w' �` ., � tP� �� -- � ' 70-71.99 Lors , _ --- - _ 72-74.99 Lors �,�E�k P��, �� LINCdH PARK 75-79.99 Lors ;n�aE, r:,�,A.R , e;k�o,��>�� = - 1 'a 80-84.99 Lors _ �y`��;��`. -- _ / � � SS♦ WIDE LOTS �, ,� _ � �: ; Hoa o�T��75 `� ��,. , „s ,. .�� ?�� I�..r�,. -`�� .�� - � � 1 � ,\�� .. T�� .. �. u,.��.F�� " - ��.,i��.��. , . �� r � r.. � � _ - �^ �� ` - � u� ` _ � � . — — i ,.:t � ,�� w ,. ., „ .- „ „ a ' � . . . .. ,�, �_ �, . ' ,` h �'��'s ' _ ,� � F �r� � All lots will accommodate a minimum 55' wide pad s�,n,�r,..� , �,-_:. = rll rni-r�,�;� !nt . �i-� ?t I�,�+ Q�' �� i�� at rl�� f�-npt c�tl�,:_I. �i,.i�, Zoning— Lot Setbacks The applicant is proposing that the setbacks for the habitable portions of the homes be a mini- mum of 25 feet from the front property line, and that the front yard setback for the attached Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page7of18 garage be no closer than 31 feet for the front yard and that the minimum side yard setback be 7.5 feet on the sides, similar to the setbacks allowed by PDO in the Eastridge Woods Subdivision. Zoning— Density The preliminary plat proposes 383 lots for detached single-family dwellings, which is broken into lots with an average lot size of 11,314 square feet and an average lot width of 76.51 feet. The resulting density is 2.40 dwelling units per acre (gross land area). Subtracting the ponding/ wetlands and major road right-of-way, the density increases to 2.69 dwelling units per acre. The density range for a low density residential land use designation is one to four dwelling units per acre. The regional goal for net density of this land use designation is three units or greater per acre. Staff finds the proposed net density conforms to the approved development policies in the City's Future Vision 2030 Comprehensive Plan for this area. Zoning— Standards Comparison The following table shows a comparison of the proposed R-3, Low Density Residential Zoning District, and the developer's proposed Planned Development Overlay (PDO) requests: Current R-3 Standards Proposed PDO Minimum lot area 10,000 sq. ft. minimum 11,314 sq. ft. average Minimum lot width 75 feet 76.515 feet average Minimum side yard setbacks 10 feet (house side) 7.5 feet 5 feet (attached garage side) 7.5 feet Minimum front yard setback 30 feet 25 feet (house) 31 feet (garage) Minimum rear yard setback 35 feet 30 feet Minimum Corner lot width 85 feet 85 feet Minimum side yard setback on 20 feet 20 feet a corner lot The proposed R-3 District and its development standards as highlighted above was used in de- termining the unit base count for the site. The PDO is intended to promote creativity and land use efficiencies that will still be compatible with the future land uses in terms of need, convenience, and service. Environmental Assessment Worksheet(EAVI� Based on State statute, a subdivision with more than 250 units requires the preparation of an En- vironmental Assessment Worksheet (EAW). The EAW for this project was approved by the City Council in 2014 and included a negative determination of the need to prepare an Environmental Impact Statement. The excerpt from the EAW, shown below, on the purpose of the project con- tinues to be a good description of the project that is being presented in 2016. Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page8of18 d. Explain the project puipose; if the�roject��rill be cari�ied out by a go��enmiental unit, explain the need for the project and iclentiiy its Ueneticiaries. The prr��ose of the yr•�ject is to addr•ess car�d�7�eet de»�a��d f'or si»gle fan�ilv r•esiclef�tial horrsif�g tia�itd�ij� a I7ig7� qrralih', I�igla a�r�e��in'p��oject. T1�e a�7�e�7ities��ill rnchrde a Ii�7ear�ark i�� tl�e ce��tei� of t1�e clel�elo�me�at. Td�is li��ea��ar�kpf•ese�7�es a ��atrrf•aT east-�n•est g��ee»�•a�'tl�at that��ill l�e sa��ed as a dedreatcd�u��k. Declic�cxting tl�is grcet�h�ay�»'oteet,s tl�e tt�ee,s hl' li»�itiy�g de��elo�i�lej�t ei�cr�oacl�me��t�n�l�rle�r•o>>idir�g for��a r�eu��rblic tr•ar1. The tr•nil�•ill be constr�rrcted h•itl7ir� t1�e lis�ear�pai�k pf�o��idi��g a�cess ��rn the itlain f�orth/,south ��oad and dei�elo�»�er�t side��alk-,s to a r�etia� �rrl�lic�ar�k Iocated at the��ester�li' edge of the�r�oject. The del�elo�mer�t of tl�e ��c�1�prrbNc�n��Ic �a�ill featrn•e nf� o��el�look of tl�e ri��er l�allei��. Transportation— Major Road Right-of-Ways/Access The proposed project is bound by two major roadways that are identified as major collectors in the City's Future Vision 2030 Comprehensive Plan. These roads are Hadley Avenue and 95th Street. Additional public right-of-way is being required to be dedicated along these roadways. In 2008, the City completed a roadway plan for the extension of 95th Street to the west. This plan was shared with the applicant and the preferred alignment is detailed below. This alignment im- pacts the southwest corner of this project. The construction of this roadway will be reviewed during platting of the additional phases. .:�. �, . tia�- .m, � „ r I � �"" ..� ''� ,�� ..T _ � '�. .nra ..-- ' ;'� } ,, � r t .�s 4k��• ...r. �,p+'u�ltT;r*'.rtu.�...� .,,� , . �.. +y.� t, �i' �s: .�f. �,�Y..�,.,..,� y�r Yi ,��.. .,.u> . Y��. W .,�� - _-- ._-..�� _ .—T_. - . _._— y 3E � 17jP �: .s a: `�� c' '� � k `� .,,,_ ,�.� � ��, � ,�g . � , S�Nanlund .,,�> ,,� . ��Z� r�;;,� ��.�� ;�.,.�,, ` Parcel ...A � � � �+ � � _� � r, �fk'�ft'�.�.,,,.i �-'�i`' �. � ��i�� ,,� � �. , + � �k`i:,�.�WT� �'�T,�,' Y �� - • . . ,��,• . . • � . .«�,., .,�, „�< '`�.��;�: � .t„_ ,a� � \ t ,�• ' _ ,,x��,` y . � FCW CEN'E�LtiE '�J f?AOIJ- `� � � y � n� NIN..M�URhNC R\�uJS OR+-5 5]�'�A➢�JS. Nesvig . � �� ir, 1 � � W L�'� 6•.LND LAAL '-�. � . � / vnx�a�.M su ..r._vAncN o. ��r- �,� .,,,> Parcel ,,,, ��k��,P'k �.: 'Ta'r�"�� F�r� , eh.a �� .r�v }(- ��T,�}� `��\� .e�•a HUV�'ARt#- 12.1f19 E9 SO fT ••'s' � .n.i ` ..�� r� r .�y, 1.Y0 AC9E . a JI ,,, s .� Y � ..�„ � i'^ ��\� eH.��s�ow�_ PROPOSF:� � -,.a. -�, `�l;i at , zev�sn�.ow cs ,�o•Ro�n� j�/(��J �'\� . �/ '"u .?�„. 'R`,�' ��e �I .,.e� .�I �:+Y.r '. . ..�,.. ."��'..'.L�l.,.",,.t��1..�.�� .y� ��y �� '~ � _ __'.. _ . . . - • . 95th Street �'` � ��.(-k� Bailey �o - ��, - ' � _ y a, � � t � �''.�~;�'� Parcel � � � ..... �� !�+�"��'� r ,.r .._ },.t��. '.� .. i ,;, FUTURE 95TH STREET RIGHT OF WAY — CONTOURS WITH AERIAL Transportation— Local Roads The proposed local roads are consistent with the design standards being utilized in the East Ra- vine Planning District, which includes a road width of 28 feet face-of-curb to face-of-curb. The Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page9of18 project plans also includes interconnections to adjacent properties. Consistent with City policy, a temporary turn-around are recommended to be designed and constructed at the dead-ended streets on the site. The street that runs north and south through the proposed plat, which is an extension of Grenadier Avenue to the north and Mississippi Dunes Boulevard on the south, is a collector roadway is designed at 36 feet in width with a 66-foot wide right-of-way. The preliminary plat details landscaped islands in platted outlots in the cul-de-sacs. It is required that the homeowners association own and maintain these islands. The islands shall have irriga- tion provided to them. The developer is responsible to dedicate the necessary right-of-way as shown in the figure for the 95th Street Extension. The developer shall be financially responsible for a portion of the im- provements to Hadley Avenue and 95th Street as necessary to facilitate the development of the site. A traffic study completed for the project as part of the EAW did not identify any negative impacts to the City Transportation network. The EAW traffic study can be found by following this link: http://www.cottaqe-qrove.orq/docs/eaw-traffic-study.pdf. The percent of traffic generation from the project is the basis in which the cost participation formula was determined for the improvements to 95th Street and Hadley Avenue. The City's Technical Review Committee recommended that the street naming for the project be consistent with the Washington County uniform street naming criteria. Trails The eight-foot wide bituminous transportation trails along Hadley Avenue and 95th Street are the responsibility of the applicant and will be installed as a component of the reconstruction of those roadways. The City will maintain the new trailways after they are turned over to the City. Con- sistent with the comprehensive plan, the concept plan identifies recreational trails in the planned park dedication area. The developer will be required to finance the transportation and recreation trails as a component of the Planned Development Overlay. The trails in the project will connect with existing or planned transportation and recreation trails identified in the comprehensive plan. The proposed recreational and transportation trails are identified in red in the detail above. Sidewalks The site plan identifies sidewalks consistent with City design standards, which is a six-foot side- walk on one side of local roads. Cul-de-sacs are excluded from the sidewalk requirement. The street that runs north and south through the proposed plat, which is an extension of Grenadier Avenue to the north and Mississippi Dunes Boulevard on the south, is a collector roadway and will have sidewalks on both sides. The sidewalks for the project are identified in blue in the detail below. 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" ; i � .....� .,�}".', .. � ro � . ., , �: �� '"••.. - . •r'�. ;. �.t; ._. _ _ _ - `-'.�, F . �. 4 . -�— _. _. —+ t' . �' � � � f~ �a r' ,u n . . f. ue �H i �x �w� ( ta _� r � ., � m . � �� i _ � � _ � � e + '' � � �t � � ,. r � � f,,x * , , � t � .. � F _ „ � � :� M � ' STc�w,.� �,a � � �� ` , �� r �. `f , � �r�� :`*,._ j'f . ,�. .�.' � .,_:-�. : N,� fr r f ' ��jt � � '-�- y t . } . .� �, � � „ ........ � �.� w '� � � .' t� « . e, � �x , . �. ; .. :• � ra�p. ..f�} .. 4 �� i ; � . ' � . :' y �i5 � y ' �'z { , 4 s� ; r . ��fh�t �' f [t �. t ,� 5 F�� N , � t , , ,� � � � . _... � ,� � ,�3 � .�- _, _ ,ll x � � ., � �rcr�wa� � , v � � w w �_ � , � �µ ��. „r y. � {i „ t. i �. : : ; � , ; ...� _.. , a µ ,`' � ,, ,.� � � � ' E � �� ; rt � ° �� m : �, ,�. ,A , ,�. �r .� .w � W tf � E � ''. ,� r , � _.�.:. �::::: �� , '��,, ... _ � .- .' w. ... "'- _ _... . . _ -- . .. �..._ . . � cr r ,_... ... �.,✓ ��,+y -T�.: an . , . .�. ._......_ , � -.. ._.._.,... - `;�....�, » ._ � .* ... . . . . y,,:a ;�"' - . , � . , t�t}uYtCST F' I.Et�ST� -.yrv r#y'y r r." ' . ao- e � ., � a e � � � , s � ,. �.. , ;`� ' . S iS't��'i�f�idk'��}�35Yt# �.� .,. , �� , (I�j .. .,� . ; . .: �G WI�.. (..�� . ' ��. � ~��t`"--.-..,. f.....P�3ifE}�SYMST S 17£k�K:�V..1x6'}il.€'��: � ! : '�'R€7I'{]Skp'�574IST.S.t�EC}ICttTEL�'R.C.SY.�,-' .——.�, . .... . . ..... ��fl'.� 3t y � .,__. . . � .. . .. _,:,. , _.. . . . . . _ . , ' -- _ _ .--_- .- . ._ ti - ..-_ � Sidewalks and Trails Detail Buffered Landscape Area The City requires landscaped buffers along all major roadways. The proposed concept details a 30-foot wide outlot buffer along Hadley Avenue and 95th Street, which is consistent with the rec- ommendation of the City's Technical Review Committee. Installation of berming and landscaping is recommended to be required within the buffer. The established buffer is proposed to be under ownership and maintenance control of a private homeowners association established in conjunc- tion with the subdivision. The applicant has created deeper lots along the north property line and minimized grading in or- der to allow for the existing windrow of trees to be preserved as a buffer along the existing Thompson Grove subdivision along 90th Street. This action was encouraged by the City. Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page 11 of 18 Tl'FIC.�iL SECTION ALO,VG HAULE7'AVE. SCALE: I'=10' �n�rtu.n. nn'bIRLLI�H.U,��1'. �s��'t(JI I11P111 (7l-II<.7f 80'HADLFYIt.O.W. ,� . � � ^----.�-- -----L — ---- ----�"`�-� ----�— — _ _-�-__ — Fencing As proposed, decorative fencing will be installed at the crest of the berm within the buffer outlot. All additional fencing within the subdivision will be required to be behind the berm at the toe of slope. All fencing installed by the developer or homeowners along Hadley Avenue and 95th Street shall be of the same design, color, and material. Wetlands The wetland inventory result was that there are no wetlands on the site. This site is located within the South Washington Watershed District (SWWD). The Watershed District is included in the stormwater design review process. Public Open Space The City's Park Master Plan for this area identifies a future parks and private open space land use and a public trailway corridor. ��,� �, ��rt , = � � �� - ��, � � �� ,J,I1 �;,�� e�; � ;�� 9 � `� � ' Le end � � v„voaux,aroox�sw«� e � r.M,moa�sww ♦ � i � � � � � � i � caico„so � �� I . � nvsu.�w�A�w� �i �5 � ■ � � � 0 �;�.aa,��n 1'�- � e , a �1 ,� �o� .�, 1 �' '�t — -_ :`�fi>, �y � �, � _ \�, \ i��-', �� O�� „ � � ' � �� ` �%��_ � , ^� �U� 2030 Future Parks and Open Space Park Master Plan Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page12of18 The public trailway corridor threads through a large windrow of mature trees that runs from east to west across the middle of the site. � - p r e e ' 9 r � _-'-- i i n • I _-— I i ' ----' � --' -- - - - ,-,... - --- -- - - -- -- - I ' 1P -- - - - � - - - �- e n yf ` --__ __ -- — -- — -----------' - ----._— _ _-----_' , e • ' � r _ � ll o a e r � a . a e + i i : n o t . v ' ' ! I- I ,,, . � � � i I � � -^"�'� I � r \ ` , ,` \�,_f� �:��6 _ . r �r . � , I \ �_ _ a�F�r _ _ " r � j = 1 \ s . � ra � ° --- � �- I � n p o a e a r . r � '� m v � s N f� r � m _ — ._ . '�� '' ------ _� � � � _ -- .., ... ; . Phase`F---- - ------_._ � "___- - ^ �- �, v- __-- � r ' a u m a. .� i I Y --tt� �---'-- � � � ;w ' . I � . a � � i . ao .'I � ��r �° " � --- _—_�----� " � �� I j r .. � r� � � � l` . -- ae , r . � r l ' � Phase 3 -- � � a tl ,� v « � i y' . r�•, ` L I - __- ` n -- ae r I . _ � ,� • I I �°. :n - . ;'�< � _ � i — �� w mr c I - .i� � a � �e � � � . a ` . � . . .�.._. � �" r � I .n .. . n � �-- x s� � _-. �'� � N m aa+ � � '' ' e � - n I � r 9 . �� - . . — � p @ N !C M 3 �. i � ' -. _ A•. i -- o e+x b sr a . � I' " � p Ao � Phasa 7 � N i i � � � n �� ._- � � � � i- i •��» , . '„ I b r ..''�, r�:p . .. . . I f r c � 2 ' � �' F � '�a a r s e � e + I � ` s e r ♦ lq H :i � �N. 1'_'_I '__ I _'. �'� ,�• � I I. � . � . '__ — ...,.. _- . —__ ...�• I (iNK� .� I � I ---. —�------ � - --- -- _ I_ I I I .. � a a a . � I � s • • • s r a a a a . re F n � . r a i a • _ � - � � � ---- °'"�'° � � . . . . °wa`" — - -- � � Proposed Public Trailway Corridor . _ R;;� r�0� ��' � �'��'' . � �. . �. ,'� _ ,_ �'��'� .�' �*�''�#�.�!��_Y_ . ��•� . - _ � . n �., .�� .. � ; ,��V��-��'�'� ��_ .,� :�: ,;� � _�-. � :; :r�-,�,r�' '��, ? :I ��;? L �s,. , .. ��` ;� '� � 4 4. ,{�� •� !� ' � Existing East-West Tree Windrow The applicant has submitted a design for the active neighborhood area that was identified through the site development process. The size and improvement details are currently being Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page13of18 negotiated as a part of the development agreement process. The detail of the active park node area is shown below. -� , . �.. �t � I I iy k, r', 5 ti l I vh -�t�_�- F r�r % �` F �✓,�..-- I � �^-� � } � ,l ts � .v,�`� '+�e�=-: ..,- ,`�.. , . .�r� : i .. , �`•.� -� \ i � .. �, : ,. ... . * , `. � i +. . � � � . � �k:'F�� _ - -8;�`�-'`��'�k".::�a �� f� yB `�:'�;:.�. .� �rk ' y � :��.-�1--,,.. � { ' �F-�_.�:F-,,� _ �. r f' # \ rfr �'I I .. li � I�'l.tl:',I�i - ' ,F:�. � ;f'�e — -._ '�' -r.n�xy;��, - .. ' - - - -- - �-'--'�.r- I �;�,.•>:51;�, ..t. .: I �� .:.- i,�s`^ � _ '�; �, ''�' �:. � I ,.:..� r�.�,. _:�, �: �.��., � av s e r ' � =�;.-,_ .-�� ° ;,�;.� -:-�� - - , � �r , �.�� ,��kh . •.•.��' .i.S # �' '�5 y _ _"I-_ _ .i'__ - _ . ___--_ __ �:;�s.. � � 5 �I7f_`��.�til ��Y ��. r=>. �. '��,;ti.. ,.'�,��{ 13 '•t _ 1,i'__ ' _ IIL ' `�':`:�Vj..tM�:�`.i:L f 1«..'n.},:FJ'...�' � ' I , . _.� ..n. . ' ... _ ...�._— � �_�� ' �� \�: 'j�:�;�� SSj�k , �ti~ , - �S .... � - - ,7,� � ____ _ - _ - _ �a sn.: G4r•r^.I...�.,. _ -- _ - " " ' ' -.. . _ . ' .,. ' - '�� _ .__ .�x _ (�'_�\��. ,..,�I. � ��•.t�ti"..�� . - :,� °.±F, � - _ �� S..l f:�.�'4`I'1��'`. L�' �:� �n, � � - - _ _'. -__ - - --_i. . -_ _ _ - �' �' 1 �s"_ '. _- �" ' 1� 4Q � .38 r�8 SP ��' 4� � � :�J��- .. �,5 42 �'� 41 4 f �� •�s � `1 ��, � '`` � � '* 't 'i I - � �� \. . .�� ` 'S i . �- ': .� !' ��.f \ 5�. �.�` — — �� . . � � �� 4<; FP f � �� '�� - _�-=� f 1 a� � �' �F_ 4,.� '•.._ / __ 1'..� .; �� . / . � � � � � __ S:� ' - �� T.... -. _ 1 _ } � T � ,w.,�in i�u,Evc.�:�,i:t.�sti 1 ��i � , / � I r----------_ _� � �� ` f /� � � +7 : ;. �� y ---_�_ ' 8 � / \ r -----�- �� ,} 2jp � ~'7�--_. �1C)fih�1�5,v�`��'+ IEI� __—="`- - ;�-_ � � �rr 3,4 � �'#� � � �..t � � �.+��Ily � �'T— I'__�_' "_"___ , � I � . �.� '] - I 1� -'_ ' _--__ _ _ ' 6 I __ Active Vista Park Sketch Detail The preliminary plat includes 10 acres of land to be dedicated as park and open space. Con- sistent with City policy, full park dedication credit is not given for dedication areas containing wet- lands, tree preservation areas, and steep slopes. The minimum land dedication based on the City ordinance is 10 percent or 15.31 acres. The final dedication credit for this project has yet to be finalized, but will be addressed before it goes to the City Council. Utilities The City's public utilities are currently available for the site, but a portion of the project design re- quires that a sanitary sewer service located to the northeast quadrant of the site be utilized, and this connection requires the need to cross School District property. The City is assisting the de- veloper in securing all necessary easements to facilitate the appropriate trunk sanitary sewer service to the site. The developer is financially responsible for all necessary trunk sanitary sewer to serve the site. Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page14of18 •.r �I� __------ � :� PINEHILL 1 +: — � ._,�I` E�Eh4ENTARY � �. SCH�DL � � � ' ' E(L�TIM1IG S,aNITARY FIFw � -..... � ` _.�_�_— i � � � 'ROPOSED SANIT,:icY EItTQdSION � � � C07JSTRUCTMANHOLEO�lER l � � IXLTIlJG SA"JITARY PIPf � LU �f' �� I 4C0 Lc a00� 335�F EXLSTING �� ANITARY � -- ' _.___ � � � M,4NHpLE �l � tf� � W , 4 ' �� , � � ¢ \ T Eastern Sanitary Sewer line extension Route A trunk water main is planned to be extended west of the site to provide additional service flow and pressure to the tank farm northwest of the property. A preliminary report identifying the scope and cost of this project has been completed. The City Engineer and Fire Chief have been coordinating this project. The applicant will not be responsible for costs related to oversizing this utility or the westerly extension of the water main to the tank farm. The final utility design for the project shall include utility connections and easements as directed by the City Engineer. Stormwater Management The stormwater management plans were reviewed by the City's consulting engineer, who reports that the areas dedicated for stormwater management appear to be adequately sized and that the final project plans will be designed to meet the South Washington Watershed District (SVWVD) requirements. Grading The applicant is looking to phase the grading of the site in conjunction with the platted phases of the project. The review of the grading for the entire project area was completed by the City's con- sulting engineer, and it was noted that the project grading as a whole will work in an efficient manner in terms of balance dirt and conveying surface water management. As each phase is developed, the final grading plan for that portion of the project will be addressed. Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page15of18 � Copher State One Call x = —_— __ -- `� z a, - � �.�av�..s �,vu:F....�r. �Y-- — -- --- -� - ==+.e: i . . „ � . �- , / /� ' - ,�r.._ �� ,fi ,. . I i�7 / 1'^ •- --/ . �� F�� I - �-r _ !I Ii ,. .,.� , ...,,,.,,r,.,, . �� i 1 �: '�'' / 4'' � z _ i ! �- .,�...... ...........,.,..,,.... ';�/ �/�i '� � .• •T-- T -�(� ' j '.-� '" , ,., .. � �,.. ,......_�.. , .�.r_.. Ili�"T�I I�� I��i � ,. � ��j ti- �� ta �� ;,ea � � � �.�� _I � ,� -Y � k � ,a � ��J � � s ti0�1 + ;J. _ � � _ � Ili �!��I� ��,'i , � ,� � ,..�� '�'�- — - - - �� I i 1 �'/^ 'w .b. PRELIMI`NARY �p3 � � 'i !�. ill r l� o. .I - � � :.r -- -- � � � —_ ;i '�: + F+r �'� ��. �� f+ i�.3 � '•i i ;' � _r� .I I i . j _ � .ii! r�' •'h'� -i- �' 'k' �`�-- -- - ---- II , i %/ - ` � # .!.,I �, -t Iry �- � - -- s 3'"r � � -. _,� o � � �'�` t � I � I� ��F� i -� �� :�� F��e �d�q � � i � i� �I - � � y / ;�'�� . �� / �� ..I � I [ I ' {�� jl � \\� \��` _— /,/'..d/ �• _ � ` I' -� ��Y-+ •� � .. — II I 7I � I � �F� � �I I^ \v ` �� iE� � .0 - � ��'�� I I II I ' ,..w,� � �� ' I '� �� ! n � �� j � .. .,�M.� I __i� � - - - f I _ _1' +� ' — --= 3 I � 'r �e �i s�, y I� ...� �_ ---- = I 1 —� _ - - � ---- ...,,._ - � �y' t - --- . � �d,� I Y — ---�_ ------ ='� �a°e � t� l.� ,.a — _� ___ i', � �,..,.. -- - �, — � -- -- � I1 � ` � � ,� � - --- __ — = ld' �•-� "' � �! i r' +,�a �i j '�i I - . ... . —� Iv /P �I �! .. . �li ' ' . �. ' ___ _ _- � � � .r , - - I � ��, t:i_ � . _ � I - � -� ._ � , a � � � � � . �I � _ _ � - ! ;� ��_-- - P � .;�� r l �c' a i i � ^ � � � ' � \�!'' i ��' —,_�-'�' .� � ,�.• -�`�L� l i I � K .w I ��,<..'� f Gy � N�f -.N:� — __ _ y'�IIY..Sia$[�.S[L_ _.�i` _ _- '��' J,J� f ��eeP .f I� I X1ll..[¢. . .\ I• � -'F ._ 'f _ ___ . e� i� � S� � � ,� �� W. � y I _��` I � _�� 't�:, - �I� I �� II -- .' r W _. .. .. � .. �. , �.1� �Pd � I - �: a� L . Y _ � 1� / � �� s �-s�,«,+rs „ +' �J - •1' /,o; I � �� „- .�.�_ I . . e.w . -r-_. 7. . _• •!/ - — '��i - - _. - - _ . �` - _ - - ��..- . .� - - .x. T - `�- � e ,� 4. �6 . � ----- -� _ .�. J�--�- _-_ _ �------ __ -- __��' ; Iy, � - 951n Ireel Sn. .. �^.. .< ,'�' . — - .-. .. ��._�_ ._._._ ' .=. . . '_— _' -: -- _ ___ _. �`.a � � -- -- -- ---' — -- _= — _- __ = 7'i i J! aZ I x i i. PRELIMINARY GRADING PLAN Proposed Phase 1 Grading Plan Tree Preservation The perimeter and center of the site currently contains windrows of mature coniferous and decid- uous trees of varying species. Some of these areas will be removed based on the proposed grading plan. The proposed removal quantity was calculated utilizing one of the approved methods in which to document existing trees on a site. The ordinance allows for 40 percent removal before mitigation is required. For this project, the required mitigation is for tree 573 trees which equates to 1,146 category B replacement trees. The trees onsite mitigation planting areas are identified on the project landscaping plan. The City Forester has reviewed these plans. 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'� f� � + ' ... s.: , � r ; Y S . � ', � � "w: ' � �1 � F .� 9 i ��,. ��*{� � �. � � M J . .. t #. �II �� 1 � ��a � i fi: �� #,. * , �, � . .� , .. . .. . . �.'�._. . . . �:�. 1 � �. � �w�,.�.�.«:: ........�«�am...« �� .,.......w..«.«..... aaaea�. ...... �...«.«.«. .«r�.. ��.�. ..s.�. . :� f �; Tree Inventory Detail �.��u: {rrw�wr��xFy�y��rrr��rs�rw��rsa�rrr*rw��rrs�r�s� � . . � # INt�IV#t3klAE,�'Fl��G�N� ��... .�E..�...��..�...�E......�....� ,.�'L��V�S PLf ABEA WITH IUG�TIt?��M�ER AR�A t}�°€t��ES'C�#�E�AVf�} — THE�f�A1C�3L+tT�[}h��a{3#+1�}� ��T�MfiTE�?�1I��R G}�TREE�G}i�'�ITE 4175 Ti�EES IM�LU[?E?I#£ES�kEMCSwE[}G�E Tt} RwO.W.�3R 1*4RK#�SPRt}4[ME3*1TS I�3 �5'�PMt�TE�}NU�k6ER{}�TREES SAVE[} 19�2'TR�ES �ti�k 'A�I�NS N{J�E��Lf�W. EST�hFl�T��}NU�+kBE�tt}�7RE�S R�t�f3u��3 2243 TYtE�S �u�aw��r�c�v��{ , � i�� M�TIG,�iEt7�1 REQtSN�tEI� 573 TREES CA'EE�ORY�TREESRE�2�IRED�1:�ft,�11C,1} 1145 EE� R�F�F�T�t�A�II�SG4t��MAN�[,�3t P�C�PCJ��G��+��k4�ltT1�1N� Tree Inventory Summary Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page17of18 Landscaping Consistent with landscaping requirements related to new single family developments, an addi- tional four yard trees and ten shrubs are proposed to be required per lot beyond the required boulevard trees. The detail sheet below identifies the tree mitigation planting areas. ------- �- - -,•- > �-- + _�.�.�- �. . �II IL_ I . .'•r "••V•,• .. I JL_JL ' !LI �\]�� .. ____� �..` ..'_,_.��._ _ ..._.___-J...�...��.F��._` . - I� - �Y% � . � I. . . 11 � _'___ � II � ' ' __ __ t . . . . ..:�. . - .. . . . " li 'i ii il } _ _ ' .. . . �> __-____�� _ _n -i � I -- � -� I � - ��.�y'� .y R�� . I -- -- ' ' ��r��` i -- E'- _ _�` -- -- f� , sYr' - - = � r �` _ -_ ____ � � - ��'�. � �� ,�- ; _ �r` ,� } -- � � � ..: � r . . -- -- - I) � .. �°-----�� ;---- � � —— . -- .�I - "+�_ ` ,� • �c . . . Fr'i� � i � -- - I �, r�, f -- ---- ,�. t; �, .yc�� y' 'i;- �� :' � . , . -- ___ �`� ,y.,oY�_ — — `�---- "� -- i I � ', _ --� . ----�--� - � : �.__.._._.-.-.�------ - � � , - : �., �� _ _----. � ,�: '' C.`� �' �r—;"_-==, � mF-.` ,��f .� � .,,.y,` :_._r .. . ..� _' t.� h 'r` . . . , .. ,�." ��._ ..II ' I�._.-.�.-.^-•� ;s: � . ..,..�. ��`' �� I�'� �� — i k �% � ,, �..�, . . � .. . � �� l�L� � � r �� _ _� ��'.� . ,~ ' --- ---- _� ----- � � � �� d� - � , _ I I; I I_I �� .' ` ��,; . � � ` LI ��=I- . P ; .�.' �;o�' �f� � � �� L� �- , a� � ❑ < ``, yx � `� ��_ �, _J � ' = I� �i �� --�� ' { �'�� _�r r '�?s�`'�I{I� - � _ I�` �`3� - ,�- �, ,� _, �� { +� �_,�_ „ . __,� _.�I.--' --------- _. — \�j� i6 � �� I � �� I � , � � .. �.. . . . . . .. . , -- -�— --- - -- � r�.�,•9•.,�a,+�•.5e�` -- Landscaping Detail PLANT LEGEND: Sl'M1IBOL Ql1ANTITY' NOTES � 9i TRC[S PLANTCO IN MISSISSIPPI DUNCS BLVO RIGHT Of WAY. '� 254 CONff[RUUS TRCES PLANT[D IN TI I[95TI1 AND IIADLEY H.O.A.6l.'FF[R. � 100 DECIDUOU$TREES PIAVTED W THF YSTH AND HADLEY H.O.A.BUFFER. � 138 CONIFERQUS TREES PLANiED IN OTHER SITE IMPROVEMENT AREA$ � 174 DECIDUOUSTREES PLAVTED IN OTHER SITE IMPROVE4IENT AREAS ��` 1 THEE IS TO BE AUUEU-f0 THE FRONf YARU OF EACH LOT.IIUE i0 38� THE V`ARIATIUVS OF BI.ILDI VG FWTPRINTS,UTILITY'STU65,,AND DRR'EWAY LOC.ATIONS,THE FIVAL TREE LOGATION SHOULD BE FIELD FIT. 1,146 TOT,1L TREES PROPOSEO Honorable Mayor, City Council, and Charlene Stevens Summers Landing — Final Plat and Development Agreement April 25, 2016 Page18of18 Architecture Because the applicant is performing as the developer for this project and will be selling lots to individual builders, no house elevations were submitted as a component of this application. The developer will be maintaining architectural control over all lots within the project. Garages The City ordinance requires a minimum garage size of 440 square feet. It is recommended that garages in the development be prohibited from being further than six feet in front of the house. Summary A. The property is guided for Low Density Residential. B. The project has an appropriate zoning designation of R-3, Single-Family Residential Zoning District with a Planned Development Overlay (PDO). C. Land and cash is being dedicated to satisfy the park dedication requirement. D. The plat is consistent with the preliminary plat. E. The public infrastructure for the project will be constructed by the City through the Minnesota Statutes 429 process. F. The development agreement has been executed. Recommendation That the City Council approve: 1. The final plat for the Summers Landing. 2. The Development Agreement for Summers Landing. � I��l��l 1��1��1�:1��` L.�� KNC}W AL� PER�t�NS BY THESE PRE5ENfi5. That Sumrnergate Deve[opment L.LC, a Mir�nesota limited lia#�iliiy cc�mpany, fee �awner c�f tE�e �TATE C}F {VIINNE�C�TA fc�llcrwing descri�ed prc�p�rty situat�d in the County c�f Washingtc�n, State c�f Minnesota, tc�wit: CQU�TT`� OF HEf�I�EPIN The North Half of the Nar��e�st Quarter er��ection 1�, Tc�wr�ship 27, Range 2'[, V1lash�ngton C�unty, Minn��ota This instrum�nt was acknowledged befcrre me fihi� day �f ' , 2U� �i� Henry D. Ne[son, a Licensed �and �urveyor. � Toghter w�th . The South Half of the Nc�r�heast Quart�r of�ectic�n �J, Township 27, Rar�ge 2'�, Washin�ton County, Minnesata. (Si�nature) Has caused #he same to be survey�d and platted as �UMM�RS �AN€�ING�, and dc��s h�reby dedicate to the public fc�r public use forever �he public (Prin�ed �lame) ways and the dra�nag� and utili#�r easements as ereated h�r�with, and dc� hereby d�nat�tc� t�e City c�f Cc�t#age Grcrv� �he park as shown on this plat. Nc�tary Public Nennepir� Cc�un�jr, Minnesota IVIy �t�mrni�sic�n Exp�re� January 31, 2020 In witness wh�reof said 5ummerc�ate Develapment LLC, a �tllinnesota Eamited [iability �om�any has caus�d these �resents to be signed by its proper off�er this day of , 201 C�TY tJF CCITTAGE GRC}VE, M[NNESC3TA SUMMERGATE DEVELC)PIt�EI�1T LL.0 T�is plat was ap�roved by the City Council of the City af Cottage Grove, M�nnesota, tttis day of , 2{l1 , and h�re�y cer�i�es �c�mpliance with aCl r�quirem�nt� �s set farth in Minneso#a, Sectie�t� �05.{�3, Su�ad. 2. Ca�ey IlVollschlager Cheifi Man��erlChief{Jp�rating C�ffcer By By Nlay�r Cl�rk �ta#e of +�ounty of CC�UNTY SURVEYt�R . This instrument was ac�Cnowled�ed k�efc�re me thi� day �f , 2�'1 by Casey UVoI[schlager, Chief Mar�ager/Chief C►perating t�fficer c�f�ummergate d�veEc�pment I�L�, a Minnesc�� lirr�ited li�bility cc�mpany, an behalf ot the ccampany. Pursuant tc� MN. STAT. S�ec. 383B.�fi5 ��9fi9} this plat has been apprc�ved this ` day c�f , 201 , {Signature} �Y �Y � Washingtc�n Counfiy �urveyvr Survey Project Cc�c�rdinator {�rir�teci Name} . hlc«tary Public Ce�unty, Nly Ct�mmis�ion F...xpires Janctary �1, 2Q CC}UI�ITY AU[�ITC}R1TR�ASURER There are no delinquent tax�s, the curr�nt taxe� d�e and payabfe fc�r the year 2�11 have been paid, a�d transfer entered this day of . , 201 SURVEYC�E�S CERTIFICATIC7N 1, Henry D. Ne[�on, do f��:r�by cer�ify that �his pl�t vuas pr�pared by me or und�r my dire�t sup�ruisian; that 1 am a duly Licens�d �and Surveyar in - By By the 5tate a� Mirtn��t�; that �his �lat is a corre�t representatic�n of the boundary s�rvey; that a11 mathematica[ data and IaEaels are corr�ctly Vltashingtvn �c�ur�fiy Auditr�rlTreasurer I��pu�y des�gnat+�d on thi� plat; that al[ mc�numents depicted vn this plat E�ave beer�, or wi11 be ��rrectly �et vwri�hin ane year; that all water bc�undaries and wet (ands, as defined in Minnesota S�a�c�tes, �ectie�n 505.0'�, S��d. �t as of the dat� of this cert��i�ate are shc�wn and iabe[�d t�n this pl�t; and all public ways are shvwn and ]abeled on t�is plat, CC?UNTY RECC}RUER Dated this day c�f , �41 Dc�cument [�umber ' 1 hereby cer�ify that fhis instrcam�nt was ffed in the c�ffice of th� C�unty Recorder fc�r rec�rd c�n �his �iay c�f , 2�� , at c�"clo�k^M. Henry D. 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I ! t ! 1 ! 1 / 1 f ! 1 t ! � i i�en �i•'aii�rr' 7 f t +...� +�./ I �./ �...� t l i 1 l..! i1 t Y t� 4i L� �../ 1 1 { t L_ +./ �_ t Y LJ t i L.+ L/ ! ) 1 1/ t Y � ■�� 4.v r��.� u t r w. � r'1 1 r A 1 r! /". !" r". -1- � -)'� r- t�. ■ � � � � � �� f"� '�`+. �� tih � f 1 � (-^ „'.+ � � t..J ♦./ 1 Y L� �..� L._ ♦.f 1 �/�1 t t�� +•`•r I � �h£�t � C?� � RESOLUTION NO. 2016-XXX RESOLUTION APPROVING THE FINAL PLAT NAMED SUMMERS LANDING WHEREAS, Summergate Companies have applied for a final plat to develop a single- family residential subdivision named Summers Landing. This subdivision plat is the first of six phases for the Summers Landing neighborhood and consists of 55 lots for single-family homes and seven outlots for future development and common areas. The subdivision is located on property legally described as: The North Half of the Northeast Quarter of Section 19, Township 27, Range 21, Washington County, Minnesota Together with The South Half of the Northeast Quarter of Section 19, Township 27, Range 21, Washington County, Minnesota WHEREAS, the Planning Commission held the public hearing for the rezoning, prelimi- nary plat, and a rezoning from AG-1, Agricultural Preservation Zoning District, to R-3, Single Family Residential Zoning District, with a Planned Development Overlay (PDO) for the proposed Summers Landing subdivision on February 22, 2016; and WHEREAS, the Planning Commission unanimously recommended approval of the rezoning, preliminary plat, and a rezoning from AG-1, Agricultural Preservation Zoning District, to R-3, Single Family Residential Zoning District, with a Planned Development Overlay (PDO) for the proposed Summers Landing subdivision on February 22, 2016, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendations and approved the preliminary plat (Resolution No. 2016-053) on March 16, 2016; and WHEREAS, the City Council adopted Ordinance No. 959 on March 16, 2016, which rezoned approximately 160 acres of land from AG-1, Agricultural Preservation, to R-3, Single Family Residential District, with a Planned Development Overlay (PDO) District; and WHEREAS, City staff found the Summers Landing final plat substantially consistent with the approved preliminary plat and the Planned Development Overlay (PDO) plan; WHEREAS, The Developer, Property Owner, and City have entered into a development agreement for the Summers Landing subdivision. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat for a single-family residential subdivision plat named Summers Landing. This subdivision plat is the first of six phases for the 383-1ot single-family residential Summers Landing neighborhood, and this phase consists of 55 lots for single-family homes and seven outlots for future development and Resolution No. 2016-XXX Page 2 of 4 common areas, located on the property legally described above. Approval of this final plat is subject to the following conditions: 1. The Developer and builders must comply with all City ordinances and policies. 2. The Developer must abide by the conditions stipulated in Resolution No. 2016-053, which approved the Summers Landing preliminary plat, except as hereafter modified. 3. All utility, drainage, and development plans must conform to the plans approved by the City Engineer. The Developer may start rough grading of the lots before the plat is filed, if a MPCA Construction Storm Water Permit has been issued and the City has been furnished with a cash escrow or letter of credit in the minimum amount specified in the approved development agreement. 4. Development of this project must comply with the grading and erosion control plans as approved by the City Engineer. 5. The City will rough cut the vegetation within the stormwater basin (Outlot F in the final plat) twice per year. If the HOA desires a more regular maintenance of the ground cover or that it be irrigated, the HOA shall prepare a maintenance plan for how they intend to manage that area and submit it to Cottage Grove Public Works for review and approval. 6. The City will supply the street light poles and luminaries. The Developer will pay the City for street light poles and street light luminaries. 7. The City agrees to review and consider the final wear course paving along certain roadway segments in advance of other roadways depending on the location of the roadway segment. The wear course/final lift of all streets in the subdivision must be completed within three years from the date all other public improvements are accepted by the City or when 90 percent of the houses have received a certificate of occupancy, whichever is sooner. 8. After the site is rough graded, but before any utility construction commences or build- ing permits are issued, the erosion control plan shall be implemented by the Devel- oper and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 9. The final plat and declaration of private covenants must be recorded with the Wash- ington County Recorder's Office before any building permit can be issued. 10. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer. Resolution No. 2016-XXX Page 3 of 4 11. Residential lots designated to have a boundary marker(s) must have the marker(s) before a Certificate of Occupancy can be issued for the house on that particular resi- dential lot. 12. All monument signs must comply with the City's Sign Ordinance and must be placed on private property, and under the control of the HOA. 13. Park dedication shall be addressed as stipulated within the development agreement. 14. The builder of each lot shall post a letter of credit or escrow to the City for the estimated cost of the boulevard trees, four yard trees, and ten shrubs on each lot. 15. The applicant must submit private covenants prior to recording the final plat, which details the following: • Minimum roof pitch must be a 6:12 ratio. • Porches on the front of the dwelling must extend a minimum of six feet from the principal structure. • Residential garage doors must have raised panels or similar design features. • Homes having identical architectural design must be a minimum of five lots away from each other. • The front elevation must include a minimum of 20 percent coverage of brick, natural, or artificial stucco material(s). • All residences must be part of the homeowners association. • Landscaping for the project must exceed city ordinance minimums. Each lot in the subdivision shall have four (4) additional trees and ten (10) shrubs installed prior to the issuance of a certificate of occupancy. • The front farade of the garage shall not extend greater than six feet beyond the front plane of the principal structure or attached front porch. • Maintenance is required for all common outlots, landscaping, fencing, irrigation, and group mailboxes. • Snow removal is required as detailed in the development agreement. 16. The homeowners association (HOA) covenants shall also include a provision that if the Summers Landing HOA defaults on payment of property taxes for any land they own and the property becomes tax-forfeited property with the City obtaining owner- ship, the City will bill annually each landowner within the entire six phased Summers Resolution No. 2016-XXX Page 4 of 4 Landing subdivision, the cost to maintain the forfeited parcels and all property taxes due thereon. 17. All mailboxes and location of mailboxes must comply with the U.S. Post Office guide- lines and regulations. Mailboxes placed at the curb shall all be the same design and color. 18. Turf management in and around the stormwater basin in Outlot F of subdivision will be performed by the City about twice per year. Weed control might occur by the City once per year and the area will not be fertilized. The City will remove general debris and regularly trim, monitor and remove tree saplings in Outlot F of the subdivision. The City will periodically inspect the basin to assure proper flow for the stormwater system. Inspections may result in structure maintenance/reconstruction (inlets, outlets, skimmers, etc.), sediment removal, basin shaping, and storm pipe cleaning. All disturbed areas will be restored with similar materials. A natural buffer within 15 feet of a normal water level will be preserved. If the HOA desires a more regular maintenance and intends to manage the ground cover or that it be irrigated, the HOA shall prepare a maintenance plan and submit it to Cottage Grove Public Works for review and approval. 19. Snow removal on sidewalks and trails shall be consistent with the language contained in the development agreement. 20. Prior to the release of the final sureties for the Summers Landing final plat, tree miti- gation for trees removed above the allowable development percentage permitted by ordinance shall be planted within the recorded lots or outlots of the Summers Landing PDO. A cash mitigation fee of $350 per tree shall be paid to the City for all trees removed during grading and not mitigated within actively developing phase. 21. Tree mitigation species shall be consistent with the City's preferred tree list, and shall be planted in a manner that prevents canopy conflicts/crowding of mature trees. Passed this 4th day of May, 2016. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk DEVELOPMENT AGREEMENT FOR PLAT OF SUMMERS LANDING CITY OF COTTAGE GROVE DEVELOPMENT AGREEMENT FOR PLAT OF SUMMERS LANDING THIS AGREEMENT,made and entered into on the day of , 2016, by and between the CTTY OF COTTAGE GROVE, a municipality of the State of Minnesota, (hereinafter called the CTTY), and the OWNER and DEVELOPER identified herein. RECITALS: WHEREAS, the OWNER is the fee simple OWNER of the DEVELOPMENT PROPERTY; and WHEREAS, the OWNER is entering into a purchase agreement with DEVELOPER who will develop the DEVELOPMENT PROPERTY into a DEVELOPMENT PROJECT to be known as"Summers Landing,"which will be completed in six (6)phases; and WHEREAS,in pursuant of the development, the DEVELOPER and OWNER have applied to the CTTY for approval of the FINAL PLAT; and WHEREAS, the DEVELOPER has applied to the CTTY for approval of the DEVELOPMENT PLANS associated with the FINAL PLAT; and WHEREAS, in conjunction with the granting of these approvals, the CTTY requires the installation and/or availability of public utilities(sewer and water), public streets, storm sewer pipes, ponds, other facilities and other public improvements; and WHEREAS,under authority granted to it, including Minnesota Statutes Chapters 412, 429, and 462, the COL7NCIL has agreed to approve the FINAL PLAT and DEVELOPMENT PLANS on the following conditions: 1. That the DEVELOPER enter into this DEVELOPMENT AGREEMENT, which defines the work that the DEVELOPER undertakes to complete; and 2. The DEVELOPER shall provide an irrevocable letter of credit, cash deposit, and assessment waivers in the amount and with conditions satisfactory to the CTTY, providing for assurance of payment for the actual construction and installation of such DEVELOPER IlVIPROVEMENTS, as identified on Exhibit D, STTE IlVIPROVEMENTS, as identified on Exhibit G and OFF-SITE IlVIPROVEMENTS, as identified on Exhibit H, all as specified and required by the CTTY; 3. The OWNER shall provide an assessment waiver in the amount and with conditions satisfactory to the CITY, providing for assurance of payment for OFF-STTE IlVIPROVEMENTS, as specified by the CTTY. 2 NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT AGREEMENT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CTTY, OWNER and DEVELOPER agree as follows: ARTICLE 1 DEFINITIONS 1.1. TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT AGREEMENT, shall have the following meanings as set forth below. 1.2. CITY. "CTTY" means the City of Cottage Grove, a Minnesota municipal corporation. 1.3. DEVELOPER "DEVELOPER" means SUMIV�RGATE DEVELOPMENT, LLC, a Minnesota limited liability company, and its successors and assigns. 1.4. OWNER "OWNER" means,Swanlunds', Inc., a Minnesota corporation, and its successors and assigns. 1.5. DEVELOPMENT PROPERTY. "DEVELOPMENT PROPERTY" means that real property legally described on Exhibit A, attached hereto, upon which the DEVELOPMENT PROJECT will be constructed. 1.6. BUII,DER. "BUII,DER" means an entity that will be constructing a single family residence on a lot in the FINAL PLAT. 1.7. PRELIMINARY PLAT. "PRELIMINARY PLAT" means the preliminary plat approved by the COLJNCIL on March 16, 2016, attached hereto and incorporated herein as Exhibit B. 1.8. FINAL PLAT. "FINAL PLAT" means the FINAL PLAT of Summers Landing, approved by the COL7NCIL on Apri120, 2016 and attached hereto as Exhibit C. 1.9. DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all the plans, drawings, specifications and surveys dated Februarv 12, 2016 and prepared by Loucks, Inc. hereby incorporated by reference and made a part of this DEVELOPMENT AGREEMENT. 1.10. DEVELOPMENT PROJECT. "DEVELOPMENT PRO7ECT" means a 383 residential lot development to be known Summers Landing that will be constructed on DEVELOPMENT PROPERTY that is substantially in conformance with the PRELIMINARY PLAT. 3 1.11. DEVELOPMENT AGREEMENT. "DEVELOPMENT AGREEMENT" means this instant agreement by and among the CTTY, OWNER and DEVELOPER. 1.12. COUNCII,. "COLJNCIL" means the Council of the City of Cottage Grove. 1.13. CITY ENGINEER. "CTTY ENGINEER" means the City Engineer of the City of Cottage Grove and her delegatees. 1.14. COUNTY. "COL7NTY" means Washington County, Minnesota. 1.15. OTHER REGULATORY AGENCIES. "OTHER REGULATORY AGENCIES" means and includes,individually and collectively, the following: a) Minnesota Department of Transportation b) Washington County c) Washington County Highway Department d) South Washington Watershed District e) Water Management Organization � Metropolitan Council g) Minnesota Department of Health h) Minnesota Pollution Control Agency i) Any other regulatory or governmental agency or entity affected by, or having jurisdiction over the DEVELOPER IlVIPROVEMENTS. 1.16. UTII,ITY COMPANIES. "UTILITY COMPANIES" means and includes,jointly and severally, the following: a) utility companies,including electric, gas and cable b) pipeline companies. 1.17. PRIOR EASEMENT HOLDERS. "PRIOR EASEMENT HOLDERS" means and includes, j ointly and severally, all holders of any easements or other property interests which existed prior to the grant or dedication of any public easements transferred by the PLAT or transferred pursuant to this DEVELOPMENT AGREEMENT. 4 1.18. DEVELOPER IMPROVEMENTS. "DEVELOPER IlVIPROVEMENTS" means and includes, individually and collectively, all the improvements identified in Article 4 and on the attached Exhibit D, Miscellaneous Conditions. 1.19. PHASE 1 PROPERTY. "PHASE 1 PROPERTY" means property located in Phase 1 of the Summers Landing DEVELOPMENT PROJECT, identified on the PHASING PLAN as "Phase 1" on Exhibit E, attached hereto. 1.20. DEVELOPER DEFAULT. "DEVELOPER DEFALJLT" means and includes, j ointly and severally, any of the following or any combination thereof: a) failure by the DEVELOPER to timely pay the CTTY any money, Letter of Credit, or levied assessments required to be paid under the DEVELOPMENT AGREEMENT; b) failure by the DEVELOPER to timely construct the DEVELOPER IlVIl'ROVEMENTS according to the DEVELOPMENT PLANS and the CTTY standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; d) breach of the DEVELOPER WARRANTIES. 1.21. OWNER DEFAULT. "OWNER DEFALTLT" means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the OWNER to timely pay the CTTY any levied assessments required to be paid under the DEVELOPMENT AGREEMENT; b) failure by the OWNER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; c) breach of the OWNER WARRANTIES. 1.22. FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.23. DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means that the DEVELOPER hereby warrants and represents the following: 5 a) AUTHORITY. DEVELOPER has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. b) NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT AGREEMENT by DEVELOPER or prohibit any of the transactions provided for in this DEVELOPMENT AGREEMENT. c) PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER INIl'ROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. d) CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations including without limitation, permits and licenses and any applicable zoning environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending or threatened against or affecting DEVELOPER or the PLAT or the DEVELOPMENT PLANS or the DEVELOPER IlVIPROVEMENTS. DEVELOPER is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. � FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or on its behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. g) PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS comply with all CTTY, COLJNTY, metropolitan, state and federal laws and 6 regulations, including but not limited to, subdivision ordinances, zoning ordinances and environmental regulations. h) WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all work it performs under this DEVELOPMENT AGREEMENT against defective material and faulty workmanship for a period of two (2) years after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CTTY within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one year after planting. Any replacements shall be similarly warranted for one year from the time of planting. The warranty period for any drainage and erosion control improvements shall be for two (2) years after completion and acceptance by the City; the warranty for any drainage and erosion control improvements shall also include the obligation of the DEVELOPER to repair and correct any damage to or deficiency with respect to such improvements. i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER undertakes any work required to be completed by DEVELOPER under this DEVELOPMENT AGREEMENT. A list of the City permits, licenses, and approvals required is attached hereto as Exhibit F. j) HOMEOWNERS' ASSOCIATION. DEVELOPER shall set up a Homeowners' Association within 180 days of the Effective Date of this Agreement that governs the rights and responsibilities of the property owners within the PHASE 1 PROPERTY. DEVELOPER shall specifically incorporate the responsibilities of the Homeowners' Association that are identified in this Agreement as being the responsibility of the Homeowners' Association. DEVELOPER must provide a copy of the Covenants and Restrictions of the Homeowners' Association to the CTTY for review and approval prior to adoption and prior to FINAL PLAT approval. 1.24. OWNER WARRANTIES. "OWNER WARRANTIES" means that the OWNER hereby warrants and represents the following: a) AUTHORITY. OWNER is the fee simple OWNER of DEVELOPMENT PROPERTY and has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT, and no approvals or consents of any persons are necessary in connection with the authority of OWNER to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. 7 b) NO DEFAULT. OWNER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this DEVELOPMENT AGREEMENT. OWNER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order,judgment or decree which would prohibit the execution or performance of this DEVELOPMENT AGREEMENT by OWNER or prohibit any of the transactions provided for in this DEVELOPMENT AGREEMENT. c) INTENTIONALLY OMITTED. d) INTENTIONALLY OMITTED. e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending or threatened against or affecting OWNER. � FULL DISCLOSURE. None of the representatives and warranties made by OWNER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by OWNER or on its behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. g) INTENTIONALLY OMITTED. h) FEE TITLE. OWNER owns fee title to all the land in the FINAL PLAT. 1.25. CITY WARRANTIES. "CTTY WARRANTIES" means that the CTTY hereby warrants and represents as follows: a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly e�sting in good standing the laws of the State of Minnesota. b) AUTHORITY. CTTY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. 1.26. FORMAL NOTICE. "FORMAL NOTICE" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: City of COTTAGE GROVE Attention: City Administrator 12800 Ravine Parkway South Cottage Grove, MN 55016 8 If to OWNER: Swanlunds', Inc. 1437 Dayton Avenue Saint Paul Park, MN 55071 If to DEVELOPER: Summergate Development, LLC 10621 165�' St. W. Lakeville, MN 55044 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. 1.27. SITE IMPROVEMENTS. "STTE IlVIPROVEMENTS" means and includes, individually and collectively, all the improvements identified on the attached Exhibit G. STTE IlVIPROVEMENTS are improvements to be constructed by the CITY within public right-of-way or public easements that DEVELOPER and OWNER agree that CTTY shall assess the costs against the PHASE 1 PROPERTY identified in the PRELIMINARY PLAT pursuant to an ASSESSMENT WAlVER AGREEMENT FOR STTE IlVIPROVEMENTS, and the CTTY shall not assess the costs against FINAL PLAT Outllot G of the DEVELOPMENT PROPERTY. 1.28. OFF-SITE IMPROVEMENTS. "OFF-SITE IMPROVEMENTS" means and includes, individually and collectively, all the improvements identified on the attached Exhibit H. OFF-SITE IlVIPROVEMENTS are improvements to be constructed by the CITY within public right-of-way or public easements that DEVELOPER and OWNER agree that CTTY shall assess the costs against the DEVELOPMENT PROPERTY identified in the FINAL PLAT pursuant to an ASSESSMENT WAIVER AGREEMENT FOR OFF-SITE IlVIPROVEMENTS. 1.29. ASSESSMENT WAIVER AGREEMENT FOR SITE IMPROVEMENTS. "ASSESSMENT WAlVER AGREEMENT FOR STTE IMPROVEMENTS" means an agreement for certain site improvements that will be completed by the CTTY and assessed against the PHASE 1 PROPERTY. The ASSESSMENT WAlVER AGREEMENT FOR SITE IlVIPROVEMENTS is more further described in Sections 3.1, 3.2 and 92 of this Agreement and is attached hereto and incorporated herein as Exhibit I. 1.30. ASSESSMENT WAIVER AGREEMENT FOR OFF-SITE IMPROVEMENTS. "ASSESSMENT WAIVER AGREEMENT FOR OFF-SITE IlVIPROVEMENTS" means an agreement for certain FINAL PLAT improvements that will be completed by the CITY and assessed against the DEVELOPMENT PROPERTY. The ASSESSMENT WAlVER AGREEMENT FOR OFF-SITE IlVIPROVEMENTS is more further described in Sections 3.3 and 9.3 of this Agreement and is attached hereto and incorporated herein as Exhibit J. 9 1.31. INDIRECT COSTS. "Indirect Costs" referenced in Exhibits G and H means the costs related to: a) Finance, administration and legal costs, which shall be capped at 2% of the Total Construction Costs; and b) Engineering services performed by City Staff, which shall be capped at 2% of the Total Construction Costs; and c) Testing, Right of Way 1% of the Total Construction Costs, but are not capped at 1%. d) Consulting engineering services which are estimated at 17% of the Total Construction Costs, but are not capped at 17%. The City shall assess the actual Indirect Costs incurred by the City, up to 30% of the Total Construction Costs, but in no event shall the assessed amount for Indirect Costs exceed 30% of the Total Construction Costs. ARTICLE 2 FINAL PLAT APPROVAL 2.1. FINAL PLAT APPROVAL. DEVELOPER understands and agrees that the COLTNCIL must review and approve the FINAL PLAT, which shall be approved by City Council Resolution. All conditions contained in the COLJNCIL Resolution for the FINAL PLAT shall be considered a condition of this DEVELOPMENT AGREEMENT. 2.2. DEVELOPMENT PROJECT. The parties mutually acknowledge that it is the intention to develop the entire DEVELOPMENT PROPERTY as single family residential dwellings in accord with PRELIMINARY PLAT and the PHASING PLAN. DEVELOPER acknowledges that this is a phased development and agrees that when FINAL PLAT Outlot G is developed and OWNER and DEVELOPER have the right to so develop it, it shall be developed in substantial conformity with the PRELINIINARY PLAT and the PHASING PLAN, unless otherwise agreed to by and between DEVELOPER and the CITY in writing. The parties hereby agree that the DEVELOPER anticipates developing each phase of the DEVELOPMENT PROJECT in three-year periods pursuant to the PHASING PLAN depicted on Exhibit E. The CTTY agrees that extending the term of the rights conferred by preliminary subdivision approval pursuant to authority under Minn. Stat. §462.358 subd. 3c is reasonable and appropriate. This section 22 is expressly intended to extend the one-year period of effectiveness otherwise applicable to preliminary subdivision approvals set forth in the above-referenced statute. Absent a default by DEVELOPER or OWNER, the PRELINIINARY PLAT shall not expire or terminate unless from the time a new phase is approved by the COLJNCIL as a FINAL PLAT, a period of five(5)years lapses and no new FINAL PLAT application has been submitted by DEVELOPER for a new phase. So long as the PRELIlVIINARY PLAT has not so expired or terminated, Developer shall be entitled to develop 10 said Outlot G subject to the same design criteria and engineering design and construction specifications as used in the DEVELOPMENT PLANS notwithstanding any amendment or change to CITY standards for development subsequent to approval of the FINAL PLAT. 2.3. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL PLAT and this DEVELOPMENT AGREEMENT with the COLJNTY Recorder within thirty (30) days of release of the FINAL PLAT to the DEVELOPER for recording. No building permits shall be issued or bids for the construction of the DEVELOPER IlVIPROVEMENTS, STTE IlVIPROVEMENTS, OFF-SITE IlVIPROVEMENTS shall be solicited unless the DEVELOPER shows evidence to the CTTY that the FINAL PLAT and this DEVELOPMENT AGREEMENT have been recorded with the COLJNTY Recorder and the CITY has received the financial assurances required in Article 15. ARTICLE 3 SITE IMPROVEMENTS 3.1. SITE IMPROVEMENTS. OWNER and DEVELOPER are the owners of DEVELOPMENT PROPERTY and hereby petition the CTTY to construct and install all STTE IlVIPROVEMENTS identified on the attached Exhibit G and to assess the entire cost thereof against the PHASE 1 PROPERTY as detailed in the ASSESSMENT WAlVER AGREEMENT FOR STTE IlVIPROVEMENTS as further described and contained in Exhibit I. The CITY will construct the SITE IMPROVEMENTS in accordance with industry standards for making public improvements. The CTTY shall assess 100% of the actual costs for the STTE IlVIPROVEMENTS against the 55 residential lots located within the PHASE 1 PROPERTY in accordance Minn. Stat. Ch. 429 and Ch. 444. The OWNER and DEVELOPER hereby waive any and all procedural and substantive obj ections to the special assessments, including but not limited to, notice and hearing requirements and any claim that the special assessments exceed the benefit to the FINAL PLAT. The OWNER and DEVELOPER waive any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. 3.2. AREA CHARGES. The CTTY imposes Area Charges for sanitary sewer, water and storm sewer impacts to all new developments pursuant to City Code Section 8-1-2 C.2 and the Fee Schedule. The CTTY shall specially assess Area Charges as detailed in the ASSESSMENT APPEAL WAIVER AGREEMENT FOR SITE IlVIPROVEMENTS, further described and contained in Exhibit I. The OWNER and DEVELOPER hereby waive any and all procedural and substantive objections to the Area Charges and the special assessments, including but not limited to, notice and hearing requirements and any claim that the special assessments exceed the benefit to the FINAL PLAT. The OWNER and DEVELOPER waive any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The OWNER and DEVELOPER acknowledge that the benefit from the Area Charges equal or exceed the amount of the special assessments. 3.3. OFF-SITE IlV�ROVEMENTS. The CTTY shall construct the improvements to 95�' and Hadley as detailed in Exhibit H. The CITY shall specially assess only that portion of the costs of the OFF-STTE IMPROVEMENTS limited to the sum of$1,447,902.00 as set forth pursuant 11 to an ASSESSMENT APPEAL WANER AGREEMENT FOR OFF-SITE IlVIPROVEMENTS attached as Exhibit J. Any costs of the OFF-STTE IlVIPROVEMENTS in excess of the sum of $1,447,902.00 shall be paid by the CTTY without any right to seek reimbursement or payment from the OWNER or DEVELOPER. The OWNER and DEVELOPER hereby waive any and all procedural and substantive objections to the installation of the improvements and the special assessments, not to exceed the sum of $1,447,902.00 including but not limited to, notice and hearing requirements and any claim that the special assessments exceed the benefit to the FINAL PLAT. The OWNER and DEVELOPER waive any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The CTTY, OWNER and DEVELOPER acknowledge that the benefit from the OFF-STTE IlVIPROVEMENTS may be less than, may equal to or may exceed the amount of the special assessments, but that the assessment will not exceed the sum of $1,447,902.00. ARTICLE 4 DEVELOPER IMPROVEMENTS 4.1. DEVELOPER IlVIPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IlVIPROVEMENTS listed on Exhibit D in accordance with the DEVELOPMENT PLANS and in accordance with the approvals of the City Council, and all ordinances and PRELINIINARY and FINAL PLAT resolutions of the City or any amendments thereto and any MISCELLANEOUS REQUIREMENTS in Exhibit L. 4.2. GROUND MATERIAL. The DEVELOPER shall insure that adequate and suitable ground material shall exist in the areas of public street and utility improvements and shall guarantee the removal, replacement or repair of substandard or unstable material. The cost of said removal, replacement or repair is the responsibility of the DEVELOPER. 4.3. GRADING/DRAINAGE PLAN AND EASEMENTS. The DEVELOPER shall construct drainage facilities adequate to serve the DEVELOPMENT PROJECT in accordance with the DEVELOPMENT PLANS. Grading must be coordinated with the CTTY to coincide with the construction and installation of STTE IlVIPROVEMENTS. The DEVELOPER agrees to grant to the CITY all necessary outlots and easements for the preservation and maintenance of the drainage system, for drainage basins and for utility service and for utility looping. The OWNER and DEVELOPER shall enter into an Easement Agreement for Construction and Utility Purposes between Owner, Developer and City for stormwater and sanitary sewer, attached hereto and incorporated herein as Exhibit M DEVELOPER shall enter into a Stormwater Management Agreement with the CTTY, attached hereto as Exhibit N. OWNER shall grant CTTY a Permanent Easement Agreement for Construction and Drainage and Utility Purposes between Owner and City for sanitary sewer, drainage and utility purposes, attached hereto as Exhibit O. Upon acceptance by the CTTY of the drainage system, the DEVELOPER shall dedicate to the CTTY the lots upon which the drainage facilities shall be constructed, which are identified on the PRELIMINARY PLAT as Outlots G, H, I, and 7. The grading and drainage plan shall include lot and building elevations, drainage swales to be sodded, storm sewer, catch basins, erosion control structures and ponding areas necessary to conform to the overall CITY storm sewer plan. The grading of the site shall be completed in conformance with the DEVELOPMENT PLANS, subject only to such design criteria 12 and engineering design and construction specifications as are used in the DEVELOPMENT PLANS notwithstanding any amendment or change to CTTY standards for development subsequent to approval of the FINAL PLAT. The DEVELOPER shall provide at a minimum, in the FINAL PLAT, five-foot drainage and utility easements adjacent to all common property lines; and ten-foot drainage and utility easements across the front of each lot adj acent to a public right-of-way, or adj acent to any lot lines not common to other lots of this PLAT. Additional utility and drainage easements, which may be required by the CITY, shall appear on the FINAL PLAT or be granted by an acceptable document as approved by the CTTY. Prior to issuance of a Certificate of Occupancy to a BUILDER for any dwelling unit constructed on a lot within the subdivision, a Certificate of Compliance by a land surveyor must be submitted to the CITY by the BUILDER reflecting conformance with the approved grading plan and that the lot pin corners are installed. Site grading/excavation, building construction, and general construction activities is limited to Monday through Friday, between the hours 7:00 AM and 7:00 PM and on Saturday, between the hours of 9:00 AM and 7:00 PM. 4.4. GRADING OF PUBLIC STREETS. The DEVELOPER must grade, in accordance with the grading plan provided to and approved by the CITY, all public streets, boulevards, driveways and other public lands, if any, and other lands shown in the approved grading plan. The DEVELOPER must perform the grading in a timely matter so not to delay the CTTY'S contractor in constructing the PUBLIC IMPROVEMENTS. If the DEVELOPER does not perform the work required by this paragraph, the CITY will complete all work required of the DEVELOPER under the CTTY contract. The DEVELOPER will be financially responsible for payments for this extra work, which will be assessed as provided above. 4.5. INTERIM BITUMINOUS STREET. The CITY will construct a bituminous wedge for the roadways within the FINAL PLAT for each phase of the development, pursuant to Exhibit G. The bituminous wedge will be removed once 90% of the single-family homes are built or after three years. For each phase, at the end of three (3) years from the day the bituminous wedge is installed, even if 90% of the homes are not constructed, the CITY will remove the wedge and place the wear course pavement.The DEVELOPER is responsible for the replacement of any sidewalk or curb other than by the negligent acts or omissions of the CITY, except damage to curbs done by snow plowing damaged other than by the negligent acts or omissions of the CITY. The BUILDER will be responsible to preserve and protect the public roadway and any sidewalk/trail. The DEVELOPER is responsible for payments of cost increases which are properly allowable pursuant to the CITY'S contract with its contractor for the SITE IlVIl'ROVEMENTS, and shall be assessed as provided herein. 4.6. PUBLIC STREET MAINTENANCE. CITY is responsible for all maintenance, upkeep and repair of all public streets contained within the FINAL PLAT from initiation of construction through substantial completion. DEVELOPER shall be financially responsible for all maintenance, upkeep and repair (not including snow plowing/snow removal) of all public streets contained within the FINAL PLAT from substantial completion through final acceptance 13 by the CITY. Except for the CTTY'S negligent acts or omissions, the DEVELOPER hereby agrees to indemnify and hold the CITY harmless against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees, which the CITY may hereafter sustain or incur arising out of this section 4.6. 4.7. STREET SIGNS. The DEVELOPER shall be financially responsible for the installation of street identification signs and non-mechanical and non-electrical traffic control signs. Street signs will be in conformance with the names as indicated on the FINAL PLAT and pursuant to CTTY standards. The actual number and location of signs to be installed shall be determined by the CTTY and actual installation shall be performed by CTTY authorized personnel. 4.8. SOD. The DEVELOPER agrees that the BUILDER must pay for and install cultured sod from the street curb to rear wall of each dwelling and major drainage swales as determined by the CTTY in the entire FINAL PLAT. Corner lots shall be sodded to the side wall of each dwelling. For a lot where the Certificate of Occupancy is issued between August 1 and May 1 of the following year, completion of the work described in this paragraph shall be completed by the BUII,DER by June 15; for a lot where the Certificate of Occupancy is issued between May 1 and July 31, completion of the work described in this paragraph shall be completed by the BUILDER by the September 15. Notwithstanding anything to the contrary in this Agreement, it is agreed that in lieu of the BUILDER installing sod on each lot, the BUILDER may provide to a lot owner a certificate that entitles the lot owner to have sod delivered to that lot at the owner's request for installation by the lot owner. 4.9. BOULEVARD AND AREA RESTORATION. The DEVELOPER shall seed or lay cultured sod in all boulevards in compliance with the NPDES Permit and restore all other areas disturbed by the development grading operation and private utility work in accordance with the approved erosion control plan, over the entire PLAT. Upon request of the CTTY ENGINEER, the DEVELOPER shall remove the silt fences after grading and construction have occurred. 4.10. SUBDIVISION MONUMENTS. The DEVELOPER shall install all subdivision monumentation within one year from the date of recording the FINAL PLAT for that phase, or the monumentation shall be installed on a per lot basis at the time the building permit for the subj ect lot is issued, whichever occurs first. At the end of the one year period from recording of this DEVELOPMENT AGREEMENT, the DEVELOPER shall submit to CTTY ENGINEER written verification by a registered land surveyor that the required monuments have been installed throughout the PLAT. All subdivision monuments shall be maintained by the Homeowners' Association. 4.11. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR The DEVELOPER shall promptly cause to be cleared any soil, earth or debris from the streets and wetlands within or adjacent to this FINAL PLAT resulting from the grading or building on the land within the PLAT by the DEVELOPER or its agents, and shall restore to the CTTY'S specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CTTY'S specifications any damage to bituminous surfacing resulting from the use of construction equipment. 14 Furthermore, the DEVELOPER shall maintain reasonable access to any occupied buildings within the FINAL PLAT, including necessary street maintenance such as grading graveling patching and snow removal prior to permanent street surfacing. The DEVELOPER agrees to perform and assume all responsibilities relating to snow removal and ice control, if the streets have not been accepted for winter maintenance by the CTTY ENGINEER by October 15. Completion of the work described in the paragraph shall be completed within fifteen (15) days after notice by the CTTY to the DEVELOPER that repair or restoration is required. 4.12. OCCUPANCY AND ACCESS. No building permit for any lot with the FINAL PLAT shall be issued unless the contract for construction the public roadway has been awarded by the CTTY or until the DEVELOPER has constructed a temporary access consisting of a Class V gravel base that is acceptable in design by the CTTY and the conditions in Exhibit L have been followed. No temporary certificate of occupancy for any lot shall be issued until the DEVELOPER has constructed a temporary bituminous roadway that is acceptable in design by the CITY. No certificate of occupancy for any lot within the FINAL PLAT shall be issued until all water and sanitary sewer improvements are available for use. Furthermore, the DEVELOPER is responsible for the construction and cost of constructing any necessary temporary bituminous roadway before the public roadway is constructed and shall maintain reasonable access to any occupied house or houses, including necessary street maintenance prior to permanent street improvements that are accepted by the CTTY. 4.13. DRIVEWAYS. Upon building a residence on a lot, each lot owner shall construct a concrete or bituminous surface driveway for the lot in accord with CITY approved standards. For a lot for which a certificate of occupancy is issued between August 1 and May 1 of the following year, completion of the work described in this paragraph must be completed by the DEVELOPER by June 15; for a lot for which a certificate of occupancy is issued between May 1 and July 31, completion of the work described in this paragraph shall be completed by DEVELOPER by September 15. For lots with a sidewalk, driveway aprons shall be constructed by the CITY. 4.14. VEGETATION. The DEVELOPER shall comply with CITY ordinances and policies related to preservation of vegetation and trees and specifically shall exercise reasonable efforts in residential areas to save mature, undiseased trees and vegetation on the subject land which do not have to be removed for reasonable installation of buildings, streets, utilities or drainage improvements, construction activities related thereto, or site grading. Prior to any excavation, the DEVELOPER shall require a certified arborist to install tree protection on all trees that are to be saved and to mark trees such trees with a red band prior to any excavation. All diseased trees shall be removed according to CITY ordinance requirements. 4.15. LANDSCAPING. The responsibility for landscaping requirements are as follows: a) The DEVELOPER is responsible for: • Installing all landscaping improvements within the Homeowners' Association-owned common elements (FINAL PLAT Outlots A, B, C, D and E) shown on the DEVELOPER'S approved landscape plan. 15 • Granting the CTTY the right to trim vegetation overgrowing the FINAL PLAT Outlots A, B, C, D and E. • Installing all landscaping improvements as depicted on the DEVELOPER'S landscape plan in a timely manner. • Installing irrigation in FINAL PLAT Outlots A and B and stubbing in irrigation services to FINAL PLAT Outlots C, D, and E. • Including in the Homeowners' Association the responsibilities of individual property owners identified in 4.15 b)below. b) Individual property owners must: • Maintain their yards all the way to the curb of the abutting roadway for each parcel, including any landscaping in the boulevards. • Have a minimum of four (4) trees and ten (10) shrubs planted on their property. One of the trees must be a conifer tree of not less than six-feet in height. All deciduous trees must have a trunk caliper width of not less than one and three-quarter inches. The homeowner's planting of the four(4)trees and ten (10) shrubs must be completed within one year after the certificate of occupancy is issued. c) The Homeowners' Association shall be required to maintain the landscaping and irrigation systems on FINAL PLAT Outlots A, B, C, D and E after installed by DEVELOPER. 4.16. EROSION CONTROL. The DEVELOPER shall provide and follow a plan for erosion control and pond maintenance in accord with the Best Management Practices (BMP) as delineated in the Minnesota Pollution Control Agency handbook titled Water Quality in Urban Areas and a grading permit from the CITY. Such plan shall be detailed on the DEVELOPMENT PLANS and shall be subject to approval of the CTTY ENGINEER. The DEVELOPER shall install and maintain such erosion control structures as appear necessary under the DEVELOPMENT PLANS or become necessary subsequent thereto. The DEVELOPER shall be responsible for all damage caused as the result of grading and excavation within the FINAL PLAT including but not limited to, restoration of e�sting control structures and clean-up of public right-of-way, until all lots are final graded and improvements are completed. As a portion of the erosion control plan, the DEVELOPER shall re-seed or sod any disturbed areas in accordance with the DEVELOPMENT PLANS. After the site is rough graded, the DEVELOPER must provide erosion control devices that are reasonably required by the CTTY. The parties recognize that time is of the essence in controlling erosion. If the DEVELOPER does not provide erosion control, the CTTY may, after a twenty-four (24) hour notice, take appropriate action to control erosion. The CTTY may, without notice draw upon any posted financial guarantee to pay costs incurred by the CITY in controlling erosion within the FINAL PLAT, or at the CTTY'S option, assess the additional costs incurred as part of the DEVELOPER IlVIPROVEMENTS. Notwithstanding the foregoing the CITY shall be responsible for all damage caused to erosion control structures, temporary or permanent, caused by the CITY or its agents during the initial installation of all STTE IlVIl'ROVEMENTS. 16 4.17. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The DEVELOPER must not transfer or assign its responsibility to perform the requirements of Street Sweeping Street Signs, Street Maintenance, Restoration and Access, Erosion Control, and Landscaping to any lot purchaser or BUILDER of a home on any lot within the FINAL PLAT. Notwithstanding the foregoing it is agreed that DEVELOPER may transfer its responsibility for sod installation, provided DEVELOPER remains liable for the performance thereof and it is understood and agreed that upon transfer of the NPDES permit to the BUILDER or buyer of an individual lot, all responsibilities subsumed under the said NPDES permit specific to the subject lot shall, thereafter, be the BUILDER'S or buyer's responsibility and not DEVELOPER'S responsibility. 4.18. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit within Summers Landing excluding land deeded to the CTTY for public purposes, any weeds, grass, brush, or other rank vegetation to a height greater than 8 inches, or permit any accumulation of dead weeds, grass or brush, pursuant to City Code Section 4-3-1. In the event the DEVELOPER fails to comply with this provision, the CTTY ENGINEER may give the DEVELOPER notice to cut or remove material in violation of this paragraph. All costs of cutting or removing incurred by the CTTY must be paid by the DEVELOPER or assessed against the property in violation. 4.19. BUILDER'S ESCROW. DEVELOPER shall notify each BUILDER that an escrow shall be required prior to the issuance of a building permit for each lot. The BUILDER escrow is detailed on the attached Exhibit K. ARTICLE 5 PARK CONTRIBUTION REQUIREMENTS 5.1. PARK CONTRIBUTION. The DEVELOPER shall comply with the park contribution requirements as defined in the City Code by meeting the obligation stated in MISCELLANEOUS REQUIREMENTS listed on Exhibit L. ARTICLE 6 OTHER PERMITS,LICENSES AND OTHER APPROVALS 6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and licenses from the CTTY, the OTHER REGLJLATORY AGENCIES, the UTILTTY COMPANIES, and the PRIOR EASEMENT HOLDERS, as identified on Exhibit F. Maj or design requirements of any such entities shall be determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the DEVELOPER to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the DEVELOPER. The DEVELOPER shall defend and hold the CITY harmless from any action initiated by the OTHER REGLJLATORY AGENCIES, the UTILITY COMPANIES and the PRIOR EASEMENT HOLDERS resulting from such failures of the DEVELOPER. 17 ARTICLE 7 OTHER DEVELOPMENT REQUIREMENTS 7.L MISCELLANEOUS REQUIREMENTS. Any additional requirements to approval of the FINAL PLAT and the DEVELOPMENT PLANS as specified by the COLJNCIL are incorporated herein, as set forth in Exhibit L. ARTICLE 8 OWNER'S RESERVATION OF RIGHTS 8.1 CULTIVATION OF CROPS. It is acknowledged by and between DEVELOPER, the CTTY and OWNER, that OWNER leases FINAL PLAT Outlot G for the cultivation of crops and that notwithstanding the development of the DEVELOPMENT PROPERTY during the term of the DEVELOPMENT PROJECT, OWNER shall continue to have the right to lease FINAL PLAT Outlot G for the purpose of the cultivation of crops, and OWNER and any tenant of OWNER shall have the right to continue the cultivation of crops on those portions of the DEVELOPMENT PROPERTY which are not subject to an active development of a phase subdividing the DEVELOPMENT PROPERTY into residential lots. ARTICLE 9 RESPONSIBILITY FOR COSTS 9.1. DEVELOPER IMPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IlVIPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CTTY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CTTY shall have approved the contract or subcontract. 9.2. SITE IMPROVEMENT COSTS. DEVELOPER shall pay for the SITE IlVIl'ROVEMENTS identified on Exhibit G that are constructed by the CTTY pursuant to an ASSESSMENT APPEAL WAIVER AGREEMENT FOR SITE IlVIPROVEMENTS. 9.3. OFF-SITE IMPROVEMENT COSTS. DEVELOPER or OWNER shall pay for a portion of the OFF-STTE IlVIPROVEMENTS identified on Exhibit H that are constructed by the CTTY pursuant to the terms and conditions of this DEVELOPMENT AGREEMENT, including an ASSESSMENT APPEAL WAIVER AGREEMENT FOR OFF-SITE IlVIPROVEMENTS. 9.4. CITY MISCELLANEOUS EXPENSES. The DEVELOPER shall reimburse the CITY for all actual engineering administrative, legal and other expenses incurred or to be incurred by the CITY in connection with this DEVELOPMENT AGREEMENT and FINAL PLAT approval 18 and acceptance and authorization of improvements, which costs are included in the ASSESSMENT APPEAL WAIVER AGREEMENT FOR SITE IMPROVEMENTS and identified on Exhibit G as "Indirect Costs." Such Indirect Costs shall not exceed 30% of the Tota1 Construction Costs identified on Exhibit G. 9.5. ENFORCEMENT COSTS. The DEVELOPER shall pay the CTTY for costs incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering and reasonable attorneys' fees. ARTICLE 10 DEVELOPER WARRANTIES 10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby makes and states the DEVELOPER WARRANTIES. ARTICLE 11 OWNER WARRANTIES 11.1. STATEMENT OF OWNER WARRANTIES. The OWNER hereby makes and states the OWNER WARRANTIES. ARTICLE 12 CITY WARRANTIES 12.1. STATEMENT OF CITY WARRANTIES. The CITY hereby makes and states the CTTY WARRANTIES. ARTICLE 13 INDEMNIFICATION OF CITY 13.L INDEMNIFICATION OF CITY BY DEVELOPER. Provided the CITY is not in DEFALJLT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or damage, DEVELOPER shall indemnify, defend and hold the CTTY, its COLTNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs of suffers, which arise out of, result from or relate to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER 19 IlVIPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; e) failure by the DEVELOPER to pay for materials; � approval by the CTTY of the FINAL PLAT; g) approval by the CTTY of the DEVELOPMENT PLANS; h) failure to obtain the necessary permits and authorizations to construct the DEVELOPER IlVIPROVEMENTS; i) construction of the DEVELOPER IlVIPROVEMENTS; j) delays in construction of the DEVELOPER IlVIPROVEMENTS; k) payment by DEVELOPER for any required costs or assessments; 1) all costs and liabilities arising because building permits were issued prior to the completion and acceptance of the DEVELOPER IlVIPROVEMENTS. 13.2. INDEMNIFICATION OF CITY BY OWNER Provided the CITY is not in DEFALJLT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or damage, OWNER shall indemnify, defend and hold the CTTY, its COLTNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs of suffers, which arise out of, result from or relate to: a) breach by the OWNER of the OWNER WARRANTIES; b) payment by OWNER for any required assessments, pursuant to Exhibit J. 13.3. NOTICE. Within a reasonable period of time after the CTTY's receipt of actual notice of any matter giving rise to a right of payment against the CTTY pursuant to Section 13.1 or 13.2, the CTTY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER and/or OWNER. The DEVELOPER and/or OWNER shall not be obligated to make any payment to the CTTY for any such claim until the passage of thirty (30) days from the date of its receipt of 20 FORMAL NOTICE from the CTTY, during which time the DEVELOPER and/or OWNER shall have the right to cure or remedy the event leading to such claim. 13.4. DEFENSE OF CLAIM. Provided the CTTY is not in DEFALJLT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or demand, with respect to claims or demands asserted against the CTTY by a third party of the nature covered by Sections 13.1 and 13.2 above, and provided that the CTTY gives FORMAL NOTICE thereof, the DEVELOPER and/or OWNER, depending on which is the defaulting party will, at its sole expense, provide for the defense thereof with counsel of its own selection but approved by the CITY; the DEVELOPER and/or OWNER will pay all costs and expenses including attorneys' fees incurred in so defending against such claims, provided that the CTTY shall at all times also have the right to fully participate in the defense at the CTTY's expense. If the DEVELOPER and/or OWNER fails to defend, the CTTY shall have the right, but not the obligation, to undertake the defense of, and to compromise or settle the claim or other matter, for the account of and at the risk of the DEVELOPER and/or OWNER. ARTICLE 14 CITY REMEDIES UPON DEVELOPER DEFAULT 14.1. CITY REMEDIES. If a DEVELOPER or OWNER DEFALTLT occurs, that is not caused by FORCE MAJEURE or negligent error or omission by the CTTY, the CTTY shall give the DEVELOPER and OWNER FORMAL NOTICE of the DEFALTLT and the DEVELOPER and/or OWNER shall have ten (10) days to cure the DEFALTLT. If the DEVELOPER and/or OWNER, after FORMAL NOTICE to it by the CTTY, does not cure the DEFALJLT within ten (10) days, then the CTTY may avail itself of any remedy afforded by law and any of the following remedies: a) the CTTY may specifically enforce this DEVELOPMENT AGREEMENT; b) the CTTY may suspend any work, improvement or obligation to be performed by the CITY; c) the CTTY may collect on the irrevocable letter of credit or cash deposit pursuant to Article 15 hereof; d) the CTTY may suspend or deny building and occupancy permits for buildings within the FINAL PLAT; e) the CTTY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CTTY reimburse the CTTY for any costs and expenses incurred by the CTTY. In the alternative, the CTTY may in whole or in part, specially assess any of the costs and expenses incurred by the CTTY; and the DEVELOPER hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special 21 assessment resulting therefrom, including but not limited to, notice and hearing requirement and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 14.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT AGREEMENT is breached by the DEVELOPER or OWNER and thereafter waived in writing by the CTTY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. 14.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT AGREEMENT or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CTTY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 14.4. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof relating to FORMAL NOTICE to the DEVELOPER and OWNER in case of a DEFALTLT and notwithstanding the requirement contained in Section 14.1 hereof relating to giving the DEVELOPER and/or OWNER a ten (10) day period to cure the DEFALTLT, in the event of an emergency as determined by the CTTY ENGINEER, resulting from the DEFALJLT, the CTTY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE and without giving the ten (10) day period to cure the DEFALJLT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CTTY reimburse the CTTY for any and all costs incurred by the CTTY. In the alternative, the CTTY may, in whole or in part, specially assess the costs and expenses incurred by the CTTY; and the DEVELOPER hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting therefrom, including but not limited to, notice and hearing requirements and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. ARTICLE 15 FINANCIAL OBLIGATIONS 15.1. LETTER OF CREDIT REQUIREMENT. Prior to release of the FINAL PLAT for recording the DEVELOPER shall deposit with the CTTY an irrevocable letter of credit, acceptable to the CTTY for the amount stated in DEVELOPER'S LETTER OF CREDTT 22 CALCLTLATIONS and DEVELOPER'S CASH REQUIREMENTS, attached hereto as Exhibits P and Q, respectively. All cost estimates shall be acceptable to the CTTY ENGINEER. The total letter of credit amount was calculated as shown on the attached Exhibit P. The bank and form of the irrevocable letter of credit, or cash deposit shall be subject to approval by the City Finance Director and City Attorney and shall continue to be in full force and effect until released by the CTTY. The irrevocable letter of credit shall be for a term ending December 31, 2020 for the first phase of the development and for four years for each subsequent phase. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31 four years after the last phase of the DEVELOPMENT PROJECT has been approved by the COLJNCIL and further provided that the irrevocable letter of credit states that at least sixty(60) days prior to the expiration date the bank will notify the CTTY that if the bank elects not to renew for an additional period. The irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT AGREEMENT. The CITY may draw down on the irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 14.1 relating to a DEVELOPER DEFALTLT, for any of the following reasons: a) a DEVELOPER DEFALTLT; or b) upon the CTTY receiving notice that the irrevocable letter of credit will be allowed to lapse before December 31 in the final phase of the DEVELOPMENT PROJECT. The CITY shall use the letter of credit proceeds or cash deposit proceeds to reimburse the CTTY for its costs and to cause the DEVELOPER IlVIPROVEMENTS listed on Exhibit D to be constructed to the extent practicable; if the CTTY ENGINEER determines that such DEVELOPER IlVIPROVEMENTS listed on Exhibit D have been constructed and after retaining 10% of the proceeds for later distribution pursuant to Section 15.2, the remaining proceeds shall be distributed to the DEVELOPER. With CITY approval, the irrevocable letter of credit may be reduced pursuant to Section 15.2 from time to time as financial obligations are paid and portions of the improvements are completed. 15.2. ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER IMPROVEMENTS. The DEVELOPER may request that the letters of credit for Exhibits G and P be reduced at the time of substantial completion for each phase of the DEVELOPMENT PROJECT to 125% of the value of only the outstanding incomplete improvements. If it is determined by the CTTY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CTTY inspection, the CTTY may require, as a condition of acceptance, that the DEVELOPER post a irrevocable letter of credit, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. In the event that work, which is concealed, was done without permitting CTTY 23 inspection, then the CTTY may, in the alternative, require the concealed condition to be exposed for inspection purposes. Absent the occurrence of any deficiencies noted above, DEVELOPER'S letters of credit may be reduced accordingly, based on the completion of each improvement on Exhibits G and P. For Site Improvements on Exhibit G, the letter of credit may be reduced after the Year 1 Assessments are certified/levied to release all the portion of the letter of credit that was being retained for all Site Improvements, except the final streets letter of credit, which may be reduced, but shall not be released in full until the Year 3 Assessments are certified/levied. 15.3. CASH REQUIREMENTS. At the time that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall deposit cash to the CTTY for those items and in the amount stated on the DEVELOPER'S CASH REQUIREMENTS shown on Exhibit Q. ARTICLE 16 MISCELLANEOUS 16.1. CITY'S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPER IlVIPROVEMENTS. 16.2. ADDITIONAL IlVIPROVEMENTS. If the DEVELOPER requests the CTTY to construct the DEVELOPER IlVIPROVEMENTS, the CTTY at its option, may install and construct the DEVELOPER IlVIPROVEMENTS. In such case, the CTTY, at its option, may specially assess the cost wholly or in part therefore under Minnesota Statutes Chapter 429, or may draw the irrevocable letter of credit or cash deposit. If the CTTY specially assesses the cost of any portion thereof, then the DEVELOPER herebys waive any and all procedural and substantive objections to the installation of the improvements and the special assessments, including but not limited to, notice and hearing requirements and any claim that the special assessments exceed the benefit to the FINAL PLAT. The DEVELOPER waives any appeal rights otherwise available pursuant to Minnesota Statute §429.081. The DEVELOPER acknowledges that the benefit from the improvements equal or exceed the amount of the special assessments. 16.3. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CTTY under this DEVELOPMENT AGREEMENT. 16.4. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT AGREEMENT. 16.5. RECORDING. The DEVELOPMENT AGREEMENT and FINAL PLAT shall be recorded with the COLJNTY Recorder and the OWNER and DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 16.6. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the land in the PLAT, and shall be binding upon the successors and assigns of the OWNER and DEVELOPER. 24 This DEVELOPMENT AGREEMENT shall also run with and be binding upon any after acquired interest of the OWNER and DEVELOPER in the land made the subj ect of the FINAL PLAT. 16.7. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT AGREEMENT without the written permission of the COLJNCIL, which approval will not be unreasonably withheld. In such case, the third-party buyer will be required to accept and assume all contractual and financial responsibilities provided in this DEVELOPMENT AGREEMENT. Upon satisfaction of such requirements by such third-party buyer, the DEVELOPER's obligations hereunder shall terminate. Absent approval of the Council, the DEVELOPER's obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots, the entire FINAL PLAT, or any part of it. 16.8. AMENDMENT AND WAIVER The parties hereto may by mutual written agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may e�tend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT AGREEMENT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT AGREEMENT, waive compliance by another with any of the covenants contained in this DEVELOPMENT AGREEMENT, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT AGREEMENT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 16.9. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be governed by and construed in accordance with the laws of the State of Minnesota. 16.10. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 16.11. HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT AGREEMENT are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 16.12. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 16.13. ACCESS. The DEVELOPER and OWNER hereby grant to the CTTY, its agents, employees, officers, and contractors a license to enter the DEVELOPMENT PROPERTY to perform all work and inspections deemed appropriate by the CITY during the installation of 25 DEVELOPER IlVIPROVEMENTS, SITE IlVIPROVEMENTS AND OFF-SITE IlVIPROVEMENTS. IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT AGREEMENT. [The remainder of this page has been intentionally left blank.] 26 CITY: CITY OF COTTAGE GROVE By: Mayor Myron Bailey By: City Clerk Joseph Fischbach STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 27 DEVELOPER: SUMMERGATE DEVELOPMENT,LLC By: Casey Wollschlager Its: Chief Operating Officer STATE OF MINNESOTA ) ) ss COUNTY OF ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Casey Wollschlager to me personally known, who being by me duly sworn, did say that he is the Chief Operating Officer of Summergate Development, LLC., the limited liability company named in the foregoing instrument, and that said instrument was signed on behalf of said company by authority of the Board of Governors and said instrument to be the free act and deed of the company. Notary Public 28 OWNER: SWANLUNDS',INC. By: Peter Swanlund Its: Vice President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Peter Swanlund to me personally known, who being by me duly sworn, did say that he is the Vice President of Swanlunds', Inc., and that the said instrument was signed on behalf of said Owner and acknowledged said instrument to be the free act and deed of said corporation. Notary Public THIS INSTRUMENT DRAFTED BY: AFTER RECORDING,PLEASE RETURN TO: Korine L. Land,#262432 Korine L. Land,#262432 LeVander,Gillen, &Miller,P.A. LeVander,Gillen, &Miller,P.A. 633 South Concord Street, Suite 400 633 South Concord Street, Suite 400 South St. Paul,MN 55075 South St. Paul,MN 55075 (651)451-1831 (651)451-1831 29 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Real properry situated in the City of Cottage Grove, County of Washington, State of Minnesota, legally described as: Lots 1-21, Block 1, Summers Landing Lots 1-32, Block 2, Summers Landing Lots 1-2, Block 3, Summers Landing Outlots A-G, Summers Landing A-1 EXHIBIT B PRELIMINARY PLAT � Y CW= � � � C�= o �L� � ��t�: J C� _ .� ; � � � =:�,: ` � � xs � ��3�� #� �� $ �i ��}��88��igi�� ,s .s � "� o�ii" . `i` ° a� �� g �� !! �� _ ;`i � �3� 3 � �. �¢ � � F( �� =3�"` � 3 Sga a �, �-b,8a�€s��S38§s3��s��as[�� q % � ,;,�e , .,..��.. ,a��.,o<..>oe_.e: $�� i� �- E�� E6�q �� o�gg3 �Y o��6�� oo Y f E g g g ��a�a ��EsF� �.i� � a? �e% ��4�i <6%S a��4 s�9�S93�e��a�.��S��1!��F�� •F.s. ,.� ..;_,. --I � ';i �i fi—r—r—r—r—r—r—r—r—r � Ai— i--i i i—� \ �` � —;� � � ;'� �� :��. :. �. i i i �. i_ i i � i ! � i i i ` � ' ;1 ., _ �� _ ' �:._ __L J__1_'1.-�-_I sl �__� :_� � :::�___i__ I �'..7 W:_:� . � ___- ______� ___ , � — .... —,— _ —_ _-- � _ „� ,. . -a. . n . . _ " �'* ( c��. � $3e; � �° �. {.� '' �F =f IR e'�. 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Yr ,�.v 9ii �� -'•- r . . � . �. a � � �p+O; d�.. . � er,c�,a4 ad,a;�a� sE a:.a a� i a � ��. � e �� F� �� y,9 _ " e° �45 � 4 �°� �I a -�� S&p i Y'� � �� ,m � •°�' �E � me t ' "i . f y a,, i _ �� B-1 EXHIBIT C FINAL PLAT ^ � — � o /_..,.':`....�A �id �•�' � � � � v ' "�I "'� %lii�'olr .,k��\ /� a� e$� � � als � / �° � \ / � ,�;�'�\ � _�� 1 \ '� ,:, l 1 � ==$n � I f �;��, ,�,. =�, --I �, ;?.; & �-� wee � „�, /}t� � e��'� aa�m'— f f�� $ } �`r.�� y I I .., � . Q�.� 1 ' F� �� / � �z I ��G � I \��^� . � �ce `�. � 'II��III��I� � � � \ �� q o= o�l�ul I�y r �__ � i q\ °° �{k / I e -ry A.gl \ I / z`3 - v�?�'�F'�� —=��"=----� � ' a � 3 � � a � ` � � �iII,�I .�� A4�� I�a��ss� �-:...� $; �a � - q -?�S VS�.7 Z �_: :;� � I � $' I . `,3;. "I i;l i :� .c � . . �' �.:� Z ng J i 1 i;L ,"ii ,� V — , °s ,.�.m�.,, .. J ,,. �'L —— � '�� 4 k � J I- y..e� ..,u.�..,.... 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R,- g,C e`��'� rF'a°�.� ' v4i II ., -- --- --J.._ j�---¢ q-__'0 �� ;�----r.s.�.ar-�a � i ' __l i4p q 'sEl li I �@ N n i !s YI . ��. ____�_c ^�I F'8 `___________J .c -_.__.-Na__.ak, II.; y, ti.,�,. �ii _ � L.__.___ _�I t i _..-w.,<za�-- _ s r' a.w-- , zl� � ,. - i -i r,, � �i - � iR .� :ri �I' i:� u' . i y= i..'�• - Ji a r L___':i_____ I __-•�s"r ' ..--mx:m¢a A• _ - � n• .m.� vN9 eeiv4��Nt+la!9P R �rt ..._s.�- °'_�mo�.—_—.-IN - �.uH�r - � � a'`'�� eoe .:.e.:� m,., � .�....x..i�a� 9 y —— ro�w,-.u.u uoic i . �e m f 3� < i �o^o I � i 3 III�I�I " i�y d '_ u?� _._i S°`y" I I1111�'c��` = Ra �c t-T==i _ v. c� _ �;a '�e _i�e�Fp2 Y � " �. . ej�'� � � J F:3� � C-2 EXHIBIT D DEVELOPER IMPROVEMENTS IMPROVEMENT COMPLETION DATE Mass site grading, drainage and erosion control See approved DEVELOPMENT PLANS Stormwater pond on Outlot F Subdivision monuments See Section 4.10 Boulevard restoration Within 60 days after curbing is completed Tree preservation and replacement prior to certificate of occupancy for the lot on which the preservation or replacement is to occur Property pin and certificate of survey compliance before certificate of occupancy Landscaping See Section 4.15 D-1 EXHIBIT E PHASING PLAN � � Y y CW= � � C�� o � �5 ��c C� � : � '�<< 9 �. , �- � - � � � �� ti� � !I �� g L� �� a; � !d I�II lil III I i I � f � e * �� o j �� .III I I il ,II�I-. 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S 5 i � � � �% i i__ i �_�� i �1Z. ` ��. i,; � ', � i � i i .. � i �� . . �� i i t.�� :�: /, . j/J / � / —_ 1J_ � _ I \ 4 �JJ �J�— JJJ JJ_ I �` � /�i�i .'i j�i///�j%�/�i/�// �� / JJ_-- J-- J�JJJJ_ I �� \. �/ �%�/, ..'////%��/ �//�/ �/,ii I_I_. . I I_I.I I.I \\ `\\ j /��/ ., ��/j/�j//� �� /� / /. // I I.. I . � I i I '. I I I \ / // / /'. /'' / �// /� J J �� . I . ;_I .J I. ` � � / '%� �� i !�ii � �-� ---- � - � � � �AV V�V � �A A'. ;i �i%ii� ,�ii�ii% i��i- i �� '— - - � _�_ � ��_ ` V�� A, � � � ,i i/ �i/� / � �ii� i �� — - - ��-- -�� . '� .i��i� ��i�ii/�ii;jii�i �i�� -- -- - �-.- �� , ��. �\� .. i i ,�i i;i�i��i% �, ii>i�i�i �i ��ii� i� __ ..i � , ��-_i.i i� i i u i!__i � i i�.� �; �� ri/� i i , �i !i ii i i.� , i i ..i i.i i i i . ��.i i i i�. 1-i i i i . i '%��ii/�i��i� ��i �i/'�� ' - _ � _��_ ��_i_i i i � � i � � i z5 i � �� isii�ii i �i i , �------- -- - --�� _ � - ---� - � --� .. � , �� ;�i!ji��ii�i �;��ii ,�! ',� i .... . �� _ �_ i . i . i .� -. i�� i��ii��i�i�'iii�i �5. � "✓� ..,, .. ��_�_ _ .�� i � ,!i �;i;ii�jii�i�ii�ii-; ';i;, �i s �`'� - ii��iii i i� . u � ,/�///// �%i� �� 1;�., .. �-: iii�i�.�/ i ' ' �,ii!�ii i% � , 1��/�M, � ` � ��r i//j// � 1. � .t 4�� /� � /� / /�/ / '�i �,/ � { ;a� i i � � � � � � .t,� . Q / � �� .�. �1 �y^ . � //l � '� �� M1'�� . T� �� , yv � �' ' ' V..} � \�J �t��Jy�� ` � � �i i i , i i i i ': i l: . ��,.� � :/>`' �, X �'" � .�� t 'i �4 i .�\ .. �'�: � � '.�� l \ t.� � { t {• . ,� V . / �. � .�� ' r' '\, ?✓. ..�� E-1 EXHIBIT F PERMITS,LICENSES AND OTHER APPROVALS 1. Any licenses or permits required by the Minnesota Department of Health 2. NPDES Permit from the South Washington Watershed District 3. Right of Way Permit from the CTTY 4. Grading Permit from the CITY 5. Any contractor licenses from the CTTY or the State of Minnesota 6. Building Permits from the CTTY 7. Electrical Permits from the CTTY 8. Utility permits that may be required from the CITY, State of Minnesota or any utility company F-1 EXHIBIT G SITE IMPROVEMENTS Table 1.1-Estimated Construction Costs for the Summers Landing Development-Single Family Estimated Estimated Construction Construction Cost Cost 2016 Site im rovement (All Phases) Per Lot (Phasel) Per Lot General $401,550 $1,048 $49,596 $902 Sanita Sewer $1,106,080 $2,888 $180,678 $3,285 WaterMain $1,456,925 $3,804 $243,018 $4,419 Services $929,235 $2,426 $134,140 $2,439 Storm Sewer $1,062,560 $2,774 $227,296 $4,133 Street Improvements $2,356,940 $6,154 $334,740 $6,086 Sidewalks $523,150 $1,366 $95,905 $1,744 Trails $74,230 $194 $0 $0 Lighting $328,140 $857 $51,340 $933 Subtotal $8,238,810 $21,511 $1,316,713 $23,940 Bituminous Trails $133,370 $348 $19,152 $348 Sanita Sewer Extension $124,705 $326 $17,908 $326 Water Main Extension $7,500 $20 $7,500 $136 Subtotal $265,575 $694 $44,560 $810 Water Main Credit for Oversizing ($287,716) ($751) ($26,610) ($484) subtotai ($zs�,�i6� �$�si� �$z6,6io� �$asa� Total Estimated 2016 Construction Costs $8,216,669 $21,454 $1,334,663 $24,266 *22%Indirect Costs (legal,engineering and administrative) $2,465,001 $6,436 $293,626 $7,280 Total Pro'ect Costs $10,681,670 $27,890 $1,628,289 $31,546 2016 Improvement LOC(40%) $651 316 , Final Streets LOC(130%) $192 250 , Total LOC $843,566 *Reduced from 30% to 22% only for purposes of reducing the 2016 improvement LOC (40%). See definition of Indirect Costs at Section 131. Indirect Costs sha11 be capped at 30% of Tota1 Construction Costs. Table 1.2-Area Charges, Summers Landing Development-Single Family Area Char es Total All Phases Per Lot Total Phase 1 Per Lot Sanita Area Char e $ 196 133 $ 512 $ 28 160 $512 Water Area Char e $ 344 866 $900 $ 49 500 $900 Storm Area Char e-sin le famil $997,414 $2,604 $143,220 $2,604 Total Area Char es $1 538 413 $4 016 $220 880 $4 016 G-1 EXHIBIT H OFF-SITE IMPROVEMENTS Table 1.1 —Summers Landing CostParticipation Developer Responsibility Developer Assessments Total Costs Percent Cost Hadley Avenue turn lanes adj acent to Summers Landing $46,742 100% $46,742 Hadley Avenue costs: 90t Street to 95t Street(excludes turn lanes & trails adjacentto development) $1,242,430 30% $372,729 95 Street costs: Hadley Avenue to Mississippi Dunes Blvd. (excludes trails adjacentto development) $430,771 50% $215,385 Roundabout costs (Intersection of 95t Street& Hadley Avenue) $1,171,430 40% $468,572 Non-participating (Water main, Hadley Avenue south of 95th Street& 95th Street east of Hadley Avenue) $1,538,729 0% $0 Total Construction Costs $4,430,102 $1,103,428 30%Indirect Costs (legal, engineering and administration) $1,329,030 $331,028 Subtotal - Pro'ect Costs $5,759,132 $1,434,456 Sanitary Sewer Easement $13,446 100% $13,446 Total Project Costs $5,772,578 $1,447,902 H-1 EXHIBIT I ASSESSMENT APPEAL WAIVER SITE IMPROVEMENTS CITY OF COTTAGE GROVE ASSESSMENT APPEAL WAIVER AGREEMENT FOR SUMMERS LANDING SITE IMPROVEMENTS THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER ("Agreement") is entered into and effective as of the day of , 2016 ("Agreement Date"), by and between the City of Cottage Grove, a Minnesota municipal corporation ("City"), and Summergate Development, LLC ("Developer"). WITNESSETH: WHEREAS,the Developer is the fee simple owner of property legally described on Exhibit A, attached hereto and incorporated herein, ("the Property"); and WHEREAS, Developer is developing the Property into a 383 residential lot development known as Summers Landing("the Development Proj ect")that will be completed in six phases; and WHEREAS, Developer has prepared a Preliminary Plat ("Preliminary Plat") of the Property attached hereto and incorporated herein as Exhibit B; and WHEREAS, in conjunction with the Preliminary Plat, Developer has submitted a phased plan for developing the Development Project, attached hereto and incorporated herein as Exhibit C ("Phasing Plan"), which includes an area known as "Phase 1" on Exhibit C ("Phase 1 Property"); and WHEREAS, as part of the development of Phase 1, Developer acknowledges that certain Site Improvements are required to be constructed on the Phase 1 Property by the City but will be paid for by the Developer("Site Improvements"); and I-1 WHEREAS, as part of the development of Phase 1 Property, Developer acknowledges that Developer is required to pay for Sanitary, Water, and Storm Water Area Charges ("Area Charges"); and WHEREAS, Site Improvements and Area Charges shall collectively be referred to as the Petition Items ("Petition Items") in the amounts detailed on the attached Exhibit D, attached hereto and incorporated herein; and WHEREAS, Developer has petitioned the City pursuant to Minnesota Statute, Chapter 429 to construct and assess the cost of the Petition Items against the portions of the Phase 1 Property, legally described on Exhibit E ("Assessed Phase 1 Properry"), which Petition Items are required to be constructed and paid for solely as a result of the development of the Phase 1 Property; and WHEREAS, Developer is willing to agree to the levy of the Assessment Waiver Amount against the Assessed Phase 1 Property for the Assessment Term with interest accrual at the Assessment Interest Rate; and WHEREAS,the City is willing to construct the Site Improvements on the Phase 1 Property as desired by the Developer, which Site Improvements are necessary for the development of the Phase 1 Property to proceed, provided Developer is willing to waive its assessment appeal rights up to the Assessment Waiver Amount identified on Exhibit D; and WHEREAS, the City is willing to assess the Area Charges against the Assessed Phase 1 Property in lieu of payment of the same by Developer prior to commencement of development of the Phase 1 Property, provided Developer is willing to waive its assessment appeal rights up to the Assessment Waiver Amount identified on Exhibit D; and WHEREAS, the Developer is willing to waive its assessment appeal rights up to the Assessment Waiver Amounts for the Petition Items which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Petition Items; and WHEREAS, the Assessment Waiver Amount is the only amount to which the Developer has agreed to be assessed against the Assessed Phase 1 Property. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the Developer and the City with regard to the Phase 1 Property and the Petition I-2 Items including the waiver of assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Petition Items. Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied assessment). ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: (a) A�reement: This Agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Property and the Petition Items including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) A�reement Date: The date written in the first paragraph of the Agreement. (c) Area Char�es: Sanitary Area Charges, Water Area Charges, and Storm Area Charges which are required to be paid as part of the development of the Phase 1 Property which are detailed in Exhibit D. (d) Assessed Phase 1 Property. The real property that will be assessed for the Site Improvements, legally described on Exhibit E. (e) Assessment Interest Rate: The special assessment levied against the Assessed Phase 1 Property shall accrue interest at a rate of 1.5% above the actual bond rate at the time the City's bonds for the Site Improvements per year for the Assessment Term. (� Assessment Term: The Assessment Term shall be five (5) years from the date of each year's assessment. (g) Assessment Waiver Amount: The total charge imposed by the City for the Petition Items in the amount of One Million Nine Hundred Fifty-Five Thousand Nine Hundred Forty- Two dollars and 00/100s ($1,955,942.00) is to be assessed by the City against the Assessed Phase 1 Property on a per lot basis in the amounts detailed in Exhibit D. The costs related to the Petition Items are described in Exhibit D. The Assessment Amount is commensurate with the estimated special benefit of the improvement to the Phase 1 Property. I-3 (h) C�: The City of Cottage Grove, a Minnesota municipal corporation. (i) Developer: Summergate Development, LLC, a Minnesota limited liability company. (j) Owner: Summergate Development, LLC, a Minnesota limited liability company. (k) Petition Items: The Area Charges and Site Improvements detailed on Exhibit D. (1) Phase 1 Propert� The real property contained within and depicted on Exhibit C identified as"Phase 1." (m)PropertX: Real properry legally described on Exhibit A. (n) Site Improvements: Certain Site Improvements which are required to be made to the Phase 1 Property by the City for the benefit of the Developer, as detailed in Exhibit D. ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and A�reements of the Developer. The Developer covenants and agrees with the City that: (a) Assessment A�peal Waiver: Developer hereby authorizes the City to certify to the Washington County Auditor/Property Tax Assessor a special assessment against the Assessed Phase 1 Properry up to the Assessment Waiver Amount for the Petition Items. The Developer hereby waives all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Assessed Phase 1 Property up to the Assessment Waiver Amount. The Developer hereby waives any and all procedural and substantive objections to the special assessment up to the Assessment Waiver Amount against the Assessed Phase 1 Property, including but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Waiver Amount against the Assessed Phase 1 Property exceeds the benefit to the Property. The Developer acknowledges and agrees that the benefit of the Petition Items to the Property does in fact equal or exceed the Assessment Waiver Amount. The Developer also acknowledges and agrees that the Assessed Phase 1 Property receives a special benefit equal to or exceeding the Assessment Waiver Amount. Furthermore, the Developer acknowledges and agrees that the Petition Items' costs may not be equally spread against all benefited property. The City and Developer acknowledge and agree that the waiver of assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Waiver Amount I-4 by operation of Minn. Stat. § 462.3531. The City and Developer acknowledge and agree that the Developer may appeal any special assessment above the Assessment Waiver Amount. (b) Developer's Covenant Not to Sue the CitX: Developer hereby covenants with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the levied assessment, or for other relief from the payment of the City's levy of a special assessment up to the Assessment Waiver Amount against the Assessed Phase 1 Property. (c) Developer's Covenant that Developer is the Propertv Fee Owner: Developer hereby covenants and warrants with the City that the Developer is seized in fee of the Property and has good right to enter into this Agreement with the City. (d) Developer Recordin� of this A�reement: The Developer will record this Agreement against the Property with the Washington County Recorder and/or Registrar of Titles. Section 3.02 Covenants and A�reements of the Citv. The City covenants and agrees with the Developer that: (a) Assessment Waiver Amount: The City agrees that the City will certify/levy a special assessment against the Assessed Phase 1 Property only up to the Assessment Waiver Amount for the Petition Items pursuant to this Agreement. The assessments shall be certified/levied as follows: (1) In November 2016 ("Year 1 Assessments"), the City shall assess the actual costs of the Petition Items that have been completed and paid up through the date of the assessment. Such assessments shall be assessed equally upon the Assessed Phase 1 Property. (2) In November 2017 ("Year 2 Assessments"), the City shall assess the actual costs of the Petition Items that have been completed and paid from the date of the Year 1 Assessments up through the date of the Year 2 Assessments. Such assessments shall be assessed equally upon the Assessed Phase 1 Property. (3) In November 2018 ("Year 3 Assessments"), the City shall assess the actual or any outstanding costs of the Petition Items that have been completed and paid from the date of the Year 2 Assessments up through the date of the Year 3 Assessments or that will be needed to complete the Site Improvements. Such assessments shall be assessed equally upon the Assessed Phase 1 Property. (b) Pendin� Assessments: Following the recording of this Agreement but before November 2016 when the Year 1 Assessments are levied, the City shall notify the Washington County Auditor/Property Tax Assessor of the proposed assessments, which shall include administrative, legal and engineering costs, for a total of 150% of the Assessment Waiver Amount. Washington County shall document the 150% of the Assessment Waiver Amount as a Pending Assessment ("Pending Assessment"). The City will notify the Washington I-5 County Auditor/Property Tax Assessor that the Pending Assessment amount should be reduced accordingly after each year's assessment is levied pursuant to the timeline in Section 3.02(a). (c) Pavment of Assessments: All pending or levied assessments shall be due at the closing of each lot to a homeowner, or at the end of the Asssessment Term, whichever occurs first. Payments shall be due as follows: (1) If a lot is sold prior to the Year 1 Assessment, the Pending Assessment is due at closing and the title company shall place it into escrow until the assessment is levied in the Year 1 Assessments, at which time, the title company shall release only the assessed amount from escrow and pay it to the City. One hundred twenty five percent (125%) of the balance of the Assessment Waiver Amount shall be retained in escrow to secure the balance of the Pending Assessment. Any remaining funds in escrow that exceed the retained amount shall be released to the Developer. (2) If a lot is sold prior to the Year 2 Assessment or Year 3 Assessment, then the Year 1 Assessment is due at the closing and 125% of the balance of the Assessment Waiver Amount that is due after subtracting the Year 1 Assessment shall be placed into escrow with the Developer's title company to secure the Pending Assessment. Upon certification of the Year 2 Assessment or Year 3 assessment, as the case may be, the title company shall release only the assessed amount from escrow and pay it to the City. Any remaining funds in escrow that exceed the retained amount shall be released to the Developer. After the Year 3 Assessment, any remaining funds in escrow with the title company for each sold lot shall be released to the Developer after the title company receives confirmation from the City that the assessments for that lot are paid in full. (d) Prepavment of Assessment: The City agrees that the Developer may prepay some or all of the City's assessment levy against the Assessed Phase 1 Property for the Petition Items with no penalty and only with interest accrual pursuant to Minn. Stat. § 429.061. After the City has collected the Assessment Waiver Amount, the City shall notify the Washington County Auditor/Properry Tax Assessor and the Developer and no new assessments shall be levied or collected and any pending or levied assessments shall be released. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure I-6 period, the other party(s) may pursue all remedies and sanctions available at law and in equity, including specific performance. Section 4.02 Attornevs' Fees, Costs and Expenses. The Developer agrees to pay the City the amount of the City's assessment levy up to the Assessment Waiver Amount with accrued interest together with the City's attorneys' fees, costs and expenses to defend the special assessment levy by the City pursuant to this Agreement. The Developer acknowledges and agrees that the Developer would be unjustly enriched if the City's assessment levy pursuant to this Agreement was set aside, reduced, repealed or invalidated by a court with jurisdiction over the Assessed Phase 1 Property since the Developer requested the Petition Items and this assessment financing for the Petition Items. The Developer agrees that the court with jurisdiction over the Assessed Phase 1 Property shall award the City the assessment levy up to the Assessment Waiver Amount with accrued interest together with the City's attorneys' fees, costs and expenses for breach of the Developer's covenant not to appeal or sue the City pursuant to Article III, Section 3.01(b). ARTICLE V GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City: City of Cottage Grove Attention: City Administrator 12800 Ravine Parkway South Cottage Grove, MN 55016 If to the Developer: Summergate Development, LLC 10621 — 165�' St. W. Lakeville, MN 55044 Section 5.02 Non-Assi�nabilitv. Neither the City nor the Developer shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. Section 5.03 Bindin� Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. I-7 Section 5.04 Severabilitv. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Chan�es and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Developer. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.07 Entire A�reement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 5.08 Notice To Buvers. The Developer agrees to notify and provide any buyer of any lot within the Property with an executed copy of this Agreement if the Developer sells any interest in the Property following the execution of this Agreement by the Developer and the City but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed by their duly authorized representatives. [remainder of page intentionally blank] I-8 CITY OF COTTAGE GROVE By: Myron Bailey Mayor By: Joseph Fischbach City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public I-9 SUMMERGATE DEVELOPMENT,LLC Casey Wollschlager Chief Operating Officer STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was executed this day of , 2016, by Casey Wollschlager the Chief Operating Officer of Summergate Development, LLC a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT DRAFTED BY: AFTER RECORDING,PLEASE RETURN TO: Korine L. Land,#262432 Korine L. Land,#262432 LeVander,Gillen, &Miller,P.A. LeVander,Gillen, &Miller,P.A. 633 South Concord Street, Suite 400 633 South Concord Street, Suite 400 South St. Paul,MN 55075 South St. Paul,MN 55075 (651)451-1831 (651)451-1831 I-10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real properry situated in the City of Cottage Grove, County of Washington, State of Minnesota, legally described as: Lots 1-21, Block 1, Summers Landing Lots 1-32, Block 2, Summers Landing Lots 1-2, Block 3, Summers Landing Outlots A-F, Summers Landing I-11 EXHIBIT B PRELIMINARY PLAT � N Y CW � ,z E�o � c�� ° � � : za � � f �� €s�� "s € ; E .E � �p#�� a3;�g�ES��q g�g � �� #1 �1��i�Rd;��3@3&6l��Ei� " �� o�.l "' ,_,:i�_I � �` • e� �� ; � � ax �E = ia � �`t �� ° ��,� � °p ; �6 p t.: � �a-�; ;��,i,�� ; ��€=x�e - � �{ � §�x=5 � g �tR i�t�rs�9gs94s�a�$�a�sa�i��R ` � at a�s �e t�.�� E° ➢" � ,.,.,.<.. ..............d � ' E �a..3 ; , a��d a 'k�� 6.g ^ a #¢�:��E,a��a . ,uc. ��6� ��@!F��f{�'��aA':�'s ;� fe �� '.��s € s �� G g6q5 _ ee � ��_ �; g9 �`g{' {�Y�un :g�y7;zY��5�€3[�fFfi .,,,.. .,� ,y .� —�{ � � �;� ai fi—r—r—r— —r—r r—r—r �—� '� �—� 1—� ��il � ...I �I ��'-L ��—L:: L —�. j L._�L��JI f�_J J J_,_1______ I I I 'I I' — -�-J ___ _'__ '— _--_—_—'----------------------`---_____________________—_____---_--__ \ _ � °°}� 3 �� 3 'b d L �& 'E ��. � �p 3 `6 �� 'c� R��°� � •; � �, �, e � ,' I 3' O _.P. � n � �'' � ��< � ,1,.➢I ,.& � °� ' �9 p ..�3� a�,p�.9F .e�9e�,x� ,a�.e� a3 .gl �-; �- — - � � f� i a ,. �� . :1 a' . . a9 °g `:. 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M � � � i � �� 1 �_�% � ,� � _ w: � - �; - ; ��,�� ._ � _ � _ _ , � , Q '\ – , , C`V' _ � � ; � ' -- ��f_ _ �.._„_ � _ _ � � � � � � _------, r---- � ��' ��_� �-� �' �...__ ! .�.� �1 , � ��–��t ' � _�_ �j � � �;�c%� �i -. �–`r � . . � – _ _,� --,_ –, d--'' ,—�=—� � " �-,'M; ' -. -'— _ ' -- � t�l � ��-�. �� --� i� I W �� f 1 ; '� V 1 ' � I } ,Q ' ' � � ..� 3 . , , , , , �\�_� %� = LU � � � 3 � � / �.. � �� ' � '�� C ,1 = � , Q----- - - - �� _._ �----- ` � ` . �,r, W � � ; ��'� � N Q �-...::.-� / �/� -- , , :. , . . i.L�--- , , � � � I-13 EXHIBIT D PETITION ITEMS SITE IMPROVEMENTS Table 1.1-Estimated Construction Costs for the Summers Landing Development-Single Family Estimated Estimated Construction Construction Cost Cost 2016 Site im rovement (All Phases) Per Lot (Phasel) Per Lot General $401,550 $1,048 $49,596 $902 Sanita Sewer $1,106,080 $2,888 $180,678 $3,285 WaterMain $1,456,925 $3,804 $243,018 $4,419 Services $929,235 $2,426 $134,140 $2,439 Storm Sewer $1,062,560 $2,774 $227,296 $4,133 Street Improvements $2,356,940 $6,154 $334,740 $6,086 Sidewalks $523,150 $1,366 $95,905 $1,744 Trails $74,230 $194 $0 $0 Lighting $328,140 $857 $51,340 $933 Subtotal $8,238,810 $21,511 $1,316,713 $23,940 Bituminous Trails $133,370 $348 $19,152 $348 Sanita Sewer Extension $124,705 $326 $17,908 $326 Water Main Extension $7,500 $20 $7,500 $136 Subtotal $265,575 $694 $44,560 $810 Water Main Credit for Oversizing ($287,716) ($751) ($26,610) ($484) subtotai ($zs�,�i6� �$�si� �$z6,6io� �$asa� Total Estimated 2016 Construction Costs $8,216,669 $21,454 $1,334,663 $24,266 *22%Indirect Costs (legal,engineering and administrative) $2,465,001 $6,436 $293,626 $7,280 Total Pro'ect Costs $10,681,670 $27,890 $1,628,289 $31,546 2016 Improvement LOC(40%) $651 316 , Final Streets LOC(130%) $192 250 , Total LOC $843,566 *Reduced from 30% to 22% only for purposes of reducing the 2016 improvement LOC (40%). See definition of Indirect Costs at Section 131. Indirect Costs sha11 be capped at 30% of Tota1 Construction Costs. AREA CHARGES Table 1.2-Area Charges, Summers Landing Development-Single Family Area Char es Total All Phases Per Lot Total Phase 1 Per Lot Sanita Area Char e $ 196 133 $ 512 $ 28 160 $512 Water Area Char e $ 344 866 $900 $ 49 500 $900 Storm Area Char e-sin le famil $997,414 $2,604 $143,220 $2,604 Total Area Char es $1 538 413 $4 016 $220 880 $4 016 I-14 EXHIBIT E ASSESSED PHASE 1 PROPERTY Real properry situated in the City of Cottage Grove, County of Washington, State of Minnesota, legally described as: Lots 1-21, Block 1, Summers Landing Lots 1-32, Block 2, Summers Landing Lots 1-2, Block 3, Summers Landing I-15 EXHIBIT J ASSESSMENT APPEAL WAIVER OFF-SITE IMPROVEMENTS CITY OF COTTAGE GROVE ASSESSMENT APPEAL WAIVER AGREEMENT FOR SUMMERS LANDING OFF-SITE IMPROVEMENTS THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER ("Agreement") is entered into and effective as of the day of , 2016 ("Agreement Date"), by and between the City of Cottage Grove, a Minnesota municipal corporation ("City"), Swanlunds', Inc. ("Owner") and Summergate Development, LLC ("Developer"). WITNESSETH: WHEREAS,the Owner is the fee simple Owner of property legally described on Exhibit A, attached hereto and incorporated herein, ("the Property") that will be benefited by certain Off-Site Improvements; and WHEREAS, Owner has entered into a purchase agreement with Developer who will develop the Property into a development known as Summers Landing ("the Development Project"), that will be completed in six phases, depicted on the attached Exhibit B, which consists of the Preliminary Plat and Phasing Plan; and WHEREAS, Owner, Developer and the City have entered into a Development Agreement dated May 4, 2016 (the"Development Agreement"); and WHEREAS, the Developer has prepared a Final Plat("Plat") for the Development Project, attached hereto as Exhibit C; and WHEREAS, the Owner and Developer have petitioned the City pursuant to Minnesota Statute, Chapter 429 to construct and assess certain Off-Site Improvements of Hadley Avenue and 95�' Street described on the attached Exhibit D ("Off-Site Improvements") solely due to the Development Proj ect, that will benefit the Property; and J-1 WHEREAS, the Owner and Developer are willing to agree to the levy of the Assessment Waiver Amount against the portions of the Property legally described and identified on Exhibit E ("Assessed Property") for the Assessment Term with interest accrual at the Assessment Interest Rate; and WHEREAS, the City is willing to facilitate the Off-Site Improvements as petitioned by the Owner and Developer which are necessary for the Development Project provided that the Off-Site Improvements are funded in part by the Owner and Developer; and WHEREAS, the Owner and Developer are willing to waive their assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Off-Site Improvements; and WHEREAS, the City, Owner and Developer have agreed pursuant to the Development Agreement that the assessment of the cost of the Off-Site Improvements shall not exceed the amount of One Million Four Hundred Forty-Seven Thousand, Nine Hundred Two and 00/100ths Dollars($1,447,902.00). NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01 Purpose. This Agreement is executed and delivered pursuant to the terms and conditions of the Development Agreement and includes the waiver of assessment appeal rights up to the Assessment Waiver Amount which constitutes a benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Off-Site Improvements. Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied assessment). ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: J-2 (a) A�reement: This agreement to memorialize the covenants and agreements between the Owner, the Developer, and the City with regard to the Property and the Off-Site Improvements, including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) A�reement Date: The date written in the first paragraph of the Agreement. (c) Assessed Propertv: The real property that will be assessed for the Off-site Improvements, legally described on Exhibit E. (d) Assessment Interest Rate: The special assessment levied against the Property shall accrue interest at a rate of 1.5% above the actual bond rate at the time the City's bonds for the Off-Site Improvements per year for the Assessment Term. The first interest accrual shall begin on or about November 2016. (e) Assessment Term: Except as provided in Section 3.02, the Assessment Term for each phase of the Development Project shall be three (3) years, with the initial term beginning on the date of the assessment, which shall be on or about November 2016, and a new 3-year term being initiated on or about November of each year during which a Final Plat for a new phase is approved by the City Council. (� Assessment Waiver Amount: The total charge imposed by the City for the Off-Site Improvements shall not exceed the amount of One Million Four Hundred Forty-Seventy Thousand, Nine Hundred Two and 00/100ths Dollars ($1,447,902.00), which amount is to be assessed by the City against the Assessed Property on a pro-rata basis against the Phase 1 lots and Outlot G. The costs related to the Off-Site Improvements are described in Exhibit D. The Assessment Waiver Amount is commensurate with the estimated special benefit of the Off-Site Improvements to the Assessed Property. (g) C�: The City of Cottage Grove, a Minnesota municipal corporation. (h) Developer: Summergate Development, LLC, a Minnesota limited liability company. (i) Owner: Swanlunds', Inc., a Minnesota corporation. (j) Off-Site Improvements: Certain Improvements to Hadley Avenue and 95�' Street which are required for the Development Proj ect and detailed on Exhibit D. (k) PropertX: Real properry legally described on Exhibit A. J-3 ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and A�reements of the Owner and Developer. The Owner and Developer covenant and agree with the City that: (a) Assessment A�peal Waiver: Owner and Developer hereby authorize the City to certify to the Washington County Auditor/Property Tax Assessor a special assessment against the Assessed Property up to the Assessment Waiver Amount for Off-Site Improvements. The Owner and Developer hereby waive all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Assessed Property for Off-Site Improvements up to the Assessment Waiver Amount. The Owner and Developer hereby waive any and all procedural and substantive objections to the special assessment up to the Assessment Waiver Amount against the Assessed Property, including but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Waiver Amount against the Assessed Property exceeds the benefit to the Property for the Off-Site Improvements. The Owner and Developer acknowledge and agree that the benefit of the Off-Site Improvements to the Assessed Property will equal the Assessment Waiver Amount. The Owner and Developer also acknowledge and agree that the Assessed Property receives a special benefit equal to the Assessment Waiver Amount. Furthermore, the Owner and Developer acknowledge and agree that the Off-Site Improvements costs may not be equally spread against all benefited property. The City, Owner and Developer acknowledge and agree that the waiver of assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Waiver Amount by operation of Minn. Stat.§462.3531. (b) Owner's and Developer's Covenant Not to Sue the CitX: Owner and Developer hereby covenant with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the levied assessment, or for other relief from the payment of the City's levy of a special assessment up to the Assessment Waiver Amount against the Assessed Property. (c) Owner's and Developer's Covenant that Owner and Developer are the Propertv Fee Owners: Owner and Developer hereby covenant and warrant with the City that Owner and/or Developer are seized in fee of the Property and have good right to enter into this Agreement with the City. (d) Developer Recordin� of this A�reement: The Developer will record this Agreement against the Assessed Property with the Washington County Recorder and/or Registrar of Titles. Section 3.02 Covenants and A�reements of the Citv. The City covenants and agrees with the Owner and Developer that: J-4 (a) Assessment Waiver Amount: The City agrees that the City will certify/levy a special assessment against the Assessed Property only up to the Assessment Waiver Amount for the Off-Site Improvements pursuant to the Development Agreement and this Agreement, and any costs of the Off-Site Improvements in excess of the Assessment Waiver Amount shall be paid by the City without any right to seek reimbursement or payment from the Owner or Developer and without any right to further assess the Assessed Property. The assessment shall be certified/levied as follows: (1) In November 2016, the City shall assess the costs of the Off-Site Improvements on a per lot pro rata basis against the Assessed Property for the Assessment Term. The assessment for the Assessed Property located in Phase 1, as depicted on the Phasing Plan in Exhibit B, shall be levied immediately; however, Outlot G shall reflect a pending or deferred assessment (the "Deferred Assessment"). The Assessment Interest Rate for all Assessed Property, including Outlot G, shall begin to accrue at this time. (2) Thereafter, in November of each year during which a new phase is approved by the City for development, the City shall on a pro rata basis allocate the Deferred Assessment for all lots in each new phase. The Deferred Assessment for Outlot G shall be reduced accordingly by the amount of the levy for each phase. (3) If no final plat of a new phase is approved after a period of six (6) years from the date of the final plat approval by the City Council from the last phase platted by Developer, then in November of the sixth year, Outlot G will be assessed the balance of the Deferred Assessment that is due, for an Assessment Period of ten(10)years. (b) Prepavment of Assessment: The City agrees that the Owner or Developer may prepay some or all of the City's assessment levy against the Assessed Property for the Off-Site Improvements with no penalty and only with interest accrual pursuant to Minn. Stat. § 429.061. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party(s) may pursue all remedies and sanctions available at law and in equity, including specific performance. Section 4.02 Attornevs' Fees, Costs and Expenses. The Owner and Developer agree to pay the City the amount of the City's assessment levy up to the Assessment Waiver Amount with J-5 accrued interest together with the City's attorneys' fees, costs and expenses to defend the special assessment levy by the City pursuant to this Agreement. The Owner and Developer acknowledge and agree that the Owner and Developer would be unjustly enriched if the City's assessment levy pursuant to this Agreement was set aside, reduced, repealed or invalidated by a court with jurisdiction over the Assessed Property since the Owner and Developer requested the Off-Site Improvements and this assessment financing for the Off-Site Improvements. The Owner and Developer agree that the court with jurisdiction over the Assessed Property shall award the City the assessment levy up to the Assessment Waiver Amount with accrued interest together with the City's attorneys' fees, costs and expenses for breach of the Owner's and Developer's covenant not to appeal or sue the City pursuant to Article III, Section 3.01(b). Notwithstanding the foregoing Owner's obligation to reimburse the City for costs and expenses, including attorney's fees, in any action regarding the special assessment levy shall only apply if the Owner is the plaintiff in an action to set aside a special assessment equal to or less than the Assessment Waiver Amount. ARTICLE V GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City: City of Cottage Grove Attention: City Administrator 12800 Ravine Parkway South Cottage Grove, MN 55016 If to the Owner: Swanlunds', Inc. 1437 Dayton Avenue Saint Paul Park, Minnesota 55071 If to the Developer Summergate Development, LLC 10621 — 165�' St. W. Lakeville, MN 55044 Section 5.02 Non-Assi�nabilitv. Neither the City nor the Owner or Developer shall assign any interest in this Agreement nor shall any party transfer any interest in the same without the prior written consent of the other party. Section 5.03 Bindin� Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. J-6 Section 5.04 Severabilitv. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Chan�es and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City, the Owner and the Developer. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.07 Entire A�reement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 5.08 Notice To Buvers. The Owner and Developer agree to notify and provide any buyer of the Property or any portion thereof, with an executed copy of this Agreement if the Owner or Developer sells any interest in the Property following the execution of this Agreement by the Owner, the City, and the Developer but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles. IN WITNESS WHEREOF, the City, the Owner and Developer have caused this Agreement to be executed by their duly authorized representatives. [remainder of page intentionally blank] J-7 CITY OF COTTAGE GROVE By: Myron Bailey Mayor By: Joseph Fischbach City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public J-8 SWANLUNDS',INC. Peter Swanlund Vice President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was executed this day of , 2016, by Peter Swanlund, the Vice President of Swanlunds', Inc. a Minnesota corporation, on behalf of the corporation. Notary Public J-9 SUMMERGATE DEVELOPMENT,LLC Casey Wollschlager Chief Operating Officer STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was executed this day of , 2016, by Casey Wollschlager the Chief Operating Officer of Summergate Development, LLC a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT DRAFTED BY: AFTER RECORDING,PLEASE RETURN TO: Korine L. Land,#262432 Korine L. Land,#262432 LeVander,Gillen, &Miller,P.A. LeVander,Gillen, &Miller,P.A. 633 South Concord Street, Suite 400 633 South Concord Street, Suite 400 South St. Paul,MN 55075 South St. Paul,MN 55075 (651)451-1831 (651)451-1831 J-10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real properry situated in the City of Cottage Grove, County of Washington, State of Minnesota, legally described as: Lots 1-21, Block 1, Summers Landing Lots 1-32, Block 2, Summers Landing Lots 1-2, Block 3, Summers Landing Outlots A-G, Summers Landing J-11 EXHIBIT B PRELIMINARY PLAT AND PHASING PLAN N C�' Y Q-' . v 1 CWi � ! �� o C�' �� J < . z ... � ;: : - � . . � g t t �� bi!3�� ! � � &88888�3 � � �P e s t a^ � � 6ppp0.p3p�IS �� dE ft �t � `s,i �a�iSa888888f4t@a¢$��49� � �� ; � "� olll . _ ,.., : -II�I.: #¢ a¢ f '4 � �+ .I� � �a � � 3� � ��. € f � �� `>9�}3 fig �� y£g - �6 �E ' . 5� §p :; �� i� �� H� � i �€ a�Rp � � �� $6a9€aF3933§s3a $`a ��ai�¢s ;� tp FP s}� ��39..Ff� j y8�5 .,,...�.... ...,..,o.e,o...es [��B8� �' ..� ��R ��QaSF?Y��$eg3� �oo . . � bg�€9"! eE�, �=nT$$, a�ug pa oCpg �gg 5� @ i g�, ��@�»_.,]2 y:. 3 d �:w g.��_ c fS 8td� 5��.'903e�S�Cl��id'z!�tp�'i •u.., . ..,., ,, a � . ... . �.. 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J-13 EXHIBIT C FINAL PLAT ^ � — � o i::, :....:,� m.� � ` � � � �� o� � � �Il lr�o;, � / i � / ,I., .� \ / �;�� 1 /� � ��_\ � iIj` � � „� � � � ,w�" �.�.;�'' ,�� _1 I �J�' ' ''�\t ..'..; .t�;� I 1 � t k g�:�-k.. ��wro � I I -:,�:�� / a;�� ;� �� , ��`�� \\'� �``- �J C � ` ? $ I� �� -�;� f // \" a �ill�l��(:"I� � \ /'� o� ,litl a�� , r ' i I I` o z ��',. / _ T � YI� � ��s'�§" \__�.,H-nLA"—ffi---� _ _ §��_ :§•�. y e � � I��{ .��:5 0: :e� .. \_ J IIIII c��. v'��.�� s�'�s a 5 6:4 „ -_ r5 _ p;7 33 ��' '�� .�ri �$� aa�= I I` s� � I.. ;� I 2 � �� ,e � O .�1 I �:� I .I 'I . ��:: �3�S `.F. - :�� I :< :: : : �` �, L1 : I:L J 1 y � , , _.-- ,�..,4�, ,,,.. �:I...� �' .,,. �.<��,. � lll I x�=;� I � :. ! - ,�s �� r � — � I „k �� q Ll '� - I� �` �a +�`� ;:i �-:� .. �I , f�;� k� i,, � � g k� a p � � � ,�.� � g "4� .. � � � I i . �I'`: �; ` i I r � � i I � I ' I �:: I �� — — ' i ..� I/ � aRt � Ae� ;:.� � annanu.�...1.., ..- -.ew�«e.n.Rr.riv�.�n-• — — I� rvstft..x1✓dav '__--_— N I � U � O J ��■ � J-14 EXHIBIT C CONT. 0 ._...._:.....�....�.. .. ; ro ' . _. -. .. _. ,. , .. ! i ; " 'R--_--- "---V� L A--'._--._---.,.� a�__---'_—__----' _J I L e—. . niw, a f .w e v8 awa�Y///OM! �x, y __ .�____ rv'ru�xner.vi ; na�ir!eyw rnm , Y MICb ,z a �� p.I V'£`v� mv --I� .-au �i� ureKpl _' _- i rs u r'_ u I ' - ' � ' ;�r N�� n �� j �i � � s; E y';�, , i; ��i i,a � yi �yy� I�^�.§ ily & $I la � a� $ ��la� � ,i i} Q e,`�l �g�r 1 I , � i� 5� � s � �.C FaB+eaW aa'B P II 6 ` I ___ I '�'�� f ' ,�s gu'�� I , '—_—"__—__'J��'nr'_'—_ .r� L q� � iw v q `nn3!+vlH 4He_—_5;.-�`:`\�,. �... i m I , aw - -- - �`� '� �`� � '' � � �k , n., i-�., �.�-,.,�1�-n�.-��w� 3.�--� ry�-rt;.� "�,x�,:- i , � ,� � �, . �. I , tl�o^ ��,a, R I ;` ; � � � I I t��- � � _ ; q F3 > � ._i iF A i'i�i R ni i � io g �I�-� R �,"" �'''�� 6�� $�s " �:'; I ; p�ii "i5 i i' ��i 9i r � i i�� •'a�' $ > k °t i I ? �li i� i i iii i i i��. i% ,yr5��::)., I � �� , c� � � �� - ��1 �.� - `�� 3� - '.� - � .4 { _�.�,.,. , i `. . I I I .. I ' I I 4 d I ` _ p 'T":" � V+ '� 8 i i i x� ��____. .. -� I __ ` � � S,i� R :�a � �;�I� Q ,I � I - , �-�2 �._ -`.i i , � . �' c, �I =i � � �: y � � x � t - o: i' � i '£s� ._,��` g �-w .� _�:�_a-« � �m o , i.� � �" .y��a 9 m __ HR�WW __ ___ I ___. ;� � � � � I� R -��-��'4.fl,�.` _—_—_—' ..�a.. _ . _._ —_— I a I _ 2 9� A�� } I oa-1n�� o�u I�r-a. 1 - mrc � G __ ' � rv � O ' �n H a z ., I'�-I I.II� I I GI �� In -.._. .r�� i ' � � � r I� I I FI �tl �d g 5� 2 � � �I � I k Q I� � - � y � I ` �� yr� � %I I$� §I I el � 6 L J p I g , �� ,,, � b� ; � �� , , � a, � g � �'�` °�� . �I � s� al� �> I � ; �u � e . � ,, , _ � k . . -- �°--- _�.,.�: „ �.«�a � I I� � ._.'__.._. J I ss� J I ..z_a. 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II � '��''�;;.•` .., e . p-- � --- : :� -��,,:-- - � . „ , 7 ;�� . � ;;,� • I - F s' -'� • I 3 � v�� . , � :fi __�., - .-:, 2-- -Po..,_-^�',' j r'---N-a�, �', I --- a�= �11� M1----,.q�:---� II - ", �s n �;, ;�` I � " - F� ---=v=x=— I i 'f___ �v__ &I:. . � _ � n.ic �� vpy $ 1 F qe� :I� I�S � 6 II • z " w,c-x L __I--.vo[ol RVB se.'/q+_N4�ve1>4Wrtaw[u� 60 � � — . __"—_' - ;�� i g�,-. �n. ?.v �u.. � o:..a�.ovxcr R r—_ .a.x.e vr..s ve.� C� 9 I .`�_ I -.''€ � ��.. �q�''a_�i �IIIII�� _ ry 3�� a� ',,.•_ � } �t-i- �_ - I�� ..�� s'"=i� �S�I ''_ _ `y ,.�� -�� Y `'o s: �'�r ��i LI��.�€� 5':o` �� ' ,-� U i =_� � I � J ri J-I S EXHIBIT D OFF-SITE IMPROVEMENTS Developer Total Responsibility Developer Assessments Costs Percent Cost Hadley Avenue turn lanes adj acent to Summers Landing $46,742 100% $46,742 Hadley Avenue costs: 90t Street to 95t Street(excludes turn lanes & trails adjacent to development) $1,242,430 30% $372,729 95t Street costs: Hadley Avenue to Mississippi Dunes Blvd. (excludes trails adjacent to development) $430,771 50% $215,385 Roundabout costs (Intersection of 95 Street& Hadley Avenue) $1,171,430 40% $468,572 Non-participating (Water main, Hadley Avenue south of 95�' Street& 95�' Street east of Hadley Avenue) $1,538,729 0% $0 Total Construction Costs $4,430,102 $1,103,428 30% Indirect Costs (legal, engineering and administration) $1,329,030 $331,028 Subtotal - Pro'ect Costs $5,759,132 $1,434,456 Sanitary Sewer Easement $13,446 100% $13,446 Total Pro'ect Costs $5,772,578 $1,447,902 J-16 EXHIBIT E LEGAL DESCRIPTION OF ASSESSED PROPERTY Real properry situated in the City of Cottage Grove, County of Washington, State of Minnesota, legally described as: Lots 1-21, Block 1, Summers Landing Lots 1-32, Block 2, Summers Landing Lots 1-2, Block 3, Summers Landing Outlot G, Summers Landing J-17 EXHIBIT K BUILDER'S ESCROW Builder Escrow Per Lot Yard & Boulevard Sod $3,943 Boulevard Trees—Interior * $428 Sidewalk Replacement- Interior Lot $778 Curb Stop Inspection Fee ** $300 Grading As-built Review Fee ** $30 Right-of-wayPermitFee ** $50 Property As-built Survey & Corner Pin Placement $1000 Total Escrow Added to Buildin Permit $6,529 * Adjustments needed for corner lots ** Fee collected with building permit K-1 EXHIBIT L MISCELLANEOUS REQUIREMENTS Prior to release of the PLAT for recording the OWNER shall enter into a separate recordable agreement that sets forth the above terms, conditions and covenants relating to street lighting; the street lighting agreement shall then be recorded with the PLAT. 1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE PLAT TO BE RECORDED. a) Letter of Credit. DEVELOPER must provide the letter of credit for the amount stated on Exhibits G and N of this DEVELOPMENT AGREEMENT. b) Park Fee and Credits Relatin� Thereto. With the entirety of the DEVELOPMENT PROPERTY, and under the conditions of approval of the PRELIMINARY PLAT, the Developer is required to deed to the CITY PRELIMINARY PLAT PARK A, B, and C and Outlot F of Summers Landing, with Park A deeded to CITY with DEVELOPER's second phase, and Park B, Park C, and PRELIMINARY PLAT Outlot F deeded with the third phase of the development. . The City agrees to calculate park dedication fees based on City land dedication requirements for the 153.1 net acres of the Summers Landing proj ect and for the Developer to pay a prorated portion for each separate phase. Based on a 10% land dedication requirement and the City land dedication policies, the City is giving credit for 8.34 acres of land for public park purposes which is 54% of the 15.31 acres required for the combined gross acreage in Summers Landing project. For this reason, the Developer must pay 46% of the $3,400 per lot park fee in lieu of land dedication for a total fee of$599,012 for the PLAT ($1,654 per lot). This formula is based on 383 lots proposed for the entire PLAT. As a result, the Developer must pay the park dedication fee totaling $86,020 for Summers Landing lst Addition with the remaining $512,992 due proportionally with each subsequent phase of the Summers Landing development. The park dedication fees are included in the Cash Requirements on Exhibit Q. 2) BUII,DING PERMITS. No building permits may be obtained until: a) all the conditions in Paragraph 2 of this Exhibit L have been met; b) the FINAL PLAT is recorded with the Washington County Recorder; c) all the following documents have been recorded: • Development Agreement • Assessment Waiver Agreement for Site Improvements • Assessment Waiver Agreement for Off-Site Improvements • Easement Agreement for Construction and utility Purposes between OWNER, DEVELOPER and CITY L-1 • Stormwater Management Agreement for Temporary Stormwater Management Facilities between OWNER, DEVELOPER AND CITY • Easement Agreement for Construction and Drainage and Utiltiy Purposes between OWNER and CITY d) Builder's Escrow has been received by the CTTY for the associated lot, as required in Exhibit K. 3) CERTIFICATES OF OCCUPANCY. Prior to issuance of any certificate of occupancy, all the following conditions must be satisfied: a) All the conditions listed in Paragraphs 1 and 2 of this Exhibit L must be satisfied. b) The base course of bituminous for the streets serving the lot must be constructed by the DEVELOPER and approved by the CITY and determined by the CITY to be available for use. c) The utilities have been installed. d) As-built surveys are received by the CITY. 4) SUBDIVISION EROSION CONTROL. DEVELOPER is responsible for erosion control throughout the PLAT pursuant to the NPDES permit until all lots in the PLAT are built upon and until turf is established in each of the individual lots in the PLAT. 5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING PROPERTY. The escrow amount stated on Exhibit G shall include an appropriate amount as determined by the Director of Public Works to assure that the DEVELOPER removes any construction debris from streets adjoining the PLAT and from private properties that adjoin the PLAT. During the construction of the residences and other improvements within the PLAT, the DEVELOPER is responsible for removing any construction debris (including roofing materials, paper wrappings, construction material and other waste products resulting from construction) that may be blown from the construction site into adj oining private properties or into CITY streets or that may fall from delivery trucks onto adj oining private properties or CTTY streets. Further, during construction, the DEVELOPER must clear the CTTY streets of any dirt or other earthen material that may fall onto the CTTY streets from the delivery trucks that are being used in the excavation and grading of the site. 6) ROAD EXTENSION RIGHT OF WAY. The 95�' Street road extension area on the southwest corner of the PLAT shall be dedicated as public right of way in Phase 3 to facilitate the construction of the roadway. The right of way shall be as described in the 95�' Street Road Extension study on file with the CTTY, identified as PRELIMINARY PLAT Outlot E. 7) LANDSCAPED ISLAND MAINTENANCE. Landscaped islands shall be provided in the center of all cul-de-sacs and have irrigation installed to the islands. The islands shall be platted as outlots and maintained and owned by the Homeowners' Association. L-2 8) MAII,BOXES. The DEVELOPER is responsible for the placement of a mailbox for all the lots within the DEVELOPMENT PROJECT and must comply with the United States Postal Service's mailbox design and placement requirements. The mailboxes must all be of similar design and color within the DEVELOPMENT PROJECT. 9) SIDEWALK SNOW REMOVAL AND TRAII, MAINTENANCE. The CITY shall provide snow removal of transportation trails and sidewalks, including those trails and sidewalks construction in PRELINIINARY PLAT Park A, B and C. If the CITY does not provide snow removal on a trail or sidewalk within the DEVELOPMENT PROJECT, except for the sidewalk and/or trail along Mississippi Dunes Boulevard, the Homeowners' Association or the property owner abutting the trail or sidewalk must remove the snow and/or ice as determined by the governing documents of the Homeowners' Association. L-3 EXHIBIT M EASEMENT AGREEMENT FOR CONSTRUCTION AND UTILITY PURPOSES BETWEEN OWNER,DEVELOPER AND CITY EASEMENT AGREEMENT FOR CONSTRUCTION AND UTII,ITY PURPOSES THIS EASEMENT AGREEMENT FOR CONSTRUCTION AND UTILITY PURPOSES (Easement) is made, granted and conveyed this day of , 2016, by and between Swanlunds', Inc., a Minnesota corporation (hereinafter referred to as "Landowner"), Summergate Development, LLC, a Minnesota limited liability company ("Summergate") and the City of Cottage Grove, a municipal corporation organized under the laws of the State of Minnesota(hereinafter referred to as"City"). The Landowner owns the real property situated within Washington County, Minnesota as described on the attached Exhibit A(hereinafter "Landowner's Property"). Summergate owns the real property situated within Washington county, Minnesota as described on the attached Exhibit B (hereinafter"Summergate's Property"). Summergate is constructing Summers Landing, which, pursuant to the Preliminary, and the first Final plat of the Property, is a 383 residential lot development that will be constructed in six separate phases on property previously and currently owned by Landowner (the "Development Proj ect"). Landowner, Summergate and the City have executed a Development Agreement for Summers Landing dated May 4, 2016 (the "Development Agreement"), which is or will be recorded with the Washington County Recorder's Office and which governs the Development Proj ect. The Landowner in consideration of the sum of One Dollar and other good and valuable consideration to them in hand paid by Summergate, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto Summergate, its successors and assigns, the following: M-1 A permanent nonexclusive easement for utility purposes, which means the installation of a 12 inch diameter perforated pipe in a granular basin that discharges into a riprap settling basin (the "Improvements") and all such purposes ancillary, incident, and related thereto (hereinafter "Permanent Easement") under, over, across, through and upon the real property identified and legally described and depicted on Exhibit C hereinafter the "Permanent Easement Area") attached hereto and incorporated herein by reference. and A temporary construction easement to the extent necessary for the construction of the Improvements, for grading sloping and construction purposes in accordance with the plans and specifications provided by Summergate, and all such purposes ancillary, incident or related thereto (hereinafter"Temporary Easement")under, over, across, through and upon that real property identified and legally described and depicted on Exhibit C (hereinafter the "Temporary Easement Area") attached hereto and incorporated herein by reference. The Temporary Easement shall not be construed to allow Summergate to erect any buildings, structures or facilities of a permanent nature on Landowner's Property other than the Improvements within the Permanent Easement Area. Summergate shall, at its own expense, restore any damage to Landowner's Property which results from Summergate's construction activities, to its original condition as existing before such construction. The Temporary Easement shall expire on the earlier of the completion of the construction of the Improvements or June 30, 2017, whichever occurs first and be of no force and effect thereafter. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of the Improvements, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. The rights of Summergate also include the right of the Summergate, its successors and assigns, and their contractors, agents and servants: a.) to enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading sloping and restoration relating to the purposes of this Easement; and b.) to maintain the Permanent Easement Area, any improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and c.) to remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, M-2 construction and maintenance of the pipes, conduits, or mains and to deposit earthen material in and upon the Permanent Easement Area. The rights of the Summergate also include the right of Summergate, its successors and assigns, and their contractors, agents and servants: a.) to enter upon the Temporary Easement Area during the term of its existence for the purposes of construction, inspection, grading sloping and restoration relating to the purposes of this Easement; and b.) to maintain the Temporary Easement Area during the term of its existence; and c.) to remove from the Temporary Easement Area during the term of its e�stence trees, brush, herbage, aggregate, undergrowth, curb, concrete, asphalt, and other obstructions interfering with the location, construction and maintenance of the temporary roadway/driving surface within the Temporary Easement Area. Landowner reserves the right to use the Temporary Easement Area and the Permanent Easement Area for all purposes which are not inconsistent with the rights herein conveyed, and nothing contained herein shall impair any right of Landowner to use the Permanent Easement Area in any manner, including without limitation the use of Landowner's Property for agricultural purposes, so long as the same shall not permanently affect the enjoyment of the Permanent Easement Area by Summergate. The Permanent Easement shall terminate upon construction of Phase 3 of the Development Proj ect pursuant to the Phasing Plan depicted on Exhibit D. The parties agree that, in the event of either of the following events, whichever occurs first, Summergate shall promptly assign and Landowner shall consent to the assignment of Summergate's Permanent Easement rights hereunder or shall otherwise effectuate the legal transfer of Summergate's Permanent Easement rights hereunder to City for utility purposes: a. Summergate's Default as that term is defined in the Development Agreement; b. A lapse of five (5) years between the time the City approves the final plat of Phase 2 of the Development Project pursuant to the Phasing Plan depicted on Exhibit D and Grantee's submittal of a final plat application for Phase 3. In the event of assignment to the City, the City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to the Permanent Easement Area or the Landowner's Property prior to the date hereof. In the event of assignment to the City, nothing contained herein shall be deemed a waiver by M-3 the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with Summergate, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A and the Permanent Easement Area described and depicted on Exhibit C and the Temporary Easement Area described and depicted on Exhibit C and has good right to grant and convey the Permanent Easement and Temporary Easement herein to Summergate. Subject to the terms and conditions contained herein, Summergate, its successors and assigns, shall have the obligation to maintain, repair, replace and inspect the Improvements which Summergate installs in the Permanent Easement Area and shall, at their sole cost and expense, restore any damage to the Permanent Easement Area or Temporary Easement Area which results from maintenance, repair, replacement or inspection activities, to its original condition, including the back filling of trenches and restoration of pasture areas or farm fields. Summergate, including its successors and assigns, hereby agrees to indemnify, hold harmless and defend Landowner and Landowner's shareholders, directors, officers, agents and employees, including its successors and assigns (collectively the "Indemnified Parties") from and against any and all claim, liability, loss, damage, cost or expense, including reasonable attorney's fees, which may be imposed upon or incurred by any of the Indemnified Parties and which arise from or are related to the exercise by Summergate, or its successors and assigns, of its rights under the easements granted hereunder or failure to comply with the terms and provisions of this Easement. [The remainder of this page has been intentionally left blank.] M-4 IN TESTIMONY WHEREOF, the Landowner, Summergate and the City have caused this Easement to be executed as of the day and year first above written. GRANTOR: SWANLUNDS',INC. By: Peter M Swanlund Its Vice President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Peter M Swanlund, to me personally known who, being by me duly sworn, did say that he is the Vice President of Swanlunds', Inc., the Minnesota corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and that said instrument is the free act and deed of said corporation. Notary Public M-5 GRANTEE: SUMMERGATE DEVELOPMENT,LLC By: Casey Wollschlager Chief Operating Officer STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Casey Wollschlager to me personally known, who being by me duly sworn, did say that he is the Chief Operating Officer of Summergate Development, LLC, a Minnesota limited liability company, the company named in the foregoing instrument, and that said instrument was signed on behalf of said company by authority of its Board of Governors and said Casey Wollschlager acknowledged said instrument to be the free act and deed of the limited liability company. Notary Public M-6 CITY: CITY OF COTTAGE GROVE By: Myron Bailey Mayor By: Joseph Fischbach City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public This instrument was drafted by: After recording, please return to: Korine L. Land, #262432 Korine L. Land, #262432 LeVander, Gillen&Miller, P.A. LeVander, Gillen&Miller 633 South Concord Street, Suite 400 633 South Concord Street, Suite 400 South St. Paul,MN 55075 South St. Paul,MN 55075 �6s1�4s1-is31 �6s1�4s1-is31 M-7 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real Property located in the City of Cottage Grove, Washington County, Minnesota, described as follows: Outlot G, Summers Landing M-8 EXHIBIT B LEGAL DESCRIPTION OF SUMMERGATE'S PROPERTY Real Property located in the City of Cottage Grove, Washington County, Minnesota, described as follows: Lots 1-21, Block 1, Summers Landing Lots 1-32, Block 2, Summers Landing Lots 1-2, Block 3, Summers Landing Outlots A-F, Summers Landing M-9 EXHIBIT C LEGAL DESCRIPTION AND DEPICTION OF THE PERMANENT EASEMENT AREA AND TEMPORARY EASEMENT AREA PERMANENT UTILITY EASEMENT A 10 foot permanent utility easement over, under and across the South Half of the Northeast Quarter of Section 19, Township 27, Range 21, Washington County, Minnesota. The center line of said easement is described as follows: Commencing at the southeast corner of said South Half; thence South 89 degrees 32 minutes 55 seconds West, on an assumed bearing, along the south line of said South Half, a distance of 2640.31 feet to the southwest corner of said South Half, thence North 0 degrees O1 minutes 06 seconds East, along the west line of said South Half a distance of 59.00 feet; thence South 88 degrees 57 minutes 18 seconds East a distance of 295.00 feet, to the point of beginning of the center line to be described; thence continue South 88 degrees 57 minutes 18 seconds East a distance of 875.00 feet; thence northeasterly 111.84 feet, on a tangential curve, concave to the northwest, having a radius of 70.00 feet, and a central angle of 91 degrees 32 minutes 22 seconds; thence North 0 degrees 29 minutes 40 seconds West, tangent to said curve a distance of 380.00 feet; thence North 69 degrees 36 minutes 17 seconds East a distance of 140.00 feet and said center line there terminating. TEMPORARY CONSTRUCTION EASEMENT A 30 foot temporary construction easement over, under and across the South Half of the Northeast Quarter of Section 19, Township 27, Range 21, Washington County, Minnesota. The center line of said easement is described as follows: Commencing at the southeast corner of said South Half; thence South 89 degrees 32 minutes 55 seconds West, on an assumed bearing, along the south line of said South Half, a distance of 2640.31 feet to the southwest corner of said South Half, thence North 0 degrees O1 minutes 06 seconds East, along the west line of said South Half a distance of 59.00 feet; thence South 88 degrees 57 minutes 18 seconds East a distance of 295.00 feet, to the point of beginning of the center line to be described; thence continue South 88 degrees 57 minutes 18 seconds East a distance of 875.00 feet; thence northeasterly 111.84 feet, on a tangential curve, concave to the northwest, having a radius of 70.00 feet, and a central angle of 91 degrees 32 minutes 22 seconds; thence North 0 degrees 29 minutes 40 seconds West, tangent to said curve a distance of 380.00 feet; thence North 69 degrees 36 minutes 17 seconds East a distance of 140.00 feet and said center line there terminating. This Temporary Construction Easement shall expire on or before June 30, 2017 and thereafter be of no force and effect. M-10 EXHIBIT C CONT. y� � � �� _ � _ � • � ��___��_-- E�—"=',a,, � ' . . . N � � ��d O� �P N` l eS� • S C c r W t y N O� ? '` _-`• `p E-p �O a� G d �R ,� ZV M �� ,�Eyai�.E $�� V o�� v m m o � � o.vc v=o � o� r �m ��\�\�� Z x.^.,� L , N � O S �H ��Z � � �� u� � � �\\ `!� �F g m SO O y O W� � Y Ot Y �\ 1 y ..� .. .. -- �. U q� " v s-o m-O�mm� � c ��—.�.��.�... �j�`\\ �No c m rn m � --- t`-�-� �4�Q6C�066Catl ---�r r v°is o � v��s� `0 E.°�o E T r �� , � �� `- w z� VlQ«2Op� NO,s '�' O �� %�-_\�.� \\1 � � u �w L u ln T�� v C �/ 1 11I I W O J v—= Y N � N� v Z t �`A --t�l� IIIIII Q p rS y C 0 � V v Z �__ � Ng I I I �I LL7 �U =o�� c �n v c.� ` V "� °.'�,^o '�lI�i `��I I�Z�I Z o S o « ��o-O y � --iSl F-i- IIIIIIII O � Ol �L N � N V C ?� .,� y�� I I+I ? �y N Utt m y-o t �� p v� �r i -I�s/i � �> UmOCO d ZO.m � '_ ��I �y �0 O v� i. 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' ��. �' �., r � ' � . . � ::�: � � � I� �� I s ti: � � � � � � �. � � � � � � � � � � � � � �� ;.t� 1�X ?, A,�, .n'� ..z. i,. F. M-12 EXHIBIT N STORMWATER MANAGEMENT AGREEMENT BETWEEN OWNER,DEVELOPER AND CITY STORMWATER MANAGEMENT AGREEMENT FOR TEMPORARY STORMWATER MANAGEMENT FACILITIES This AGREEMENT made this_day of , 2016, by and between the CITY OF COTTAGE GROVE, a Minnesota municipal corporation (hereinafter referred to as the "City") and SUMMERGATE COMPANIES, LLC, a Minnesota Limited Liability Company, (hereinafter referred to as the "Developer"), and SWANLUNDS', INC., a Minnesota Corporation, (hereinafter referred to as the"Owner"). WHEREAS, the Developer owns real property comprising a portion of the plat of Summers Landing in the City of Cottage Grove, Washington County, Minnesota and legally described on the attached Exhibit A. WHEREAS, the Owner owns real property comprising a portion of the plat of Summers Landing in the City of Cottage Grove, Washington County, Minnesota and legally described on the attached Exhibit B (hereinafter the"Subj ect Property"). WHEREAS, the City, the Developer and the Owner have entered into a Development Agreement for Plat of Summers Landing dated May 4, 2016 and recorded with the Washington County Recorder's Office (the "Development Agreement") for the construction of the Summers Landing Development Project, which will ultimately consist of 383 residential lots and be constructed in and consist of six (6) separate phases (the"Development Project"). WHEREAS, for purposes of this Agreement, the term "Temporary Stormwater Management Facilities" refers to the temporary 12 inch diameter perforated pipe in a granular basin that discharges into a riprap settling basin and other Improvements, as defined in the Easement for Construction and Utility Purposes by and between the Owner, Developer and the City, which will serve as a temporary outlet to the permanent stormwater management facilities located in the first phase of the Development Proj ect, and will be located on the Subj ect Property. WHEREAS, as a part of the first phase of the Development Proj ect, the Developer will be constructing Temporary Stormwater Management Facilities on the real property described on Exhibit B to serve the the first phase of the Development Proj ect. N-1 WHEREAS, the Temporary Stormwater Management Facilities will become unnecessary upon the Developer's construction of the public improvements in the third phase of the Development Project because those public improvements include permanent stormwater management facilities that will serve the first three phases of development. WHEREAS, the City has required that the Developer make provision for the construction, maintenance and repair of the Temporary Stormwater Management Facilities located within the boundaries of the Subject Property as shown on Exhibit B attached hereto, as the same is described and depicted in those certain construction plans drawn by Loucks, Inc., dated February 12, 2016 (the "Plans) attached hereto as Exhibit C. WHEREAS, the Owner, the Developer and the City have entered into an Easement Agreement for Construction and Utility Purposes for the construction and operation of the Temporary Stormwater Management Facilities on the Subject Property. WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Temporary Stormwater Management Facilities and the responsibility relating to the costs of the repair and maintenance of the Temporary Stormwater Management Facilities in this Agreement. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction and Maintenance of Temporary Stormwater Mana�ement Facilities. The Developer, at its sole cost and expense, agrees to construct the Temporary Stormwater Management Facilities according to the Plans and repair and maintain the Temporary Stormwater Management Facilities on the Subject Property. Maintenance of the Temporary Stormwater Management Facilities shall mean (i) monthly inspections of the Temporary Stormwater Management Facilities and, if necessary, removal of all litter, debris, sediment, and replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy functioning plant life therein; and (ii) an annual inspection, and certification, by a qualified individual or company acceptable to the City that the Temporary Stormwater Management Facilities are functioning in accordance with the approved plans and have maintained the proper operation according to the City Standards. If, as a result of an inspection by a qualified individual or company acceptable to the City or City staff, it is determined that the Temporary Stormwater Management Facilities (1) have not been maintained; or (2) are not functioning as originally designed and intended; or (3) are in need of repair, the Developer agrees to restore the Temporary Stormwater Management Facilities so that it functions as it was designed and intended. Subject to Section 4 below, the Developer shall be solely responsible for the repair and maintenance of the Temporary Stormwater Management Facilities and shall provide a copy of the required annual inspection report of the Temporary Stormwater Management Facilities to the City. If the required annual inspection report is not submitted to the City by September 30th of each year, the City shall complete the annual inspection at the Developer's sole cost and expense. N-2 2. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer's failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and the Developer shall promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse the City for any reasonable out-of- pocket expense incurred by the City. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the Subject Property. 3. Removal. At such a time that further development of the permanent stormwater management facilities, which are among the Public Improvements in Phase 3 of the Summers Landing Development Proj ect Phasing Plan, as depicted in the attached Exhibit D, eliminates the need for the Temporary Stormwater Management Facilities on the Subject Property, the Developer shall, at its sole expense, remove the Temporary Stormwater Management Facilities in their entirety from the Subj ect Property, and Developer shall restore all areas that are disturbed as a result of said removal. Restoration shall include seeding and temporary stabilization of disturbed areas pursuant to City standards, and not be deemed complete until seeding has reached 70% establishment in all disturbed areas. 4. Bindin�Effect. This Agreement shall run with the land and shall be binding upon Developer's successors and assigns with respect to any development of the Subject Property. The terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of, the parties hereto and their respective successors and assigns. 5. Citv Responsibilit� If Developer does not complete the Phase 3 Public Improvements as set forth in the Development Agreement, then the City shall undertake and be responsible for the maintenance provisions contained in Section 1 of this Agreement until such time as the Temporary Stormwater Management Facilities are removed. 6. Release. The City shall pass and record a certified copy of a Resolution releasing the Subject Property from this Agreement upon the Developer's completion of the Phase 3 Public Improvements, as set forth and described in the Development Agreement. 7. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. [remainder of page intentionally blank] N-3 DEVELOPER: SUMMERGATE COMPANIES,LLC By: Casey Wollschlager Chief Operating Officer STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Casey Wollschlager to me personally known, who being by me duly sworn, did say that he is the Chief Operating Officer of Summergate Companies, LLC, a Minnesota limited liability company, the company named in the foregoing instrument, and that said instrument was signed on behalf of said company by authority of its Board of Governors and said Casey Wollschlager acknowledged said instrument to be the free act and deed of the limited liability company. Notary Public N-4 OWNER: SWANLUNDS',INC. By: Peter M Swanlund Its Vice President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Peter M Swanlund, to me personally known who, being by me duly sworn, did say that he is the Vice President of Swanlunds', Inc., the Minnesota corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and that said instrument is the free act and deed of said corporation. Notary Public N-5 CITY: CITY OF COTTAGE GROVE By: Myron Bailey Mayor By: Joseph Fischbach City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public DRAFTED BY AND AFTER RECORDING RETURN TO: Korine Land,#262432 LeVander, Gillen&Miller,P.A. 633 South Concord St., Suite 400 South St.Paul,MN 55075 (651)451-1831 N-6 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY Lots 1-21, Block 1, Summers Landing Lots 1-32, Block 2, Summers Landing Lots 1-2, Block 3, Summers Landing Outlots A-F, Summers Landing N-7 EXHIBIT B LEGAL DESCRIPTION OF SUBJECT PROPERTY Outlot G, Summers Landing N-8 EXHIBIT C LOUCKS, INC.'S GRADING AND DRAINAGE PLAN � � Y :: f � Q �€°� - ,� C�o �' � � � �} .F�� - ,. C �a o Y � = e � �s � C� � ; v � �� : �iii�l v� g r t..:o.:t..� � . I IL�F��#�� II� i��: � � 3W£��r� _ � �" r � _ `s_,� z� 35 j'¢"�'< 9 � '9' 3 `&,�Yf�,��;� Q�ad ��ss5�;: '.�&�i�;�`�: ``c�j� ;'.t3z4i� s� "� ��v"e�sp�„ ��, � .d':�= Yy . 9u�. ��8 ,� $ z �4 f'` :€i=efil�"�s?:! e6js:[�.4 a � �: 5�� ' � '�y�� ; ��.�.E �- �� ` '� a Y � �V �n_� a � i - � - } �.. fs�� -�. �� '£a g � £. 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R I 6 I /� I I / � / S � I I // ' '.G�� , .,_.... �._._ ,�� :� _, , �i� , � ,__ �s•±i�� . � % / � ''YLv �3'4�',7ii`Ja�;;i:�:-� 'i� .n��`'%:+'�'` -" '; .si-^�,ar..� � . .. ,.�'�rr' ��."•�,�e7'P•i i " i�� ... .. , -.- ' . . _ . � / I / N-9 EXHIBIT D DEVELOPMENT PROJECT PHASING PLAN � � � r C� Y , wg U 4 � a� z C�� _ o � z�, C� , : ; � _ .�,� �,,; . , . � � z" `�� ' ° ., r.� � §533�?a� � - E C `� �� '$i��i��fi9��`��E��i � � � �� #� I i� I �,!, I �I i i+ � , .. � � �, o��'-1 I I I II�`��li _ _ 4� s� a 6� t ,��I,-p �I .,z �� { ; -, F f3 •�II�1 �,, a I 3 �1 � �'g , ... � �y ��7� ��p �F�y �y �ped�Gy � Q 4g �s �$ j � _ q ��f��%��ga7�s3��a��5s94�a 00 t� e b a sa '�2' � S ��Q o •rry € � � -� �a � 3:, -� E: 9•J�4`. �� 3�w � �Y :a -. F� � � E g ay�`r't��. �� _�E ' . .�� _ �u Rg a E. t��z�Y�a@��a;r�4��i#�iPl�d� n i r � .1 tl.�._.., .,,_ .--3>i.. Y.:p� :\- \�. 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A S 5 �� S i iii i iiiii \ �A "� �� ti� � i iiii i. iiiii � � �� ; �� ' ��-�#- �ti � ��4 �i�� 4 ti - .�� .\ t._"� \ ��'l;W�_—' �� '� � . ;' � � ,� _ �.�� .�ti .ti -� 5 ti �. i ; - �� _ a� �� , �, . �!! �� i i _ i � �� ti-� �-�z4 i��ii i�; �i�� i � -_i - � � \� .k : ." � ,� � ti � � i/� iiii iii - i t \ , � ,;i �. i i�_i� i i i i �. �� : '� ,i, /�i/ _ _ i.�u�i i i iuJ-_�� _-� .� � �� i/ii S ' ti �. "�� . ��/ii�i ��!!i � � �i �'_�� - �' i��i/ i.: � � ' i-�'-'�i�,� i i i i i i i i � - � \ _� �_�_�� .�; � �� i �� ii� �j i�ii� --- u� �� _�� -- � \ 1 : i �i�/�i/ �i ��i%, . . i i i. i � � r:` . .� ii�,i% i; i��i!�i �� i,, �. i i i i - i - �.�� ,.� . i ii jii i i i i i i i i i. �� ;, �i��ii�ii!ii ��"�� i i i � i�.1! -i� - � � ' i,;i /�/�/�ii�� -. i;�, .�. . .. i i I i —JJ --- � ..� '� � \ �. � ' � .�� / � �� JJJ JJJJJJJ_�_JJ � -, �� /��/ �j ��/ __ JJJ JJ __JJ __ __ JJ J iJJJ �r / / / // '/ -j� / j/ / / / ..__ 1JJ JJJJJJ J _ . . JJJ. llll.l � �.i�/, i�/�//�� JII II IIJ . . IIIJ 11111 'j� "' �(� : // j ///� //j// / / i i ' I I I I I 1 I I _ I I �. I I I I I I I I I �7 j%/�j//j//ji%j//j/,i � � I I 1 JJ JJJJ '-J = J I I I I I I I I I �/��j �/��%�/%��/� . /;� ��.l�.N�y!�/�� / —J j./�/ ... ��; i�%/�/� i , ,-: r�:u Q f �/r✓�yi � . � � � � ��G �.' � � i j�� . �v` �'�,u � � ��'� � t �: �,,% i ii�i/�i �i%� �' '�" a '� ,�:�,s�' � ,,,� i��i %ii ii � � ` f ,^! 5 f �,+ �,�rr�C�� ti��Y�, k_ 4.. � ,� �. � �� `� � �� `�� > � ti� �� : � � � � � � y�jy � d`, .. ,. � �S'�',� 4. �� Url � �� !�ij�' ```y� � ;��r N � '��, �� y ,�: �� n 5�� f� �n,� � � �, � ,r . � r :, � �''� �v � �%` ' 'j<�` , � y�� . �--�—�.."`_'�—;�-. ,��-'' � a'`��'��' �� `� `` �<�, ._'fx} 7�`f�±F'✓�lh J /��- ;.rf i� �' y � i /� ��l'�%^' r~M'� ��:% ,t'��l�..5,/ N-10 EXHIBIT O PERMANENT EASEMENT AGREEMENT FOR CONSTRUCTION AND DRAINAGE AND UTII,ITY PURPOSES BETWEEN OWNER AND CITY EASEMENT AGREEMENT FOR CONSTRUCTION AND DRAINAGE AND UTILITY PURPOSES THIS EASEMENT AGREEMENT FOR CONSTRUCTION AND UTILITY PURPOSES (Easement) is made, granted and conveyed this day of , 2016, by and between Swanlunds', Inc., a Minnesota corporation (hereinafter referred to as "Landowner") and the City of Cottage Grove, a municipal corporation organized under the laws of the State of Minnesota(hereinafter referred to as"City"). The Landowner owns the real property situated within Washington County, Minnesota as described on the attached Exhibit A(hereinafter "Landowner's Property"). The Landowner in consideration of the sum of One Dollar and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, the following: A permanent non-exclusive easement for drainage and utility purposes for the installation of an 8 inch diameter sanitary sewer pipe and concrete manholes ("Permanent Easement Improvements") and all such purposes ancillary, incident, and related thereto (hereinafter"Permanent Easement") under, over, across, through and upon the real property identified and legally described and depicted on Exhibit B hereinafter the"Permanent Easement Area") attached hereto and incorporated herein by reference. And A temporary construction easement for grading sloping and construction purposes in accordance with the plans and specifications provided by the City for excavation and stockpiling of material and excvacation for a retrieval pit for the directional boring of the santiary sewer pipe during the installation of the Permanent Easement Improvements ("Temporary Easement Improvements"), and all such purposes ancillary, incident or related thereto (hereinafter "Temporary Easement") under, over, across, through and upon that real property identified and legally described and depicted on Exhibit B (hereinafter the "Temporary Easement Area") attached hereto and incorporated herein by reference. The Temporary Easement The Temporary Easement shall not be construed to allow City to erect any buildings, structures or facilities of a permanent nature on O-1 Landowner's Property other than the Improvements within the Permanent Easement Area. City shall, at its own expense, restore any damage to Landowner's Property which results from City's construction activities, to its original condition as existing before such construction. The Temporary Easement shall expire on the earlier of the completion of the construction of the Improvements or 7une 30, 2017, whichever occurs first and be of no force and effect thereafter. EXEMPT FROM STATE DEED TAX The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of Permanent Easement Improvements and all facilities and improvements ancillary, incident or related thereto, under, over, across,through and upon the Permanent Easement Area. Landowner reserves the right to use the Temporary Easement Area and the Permanent Easement Area for all purposes which are not inconsistent with the rights herein conveyed, and nothing contained herein shall impair any right of Landowner to use the Permanent Easement Area in any manner, including without limitation the use of Landowner's Property for agricultural purposes, so long as the same shall not permanently affect the enjoyment of the Permanent Easement Area by City. The rights of the City also include the right of the City, its contractors, agents and servants: a.) to enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading sloping and restoration relating to the purposes of this Easement; and b.) to maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and c.) to remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the pipes, conduits, or mains and to deposit earthen material in and upon the Permanent Easement Area; and The rights of the City also include the right of City, its contractors, agents and servants: a.) to enter upon the Temporary Easement Area during the term of its existence for the purposes of construction, inspection, grading sloping and restoration relating to the purposes of this Easement; and b.) to maintain the Temporary Easement Area during the term of its existence; and c.) to remove from the Temporary Easement Area during the term of its O-2 e�stence trees, brush, herbage, aggregate, undergrowth, curb, concrete, asphalt, and other obstructions interfering with the location, construction and maintenance of the Temporary Easement Area; and The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to the Permanent Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A and the Permanent Easement Area described and depicted on Exhibit B and the Temporary Easement Area described and depicted on Exhibit B and has good right to grant and convey the Permanent Easement and the Temporary Easement herein to the City. The terms and conditions of this instrument shall run with the land and be binding on the Landowner, its successors and assigns. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. Subj ect to the terms and conditions contained herein, City, its successors and assigns, shall have the obligation to maintain, repair, replace and inspect the Permanent Easement Improvements which City installs in the Permanent Easement Area and shall, at their sole cost and expense, restore any damage to the Permanent Easement Area or Temporary Easement Area which results from maintenance, repair, replacement or inspection activities, to its original condition, including the back filling of trenches and restoration of pasture areas or farm fields. City, including its successors and assigns, hereby agrees to indemnify, hold harmless and defend Landowner and Landowner's shareholders, directors, officers, agents and employees, including its successors and assigns (collectively the "Indemnified Parties") from and against any and all claim, liability, loss, damage, cost or expense, including reasonable attorney's fees, which may be imposed upon or incurred by any of the Indemnified Parties and which arise from or are related to the exercise by City, or its successors and assigns, of its rights under the easements granted hereunder or failure to comply with the terms and provisions of this Easement. STATE DEED TAX DUE HEREON: NONE [The remainder of this page has been intentionally left blank.] O-3 IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to be executed as of the day and year first above written. LANDOWNER: SWANLUNDS',INC. By: Peter M Swanlund Its Vice President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Peter M Swanlund, to me personally known who, being by me duly sworn, did say that he is the Vice President of Swanlunds', Inc., the Minnesota corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and that said instrument is the free act and deed of said corporation. O-4 CITY: CITY OF COTTAGE GROVE By: Myron Bailey Mayor By: Joseph Fischbach City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public This instrument was drafted by: After recording, please return to: Korine L. Land, #262432 Korine L. Land, #262432 LeVander, Gillen&Miller, P.A. LeVander, Gillen&Miller 633 South Concord Street, Suite 400 633 South Concord Street, Suite 400 South St. Paul,MN 55075 South St. Paul,MN 55075 �6s1�4s1-is31 �6s1�4s1-is31 o-s EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real Property located in the City of Cottage Grove, Washington County, Minnesota, described as follows: The North Half(N'/z) of the Northeast Quarter (NE'/4) of Section Nineteen (19), Township Twenty-seven (27), Range Twenty-one (21), according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County of Washington and State of Minnesota. PID: 19.027.21.11.0001 O-6 EXHIBIT B LEGAL DESCRIPTION AND DEPICTION OF THE PERMANENT EASEMENT AREA AND TEMPORARY EASEMENT AREA PERMANENT DRAINAGE AND UTILITY EASEMENT A permanent easement for drainage and utility purposes over, under, and across that part of the Northeast Quarter of Section 19, Township 027, Range 21, Washington County, Minnesota, described as follows: Commencing at the northeast corner of said Northeast Quarter; thence South 00 degrees 08 minutes 44 seconds West, assumed bearing along the east line of said Northeast Quarter, a distance of 619.66 feet; thence South 89 degrees 27 minutes 52 seconds West, 40.00 feet to the west line of the East 40.00 feet of said Northeast Quarter, and the point of beginning of the easement to be described; thence continuing South 89 degrees 27 minutes 52 seconds West, 25.00 feet; thence South 00 degrees 08 minutes 44 seconds West, 334.06 feet; thence South 89 degrees 27 minutes 52 seconds West, 50.00 feet; thence South 00 degrees 08 minutes 44 seconds West, 50.00 feet; thence North 89 degrees 27 minutes 52 seconds East, 50.00 feet; thence South 00 degrees 08 minutes 44 seconds West, 319.06 feet; thence South 54 degrees OS minutes 49 seconds West, 45.29 feet; thence South 35 degrees 54 minutes 11 seconds East, 20.00 feet; thence North 54 degrees OS minutes 49 seconds East, 55.47 feet; thence North 00 degrees 08 minutes 44 seconds East, 692.89 feet; thence North 89 degrees 27 minutes 52 seconds East, 5.00 feet to said west line of the East 40.00 feet; thence North 00 degrees 08 minutes 44 seconds East, along said west line, to the point of beginning. Said permanent utility easement contains�17,762 square feet(�0.41 acres). TEMPORARY EASEMENT A temporary easement for construction purposes over, under, and across the South 200.00 feet of the North 730.00 feet of the West 135.00 feet of the East 270.00 feet, and the West 95.00 part of the East 135.00 feet of the South 900.00 feet of the north 1430.00 feet of the Northeast Quarter of Section 19, Township 027, Range 21, Washington County, Minnesota. EXCEPTING that part as described as follows: Commencing at the northeast corner of said Northeast Quarter; thence South 00 degrees 08 minutes 44 seconds West, assumed bearing along the east line of said Northeast Quarter, a distance of 619.66 feet; thence South 89 degrees 27 minutes 52 seconds West, 40.00 feet to the west line of the East 40.00 feet of said Northeast Quarter, and the point of beginning of the easement to be described; thence continuing South 89 degrees 27 minutes 52 seconds West, 25.00 feet; O-7 thence South 00 degrees 08 minutes 44 seconds West, 334.06 feet; thence South 89 degrees 27 minutes 52 seconds West, 50.00 feet; thence South 00 degrees 08 minutes 44 seconds West, 50.00 feet; thence North 89 degrees 27 minutes 52 seconds East, 50.00 feet; thence South 00 degrees 08 minutes 44 seconds West, 319.06 feet; thence South 54 degrees OS minutes 49 seconds West, 45.29 feet; thence South 35 degrees 54 minutes 11 seconds East, 20.00 feet; thence North 54 degrees OS minutes 49 seconds East, 55.47 feet; thence North 00 degrees 08 minutes 44 seconds East, 692.89 feet; thence North 89 degrees 27 minutes 52 seconds East, 5.00 feet to said west line of the East 40.00 feet; thence North 00 degrees 08 minutes 44 seconds East, along said west line, to the point of beginning. Said Temporary Easement contains�94,746 square feet(�2.18 acres). Said Temporary Easement shall expire on June 30, 2017 and be of no force and effect thereafter. O-8 EXHIBIT B CONT. CITY OF COTTAGE GROVE, MN HADLEY AVENUE AND 95TH STREET IMPROVEMENTS PERMANENT DRAINAGE AND UTILITY EASEMENT T__iT__�__ I I I Nortnu�earmeN�n�c / � A permanent easement for drainage and utility purposes over,under,and across I I L-Quarttto(Sec 19,Twp.OD, � � that art of the Northeast uarter of Section 19,Townshi 027,Ran e 21, I I Rng.21 P Q P 9 I I No�meas<<o��ofine % 1 Washington County, Minnesota,described as follows: i I Nor[heastQuar[erof5ec 19,JI 1 Commencing at the northeast corner of said Northeast Quarter;thence South 00 I � rwP.oz�,R�9.zi degrees OS minutes 44 seconds West,assumed bearing along the east line of said I � easti,�eortnerv«m�:� �� „w Northeast Quarter,a distance of 619.66 feet;thence South 89 degrees 27 minutes � j�;;I;�Q�a��e�orsa.�s,rwp. �� P m 52 seconds West,40.00 feet to the west line of the East 40.00 feet of said Northeast S S ozi,w,9.zi I �o Quarter,and the point of beginning of the easement to be described;thence 5 � WestlineoftheEas[40.00 � z continuin South 89 de rees 27 minutes 52 seconds West,25.00 feet;thence South I o ree�or me Nortne�e�,�ce�� 9 9 I oise�.i9,rNm.az�,a�9.zi �� 00 degrees OS minutes 44 seconds West,334.06 feet;thence South 89 degrees 27 � i ^� minutes 52 seconds West, 50.00 feet;thence South 00 degrees 08 minutes 44 � � �� seconds West,50.00 feet; thence North 89 degrees 27 minutes 52 seconds East, I � ��.�s g�� 50.00 feet;thence South 00 degrees 08 minutes 44 seconds West,319.06 feet; � s�,,�oo thence South 54 degrees OS minutes 49 seconds West,45.29 feet;thence South 35 I � %�00 �p �\�� I degrees 54 minutes 11 seco�ds East,20.00 feet;thence North 54 degrees OS � �� minutes 49 seconds East,55.47 feet;thence North 00 degrees 08 minutes 44 j �� Zo seconds East,692.89 feet;thence North 89 degrees 27 minutes 52 seconds East, I �� Noo� 5.00 feet to said west line of the East 40.00 feet;thence North DO degrees 08 � N/i3s.00 Bvy., minutes 44 seconds East,along said west line,to the point of beginning. I el � �J� I F � � � Said permanent utility easement contains t17,762 squarefeet(t0.41 acres). I � �. I � � I � � � 1 TEMPORARY CONSTRUCTION EASEMENT � I �o�7 I I � � A temporary easement for construction purposes over,under,and across the South � i �`�'� �-� 200.00 feet of the North 730.00 feet of the West 135.00 feet of the East 270.00 j �*�� `^��i �F� feet,and the West 95.00 part of the East 135.00 feet of the South 900.00 feet of II �y��l � /,� �� the north 1430.00 feet of the Northeast Quarter of Section 19,Township 027,Range * ��I 21,Washington County,Minnesota. 8��I � I U� I �i'3 I � E X C E P T I N G t h a t p a r t a s d e s c r i b e d a s f o l l o w i n g s: �-•`��Y � � �-' Commencing at the northeast corner of said Northeast Quarter,thence South 00 .:�r � �/,r u; , i � degrees OS minutes 44 seconds West,assumed bearing along the east line of said � I � �� `� Northeast Quarter,a distance of 619.66 feet;thence South 89 degrees 27 minutes o � ?� � �- 52 seconds West,40.00 feet to the west line of the East 40.00 feet of said Northeast � �� LJ Quarter,and the point of beginning of the easement to be described;thence '�� :� continuing South 89 degrees 27 minutes 52 seconds West,25.00 feet;thence South � � � ��I � 00 degrees 08 minutes 44 seconds West,334.06 feet;thence South 89 degrees 27 � j o N minutes 52 seconds West, 50.00 feet;thence South 00 degrees 08 minutes 44 � � � seconds West,50.00 feet; thence North 89 degrees 27 minutes 52 seconds East, Ir,��;'. ��'I o c� µ � 50.00 feet;thence South 00 degrees OS minutes 44 seconds West,319.06 feet; � � pr, t hence Sou t h 5 4 degrees O S minu tes 4 9 secon ds Wes t,4 5.2 9 fee t;t hence Sou t h 3 5 I � / �J 1 I degrees 54 minutes 11 seconds East,20.00 feet;thence North 54 degrees OS � � �� ///II minutes 49 seconds East, 55.47 feet;thence North 00 degrees OS minutes 44 jI / � � seconds East,692.89 feet;thence North 89 degrees 27 minutes 52 seconds East, i � �Q�� 5.0 0 f e e t t o s a i d w e s t l i n e o f t h e E a s t 4 0.0 0 f e e t;t h e n c e N o rt h 0 0 d e g r e e s O S � � I minutes 44 seconds East,along said west line,to the point of beginning. i I �� ./�M I Said temporary construction easement contains t94,746 square feet(t2.18 acres). � � ss i i °;�s� i LEGEND I ' � r`y9 I ' � �/f I Permanent N , � . i ; �o�0 5�'�� i � � Drainage& f ii fiRrg�Sa°�"� � Utility Easement I �------�_�ls;� I I Temporary F�.��;. �; � � �� Construction 0 7�5 150 ' Easement scn�E iN FEEr I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION,OR REPORT SURVEY - WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION 193803447V604.dwg AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR ," ." UNDER THE LAWS OF THE STATE OF MINNESOTA. _= PRINT NAME: DANIEL J.ROEBER � St. PQUI OffICE DRAWN 2335 West Highway 36 o�R `�/ Saint Paul,MN 551 13 SIGNATURE: / /`^�_ Phone:651-636-4600 PROJ.NO. APRIL 6,2D16 43133 Fqx:651-636-1311 DATE LIC.NO. Website:wwwstantec.com 193803447 0-9 EXHIBIT P DEVELOPER'S LETTER OF CREDIT CALCULATION Table I.A—Site Grading&Erosion Control Items for the Summers Landing Development Est.Total Total Est. Est. Quantity Cost TTEM Unit Quantit Unit Cost Total Cost (Phase One) (Phase One) Site GradingRestoration: CY 71,000 $2.00 $142,000.00 10650.0 $21,300.00 Re-S read To soil(P) Site GradingRestoration: AC 134 $800.00 $107,200.00 20.0 $16,000.00 MnDOT 250 Seed&Mulch Misc. Site Grading LS 6 $5,000.00 $30,000.00 1.0 $5,000.00 Pond Maintenance& Cleaning LS 4 $15,000.00 $60,000.00 1.0 $15,000.00 Erosion Control-Temp. Rock EA 12 $1,000.00 $12,000.00 2.0 $2,000.00 Construction Entrance Erosion Control- Siltfence, LF 32,000 $3.00 $96,000.00 4800.0 $14,400.00 Machine Sliced EOF& Swale SeedBlanket SY 17,300 $3.00 $51,900.00 2600.0 $7,800.00 Street Sweeper � 60 $125.00 $7,500.00 10.0 $1,250.00 With Pick Up Broom Estimated Total $506,600.00 $82,750.00 Escrow (150%) $759,900.00 $124,125.00 Plus Homeowners' Association Common Area Landscaping: Estimated Total $32,000 Escrow(150%) $48,000 P-1 EXHIBIT Q DEVELOPER'S CASH REQUIREMENTS Total Per Lot Total Per Lot Cash All Phases Phase 1 City Supplied Pole & Luminaires $144,400 $377 $22,800 $415 Seal Coating: Streets $61,030 $159 $9,030 $164 Seal Coating: Bituminous Trails $13,325 $35 $4,713 $86 Street Light Utility and Surcharge $33,459 $87 $4,805 $87 Park and Open Space Markers $11,960 $31 $2,185 $40 Park Dedication Fee $599,012 $1,564 $86,020 $1,564 Total Cash $863,186 $2,254 $129,552 $2,356 Q-1 .�f;r-��I�� RESOLUTION NO. 2016-053 RESOLUTION APPROVING THE PRELIMINARY PLAT NAMED SUMMERS LANDING WHEREAS, Summersgate Deveiopment, LLC has applied for a preliminary plat for subdivision fio be knawn as Summers Landing. The development, which will consist of 383 lots for single-family homes and 24 outlot parcels for public park space, stormwater detention basin, and landscape islands, would be located on property legalfy described as: The North Haff of the Northeast Quarter ofi Section 19, Tawnship 27, Range 21, Washington County, Minnesata Together with The South Half of the Northeast Quarter of Section 19, Township 27, Range 21, Washington County, Minnesota WHEREAS, Summersgate Development, LLC also applied for a zoning amendment to change the zoning from AG-1, Agricultural Preservation, to R-3, Single Family Residential District, with a Planned Development Overlay (PD�); and WHEREAS, public hearing notices were mailed to surrounding property owners within 500 feef of the proposed development site and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held the public hearing on fhese applications on February 22, 2016; and � WHEREAS, the public hearing was open for pubfic testimony and no public testimony was received; and WHEREAS, the Planning Commission unanimously (8-to-0 vote) recommended to the City Council the approval of the Summers Landing preliminary plat, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cotfiage Grove, Washington County, Minnesota, hereby approves the preliminary plat application filed by Summersgate Development, LLC for a residential subdivision plat named Summers Landing, which consists of 383 lots for single-family homes and 24 outlot parcels for p�blic park space, starmwater detention basin, public right-of-way, and landscape islands, located on property legally described above. The approval of this preliminary plat is subjecfi fio the following conditions: 1. The water utility plan shafl conform to the city's water supply and distribution plan. Resolufian �lo.2016-053 Page 2 of 4 2. The utility plan for fih� pr�Jecfi shal6 include ufiilify cannecfions and easements f�a � th�`ntest. 3. The Deve�oper is responsible t€� �rc�vid� for �he necessary ��serner��s anc� sewer I cc�sts �ssociated with s�:rving fihe sit�with sanitary s�wer. 4. �ach lot �n the subdivisian shall h�ve fc�ur additic�n�� trees, t�ne of which is � cor�if�rou�, and �(} ��ditic�r�al shru�s at the time of �he cer�if�cate of occupar�cy issu�nce, or �alaced in a cash es�r�v�r if the cer�ific�te of occu��ncy i� requ�sted � durinc� r�on-plan�ing s�aso�s. i 5. T�e Qeveloper will be respansible fic�r th� cost �nd install�tion af park bo�nd�ry markers as idenfified �r� all major pr�pe�ty Iine trans�fic�ns af t�e boundaries �f �II park, open space, and fira�I corr�dc�r a�eas to be c�edicafec� tc� th� p�ablic. � �. The sloped area adjac�r�� to �he �5fh street exter�s�icart th�t is nofi impactec! by gradin� sha�� e �reserved as ider�tified in th� Cc�mpref�ensive Plan. 7. Tt�e �ctive p�r#c area desic�n shali inc�u�e the ins�aflation crf an c►ff street parking are� �ufficiently sized to accc�mmadate ei�h�vehicles. 8. Th� applicant s1�aC� be resp�nsible fc�r the cast of the d�srgn and installati�n of �ig�t-foot wide �it�rminous transporta�i�n ar�d recreati�n trails as identiff�d in �his repc�rt. 9. A11 �onding areas associ�t�c� with th� prel�mir�ary pla� sha�l b� p�atted as ��1e�ts � and dedicated �� the City. �C}. The d�v�loper s�all enter into a s��rmwater. c�nd maintenance a r��rnen� v�rith . � � � t�e City fio address the periods befe�re fihe pnncts �nd c�utl�afis are accep#ed k�y tl�e City. ; 1'l. Temporary tt,trn-arc�unc�s shall b� desig�ed c�n all �ead-�nde� st��eet co��ectic�ns to adjacenf �roper�ies, and signed as a fu�ure road cr�nr�ecti€�n. � 'i2. A priWat� hom�own�rs as��ci�ti�� fc�r the subc�ivisi�n shal� be created fc�r th� entire land areas in fihe prelim#r�ary pCat and be s�bmit�ed tc� �#�e �i�y far. review � and ap�rc�ual. The cov�nants sha11 be cor�sister�t betwe�n each ph�s� c�f f�e subdivisian and recorded v�rith all final plats. ' `I3. TI�� buff�r strip c�uflc�� 1anc� Hadley Av��ue and �5th Stre�ef shall �e �0 fe�# rninimum ir� widt� arrd �raded with undulatir�g ear�h berms wl�ere practical and densely landsca�ed. An underground irrigatic�n sysfiem sh�ll be prc�v�ded fc�r al! tur� areas. The devel€�p�r shall �rovide a landscap� design and management plan fc�r ho�,v the buffer will be delineated and hc�rrv t�e maintenanc� will �e c�ndc�cted by the hc�meowners associati�rt in fihe d�li�ea��d area. 1 I Resofut€ort No.2(}16-053 Page 3 of 4 � 14. �.anc�scap�d islands shall b�: provi�ed in the cer��er crf all c�tl-d��s�cs a�� ave irri�ation in�talled fa the is�ands. The isl��tds shall be p[atte� as c��t�r�ts. T�e hc�m�c�wners assr�ciation must owr� and maintair� fihes� au�lots, � ��. A six-fc�ofi wide �idew�lk shall be cransfrucfied c�� two sides c�f fh� central collector � ro�dw�y, and ot�e side c�f all Ic�cal r��dways wifh�n �he subdivision, exc��t in cul-- , de-sacs. �6. The minimum front yard setk��C �c�r the living area a� a dwell�ng mus� nc�t be iess � than 2� feet. Th� minirnum front y�rd setba��C of the att��hed �arac�e mus� r�af �e less than 3C3 fe�t. A minimum 7.5-foot �ide yard setb�c�C is acceptabl�. ; '!7. The minirnum fir�ished floor area fc�r a single-farr�ily rar�nbl�r is 1,�(}� sc��a��e feef � a�d 2,0(}0 squar�fest far �ff ofih�r sirtgle�family d�signs. '18. The minimum attach�� garage area shall be �440 squar�f��fi. �9. Th� average lot �rvidfh shal3 be a minimum ot 75 �Fe�t measured at fh� minimum � front yard setbac�C lir�e. � � ��. Th� dt�plication of h�us� styles with adjacent prp�erty ho�se styles ar�d ��lors j sha11 be prcahibited in fihe fi�al sif� �esic�r� crite�ia. 1 2�. A minimum c�f 2Cl percent of the franfi�a�ade i� �c�vered by �ric�, stor�e, stu�co, ar an equivaler�t product ap�raved �y �h� C�mmunify Deve��r�aen� st�ff. Th� frc�nt � far�de area does nc�� include wir�dows, do�r ar�as, gara�e dc�c�rs, or vvrapped col�mns. 22. Viny1 siding i� prc�hi�ited on the #�ron�fa�ades. , � 2�. Garage setbac�s shall nc�� be c,�.reater finan six feet in front of�he hc��se. 24. T�e mi�imum roof pitch for the�main roc�f slc��e i� a 6I12 pitc}�. ; ! 2�. Vllindows, dflars, ar�d ga�age dc�ors tnu�t have lc�w or no mainfenance trim t�rt �ll four sides of the dv�relling. 26. An updated wetland delin�atit�n repc�r# shall be suEamitt�d w�th fhe prelimi�ary plat � ap��icafii�n. 27. Tl�e 9�th �treet road extensit�n area an �he sout�v�es�t corner of t�e prc�p��k� shall ' be ��dica��;d a� publie righf��f way t� facilitafie the cot�strucfiion of �h� rc�a�way. The rigF�t--�f way shall be as �escrib�d in tY�e 95th �tre�t Road Extensior� study, 28. The d�velop�r is required fic� �c�sfi par�icipate in the necessary ro�d improv�me�fis or� Hadley Avenu� �nd �5th S�re��. � I i Resc�l�tiar�f�ln. 20�6-�53 � Page�af 4 ; 29. All sformwater d�signs shall be in confc�rmance v�rit�t �he City's Surface Wa�er � Management PCan. 3�3. The prelimin�ry pla� ��prc�val tim�frame shafl E�� de�aifed in the devel�pmertt agr�emenf. 3"I. Th� par� de�icatior� requirernents for the plat s�a11 cc�rts�s�t of a cflmbinatic�n c+f � cash and I�nd dedicafic�r� as d�failed in th� �i��elc�pme�fi agre�men�. 32. Area charges for the develc�pmen� of the pl�t shall be at �he annua� r�a#es � applica�le du�ing the final p1��ing c�f the �iff�rer�t phases c�f th�: praject. ' �3, The c�evelopm�nt agreement s�al� in�lude language regardit�g fih� phase� distributior� of cos�s �nd f�es rel�ted to the �aroj�c�. Passed this �3�if� day of fVlarch 2��6. 3 � . Itl�y r� Bai�� c�r � Attes�: � Joe 'schbach, City C�erit � . � � � � � � �� ORDINANCE NO. 959 AN ORDINANCE FCJR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING CITY CODE SECTION 11-1-6, ZONING MAP, VIA REZONING CERTAIN PROPERTY LOCATED WEST OF HADLEY AVENUE, SOUTH OF 90TH STREET, AND NORTH OF 95TH STREET FROM AG-�, AGRICULTURAL PRESERVATION, TO R-3, SINGLE FAMILY RESIDENTiAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY The City Council of the City of Cottag� Grove, Washington Counfy, Minnesota, does ordain as follows: SECTION 1. AMENDMENT. The City of Coftage Grove's Official Zoning Map as refer- enced in Secfiion 11-1-6 of the "Cade of the City of Cottage Grove," County of Washington, State of Minnesota, shall be amended by rezoning certain properties with property identifica- tion numbers being 03.027.21.34.0003 and 03,027.21.34.00p4 from AG-1, Agricultural Preservation, to R-3, Single Family Residential District, with a Planned Developmenf Overlay. Said properties are legally described below: The North Half of the Northeasf Quarter of Section �9, Township 27, Range 21, Washington County, Minnesota . Together with The South Half of the Northeast Quarter of Section 'i9, Township 27, Range 21, Washington County, Minnesota SECTION 2. REZONING. The Official Zoning Map shall be amended by changing the zoning classificafion of fihe property legally described abave from AG-1, Agricuftural Preserva- tion, to R-3, Single Family Residential District with a Planned Development Overlay, based on the following findings: A. The proper�y is guided for Low Density Residential. B. The Planned Development Overlay zoning helps to create a successful project. C. The project will be phased over six to ten years. D. The undeveloped phases will continue to be farmed until they are dev�loped. E. The City will be obtaining park fand dedication with the first fihree phases. . F. The City will be obtaining a cash fee in lieu of park dedication per lot with all six phases. G. The neighborhood park area will not be developed until Phase 3. i �}C(�(Ci�C1C� �O. J�� O�� i H. The �rt�jecfi fi�ic��ers planned imprt�vements to Hadley Aven�te ant� 95th Str�e�. 1. Th� projecfi in�ludes free r�moval �nd mifigafian. � J, T�e public infra�tr�ctur� fior �he proj�ct will be consfructed by t�re City f�ro�gh I th� 11�inr�esota �tatutes 42� pr�cess. ! SECTItaN 3. EFI�E�TIV� DATE. �his c�rdinance amendment shall be in full fc�rce and I effectfve from ar�d after�doptic�r� �nd pu�ilicat�on accc�rding to (aw. ' Passed this 9fi�h day af March ��'16. i I My n E�ailey, yc� At��st: ; r . � Jt�e F s hbach, City Clerk � l � � � I � I . � i � / ' ' ' I I � ;I c I I �1 ;! I I ;' ;J' � 'I "I " I i i i i � �.: A` �s,..� ' � ", I ,� I , � r I � I ,: I '�'_` I �� `a' I'�� I `+�� ,"� "�.;' I" �._ � n I , � � I = I..' I ;. 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