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Home My WebLink About1998-08-05 PACKET 08.B.RECUEST C9F CITY COUNCIL ACTION GOUNCfL AGENDA t�EETIiVG ITE # DATE 8/5/98 �• (3 • i'REPARE� 3Y Commurity Development 6Cim Lindquist C�RIGINATING DEPARTMENT STAFF AUTHOR �..�.�.«.<..�.�.4d..�...�.*�...d.a..�*.�«.�.�..� COUP�CIL ACT'ION REQUEST 1) Approve resolution approving construction plans and specifications and ordering advertisement for bids for Hidden Valley 7�' Addition 2) Approve ordinance amending Ghapter 28, Section 28-6, Zoning Map via rezoning certain property from R2.5 Residential Distric4 to f25 Medium Density Residential 3} Approve subdivision agreement with Secure Properties, Inc. for Hidden Valley 7` Addition : � . . � � . ; � � • • ADVISORY COMMISSION ACTION DATE � PL4NNlNG 6/22/98 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ �1 • ' _ . . . : ._ ._ -. : •: /1- � • R. ��•'� ' �- ■ ' ' � �' • ■ • ♦ r• � ►�1 ! . t •• �� .• --�y.�' N/A ACTUALAMOUNT APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ �� *��,��>$a.�,.<�a.�.�..,*��4�a��. cc��ci� �c�rso� �ra��: C� �P�€ac��r�� [� c��rt�� ❑ c�rH�� F cmver.doc ORANo M EM oVn G\\ a � a c��y ��Stica'� S �h oeae� G1ty 5 0� a<e p� k, P me�� <b � � M 3, 1g9a dd�i�o� S�bd\v�s\o� P9 �� .� P a9 vai �h �� Pd d�t��e rt ,��ad va\\ey � e d°�� tre N\a de e ti e ur des s\o �. er tifo� e ato �pve� d�s�� a9� as agce tha� a � e<� c a�d � ura o � the s a e P evey pe �� \\� 9�t\n9 ° pe f��a Ftyg S a cAP • e � e d ch eCe aC h�re d f sf�e u�cen`e��or� Mr � t�o� 3� eC ce�` ev e� ,� o�<`� ea� � tre � uba�v�s va �ua G � a ��y ir ve�Op a N�'� er� ab e�r� y �ona � �r tr 5 ��a� a ta c�, espe �m�� t?� a9� ��tih � r d�he 5 o �� va a n o f �° � G e ,��s�� u�<eR` •�a to� an o � �he C e tra� �� lten` <s o { the ` 5 � re �es 5 pe P � o a <�r9 � .\ ti e ms a ��e ��t�� ' e ��e�� a t�h�s o f , f�<st �e �� S t sea �cu�a c°` j e tihe � a <� 0 P fee �s t r n � u e �e�a tihe �� S e Pa� o �e trar.\aed tiO en<� e �oP eC co� ��9 �n a`Jme ab° uk �S � •,�y p� �, 5 � � aa e on o�ap 5 tre ��e � � � � o t e G� y �tee �ti`o a a�ti� e G�ty o f th the C �� y < to ti� \e ss�On � �a�y gu p °�' Pr a e'tuce th� S a\e � a<� � d�s� �� ra�� o �p <o Ub a��s � fo� {oCe ��os �e . �� d�ce d ��u�ac S J en� °� a ��r9 < � e 'Che <r � ��s P af ��,� s m a � '�f ar`1 ?e oc�O� Fty05ard�n9 5 �,��tfed�aagea� o Ere p m y` ti e any �u eemen � b �� e to e � Jba\J �S�o �arat eh��mu��y . e �da ti,o � 4he S ,�a�v�s�o �he �� Coy �C�9 � 5�1 � v 11fr�C� Recp mme ,�dsepp ade eor� b a�v�s�o s 5�a� � �{e � a �� {U`Uc p�o�veCSa\\y a RESOLUTION NO. 98-XXX RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFiCAT10NS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE HIDDEN VALLEY 7TH ADDITION PROJECT WHEREAS, pursuant to a resolution passed by the Council on the 15th day of July, 1998, the City Engineer was authorized to prepare pians and specifications for the improvements of Hidden Valley 7th Addition Utility and Street Impravement Project; and WHEREAS, the City Engineer has presented such pians and specifications to the City Council for approval. NOW TNEREFORE BE IT RESOLVED, by the City Councii of the City of Cottage Grove, County of Washington, State of Minnesota, as foliows: Construction plans and specifications for the Hidden Valiey 7th Addition Utility and Street lmprovemenf Project have been prepared by the City Engineer and now on file in the office of the City Clerk, are hereby approved as the plans and specifications in accordance with which said improvements shali be made. 2. The City Cierk shall prepare and cause to be inserted in tha official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published, shall specify the work to be dane, shali state that bids wiil be received by the City Clerk until 11:00 a.m. on August 27, 1998, at which time they will be publicly opened in the �ouncil Chambers of the City Hall by the City Clerk and Engineer, wiil then be tabulated, and wili be considered by the Council on September 2, 1998. 3. Any bidder whose responsibility is questioned during consideration of the bid wiil be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for five percent of the amount of such bid. Resolution No. 98-XXX August 5, 1998 Page 2 Passed this 5th day of August, 1998. John D. Denzer, Mayor Attest: Caron M. Stransky, City Clerk ORDINANCE NO. XXX AN ORDINANCE FOR TI-IE CITY OF COTTAGE GROVE, NIINNESOTA AMENDING CHAPTER 28, S�CTION 28-6, ZONING MAP VIA REZONING CERTAIN PROPERTY FROM "R-2.5" IZFSIDENT'IAL DISTRICT TO "R-5" MEDIUM DENSIT'Y RFSIDENT'IAL The City Council of the City of Cottage Grove, Washington County, Minnesota, does ordain as follows: SECTION i. AMENDMENT. The City of Cottage Grove's Official Zoning Map as referenced in Chapter 28, Article I; Sec6on 28-6 of the "Code of the Ciry of Cottage Grove"; County of Washington, State of Minnesota shail be amended by rezoning several properties from "R-2.5", Residen6al District to "R-5", Medium Density Residential. SECTION 2. REZONIN The Official Zoning Map shall be amended by changing the zoning classification of the properties depicted in the circied area on the attached Exhibit A from "R-2.5", Residential District to "R-5", Medium Density Residential. The "R-5° rezoning is subject to the foliowing condition: 1. 'Fhe applicant shatl maintain the proposed lot sizes and configuration presented to the City in Case 98-14/I5. This precludes any re-platting of the property to lots more consistent with the minimum RS zoning ordinance standuds. SECTION 3. EFFECTIVE DATE. This ordinanee shall be in full force and effect from and after its adoption and publication according to law. Passed this Sth day of August, 1998. Attest: John D. Denzer, Mayor Caron M. 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"":t 6 . .:; �;�� o � , � � ; � � '� � .,� � � � J�G �,i " / �\ V616 1� �T` � �a 525� vJ N � � � r �. � /v;� l� n � i Kt�' ^'. � .. . �� ', . � ,� `� I y "'�� m 2_� _`_ ' � � , � J�m � � �. 57739 � : ¢�6 �o y'�. �_� � �c�a /7s9s 1N 7733.,�I , : i � �t irn 7 - � ' ��%-= " i / 'i ri ., /i'v ° d.l � / �^�.%� �� 7703 .j�,-�'�`L� i ,_.; _�7320 7244 ,' i m c ; 7305 ! 7334 �, �'` , \,<.. ..\ - - ��7284/�Q—., 7346 �,, .� �.�r�/73�T ,, 7318 ; ;� j ry-. v �; 7341., 3335 :,. i ;;'��„�0.��4' .,%�Q�Z359 J7722�I------;i __ . � � ; � 7724 � . �_ � � � �' , � ; 4� �, �778 ..=`—,. 7728: 1 N � %'Z',=�7386� � �.: ,, � ' 7732 �. � oT i j .;�=�� >�� r � � /-'_�� 7738 �' I I 7061 1 i .--. _ � ENOYA' W3TNES , 7751 72ND � , 7so 7302 r -..__ 7320 ,� t- _." � '7338 ` � 7356 ., ;'<�- 73 7� � •-o� ;� �.:� : r i h �_..__,.- " T ._.._-- � ItD�tn! t ��Nit h If^ P �(� h� 7 � �� [Reserved for recording data] DEVELOPMENT AGREEMENT FOR HIDDEN VALLEY 7 ADDTI'ION This Agreement is made and entered into on the 29th day of 7uly, 1998, by and between Secure Properties, Inc., hereinafter referred to as"DEVELOPER" and the City of Cottage Grove, a municipal corporation, situated in the County of Washington, State of M'innesota, hereinafter referred to as the "CITY". WIIEREAS, the OWNER is the DEVELOPER of a residential SUBDIVISION known as Hidden Valley 7�' Addition consisting of 37 single family lots and 6 outlots situated in the City of Cottage Grove, County of Washington, State of IvLnnesota, of which aze described in E�ibit "A", which is attached hereto and made a part hereof by reference; and WHEREAS, Chapter 23 of the City Code of the City of Cottage Grove, requires DEVELOPER to make certain improvements in the SUBDIVISION, and the parties hereto aze desirous of entering into an agreement with respect Yo such improvements, a list of w}uch improvements is set forth, together with the estimated cost thereo� in E�ibit "B" attached hereto and made a part hereof by reference, herelnafter referred to as the "Improvements". 1 NOW, THEREFORE, TT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: I. DEFINTTIONS. 1.1 Terms. The following terrns shall have the meanings as set forth be(ow. 1.2 Cit�. "CITY" means the City of Cottage Grove, a�esota municipal corporation. 1.3 Develoner. "DEVELOPER" means Secure Properties, Inc. 1.4 Owner. "OWNER" means S�ure Properties, Inc. 1.5 Subdivision. "SUBDIVISION" means Ii'idden Valley 7th Addition II. OWNER WARRANTIES. 2.1 Warran , of Title. The DEVELOPER represents and warrants that they own fee title to the property which is the subject of this SUBDIVISION, free and clear of any mortgages, liens, and other encumbrances. 2.2 Cleaz Title to the CITY. Prior to the dedication, transfer, or conveyance of any real property or interest therein to the CITY for future phases of development, the DEVELOPER shall deliver to the CITY evidence in the form of a title opinion or a title insurance policy evidencing good title in the DEVELOPER or OWNER. The condition of the title of any real property or interest therein to be dedicated, transferred or conveyed to the CITY as provided for herein shati vest good and marketable title in the CTfY, free and cleaz of any mortgages, liens, encumbrances, taxes or assessments. III. PLAT APF�O�JAL. 3.I Plat Name/Recordin of Piat. Subject to the terms and conditions of this Development Agreement, the recitals above, and all other applicable ordinances of the City of Cottage Crrove, including the zoning and subdivision ordinances, the preliminary and final plat resolutions, and the CITY's Development Policy the CITY hereby approves the recording of the plat known as "Hidden `� Valley 7�' Addition." DEVELOPER shall record the plat prior to the CTTY awazdin� bids for the Improvements, which aze listed as "Petition Items" in E�chibit "B". In the event that the plat is not recorded prior to the award of the bids, the CITY shai delay the awazd of the bid until the DEVELOPER records the plat, or until the DEVEI.OPER transfers to the CTTY the right-of-way and easements where the Improvements aze to be uistailed. 3.2 Easements. DEVELOPER shai grant all easements required by the CITY on the final plat or DEVELOPER shal( provide the easements in otherwise recordable forrn, without cost to the CITY. N. CITY IlvIPROVEMENTS. 4.1 CITY Improvements. The DEVELOPER has petitioned the CITY to construct and install Improvements listed as"Petition Items" in Exhibit "B". The CTI'Y shall construct the Improvements in accordance with its regutar methods of making public improvements. The estimated costs in Exhibit "B" "Petition Items" include engineering, legal, administrative and finance and bonding costs. The CITY shall assess the costs for the Improvements, including engineering, tegal, administrative and &nance and bonding costs against the lots located within the SUBDIVISION in accordance with Minnesota Statutes, Chapter 429 and Chapter 444. 4. ].l The amount of the assessment shall be computed by taking the total costs of the Area Charges and Improvements, including engineering, legal, admnvstrative and finance and bonding costs less any deposits or payments made by the DEVELOPER, according to the terms of this Agreement. 41.2 The Improvements assessed pursuant to Mmnesota Statutes, Chapter 429 shall be assessed with a payback over a period ofthree (3) years. 4.2 Waiver a) The DEVEL,OPER hereby waives the requ¢ement of hearings and notice of any hearings necessary for installation of said Improvements, or Improvements installed at. the request of Yhe DEVELOPER as provided herein; the DEVELOPER further waives objection to any and all defects in 3 the proceedings for the ordering of the Improvements, the letting of the contracts for the Improvements and the assessment of the cost of said Improvements. b) DEVELOPER fi�rther waives any objection to the assessments for said Improvements tevied by the CITY pursuant to Mumesota Statutes, Chapter 429 or Chapter 444, speciScally including the right to agpeat the levy of assessments for the Improvements, and further including change orders necessary for the completion of the Improvements, if such objection is not made in writing and deivered to CTI'Y between the time of the opening of the bids for the instatlation of said Improvements and prior to the CTTY Council approvai or awazd thereof, or within Thirry (30) days of the opening of the bids, whichever shall occur first. If the DEVEI,OPER'S objection is received, the CITI' Council shall have the option of reletting the bids, continuing with the Improvements or deleting the Improvements from the contract. 4.3 Street Lighting. The DEVELOPER agrees to provide a public street 6ghting system planned in accordance with the appGcabte CITY ordinance, pursuant to the "Petition Items". The street light utility, cost which amounts to $31.02 per lot per year for a three-yeaz period, shali be assessed equally to the fifty (37) lots in the SUBDIVISION. The total amount is Three Thousand Four Hundred Forty Three and no/100 dollazs ($3,443.00) and equates to $93.06 per lot. 4.4 Street Sealcoatine. The DEVELOPER agees to pay the cost of the first sealcoating application of all public streets in the SLTBDIVISION. The cost of sealcoating is based on the rate of $0.65 per squaze yazd multiplied by the total square yazds of roadway (8,350.77 squaze yards). The sealcoating cost, wPyich amounts to a total of Five Thousand Four Hundred twenty eight and no/100 dollazs ($5,428.00) is included in the prelimuiary cost estimate for street improvements, shall be assessed equaiy to the thirty seven (37) lots in the SUBDIVISION. 4.5 Hardwood Corridor Roadway Imorovements. The CITY and DEVELOPER acknowledge that: n a) In order to facilitate West Draw development, the CITY will initiate the Hardwood Avenue corridor improvement project. b) This project will eventually entail construction of Hardwood Avenue as part of the City's collector road system, upgrading the north portion of eatisting Harkness to complement Hardwood Avenue, and mill and overlay of existing Harkness Road. 4.5.1 It is further acknowledged that this plat accesses the northern portion of the Corridor by a new street and that: a) Vehicles from the subdivision will be utilizing Hardwood Avenue. b) As a resutt of the subdivision design, the western portion of the plat will be platted as parks and ponding, which will limit future assessment potential for the future roadway improvements. c) Since the subdivision will be utilizing the corridor, it was determined that a policy needed to be established to capture some of the development benefit of the proposed road upgrades. d) This policy would avoid the general public having to carry a disproportionate share of financing the roadway improvement adjacent to the plat. e) In accordance with the current assessment pollcy for residential streets in pavement management districts, lt was determined that the proposed project would be responsible for a $39,000 contribution to the Harkness Avenue upgrade. fj This figure was calcutated by taking 1, I50 feet of frontage and dividing by 85 feet (minimum lot width), then multiplying by $3,000, which fs 2 percent ofthe conservative estimated average market value of $I50,000. g} Said Charges are included in "E�chibit B" under Petition Items and shall be assessed equalty to the thirty-seven (37) lots in the SUBDIVISION. 4.6 Area Charees. The Waterworks, Sanitary sewer and Storm Water Facilities L.and Use Assessment area chazges for the project aze based on the revised 1997 azea chazge assessment rates and the 60.94 acre pazent parcel of the SUBDIVISION. The total chazges have been proportionately assigned to the seventy-eight (78) iots approved in the 1998 I�'idden Va(ley Preliminary Plat. The DEVELOPER agrees to pay the required area charges in the combined amount of Four Thousand Four Hundred Eighty Six and 37/100 dollars. ($4,486.3'7) per lot. Said Charges are inciuded in "E�thibit B" under Petition Items and shall be assessed to the thirty-seven (37) lots in the SUBDIVISION. 4.6 The CITY hereby Acknowledges that a credit of One Hundred And Fifty Thousand and no/100 dollars ($150,000.00) was appGed to the Storm Water Facilities Land Use Assessment azea chazge in order to compensate the DEVELOPER for the creation of an additional 75.87 acre feet of ponding in the SUBDIVISION that is for Regional storrn water management purposes. V. DEVELOPER IMPROVEMENTS. 5.1 CITY Confortnance. All work and improvernents required by this Agreement to be perFormed by the DEVEJ..OPER shall be built and constructed by the DEVELOPER in accordance with the plans and specifications approved by the CITY and the CITI' Councii, and all ordinances and preliminary and final plat resolutions of the CITY or any amendments thereto and CITY Deve(opment Policy. 5.2 Gradin� and Draina ee Ptans. The DEVEI..OPER shall provide the CTI`Y with grading and drainage plans to be approved by the CTfY. The grading and drainage plans shall include lot and house elevations, drainage swales which shall be sodded in the same manner as boulevards, storm sewer, catch basins, erosion control structures and pending areas to conform with the overall CTI'Y storm sewer plan, and said pians shall be approved by the CTl'Y. 3 Except for individual house sites, property with slopes of Fifteen percent (15%) or geater shall not be tough gaded. The plan shall contain holddown elevations that will allow for the spreading of excavation material in order to achieve compliance with the grading plan. The grading of the site shall be performed by the DEVELOPER and completed in conformance with the approved grading and drainage plan. Crrading shall be coordinated with the CTTY to coincide with the schedule for the installation af CTTY Improvements. Prior to grading areas outside of the public right-of way in the vegetated southern portion of the plat, the DEVELOPER shall submit an individual lot grading plan on a registered certificate of survey. In accordance with the CI7'I"S tree preservation ordinance said survey shall detail all existing signi&cant or specimen trees and those proposed to be removed. No gading outside of the public right-of way shall be completed until said survey and tree preservation measures are approved by the CTTY. The DEVELOPER shall construct drainage facilities adequate to serve the SUBDIVISION in accordance with the approved plans. The DEVELOPER agrees to gant to the CiTY, without cost to CITY, all easements reasonably necessary for the preservation and maintenance of said drainage system, for drainage basins, for utility service and for utility looping. Prior to issuance of a Certificate of Occupancy for any home constructed on a lot within the SUBDIVISION, a Certificate of Compliance by a surveyor shall be submitted reflecting conformance with the approved grading plan, and that the lot pin corners aze instailed. 5.3 Public Streets. 1'he DEVELOPER shall gade, in accordance with the grading plan provided to and approved by the CITY, all public streets, boulevazds, driveways and other public lands, if any, and other lands shown in the approved grading plan. The DEVELOPER shall perform the grading prior to the awazd of the CITY's contract for the Improvements. If the DEVELOPER does not perform the work required by this pazagaph, the CITY shall complete all work required of the DEVELOPER under the CITY contract. The DEVELOPER shall be financially responsible for 7 payments for this eatra work, which shall be assessed as provided above. The CTTY shall have the right to demand an increased financial guazantee in accordance with paragaph 8.1 hereo� if applicable. 5.4 Public Street Maintenance. DEVELOPER shall be responsibie for all maintenance, upkeep and repair (including snow plowing and grading) of all public streets contained within the SUBDIVISION until the base bituminous, curtr and gutter and tapered bituminous around the rim of all manholes within the public roadway are compieted and accepted by the CTI'Y, and DEVELOPER hereby agrees to indenmify and hald the CTfY harniless from any and all claims for damages of any nature whatsoever arising out of the establishment of this piat and the streets within the plat until those streets have been accepted by the CITY. 5.5 Street Siens. The DEVELOPER shall be financially responsible for the cost of street identification signs. Street signs shall be in conformance with the names as indicated on the CTTI' street naming system. The actual number and location of signs will be detern�ined and installed by the CTTY. 5.6 Restoration. The DEVEL,OPER shall clear any soil, earth or debris from the street Improvements within the SUBDIVISION, which is placed thereon as a result of construction on the land within the addition by the DEVELOPER or its agents, successors or assigns. The DEVELOPER shai restore any gravel base for the street Improvements if said gravel base is contaminated by mixing construction or excavation debris or earth in the gavel base and repair any damage 4o bituminous surfacing and/or concrete curbing of the street Improvements resulting from the authorized or unauthorized use of ccans�ruction equipment. Completion of the work described in this paragraph shall be completed within fifteen (IS) days of notice by the CITY to the DEVELOPER that repair or restoration is requ'ved pursuant to this pazagraph. 5.7 Erosion Control. Prior to the commencement of grading, the DEVELOPER shall obtain and pay for a General Storm Water Pemut for Construction Activity from the i�nnesota Pollution � Controt Agency and a gading pernut from the City of Cottage Grove. The DEVELOPER, its contractors and subcontractors, must perform all grading in accordance with the said Pernilts. Erosion controi shall comply with the terms of the Pernuts, and the Minnesota Pollution Control Agency and Environmentai Protection Agency Guidelines for erosion and sediinent control plans. After the site is rough graded, the DEVELOPER shall provide for erosion control, and provide necessary erosion control devices that are reasonably required by the CI1'I'. The parties recogivze that time is of the essence in controlling erosion. If the DEVELOPER does not provide erosion control, the CITY may, after a twenty-four-hour notice take such action as it deems appropriate to control erosion. 5.8 Sod. The DEVELOPER shall pay for and install cultured sod in from the street curb to the rear wall of the dwelling and major drainage swales as detemtined by the CITY in the entire SUBDIVISION. Comer (ots shall be sodded to the sideyazd setback. For a lot where the Certificate of Occupancy is issued between August i and May 1 of the following year, compietion of the work described in this paragraph shall be completed by the DEVELOPER by the 15th of June; for a lot where the Certificate of Occupancy is issued between May 1 and July 31, completion of the work described in this pazagraph shal] be completed by the DEVELOPER by the 15th day of September. Notwithstanding anything to the contrazy in paragraph 5.8, it is agreed that, in lieu of the DEVELOPER installing sod on the lot, the DEVELOPER may provide to the lot owners certiScates which entitle the lot owners to have the required sod delivered to the property at the owner's request for installation by the lot owner. 59 Lot Trees. DBVELOPER agees to pay the CITY to instai one (1) 1 3/4" caliper boulevazd tree per lot, except for corner lots which shall have one boulevazd tree on each street side of the property, in accordance with CITY's ordinance speciScations. For a lot where the Certificate of Occupancy is issued between August 1 and May I of the foiowing yeaz, completion of the work 0 described in this paragraph shall be completed by the City by the ISth of June; for a lot where the Certificate of dccupancy is issued between May 1 and July 31, completion of the work described in this pazagaph shalt be completed by the City by the I Sth day of September. 5.10 The DEVELOPER is responsible to construct a six (6)-foot wide concrete sidewalk or 8 foot bituminous trailway along the south side of 74'" Street South from E-Iidden Valley I.ane to Harkness Avenue. The sidewalk must be completed to CTTI' standards. The DEVELOPER is responsibie to repair any damaged sidewalk that may occur during construction. The Certificate of Occupancy will not be issued until the sidewalk is completed and any damage thereto is repaired to CITY standards. If the Certificate of Occupancy is issued between November 1 and Aprii, and that portion of the sidewaik located on the pazcel where the Certificate of Occupancy is requested, the DEVELOPER must complete the repair before May 15 following issuance of the Certificate of Occupancy. 5.11 Prohibition on Transfer of Responsibility. The DEVELOPER shall not transfer or assign its responsibility to perform the requirements of pazagraphs 5.6, 5.7, 5.9 and 5.10 to any purchaser or builder ofhome on any lot within the SUBDIVISION. Notwithstanding anything to the contrary in pazagraph 5.11, it is agreed that the DEVELOPER may transfer its responsibility to instail sod in accordance with pazagraph 5.8, provided that the DEVELOPER shati remain liable for the performance thereof. Vi. PARK DEDICATION. 61 Park Dedication. The DEVELOPER ageed to dedicate Outiot A, B, C, F, and G of I-Tidden Vailey 7"' Addition to the CITY for public park and trailway purposes. The total lands identified to be dedicated as pazkland in the 1998 I-Tdden Valley Preliminary plat equates to 22.45 acres. At this time all of this land as being dedicated to the CITY with this SUBDIVISION. Of this 22.45 acres orily four acres of !and will be credited towazds the general park land dedication for the 10 SUBDIVISION due to slopes, ponding, utility easements and other development constraints. The remaining portion of the reduced pazkland dedication fee equates to $209 per lot. This chazge equates Seven Thousand Seven Hundred And no/100 ($7,'733.00), and shall be paid prior to the release of the ptat for recording with Washington County. Pursuant to the terms of the Deve(opment approval process, the DEVELOPER shai also pay the recreation facility chazge of One Hundred Fifty and no/100 Dollars ($150.00) per lot for the SUBDIVISION. This chazge equates to Five Thousand Seven Hundred and no/100 Dollars ($5,700.00) and shai be paid prior to the release of the plat for recording with Washington County. VII. OTI�'.R REQ[JIREMENTS. 71 Occupancy and Access. No occupancy of any building in said plat shall occur until water and sanitary sewer Improvements are available for use and Class V gravel base for streets is in place. Furthermore, the DEVELOPER sha(1 maintain reasonable access to any occupied house or houses within said addition, including necessary street maintenance such as grading and graveling and snow removal prior to permanent street surfacing and acceptance of said streets by the CITY. 7.2 Other A e�ncies. It is further ageed by the CITY that if the DEVELOPER requires any evidence of this Agreement for the purpose of escrow requirements of the Federal Housing Administration, Veterans Admir�istntion, or any other United States Governmental Agency, the CITY will furnish all required guazantees to the effect that the listed improvements will be or have been made, and that the particular lot wi(1 not be assessed therefore, or if assessed, that all assessments haue been paid if payment therefore has previously been made in the amount of One Hundred Twenty Five percent (125%) of the estimated assessment for said lot. It is acknowledged that this Agreement does not appiy to sewer availability charges unposed by the Metropolitan Waste Control Conunission, and the CI1'Y will not be required to furnish any guazantees with respect thereto. il 73 WeedlGrass Maintenance. DEVELOPER shall not allow or pernvt within the SUBDIVISION any weeds, grass, brush or other rank vegetation to a height greater than 8 inches, or pemvt any accumulation of dead weeds, grass or brush. In the event the DEVEI,OPER fails to comply with this provision, the Director of Public Works may give the DEVELOPER notice to cut or remove material in v'solation of this pazagraph. Ai costs of cutting or removing incurred by the CI'TY shaft be paid by the DEVELOPER, or assessed against the Property. VIII. FINANCIAL GUA,FtANTEE REQIJIltEMENTS. 8.1 Financial Guarantee Requirements. The DEVELOPER shai provide to the CITY cash and/or a non-expiring or automatically renewable irrevocable Letter(s) of Credit in a total amount of Four Hundred sixty Seven Thousand Two hundred Fifty Seven and 88/100 Dollars ($467,25'7.88) to assure the completion and paymenY of the following items: Petition Items (40% of estimate) Offsite Improvements (boulevard trees, boulevard sod, yard sod, street signs and swale sod)(150% of estimate) Erosion Control (150% of estimate) Street Sweeping (150 % of estimate) Sidewalk Repair (25% of estimate) Crrading Compliance and Lot Pin Comer Certificate TOTAL $323,420.38 $66,802.50 $30,735.00 $1,950.00 $'7,350.00 $37,000.00 $467,25'7.88 T'he Casts andlor L,etter of Credit(s) shall provide a financial guazantee of the payment of the "Petition Items" and completion of "Escrow Ytems" as required and set forth in Exhibit "B". The letter of credit must provide that it will be automatically extended at its expiration date on an annual basis unless sixty (60) days prior to the expiration date the Director of Community 12 Development is notified by certiSed mail that said letter of credit will not be extended and therefore will expire. The irrevocable Letter(s) of Credit shall be subject to the approval of the CTTY Attorney, prior to acceptance by the CITY. It is mutuaiy acknowledged that the protection/cleaning existing utilities, erosion conuol, strcet sweeping, street signs, landscaping and private infrastructure constitute One Hundred Fifty percent (I50%) of the estimated costs, "Petition Items" are Forty percent (40%) of the estimated costs, and the gading compliance and lot pin corner certificate constitute One Hundred percent (100%) of the estimated costs. Except as provided in paragaph 5.'7, the CIT'Y may draw upon the Letter(s} of Credit with ten (10) business day's notice to the DEVELOPER, if any one or more of the following conditions exist: a) Nonpayment of the assessments or installments thereof. b) The DEVELOPER fails to pay CIT'I' invoices for boulevazd trees within thirty (30) days of the invoice date. c) The DEVELOPER fails to complete the "Escrow Items'° by the deadlines specified in this Agreement. d) DEVELOPER fails to provide appropriate erosion control pursuant to paragaph 5.7. e) Notwithstanding the time requirements contained in this Agreement for completion of any improvement by the DEVELOPER, if any of the required "Escrow Items" are not completed ai least Thirty (30) days prior to the expiration of the I.etter(s) of Credit, the CITY is authorized to draw upon the remaining balance of the Letter(s) of Credit. As work requ'ved by this Agreement is completed and Assessments, installments thereof or all CITY invoices aze paid a Letter(s} of Credit may be reduced, rivo times a year on February 15 and September 15 upon the request of the DEVELOPER and with approval of the CITY. As a part of 13 these reductions, the financial amounts posted to guazantee payment of assessments may be prorated at forty percent (40%) of the value of the assessment balance for the number of vacant lots remaining. At no time until the complete build out of the SUBDiVISION shall the Letter(s) of Credit be reduced in an amount less than Ten percenY (10%} of the financial guaza�uees for offsite improvements and erosion control, plus a proportionate amount of the Grading Compliance and I,ot Pin Corner CertiScate guazantee amount ($1000.00/lot). The irrevocable L.etter(sJ of Gredit shall be reduced or released upon certification by the CTTY that the items have been satisfactorily completed and invoices aze paid for work requ'ved to be done by the CTTI' . IX. DEFAULT AND REMEDIES. 9.1 Default by DEVELOPER In the event of default by the DEVELOPER as to any of the work to be performed hereunder by itself, or its heirs, successors, or assigns, the CIT'I' is hereby granted the right to declare the entire sum set forth in this Agreement due and payable in full, with all real estate taxes due and payable in the year fo(lowing the breach of any provision of this Agr�ment, and the CITY may immediately bring legal action against the DEVELOPER to collect the sums covered by this Agreement and/or draw upon the financial guarantees posted in conformance with paragraph B.l. The DEVELOPER shall be responsible for the payment of the sum set forth in this Agreement, including any assessments levied. 9.2 Terms of Breach. Breach of any term of this Agreement by the DEVELOPER oe failure to comply with the CTTY ordinances, resolutions or the CITY Development PoGcy shall be gounds for denial of building or occupancy pernrits for buildings within the StJBDIVISION until such breach is corrected by the DEVELOPER 14 93 Validi . If any portioq section, subsection, sentence, ciause, pazagraph or phrase of this Agreement is for any reason held to be inva(id, such decision shall not affect the va(idity of remaining portions of the Ageement. 9.4 Rights Cumulative. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shai be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. 9.5 Attorney's Fees. DEVELOPER agrees to pay the CITY its reasonably necessary attorne�s fees and costs, in the event that any suit or action is commenced to enforce the terms of this Development Agreement or in the event that action is brought upon the Letter(s) of Credit furnished by DEVELOPER as provided for herein. 9.6Indemnification. The DEVELOPER agrees to indemnify and hold the CITY harrriless against any and all liability, loss, damages, costs and expenses, including reasonable attomey's fees, which the CTTY may hereafter sustain, incur or be required to pay by reason of any negligent act or omission or intentional act of the DEVELOPER, its agents, officers, employees, contractors or subcontractors, which is incurred in connection with or is of any nature whatsoever arising out of the establishment of the plat, or the instaiation of the Improvements or work which the DEVELOPER is required to perform under the terms of this Agreement. 9.7 Pavment of City Costs. Upon execution of this contract, the DEVELOPER shall pay to the CITY a deposit in the amount of $2,SOO.OQ to be used by the CTI'Y to pay its out-of-pocket costs in preparing this contract. The out-of-pocket costs to be paid shall include, but not be limited to, attomeys' fees, engineering fees, and other technicai or professional assistance, including the work of the CITY staff and employees. The $2,500.00 shall be credited to the fina( costs that are assessed to the project. X. MISCELLANEOUS. 15 10.1 Notices. All notices, ceRificates or other communications required to be given to the CIT'Y and DEVELOPER hereunder shai be sufficiently given and shall be deemed given when delivered, or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: If ta tk�e CI'I`Y: City of Cottage Grove I7irector af Community Development �516 - SOth Street South Cottage Grove, MN 55016 If to the DEVELOPER: Secure Properties, Inc. Attn: Mike J. Rygh 7678 - 72 Street Court South Cottage Grove MN, 55016 The CITY and the DEVELOPER, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications will be sent. 10.2 No Third Party Beneficiary. This Ageement and any Snancial guazantees required pursuant to its terms aze not intended for the benefit of any third party. 10.3 Arnendments. Changes and Modifications. This Ageement may be amended or any of its terrns modiSed only by written amendment authorized and executed by the CIT'Y and the DEVELOPER. 10.4 Applicable Law. Tltis Agreement shall be govemed by and construed in accordance with the laws of the State of Minnesota. 10.5 Sa�ccessors and Assiens. This Agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 16 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. SECURE PROPERTIES, INC. a Ivfinnesota Corporation CTTY OF COTTAGE GROVE By: Mike ]. Rygh Its : President � 7ohn D. Denzer Its: Mayor Attest: By Cazon M. Stransky Its: City Clerk 17 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On the _ day of ACKNOWLEDGMENT BY CTTY 1998, before me a notary public within and for said Coumy, personally appeared John D. Denzer and Cazon M. Stransky to me personally known, each by me duly sworn, each did say that they aze respectively the Mayor and Clerk of the City of Cottage Grove, a municipality named in the foregoing instniment and that the seal afiixed to said inctrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) COUNTY OF On this _ day of 1998, before me, a notary pubic within and for said County, personatly appeared Mike J. Rygh to me personally known, by me duly sworn, did say that he is respectively the President of Secure Propenies, Inc, a T�nnesota corporation and he did acknowiedge and execute the foregoing instrument to be his free act and deed on behalf of said Corporation. Notary Public THIS INSTRUMENT DRAFTED BY: Community Development Department City of Cottage Grove 7516 — 80�' Street South Cottage Grove, MN 55016 ) ss DEVELOPER ACKNOWLEDGMENT ) fE3 EXHIBIT A (Legal Description) HIDDEN VALLEY 7TH ADDTTION The Southwest Quarter of the Northeast Quarter in Section 8, Township 27 North, Range 21 West, except that part described as follows: Commencing at the Southeast comer of the Southwest Quarter of the Northeast Quarter of Section 8; thence on an assumed bearing ofNorth 0 degrees 28 minutes 26 seconds West along the east line of said Southwest Quarter of the Northeast Quarter 103'1.74 feet to the point of beginning of the land to be described; thence South 89 degrees 32 minutes 24 seconds West 25.40 feet; thence North 0 degrees 14 minutes 42 seconds West to the north line of the Southwest Quarter of the Northeast Quarter; thence easterly along said north line to the east line of said Southwest Quarter of the Northeast Quarter; thence southerly along said east line of the Southwest Quarter of the Northeast Quarter to the point of beginning. AND the Southeast Quarter of the Northwest Quarte�, in Section 8, Township 27 North, Range 21 West; EXCEPTING THEREFROM Tracts A, B, C, D of REGISTERED LAND SURVEY NO. 50; AND EXCEPTING that part platted as HIDDEN VALLEY ADDITION; AND EXCEPT that part p(atted as HIDDEN VALLEY SECOND ADDITION; AND the Northeast quarter of the Northwest quarter, Section 8, Township 27, Range 21; and the Northwest quarter of the Northeast Quarter, Section 8, Township 27, Range 21, except the East 513.89 feet of the North 463.00 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 2'7, Ran�e 21, and except parce125, Washington County Right of Way Plat 31; and except that part of the Northwest Quarter of the Northeast Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, which lies east of a line described as beginning at a point on the south line of said Northwest Quarter of the Northeast Quarter distant 24.27 feet west from the southeast corner thereof; thence northerly to a point in the north line of said Northwest Quarter of the Northeast Quarter distant 19 feet west from the northeast corner thereof and there ternunating and except the East 55.00 feet of the South 40.00 feet of the North 1222:00 feet of the West Half of the Northeast QuaRer of Section 8, Township 2'i, Range 21. EXCEPT that part platted as HIDDEN VALLEY 3RD ADDITION. EXCEPT that part platted as I-IIDDEN VALLEY 4TH ADDITION. EXCEPT that part platted as HIDDEN VALLEY STH ADDITION. EXCEPT that part platted as HIDDEN VALLEY 6TH ADDITION. � . � .� . . .. :In► : � �► • (Petition Items) PETTI'IONED iMPROVEMENTS FOR HIDDEN VALLEY 7TH Sanitary Sewer Water Main Storm Sewer House Services Street Improvements Street Light Improvements City Provided Poles & Luminaires Street Lighting Operation and maintenance Sealcoating Sidewalks Hardwood Avenue Improvement Sanitary Sewer Area Charge (37 lots) Watenvorks Area Charge (371ots) Storm water Facilities azea charge (371ots and credit) Total petitioned Items for Hidden Valiey 7th (Escrow Items) ESCROW ITEMS FOR HIDDEN VALLEY 7TH Offsite Improvements (boulevard trees, boulevard sod, yard sod, street signs and swale sod)(150% of estimate) Erosion Control (150% of estimate) Street Sweeping (150 °fo of estimate) Sidewalk Repair (25% of estimate) Crrading Compliance and Lot Pin Corner Certificate Total Escrow Items for Hiddeu Valley 7th Estimates $111,534.00 $90,288.00 $74,775.00 $30,535.00 $225,129.00 $26,310.00 $9,600.00 $3,443.00 $5,428.00 $29,400.00 $39,000.00 $32,086.40 $60,011.78 $71,010.77 $808,550.95 $66,802.50 $30,735.00 $1,950.00 $7,350.00 $37,000.00 $143,837.50