HomeMy WebLinkAbout07P Mississippi Dunes Estates Fifth Addition - Final Plat .
DEVELOPMENT AGREEMENT
FOR THE PLAT OF
MISSISSIPPI DUNES ESTATES FIFTH ADDITION
BY AND BETWEEN
THE CITY OF COTTAGE GROVE
AND
MISSISSIPPI DUNES 5TH LLC
THIS AGREEMENT,made and entered into on the day of , 2018,
by and between the City of Cottage Grove, a Minnesota municipal corporation ("CITY"), and
Mississippi Dunes Sth LLC, a Minnesota limited liability company("DEVELOPER&OWNER").
RECITALS:
WHEREAS, in pursuant of the DEVELOPMENT PROJECT, the DEVELOPER has
applied to the CITY for approval of the DEVELOPMENT PLANS and FINAL PLAT for
Mississippi Dunes Estates Fifth Addition; and
WHEREAS, in conjunction with the granting of these approvals, the CITY requires the
installation and/or availability of public utilities(sewer and water),public streets, storm sewer pipes,
ponds, and other facilities; and
WHEI2EAS,under authority granted to it, including Minnesota Statutes Chapters 412, 429,
and 462, the COUNCIL approved the FINAL PLAT and DEVELOPMENT PLANS on the
following conditions:
1. That the DEVELOPER enters into this DEVELOPMENT AGREEMENT, which contract
defines the work which the DEVELOPER undertakes to complete; and
2. The DEVELOPER shall provide an irrevocable letter of credit and cash deposits in the
amounts and with conditions satisfactory to the CITY, providing for assurance of payment
for the actual construction and installation of the improvements in the DEVELOPMENT
PLANS,as specified and required by the CITY.
WHEREAS, the DEVELOPMENT PLANS were prepared by a registered professional
engineer and have been submitted to and approved by the CITY ENGINEER.
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 CITY, 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. BUILDER. `BUILDER" means an entity that will be constructing a residence on a
lot in the FINAL PLAT.
1.3. CITY. "CITY" means the City of Cottage Grove, a Minnesota municipal
corporation.
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1.4. CITY ENGINEER. "CITY ENGINEER" means the Ciry Engineer of the City of
Cottage Grove and her delegatees.
1.5. CITY WARRANTIES. "CITY WARRANTIES"means all CITY WARRANTIES
identified in Article 12 of this DEVELOPMENT AGREEMENT.
1.6. COUNCIL. "COLJNCIL"means the Council of the City of Cottage Grove.
1.7. COUNTY. "COLTNTY"means Washington County,Minnesota.
1.8. DEVELOPER. "DEVELOPER"means Mississippi Dunes Sth LLC.
1.9. DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes,
jointly and severally, any of the following or any combination thereo£
a) failure by the DEVELOPER to timely pay the CITY any money required to
be paid under the DEVELOPMENT AGREEMENT;
b) failure by the DEVELOPER to timely construct the DEVELOPER
IMPROVEMENTS according to the DEVELOPMENT PLANS and the
CITY 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.
1.10. DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means
and includes,individually and collectively,all the improvements identified in Article 4.
1.11. DEVELOPER WARRANTIES. "DEVELOPER WARR.ANTIES" means all
DEVELOPER WARRANT
L12. IES identified in Article 10 of this DEVELOPMENT AGREEMENT.
1.13. DEVELOPMENT AGREEMENT. "DEVELOPMENT AGREEMENT" means
this instant agreement by and among the CITY and DEVELOPER.
1.14. DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all the plans,
drawings, specifications, and surveys dated March 27, 2018 and prepared by Pioneer Engineering,
hereby incorporated by reference and made a part of this DEVELOPMENT AGREEMENT.
1.15. DEVELOPMENT PROJECT. "DEVELOPMENT PROJECT" means a
residential development to be known as Mississippi Dunes Estates Fifth Addition that will be
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constructed on the DEVELOPMENT PROPERTY that is substantially in conformance with the
FINAL PLAT.
1.16. DEVELOPMENT PROPERTY. "DEVELOPMENT PROPERTY" means that
real property legally described on Exhibit A, attached hereto, upon which the DEVELOPMENT
PROJECT will be constructed.
1.17. FINAL PLAT. "FINAL PLAT" means the FINAL PLAT, approved by the
COiJNCIL on.Apri14,2018,and attached hereto as Exhibit B.
1.18. FORCE MAJEURE. "FORCE MAJEURE"means acts of God, including, but not
limited to floods, ice storms, blizzards, tornadoes, landslides, lighming 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.
1.19. 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
If to DEVELOPER&OWNER: Mississippi Dunes Sth LLC
9655 63'�d Avenue North
Maple Grove, MN 55369
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.
1.20. INDIRECT COSTS."INDIRECT COSTS"means the costs related to:
a) Finance, administration and legal costs; and
b) Engineering services performed by CITY Staff; and
c) Testing and Right of Way services; and
d) Consulting engineering services.
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1.21. 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
fl Minnesota Department of Health
g) Minnesota Pollution Control Agency
h) Metropolitan Council
i) Any other regulatory or governmental agency or entity affected by, or having
jurisdiction over the DEVELOPER IMPROVEMENTS.
1.22. OWNER. "OWNER"means Mississippi Dunes Sth LLC, a Minnesota limited
liability company.
1.23. PRELIMINARY PLAT. "PRELIMINARY PLAT" means the preliminary plat
approved by the COUNCIL.
1.24. PRIOR EASEMENT HOLDERS. "PRIOR EASEMENT HOLDERS" means
and includes,jointly 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 FINAL PLAT or
transferred pursuant to this DEVELOPMENT AGREEMENT.
1.25. SITE IMPROVEMENTS. "SITE IMPROVEMENTS" means and includes,
individually and collectively, all the improvements identified on Exhibit C and in Article 3.
1.26. UTILITY COMPANIES. "UTILITY COMPANIES" means and includes,jointly
and severally, the following:
a) Utility companies, including electric, gas and cable;
b) Pipeline companies.
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�
ARTICLE 2
� FINAL PLAT APPROVAL
2.1. FINAL PLAT APPROVAL. The COLTNCIL approved the FINAL PLAT on
Apri14, 2018. All conditions contained in the CITY Council Resolution far the FINAL PLAT shall
be considered a condition of this DEVELOPMENT AGREEMENT.
2.2. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL
PLAT and this DEVELOPMENT AGREEMENT with the COLTNTY Recorder. No building
permits shall be issued unless the DEVELOPER shows evidence to the CITY that the FINAL
PLAT and this DEVELOPMENT AGREEMENT have been recorded with the COUNTY Recorder
and the CITY has received the financial obligations required in Article 15.
ARTICLE 3
SITE IMPROVEMENTS
3.1. SITE IMPROVEMENTS. DEVELOPER shall construct and install, at its own
cost, all SITE IMPROVEMENTS identified on Exhibit C in accordance with industry standards for
making public improvements.
3.2. AREA CHARGES. The CITY 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. Such Area Charges are identified on Exhibit C.
ARTICLE 4
DEVELOPER IMPROVEMENTS
4.1. DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own
cost, the DEVF�LOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS and
in accordance with the approvals of the CITY Council, and all ordinances and PRELIMINARY and
FINAL PLAT resolutions of the CITY or any amendments thereto and any Miscellaneous
Requirements on Exhibit D, attached hereto.
4.2. GROUND MATERIAL. The DEVELOPER shall ensure 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. 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 far utility looping. The DEVELOPER shall enter into any
easement agreements and stormwater management agreements with the CITY that are deemed
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necessary to fulfill the obligations of this section. 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 and engineering design and construction specifications as are used in the
DEVELOPMENT PLANS notwithstanding any amendment or change to CITY standards for
development subsequent to approval of the FINAL PLAT.
DEVELOPER shall dedicate drainage and utility easements as shown on the FINAL PLAT.
Additional utility and drainage easements that may be required by the CITY inay be granted by an
acceptable document as approved by the CITY. 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
confonnance with the approved grading plan and confirming that the lot corner monuments are
instal led.
Building construction and general construction activities are 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. Site grading/excavation and street and utility construction activities are limited to
Monday through Friday between the hours 7:00 AM and 7:00 PM and on Saturday between the
hours of 8:00 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 and as required in Exhibit F. If the DEVELOPER does not perform the work
required by this paragraph, the CITY will complete all work required of the DEVELOPER. The
DEVELOPER will be financially responsible for payments for this work, which will be assessed
as provided in Section 16.2.
4.5. INTERIM BITUlV1INOUS STREET. The DEVELOPER will construct a
bituminous wedge for the roadways within the FINAL PLAT. The bituminous wedge will be
removed once 90% of the residences are built or after three (3) years. 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 DEVELOPER will remove the wedge and place the wear course pavement. The
DEVELOPER is responsible for the replacement of any damaged sidewalk or curbside. The
BUILDER will be responsible to preserve and protect the public roadway and any sidewalk/trail.
4.6. PUBLIC STREET MAINTENANCE. DEVELOPER is responsible for all
maintenance, upkeep and repair of all public streets contained within the FINAL PLAT from
initiation of construction through final acceptance by the CITY.
4.7. STREET SWEEPING. The DEVELOPER is responsible for the removal of all
construction debris and earth materials within the public right-of-way typically resulting from new
home construction activities. The CITY will inspect the roadways to ensure the DEVELOPER is
keeping all public roadway surfaces clean. If any portion of a pubic roadway surface is found in an
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unacceptable condition,the CITY will have appropriate equipment dispatched to the site an all costs
associated with the clean-up effort will be billed to the DEVELOPER.
4.8. 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 CITY standards. The actual number and location of signs to be installed shall be determined by
the CITY and actual installation shall be performed by CITY authorized personnel.
4.9. SOD. The DEVELOPER agrees that the BUILDER must pay for and install
cultured sod from the street curb through each lot 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 BUILDER 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 DEVELOPMENT 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.
4.10. BOULEVARD AND AREA RESTORATION. The DEVELOPER shall seed all
boulevards within 30 days of the completion of street related improvements and restore all other
areas disturbed by the development grading operation in accordance with the approved erosion
control plan, over the entire FINAL PLAT. Upon request of the CITY ENGINEER, the
DEVELOPER shall remove the silt fences after grading and construction have occurred.
4.11. LOT CORNER MONLTMENTS. The DEVELOPER shall install all subdivision
lot corner monumentation within one year from the date of recording the FINAL PLAT, ar the
monumentation shall be installed on a per lot basis at the time the building permit for the subject lot
is issued, whichever occurs first. At the end of the one year period from recording of this
DEVELOPME;NT AGREEMENT, the DEVELOPER shall submit to CITY ENGINEER written
verification by a registered land surveyor that the required monuments have been installed
throughout the FINAL PLAT.
4.12. BOULEVARD TREES.The DEVELOPER ar BUILDER shall coordinate with the
City Forester regarding the location of all boulevard trees prior to planting.
4.13. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR
DURING CONSTRUCTION. The DEVELOPER shall clear, on a daily basis, any soil, earth or
debris from the streets and wetlands within or adjacent to the FINAL PLAT resulting from the
grading or building on the land within the FINAL PLAT by the DEVELOPER or its agents, and
shall restore to the CITY's specifications any gavel base contaminated by mixing construction or
excavation debris, ar earth in it, and repair to the CITY's specifications any damage to bituminous
surfacing resulting from the use of construction equipment.
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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 CITY ENGINEER by October 15, or later if
approved by the CITY's Public Warks Director. Completion of the work described in the paragraph
shall be completed within fifteen(15)days after notice by the CITY to the DEVELOPER that repair
or restoration is required.
4.14. OCCUPANCY AND ACCESS. No building permit for any lot shall be issued
until the DEVELOPER has constructed a temporary access consisting of a Class V gravel base that
is acceptable in design by the CITY and the conditions on Exhibit D have been followed. Special
consideration may be given for a building permit prior to placement of Class V if approved by the
Ciry's Building Official and Fire MarshaL 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 CITY.
4.15. 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.
4.16. 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, non-diseased 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.
4.17. LANDSCAPING. The responsibility for landscaping requirements are as follows:
a) The DEVELOPER is responsible for:
1. Installing all landscaping improvements within the lots containing the
Homeowners' Association-owned common elements shown on the
DEVELOPER's approved landscape plan.
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2. Granting the CITY the right to trim overgrown vegetation within the lots
containing the Homeowners' Association-owned common elements.
3. Installing all landscaping improvements as depicted on the DEVELOPER's
landscape plan in a timely manner.
4. Installing irrigation within the lots containing the Homeowners' Association-
owned common elements.
5. Including in the Homeowners' Association the responsibilities of individual
property owners identified in 4.16 b) and d)below.
b) For single-family homes,individual property owners must:
1. Maintain their yards all the way to the curb of the abutting roadway for each
parcel,including any landscaping in the boulevards.
2. Maintain their yards to the center of any abutting CITY trail.
3. 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. A11 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. If the planting of four (4) trees is not possible for the
villa-style lots,the remaining trees not planted on the property may be planted
in open spaces within the DEVELOPMENT PROJECT pursuant to the open
spaces designated on the DEVELOPMENT PLANS.
c) The Homeowners' Association shall be required to maintain the landscaping and
irrigation systems within the lots containing the Homeowners' Association-
owned common elements and irrigation systems.
4.18. 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 pennit from the CITY. Such plan shall be detailed on the DEVELOPMENT
PLANS and shall be subject to approval of the CITY ENGINEER. The DEVELOPER shall install
and maintain such erosion control stnictures as appear necessary under the DEVELOPMENT
PLANS and as required in Exhibit F, or as it becomes 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 existing 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 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 CITY. The parties recognize that time is
of the essence in controlling erosion. If the DEVELOPER does not provide erosion control, the
CITY may, after a twenty-four (24) hour notice, take appropriate action to control erosion. The
CITY 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 CITY's option, assess the additional
costs incurred as part of the DEVELOPER IMPROVEMENTS.
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4.19. 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, Access and Repair, Landscaping, and Erosion Control to
any lot purchaser ar 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 far 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.
4.20. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit
within the FINAL PLAT, excluding land deeded to the CITY for public purposes, any weeds, grass,
brush, or other rank vegetation to a height greater than eight(8) inches, or permit any accumulation
of dead weeds, grass or brush. In the event the DEVELOPER fails to comply with this provision,
the CITY may give the DEVELOPER notice to cut or remove material in violation of this
paragraph. All costs of cutting or removing incurred by the CITY must be paid by the
DEVELOPER or assessed against the property that is in violation.
ARTICLE 5
PARK CONTRIBUTION REOUIREMENTS
5.1. PARK DEDICATION. The DEVELOPER shall comply with the park dedication
requirements as defined in the City Code. Park dedication fees identified in E�ibit G must be paid
prior to the release of the FINAL PLAT. In addition, the DEVELOPER shall convey by warranty
deed Outlots A, B, C and F to the CITY for public park, open space and stormwater management
purposes. All required warranty deeds shall be recorded with the FINAL PLAT.
ARTICLE 6
PERMITS,LICENSES AND OTHER APPROVALS
6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and
licenses from the CITY, the OTHER REGULATORY AGENCIES and the UTILITY
COMPANIES, as identified on Exhibit E, attached hereto. Major 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
REGULATORY AGENCIES and the UTILITY COMPANIES resulting from such failures of the
DEVELOPER.
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ARTICLE 7
OTHER DEVELOPMENT REQUIREMENTS
7.1. MISCELLANEOUS REQUIREMENTS. Any additional requirements to
approval of the FINAL PLAT and DEVELOPMENT PLANS as specified by the COUNCIL are
incorporated herein and identified on Exhibit D.
ARTICLE 8
[INTENTIONALLY BLANK]
ARTICLE 9
RESPONSIBILITY FOR COSTS
9.1. DEVELOPER AND SITE IMPROVEMENT COSTS. The DEVELOPER shall
pay for the DF,VELOPER IMPROVEMENTS and SITE IMPROVEMENTS; that is, all costs of
persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or
equipment ar supplies and all just claims far the same; and the CITY shall be under no obligation to
pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the
CITY shall have approved the contract or subcontract.
The DEVELOPER is responsible for contracting and paying for the street and utility testing costs.
The CITY's designated inspector on the DEVELOPMENT PROJECT will coordinate the street and
utility testing activities. All testing reports shall be sent to the CITY.
If deductions are owed on the street and utility construction pursuant to the MNDOT standards for
construction, then these deductions will be paid by DEVELOPER to CITY within thirty (30) days
after DEVELOPER receives notices of such deductions.
9.2. MISCELLANEOUS AND AREA CHARGES. The DEVELOPER shall
reimburse the CITY for all miscellaneous costs and Area Charges incurred or to be incurred by the
CITY in connection with this DEVELOPMENT AGREEMENT. Such costs are identified on
Exhibit C.
9.3. ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs
incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs
and reasonable attorneys' fees.
9.4. TIME OF PAYMENT. DEVELOPER shall pay all bills from the CITY within
thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of
eight percent(8%)per year.
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ARTICLE 10
DEVELOPER WARRANTIES
10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby
warrants and represents the following:
a) AUTHORITY. DEVELOPER is the fee title OWNER of the DEVELOPMENT
PROPERTY in the FINAL PLAT 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 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
IMPROVEMENTS; 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 FINAL PLAT or the DEVELOPMENT PLANS or
the DEVELOPER IMPROVEMENTS. 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 instruinentality.
fl 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 intentionally contains or will
contain any untrue statement of material fact or intentionally omit any material fact
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the omission of which would be misleading. Any unintentional untrue statements or
omissions shall be corrected or cured within thirty(30) days after the DEVELOPER
receives FORMAL NOTICE or obtains knowledge of such error, unless an
extension is granted by the CITY.
g) PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS
comply with all CITY, COIJNTY, metropolitan, state and federal laws and
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 required to be performed by it 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
CITY 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 street and drainage and erosion control
improvements shall be for two (2) years after completion and acceptance by the
CITY; the warranty for the street, 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
IMPROVEMENTS may be lawfully constructed. A list of the CITY permits,
licenses, and approvals required is identified on E�iibit E.
j) HOMEOWNERS' ASSOCIATION. DEVELOPER shall set up a Homeowners'
Association within 180 days of the Effective Date of this DEVELOPMENT
AGREEMENT that governs the rights and responsibilities of the property owners.
DEVELOPER shall specifically incorporate the responsibilities of the Homeowners'
Association that are identified in this DEVELOPMENT AGREEMENT as being the
responsibility of the Homeowners' Association.
ARTICLE 11
[INTENTIONALLY BLANK]
14
ARTICLE 12
CITY WARRANTIES
12.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and
represents as follows:
a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly
existing in good standing the laws of the State of Minnesota.
b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter
into and perform its obligations under this DEVELOPMENT AGREEMENT.
ARTICLE 13
INDEMNIFICATION OF CITY
13.1. INDEMNIFICATION OF CITY. Provided the CITY is not in DEFAULT under
the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss
or damage, DEVELOPER shall indemnify, defend and hold the CITY, its COLJNCIL, 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
IMPROVEMENTS 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 CITY of the FINAL PLAT;
g) approval by the CITY of the DEVELOPMENT PLANS;
h) failure to obtain the necessary permits and authorizations to construct the
DEVELOPER IMPROVEMENTS;
15
i) construction of the DEVELOPER IMPROVEMENTS;
j) delays in construction of the DEVELOPER IMPROVEMENTS;
k) payment by DEVELOPER for any required costs or assessments;
1) a11 costs and liabilities arising because building permits were issued prior to the
completion and acceptance of the DEVELOPER IMPROVEMENTS.
13.2. NOTICE. Within a reasonable period of time after the CITY's receipt of actual
notice of any matter giving rise to a right of payment against the CITY pursuant to Section 13.1, the
CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. The
DEVELOPER shall not be obligated to make any payment to the CITY for any such claim until the
passage of thirry (30) days from the date of its receipt of FORMAL NOTICE from the CITY,
during which time the DEVELOPER shall have the right to cure or remedy the event leading to
such claim.
13.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFALTLT under the
DEVELOPMEI�T AGREEMENT with respect to the particular matter causing the claim or
demand, with respect to claims or demands asserted against the CITY by a third party of the nature
covered by Section 13.1, and provided that the CITY gives FORMAL NOTICE thereof, the
DEVELOPER will, at its sole expense, provide for the defense thereof with counsel of its own
selection but approved by the CITY; the DEVELOPER will pay all costs and expenses including
attorneys' fees incurred in so defending against such claims, provided that the CITY shall at all
times also ha��e the right to fully participate in the defense at the CITY's expense. If the
DEVELOPER fails to defend, the CITY 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.
ARTICLE 14
CITY REMEDIES UPON DEVELOPER DEFAULT
14.1. CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by
FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the
DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the
DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does
not cure the DEVELOPER DEFAULT, then the CITY may avail itself of any remedy afforded by
law and any of the following remedies:
a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT;
b) the CITY may suspend any work, improvement or obligation to be performed by the
CITY;
16
c) the CITY may collect on the irrevocable letter of credit ("LOC") or cash deposit
pursuant to Article 15 hereof;
d) the CITY may suspend or deny building and occupancy permits for buildings within
the FINAL PLAT;
e) the CITY 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 CITY reimburse the CITY for any costs and
expenses incurred by the CITY. In the alternative, the CITY may in whole or in
part, specially assess any of the costs and expenses incurred by the CITY; 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
assessment resulting therefrom, including, but not limited to, notice and hearing
requirement and any claim that the special assessments exceed benefit to the FINAL
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
and thereafter waived in writing by the CITY, 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 CITY
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 in case of a DEVELOPER DEFAULT and
notwithstanding the requirement contained in Section 14.1 hereof relating to giving the
DEVELOPER a right to cure the DEVELOPER DEFAULT, in the event of an emergency as
detennined by the CITY ENGINEER, resulting from the DEVELOPER DEFAULT, the CITY may
perfornl the work or improvement to be performed by the DEVELOPER without giving any notice
or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER the right to cure
the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after
written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the
alternative, the CITY may, in whole or in part, specially assess the costs and expenses incurred by
the CITY; 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
17
resulting therefrom, including, but not limited to, notice and hearing requirements and any claim
that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives
any appeal rights otherwise available pursuant to Minn. Stat. §429.081.
ARTICLE 15
FINANCIAL OBLIGATIONS
15.1. DEVELOPER'S LETTER OF CREDIT AMOUNT. Prior to release of the
FINAL PLAT f'or recording,the DEVELOPER shall deposit with the CITY an irrevocable LOC for
the amounts required in Exhibits C and F. In lieu of an irrevocable LOC, DEVELOPER may
deposit cash or other security acceptable to CITY.
All cost estimates shall be acceptable to the CITY ENGINEER. The bank and form of the
irrevocable LOC shall be subject to approval by the CITY Finance Director and shall continue to be
in full force and effect until released by the CITY. The irrevocable LOC shall be for a tenn ending
two (2) years after acceptance by the CITY. 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, and further provided that the irrevocable LOC states that at least sixty
(60) days prior to the expiration date the bank will notify the CITY if the bank elects not to renew
for an additional period. The irrevocable LOC shall secure compliance by the DEVELOPER with
the terms of this DEVELOPMENT AGREEMENT. The CITY may draw down on the irrevocable
LOC or cash deposit, without any further notice than that provided in Section 14.1 relating to a
DEVELOPER DEFAULT, far any of the following reasons:
a) a DEVELOPER DEFAULT; ar
b) upon the CITY receiving notice that the inevocable LOC will be allowed to lapse
priar to two(2)years after acceptance by the CITY.
The CITY shall use the LOC proceeds to reimburse the CITY for its costs and to cause the
DEVELOPER IMPROVEMENTS to be constructed to the extent practicable; if the CITY
ENGINEER detennules that such DEVELOPER IMPROVEMENTS have been constructed and
after retaining 10°/o of the proceeds for later distribution pursuant to Section 15.2, the remaining
proceeds shall Ue distributed to the DEVELOPER.
With CITY approval, the irrevocable LOC may be reduced pursuant to Section 15.2 from
time to time as financial obligations are paid.
15.2. ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER
IMPROVEMENTS. The DEVELOPER may request that the LOC or cash deposits required by
the DEVELOPMENT AGREEMENT be reduced at the time of substantial completion of the
DEVELOPMENT PROJECT to 150% of the value of only the outstanding incomplete
improvements.
18
If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered
to, or that work was done without CITY inspection, the CITY may require, as a condition of
acceptance, that the DEVELOPER post an irrevocable LOC, 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 CITY
inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for
inspection purposes.
15.3. DEVELOPER'S CASH FEES AND CASH ESCROW REQUIREMENTS. At
the time that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall deposit cash
and cash escrows with the CITY for those items and in the amounts required in Exhibit G.
15.4. BUILDER'S CASH FEES AND ESCROW REOUIREMENTS. DEVELOPER
shall notify each BUILDER that certain building permit fees and an escrow shall be required prior
to the issuance of a building permit for each lot for those items and in the amount stated on Exhibit
H, attached hereto. If the DEVELOPER is the only BUILDER pulling building permits, the CITY,
in its sole discretion, may accept an irrevocable LOC fram the DEVELOPER for each lot, in an
amount equal to or exceeding the total amount of cash escrow requirement that would otherwise be
required under this paragraph.
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 IMPROVEMENTS.
16.2. ADDITIONAL IMPROVEMENTS. If the DEVELOPER fails to construct the
DEVELOPER IMPROVEMENTS, the CITY at its option, may install and construct the
DEVELOPER LMPROVEMENTS. In such case, the CITY, at its option, may specially assess the
cost wholly or in part therefore under Minnesota Statutes Chapter 429, or may draw on the
irrevocable LOC or cash deposit. If the CITY specially assesses the cost of any portion thereof,
then the DEVELOPER hereby waives 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 CITY 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.
19
t
16.5. RECORDING. The DEVELOPMENT AGREEMENT and PLAT shall be
recorded with the COIJNTY 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 recardable DEVELOPMENT AGREEMENT shall run with the land in the
FINAL PLAT, and shall be binding upon the successors and assigns of the DEVELOPER. This
DEVELOPMENT AGREEMENT shall also run with and be binding upon any after acquired
interest of the DEVELOPER in the land made the subject of the FINAL PLAT.
16.7. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this
DEVELOPMENT AGREEMENT without the prior written consent 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 ar more lots,the entire 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
extend the time for the perfonnance 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 an}�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 accardance with the laws of the State of Minnesota.
1610. 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.
16.1L HEADINGS. The subject headings of the paragraphs and subparagaphs 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
20
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 hereby grants to the CITY, its agents, employees,
officers, and contractors a license and right of entry to enter the DEVELOPMENT PROPERTY to
perform all work and inspections deemed appropriate by the CTTY during the installation of
DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS.
[The remainder of this page has been intentionally left blank.]
21
IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT
AGREEMENT.
CITY:
CITY OF COTTAGE GROVE
By:
Myron Bailey
Its Mayor
By:
Joseph Fischbach
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2018, 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 nained 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
22
DEVELOPER/OWNER:
MISSISSIPPI DLTNES STH LLC
BY: �cC� iJ-z�Z.rc�
Name: U� . D ✓� /
Its:
STATE OF MINNESOTA )
� ) ss.
COUNTY OF ��'Ly e ��1 �
��
On this -3 � day of �ti r�L. , 2018, before me a Notary Public within and for
said Counry,personally appeared ��, � ��'" � or�.�+� �i to me personally known,
who being by me duly sworn, did say that he is the k�t,.`�1���' of Mississippi Dunes Sth
LLC, a Minnesota limited liability company, the company named in the foregoing instrument,
and that said instrument was signed on behalf of said limited liability company.
�``��`� _
F,.�> �� ANTHONY L.WESTRUM
'�K Notary Public-Minnesota otary lic
`�,�,��, �;:'.
�� My Commission Expfres Jan.31,2b20
THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING PLEASE RETURN TO:
Korine Land,#262432
LeVander,Gillen,&Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
23
�
EXHIBIT A
DEVELOPMENT PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Lots 1-6,Block 1,Mississippi Dunes Estates Fifth Addition
Lots 1-6,Block 2,Mississippi Dunes Estates Fifth Addition
Lots 1-9, Block 3,Mississippi Dunes Estates Fifth Addition
Lots l-7,Block 4,Mississippi Dunes Estates Fifth Addition
� Lots 1-16,Block 5,Mississippi Dunes Estates Fifth Addition
Outlots A-G,Mississippi Dunes Estates Fifth Addition
A-1
EXHIBIT B
FINAL PLAT
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EXHIBIT B
FINAL PLAT
CONT.
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EXHIBIT B
FINAL PLAT
CONT.
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B-3
EXHIBIT C
SITE IMPROVEMENTS
ESTIMATED CONSTRUCTION COSTS
Estimated
Site Im rovement LOC Construction Cost Per Lot
Sanitar Sewer $ 212,607 $ 4,831.98
Watermain $ 259,584 $ 5,899.64
Storm Sewer $ 144,768 $ 3,290.18
Streets $ 563,393 $ 12,80438
Street Li htin $ 39,800 $ 904.55
Subtotal: $ 1,220,152 $ 27,730.72
LOC 125°% $ 1,525,189 $ 34,663.39
Final Streets Construction Cost $ 101,825 $ 2,314.19
Final Streets LOC 130%): $ 132,372 $ 3,008.45
Total Site Im rovement LOC: $ 1,657,561 $ 37,671.85
G1
EXHIBIT D
MISCELLANEOUS REQUIREMENTS AND CONDITIONS
IMPOSED BY THE CITY
1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT
TO BE RECORDED.
a) Letter of Credit. DEVELOPER inust provide the LOC for the amounts stated on
E�ibits C and F of this DEVELOPMENT AGREEMENT.
b) All Cash Deposits. DEVELOPER must pay all cash deposits required in this
DEVELOPMENT AGREEMENT.
c) Plannin Fees. DEVELOPER must fully pay the CITY all planning, engineering
review and legal fees that have been incurred up to the date of approval of this
DEVELOPMENT AGREEMENT.
d) Park Fee and Credits Relatin�Thereto. DEVELOPER must pay park dedication fees
as required in Exhibit G and convey Outlots A,B,C and F in the FINAL PLAT to the
CITY by Warranty Deed,to fulfill the park dedication requirements.
2) BUILDING PERMITS. No building permits may be obtained until:
a) All the conditions in Paragraph 1 of this Exhibit D have been met;
b) All storm water ponds an associated drainage features including storm sewer and
drainage swales have been installed;
c) The following documents have been recorded:
• Final Plat
• Development Agreement
• Warranty Deeds for Outlots A,B,C and F to the CITY
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 D 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-1
d) As built surveys have been received by the CITY.
4) SUBDIVISION EROSION CONTROL. DEVELOPER is responsible for erosion control
throughout the FINAL PLAT pursuant to the NPDES permit until all lots in the FINAL
PLAT are built upon and until turf is established in each of the individual lots in the FINAL
PLAT.
5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREES AND ADJOINING
PROPF.RTY. The escrow amount stated on Exhibit G shall include an appropriate amount
as determined by the Director of Public Works to ensure that the DEVELOPER removes
any construction debris from streets adjoining the FINAL PLAT and from private properties
that adjoint the FINAL PLAT. During the construction of the residences and other
improvements within the FINAL 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 adjoining private properties or into CITY streets or that may fall from delivery
trucks onto adjoining private properties or CITY streets. Further, during construction, the
DEVELOPER must clear the CITY streets of any dirt or other earthen material that may fall
onto the CITY streets from the delivery trucks that are being used in the excavation and
grading of the site.
6) LANDSCAPED ISLAND MAINTENANCE. Landscaped islands shall be provided in
the center of all cul-de-sacs and have irrigation installed to the islands, if necessary. The
islands shall be platted as outlots and maintained and owned by the Homeowners'
Association.
7) MAILBOXES. 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.
8) SIDEWALK SNOW REMOVAL AND TRAIL MAINTENANCE. The CITY shall
provide snow removal of transportation trails.The property owners abutting all sidewalks or
the Horneowners' Association must remove the snow and/or ice from the sidewalks as
detennined by the governing documents of the Homeowners' Association.
D-2
EXHIBIT E
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 CITY.
4. Grading Permit from the CITY.
5. Any contractor licenses from the CITY or the State of Minnesota.
6. Building Permits from the CITY.
7. Electrical Permits from the CITY.
8. Utiliry permits that may be required from the CITY, State of Minnesota or any utility
company.
E-1
k
EXHIBIT F
I)EVELOPER'S LETTER OF CREDIT REQUIREMENTS FOR
SITE GRADING & EROSION CONTROL ITEMS
Gradin LOC Unit Q Total Per Lot
Pond Cleanin LS 1.00 $ 15,000 $ 340.91
Gradin LOC 150% $ 22,500 $ 511.36
F-1
EXHIBIT G
DEVELOPER'S CASH REQUIREMENTS AND
INDIRECT COST CASH ESCROW
CASH REQUIREMENTS
Ci Fees Unit Qt Unit Cost Total Per Lot
Cit Su lied Poles & Luminaires EA 13 $1,900 $24,700 $561.36
Street Li ht Utilit Surchar e EA 44 $68 $2,988 $67.92
Seal Coatin : Streets SY 12,857 $1.25 $16,071 $365.26
Sealcoatin : Bituminous Trails SY 580 $2.50 $1,450 $32.95
Park and O en S ace Markers EA 13 $ll5 $1,495 $33.98
Park Dedication Fees LS 1 $126,603 $126,603 $2,877.35
Trail Reimbursement(Built in 4th
Addition LS 1 $10,269 $10,269 $233.39
Pond Re air Pro'ect LS 1 $9,328 $9,328 $212.00
Hadle Avenue Im rovements LS 44 $792.28 $34,860 $792.28
2% En ineerin Fee Fee LS 1 $26,440 $26,440 $600.90
Total Fees $254,205 $5,777.38
CASH ESCROW
En ineerin Escrow Total Per Lot
2%Plan Review $26,440 $600.90
5% Ins ection $66,099 $1,502.25
Total Escrow: $92,538 $2,103.14
AREA CHARGES
Area Char es Cost/Acre Acres Total Per Lot
Sanitar Area Char e $ 1,430.00 23.38 $ 33,433 $ 759.85
Water Area Char e $ 2,515.00 23.38 $ 58,801 $ 1,336.38
Storm Area Char e $ 7,274.00 23.38 $ 170,066 $ 3,865.14
Total Area Char es: $ 262,300 $ 5,961.37
G-1
EXHIBIT H
BUILDER'S ESCROW REQUIREMENTS
AND CASH REQUIREMENTS
LOC ESCROW
Builder LOC Per Lot
Yard &Boulevard Sod $ 4,065
Boulevard Trees $ 430
Sidewalk Re lacement $ 800
Pro ert As-Built Surve & Corner Re lacement $ 1,000
Total: $ 6,295
CASH REQUIREMENTS
Buildin Permit Fees Per Lot
Sod& Boulevard Tree Ins ection Fee $ 150.00
Curb Sto Ins ection Fee $ 150.00
Gradin As-Built Review Fee $ 30.00
Ri ht-of-Wa Permit Fee $ 50.00
Total Cash Added to Buildin Permit: $380.00
H-1