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HomeMy WebLinkAbout1998-08-19 PACKET 08.C.�2EQUEST OF CITY COUhtCIL ACTIORI COUNC6L AGEfJDA MEETING ITEM # DATE 8l19/98 8 . G . PREPAR�D BY: Community Development Kim Lindquist ORBGINATiPlG DEPARTt�EPlT STAFF AUTHOR .��ffi.�«�..e..�.��R�..-0�.��.�d.ad�.w.�k.d.�«a.��. COUNCIL ACTIORI REQUEST: Approve the Subdivision Agreement for Pine Fores4 4th Addition with 11.S. Home — Thompson Land Division : � _ � � : � i • • ADVISORY COMMISSION ACTION ■ '' ' ' ■' ; . ■ •' � -.- . � . � ■ ' ' ■ s • s . •-. ■ ..�. �• �� REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ N/A ACTUALAMOUNT APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ►1 • • . . . .. .. -. ; •; ■' • , • ■ •-� ■ ` w. + ■ r *• � : ►� • ` .. . �. -_ _ RDPdIINISTR/�LTORS COM�AEPITS - --7 �ity Administr2Yor DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ C ,"� C�ate «�a��a«���.�������s����Ap¢mk.�*�$�.���������,.�� �ou�aL �c�rec�� ��,���: ❑ ��P�c�v�� ❑ ���iE� ❑ c�T�E� P�\GRGUPSIF'L,4Ni�ING\1998\CI7YCOUN\P�4th Subd Agree cover-aug79.d� MEMORANDUM T0: Honorable Mayor & City Council Members Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: August 14, 1998 SUBJECT: Pine Forest 4th Addition — Project Approval � • � The final plat for the first phase of development of Pine Forest 4"' Addition was approved by the City Council on August 5, 1998. This residentiai project consists of 24 lots for unattached single-family homes. The City's consulting engineer has prepared the preliminary cost estimates for the public improvements. This information was used in preparing a subdivision agreement for Councii's approval. Because the developer had previously deposited money with the City so plans and specifications could be prepared earlier, it is requested that the Council also adopt the resolution approving the plans and specifications for the pubiic improvements and setting a bid date of September 10, 1998. DISCUSSION Subdivision Agreement The developer has petitioned the City for the construction of all public improvements. The provisions contained in the agreement are consistent with the City's development requirements and standards. i' ' � � • Approve the subdivision agreement with ORin Thompson Homes. [Reserved for recording dataJ I� •' 1 ' 1 •' '1 •' •�• • This Ageement is made and entered into on the day of , 1998, by and between Thompson Land Division of U. S. Home Cocporatioq hereinafter referced to as "DEVELOPER", and the City of Cottage Grove, a municipat corporation, situated in the County of Washington, State of M'innesota, hereinafter referred to as the "CITY". WHEREAS, the DEVELOPER is the owner and developer of a subdivision known as Pine Forest 4th Addition consisting of twenty-four (24) lots situated in the City of Cottage Grove, County of Washington, State of Mw�esota, and described in E�chibit "A", which is attached hereto and made a part hereof by reference, and WIIEREAS, Chapter 23 of the City Code of the City of Cottage Grove, requires DEVEL.OPER to make certain improvements in the subdivision, and the parties hereto aze des'vous of entering into an agreement with respect to such improvements, a list of which improvements is set forth, together with the estimated cost thereo� in Exhibit "B" attached hereto and made a part hereof by reference, hereinafter referred to as the "Improvements". 1 NOW, TF�REFORE, TT IS HEREBY AGREED BY AND BETWEEN TE� PARTIES AS FOLLOWS: I. DEFINI7TONS. l.l Terms. The fo(lowing tetms shall have the meanings as set forth below. 12 C�. "City" means the City of Cottage Grove, a M'innesota municipal corporation. 13 Develoner. "Developer" means Thompson Land Division of U. S. Home Corporation. II. DEVELOPER WARRANTIES. 21 Warranty of Title. The DEVELOPER represents and warrants that it owns fee title to the properiy which is the subject of this subdivisioq free and clear of any mortgages, Gens, and other encumbrances. 2.2 Cleaz Tide to the CITl'. Prior to the dedication, transfer, or conveyance of any real property or interest therein to the CI'T1', the DEVELOPER shai deliver to the CITY evidence in the form of a title opinion or a title insurance policy evidencing good title in the DEVELOPER The condition of the title of any real properiy or interest therein to be dedicated, transferced or wnveyed to the CTI'Y as provided for herein shall vest good and mazketable title in the CITY, free and clear of any mortgages, liens, encumbrances, taxes or assessments. III. PLAT APPROVAL. 31 Plat NamelRecordin o� fPlat. Subject to the terms and conditions ofthis Development Agreement, the recitals above, and all other applicable ordinances of the City of Cottage Grove, inclading the zoning and subdivision ordinances, the preliminary and final plat resolutions, and the CITY's Development Poicy the CITY hereby approves the recording of the plat known as "Pine Forest 4th Addition". DEVEL.OPER shall record the plat prior to the CITY awazding bids for the Improvements which are listed as"Petition Items" in E�chibit "B". In the event that the plat is not recorded prior to the awazd of the bids, the CIfiY shall delay the award of the bid until the 2 DEVELOPER records the plat, or untii the DEVELOPER uansfers to the CITY the right-of-way and easements where the Improvements aze to be installed. 3.2 Fasements. DEVEI.OPER shai grant all easements required by the CTTY on the Snal plat or DEVELOPER shall provide the easements in otherwise recordable forn�, without cost to the [�M� 1 I' ' � I 4.1 CITY Improvements. The DEVEL,OPER has petitioned the CITY to constroct and install Improvements listed as "Petition Items" in Exhibit "B". The CIT'I' shall construct the Improvements in accordance with its regulaz methods of making public improvements. The estimated costs in E�ibit "B" "Petition Items" include engineering, legai, administrative and Snance and bonding costs. The CTI'Y shai assess the costs for ihe Improvements, including engineering legal, administrative and finance, and bonding costs against the lots located within the subdivision in accordance with Mmnesota Statutes, Chapter 429 and Chapter 444. 4.1.1 The amount of the assessment shall be computed by taking the total costs of the Improvements, including engineering, legal, administrative and finance and bonding costs less any deposits or payments made by the DEVELOPER, according to the terms ofthis Agreement. 4.1.2 The Improvements assessed pursuant to M'umesota Statutes, Chapter 429 and Chapter 444 shall be assessed with a payback over a period of three (3) years. 4.2 Waiver a) The DEVELOPER hereby waives the requirement of hearings and notice of any hearings necessary for installation of said Improvements, or Improvements installed at the request of the DEVELOPER as provided herein; the DEVELOPER further waives objection to any and all defects in 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. 3 b) DEVELOPER further waives any objection to the assessments for said Improvements levied by the CITY pursuant to Mimiesota Statutes, Chapter 429 and Chapter 444, speciEcatly inciuding the right to appeal the levy of assessments for the Improvements to Dastrict Court, and fiuther including change orders necessazy for the completion of the Improvements, if such objection is not made in writing and delivered to CITI' between the time of the opening of the bids for the installation of said Improvements and prior to the CITY Council approval or awazd thereo� or within thirty (30) days of the opening of the bids, whichever shall occur Srst. If the DEVELOPER's objection is received, the CITY Council shall have the option of reletting the bids, continuing with the Improvements or deleting the Improvements from the contract. 43 Street Li ting. The DEVELOPER agrees to provide a pubGc street lighting system planned in accordance with the applicable CTTY ordinance, pursuant to the "Petition Items". The street light utility cost which amounts to $30.28 per tot per year for a three-year period shall be assessed equally to the twenty-four (24} lots in the subdivision. The total amount is $2, I80.16 and equates to $90.84 per lot. 4.4 Street Sealcoatin�. The DEVELOPER agrees to pay the cost of the first sealcoating application of all public streets in the subdivision. The cost of sealcoating is based on the rate of $0.65 per squaze yazd multipied by the total square yazds of roadway. The sealcoating cost, which amounts to a total of $3,842.00 shai be assessed equally to the twenty-four lots in the subdivision. V. DEVELOPER IMPROVEMENTS. 5.1 CTTY Conformance. All work and improvements required by this Ageement to be performed by the DEVELOPER shall be built and constructed by the DEVELOPER in accordance with the plans and specifications approved by the CTTY and the CITY Council, and all ordinances and preliminary and final plat resolutions of the CI'TY or any amendments thereto and CITY Development Policy. � 52 Grading. and Draina e@ Pians. The DEVELOPER shall provide the CTTY with gading and drainage plans to be approved by the CTTI'. 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, caich basins, erosion control structures and pending azeas to wnform with the overai CITY storm sewer plan, and said pians shall be approved by the CTI'Y. Except for individual house sites, property with slopes ofSfteen percent (15%) or geater shall not be rough graded. The plan shai 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 compieted in conformance with the approved grading and drainage plan. Crrading shall be coordinated with the CTTY to coincide with the schedule for the installation of CIT'I' Improvements. The DEVELOPER shall constnict drainage facilities adequate to serve the subdivision in accordance with the approved plans. The DEVELOPER agrees to grant to the CITY, without cost to CTTY, 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 CertiScate of Compliance by a surveyor shall be submitted reflecting conformance with the approved grading plan, and that the lot pin comers are instaied. 5.3 Public Streets. The DEVELOPER shai gade, in accordance with the gading p(an provided to and approved by the CITY, all pubiic 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 CTI'I"s contract for the Improvements. If the DEVELOPER does not perform the work required by this pazagraph, the CITY shall complete all work required of the DEVELOPER under the CITY contract. The DEVELOPER shall be financially responsible for 5 payments for tkus extra work, which shall be assessed as provided above. The CITY shai have the right to demand an increased financial guarantee in accordance with paragaph 8.1 hereo� if applicable. 5.4 Public Street Maintenance. DEVEI,OPER shall be responsible for all maintenance, upkeep and repair (including snow plowing and grading) of ai public streets contained within the subdivision until said streets aze compieted and accepted by the CITY, and DEVELOPER hereby agrees to indemirify and hold the CtfY hazmless from any and all claims for damages of any nature whatsoever arising out of the establishment of this plat and the streets within the plat until those streets have been accepted by the CITY. 5.5 Street Siens. The DEVELOPER shali be financially responsible for the of street identification signs. Sueet signs shall be in conformance with the names as indicated on the CITY street-naming system. The actual number and location of signs will be detennined and installed by the C�M�1'� 5.6 Restoration. The DEVELOPER 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 DEVEI,OPER or its agents, successors or assigns. The DEVELOPER shall restore any gravel base for the street Improvements if said gravef base is contaminated by mixing construction or excauation debris or earth in the gravel base and repair any damage to bituminous surfacing and/or concrete curbing of the street Improvements resulting from the authorized or unauthorized use of construction equipment. Completion of the work described in this pazagraph 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 paragraph. 5.7 Erosion Control. Prior to the commencement of grading, the DEVELOPER shall obtain and pay £or a General Storm Water Pemvt for Construction Activity from the Minnesota Pollution Control Agency and a grading pernvt from the City of Cottage Grove. The DEVELOPER, � its contractors and subcontractors, must perform all grading in accordance with the said Pernvts. Erosion conuol shall comply with the terms of the Pernuts, and the �esota Pollution Control Agency and Environmental Protection Agency Guidelines for erosion and sediment controt plans. After the site is rough gaded, the DEVELOPER shall provide for erosion control, and provide necessary erosion control devices thal aze reasonably required by the CITI', The parties recognize that time is of the essence in controlling erosion. ff the DEVELOPER does not provide erosion control, the CiTY may, without notice, take such action as it deems appropriate to control erosion. The CITY may, without notice, draw upon any posted financial guarantee to pay costs incurred by the GITY in controlling erosion within the subdivisioq or, at the CITY's option, assess the additionat costs incurred as part of the Improvements, which additional costs shall be assessed as provided above. 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 deternuned by the CTTI' in the enfve subdivision. Corner lots shall be sodded to the side yazd setback. 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 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 shall be completed by the DEVELOPER by the i5th day of September. Notwithstanding anything to the contrary in pazagaph 5.8, it is agreed that, in lieu of the DEVELOPER installing sod on the lot, the DEVELOPER may provide to the lot owners certificates which entitle the lot owners to have the sod delivered to the properiy at the owner's request for installation by the lot owner. 5.9 Lot Trees. DEVELOPER agrees to pay the CITY to install one (1) 1 3/4" caliper boulevazd tree per lot, eaccept for wrner lots which shall have one boulevazd uee on each street side of the properiy, in accordance with CTl'1"s ordinance speci&cations. For a lot where the Certificate of 7 Occupancy is issued between August 1 and May 1 of the following year, completion of the work described in this paragaph shall be completed by the City by the 15th of June; for a lot where the Certificate of Occupancy is issued between May 1 and 7uly 31, completion of the work described in this pazagraph shall be completed by the City by the 15th day of September. 5.10 Drivewav Aprons. The DEVELOPER shall pay for and construct hazd-surface driveway surfaces from the street curb to the front of the garage or front yazd setback ine for each lot in accordance with the CITY approved standards and ordinance requirements. 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 pazagraph shall be completed by the DEVELOPER by the 15th of 7une; for a lot where the Certificate of Occupancy is issued between May 1 and 7uly 31, completion of the work described in this pazagraph shall be completed by DEVELOPER by the 15th day of September. 5.11 Prohibition on Transfer of Responsibilitv. The DEVELOPER shall not transfer or assign its responsibility to perform the requirements of paragraphs 5.6, 5.7, 5.9 and 510 to any lot purchaser or builder of home 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 install sod in accordance with paragraph 5.8, provided thaY the DEVELOPER shall remain liable for the performance thereof. VI. PARK DEDICATION. 6.1 Pazk Dedication. The DEVELOPER shal( pay to the CTTY a pazk fee in lieu of land dedication the sum of Twenty-four Thousand and 00/100 Dollazs ($24,000.00). Payment shall be made to the CITY upon execution of this agreement. VII. OTT-�R REQti2REMENTS. 7.1 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 � p(ace. Furthermore, the DEVELOPER shall maintain reasonabie access to any occupied house or houses within said addition, including necessacy screet maintenance such as grading and graveling and snow removal prior to pernianent street surfacing and acceptance of said streets by the CTI'I'. 7.2 Other A encies. It is further agreed by the CTI'Y that if the DEVELOPER requires any evidence of this Agreement for the purpose of escrow requirements of the Federal Housing Administration, Veteraz�s Administration, or any other United States Govemmental Agency, the CIT'I' will furnish all required guazantees to the effect that the listed improvements wii be or have been made, and that the particular ]ot will not be assessed therefore, or if assessed, that all assessments have 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 apply to sewer availability chazges imposed by the Metropolitan Waste Control Commission, and the CITY will not be required to furnish any guarantees with respect thereto. 7.3 Weed/Grass Maintenance. DEVEI,OPER shall not allow or perntit within the subdivision any weeds, grass, brush or other rank vegetation to a height greater than 8", or permit any acc�mutation of dead weeds, grass or brush. In the event the DEVELOPER £ails to comply with this provision, the Director of Public Works 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 shall be paid by the DEVELOPER, or assessed against the Property. tl 1 � ' • 1' 1 8.1 Financial Guarantee Requirements. The DEVFLOPER shall provide to the CTfY cash and/or a non-e�cpiring or automatically renewable irrevocable Letter(s) of Credit in a total amount of Tlvee Hundred Fifteen Thousand Three Hundred Twenty Four and 76/100chs Dollars ($315,324.76} to assure the completion and payment of the following items: 0 Petition Items (40% of estimate) Street Grading (150% of estimate) Offsite improvements (boulevazd trees, yard sod, street signs and swale sod)(150% of estimate) Erosion Control (150% of estimate) Street Swceping (150% of estimate) Grading Compliance and Lot Pin Comer Certificate TOTAL $159,722.26 $ 9,135.00 $ 51,037.50 $ 70,942.50 $ 487.50 $ 24,000.00 $315,324.76 The Snancial guarantees shall provide a guarantee of the payment of the "Petition Items" and completion of "Escrow Items" set forth in E�chibit "B". The letter of credit must provide that lt wii be automatically extended at its exp'vation date on an annual basis unless sixty (60) days prior to the expiration date the Director of Community Development is notiSed by certified mail that said letter of credit will not be eatended and therefore will expire. The inevocable Letter(s) of Gedit shall be subject to the approval of the CITY Attorney, prior to acceptance by the CITY. It is mutually acknowledged that the protection/cleaning enisting utilities, erosion control, street sweeping, street signs, landscaping and private infrastructure constitute One Hundred Fifty percent (150%) of the estimated costs, "Petition Items" aze Forty percent (40%) of the estimated costs, and the grading compGance and lot pin corner certificate constitute One Hundred percent (100%) of the estimated costs. Except as provided in puagraph 5.7, the CTTY may draw upon the L,etter(s) of Credit with ten (10) business day's notice to the DEVELOPER, if any one or more of the following conditions e�cist: a) Nonpayment of the special assessments or installments thereof. 10 b) The DEVEI,OPER fails to pay CITY 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 p�ovide appropriate erosion control pursuant to paragraph 8.2. e) Notwithstanding the time requiremenu contained in this Agreement for compietion of any improvement by the DEVELOPER, if any of the required "Escrow Items" are not completed at least Thirty (30) days prior to the expiration of the Letter(s) of Credit, the CITY is authorized to draw upon the remaining balance of the Letter(s) of Credit. After assessments for the public improvements have been paid in fu(1 on Sixty percent (60%) of the lots within the subdivision, the irrevocable Letter(s} of Credit for the "Petition Items" may be reduced as assessments, or instatlments thereo� are paid on the remaining lots. The reduction shall be made two times a year on February IS and September 15 upon the request of the DEVELOPER Wth approva] of the CITY, a I,etter(s) of Credit (except for amounts posted to guarantee payment of assessments) may be reduced from time to time as work required by this Ageement is completed, or CITY invoices aze paid for work required to be done by the CITY, provided that the Letter(s) of Credit shall not be reduced in an amount less than Ten percent (10%) of the financiat guazantees for offsite improvements and erosion control. The irrevocable L,etter(s) of Credit shall be reduced upon certiScation by the CTTY that the items haue been satisfactorily completed and CITY invoices are paid. 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 CI'TY is hereby ll granted the right to declare the entire sum set forth in this Agreement due and payable in fui, with all real estate ta�ces due and payabie in the year following the breach of any provision of this Agreement, and the CTTY may immediately bring legal action against the DEVELOPER to collect the sums covered by this Agreement and/or draw upon the Snancial guazantees posted in conformance with pazagraph 8.1. The DEVELOPER shall be responsible for the payment of the sum set forth in this Agreement, including any special assessments levied. 9.2 Terms of Breach. Breach of any term of this Agreement by the DEVELOPER or failure to comply with the CTfY ordinances, resolutions or the CITY Development Policy shall be gounds for denial of building or occupancy pernvts for buildings within the subdivision until such breach is corrected by the DEVELOPER 9.3 Validi . If any portion, section, subsection, sentence, clause, pazagaph or phrase of this Ageement is for any reason held to be invalid, such decision shall not affect the validity of remaining portions of the Agreement. 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 Attorne, s Fees. DEVELOPER agrees to pay Yhe CTTY its reasonably necessary attomey's fees and costs, in the event that any suit or action is commenced to enforce the tecros 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. 9.6 Indemnification. The DEVELOPER agrees to indemnify and hold the CTTY harmless against any and all liability, loss, damages, costs and expenses, induding reasonable attorney's fees, which the CITY 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 12 subcontractors, which is incurred in connection with or is of any naTure whatsoever arising out of the estabGshment of the plat, or the nutallaUon of the Improvements or work which the DEVELOPER is required to perform under the terms of this Agreement. 9.7 Payment of City Costs. The DEVEL,OPER has deposited with the CITY the amount of $16,000.00, to be used by the CTTY 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 technical or professional assistance, including the work of the CITY staff and employees. The $16,000.00 shai be credited to the final costs that aze assessed to the project. X. MISCELLANEOUS. 10.1 Notices. All notices, certiScates or other communications requued to be given to the CTTY and DEVELOPER hereunder shall be sufficiently given and shal] be deemed given when delivered, or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: Ifto the CITY: City ofCottage Grove Director of Community Development 7516 - 80th Street South Cottage Grove, MN 55016 If to the DEVELOPER: Orrin Thompson Homes Division of U.S. Home Corporation 8421 Wayzata Boulevard, Suite 300 Golden Valley, MN 55426 The CTfI' and the DEVELOPER, by notice given hereunder, may designate different addresses to which subsequent notice, certiScate, or other communications will be sent. 10.2 No Third Part,y Beneficiary. This Agreement and any Snancial guazantees required pursuant to its terms aze not intended for the beneSt of any third party. 103 Amendments. Chanees and Modifications. This Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the CIT'I' and the 13 DEVELOPER 10.4 Applicable I,aw. This Agreement shall be govemed by and construed in accordance with the laws of the State of Minnesota. 10.5 Successors and Assiens. This Agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. IN WITNESS WI-IEREOF, the parties have hereunto set their hands and seais the day and year first written above. THOMPSON LAND DIVISION OF U.S. HOME CORPORATION CI1'1' OF COTTAGE GROVE By Its By Its By Its: John D. Denzer. Mavor Attest: By Its: Cazon M. Stransky, City Clerk 14 STATE OF D�SINNESOTA COUNTY OF WASHINGTON ) )� ) ACKNOWLEDGMENT BY CITY On the _ day of 1998, before me a notary public within and for said County, personally appeared John D. Denzer and Caron M. Stransky to me personally known, each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Cottage Grove, a municipality named in the foregoing instrument and that the seal affi�ced to said instrument was signed and sealed on behaif 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 MINNLSOTA COUNTY OF �� ) ) ss DEVELOPER ACKNOWLEDGMENT On the _ day of , 1998, before me a notary pub(ic within and for said County, personally appeared and to me personaiy known, each by me duly swom, each did say that they aze respectively the and of Thompson Land Division of U. S. Home Corporation, a corporation named herein, and each did execute the foregoing instrument as their free act and deed on behalf of the corporation. Notazy Public THIS INSTRUMENT DRAFTED BY: Community Development Department City of Cottage Grove 7516 — 80"' Street South Cottage Grove, MN 55016 15 EXHIBI'I' A (I.egal Description) PINE FOREST 4th ADDTTION The Southeast Quarter of the Southeast Quarter of Section 10, Township 27, Range 21, except the south 60 feet thereo� Cottage Grove, Washington County, lvfinnesota. �:l:ii:�Ilr.3 PINE FOREST 4t6 ADDTITON ESCROW ITEMS Street Grading Off-site improvements (boulevazd trees, yard sod, street signs and swale sod} Erosion Control Street Sweeping Grading Compliance and Corner Lot Pin Certificate TOTAL PETITION ITEMS Sanitary Sewer Water Main House Services Storm Sewer Street Improvements Street Sealcoating Street Light Improvements Street Light Utility Charge Sealcoating Waterworks Area Charge Storm Sewer Area Charge Sanitary Sewer Area Charge $ 6,090.00 $ 34,025.00 $ 47,295.00 $ 325.00 $ 24,000.00 $ 111,735.00 $ 67,622.00 $ 55,426.00 $ 25,655.00 $ 4'7,952.00 $ 136,470.00 $ 3,842.00 $ 19,218.00 $ 2,180.00 $ 3,842.00 $ 12,989.00 $ 16,718.50 $ 7,391.16 TOTAL $ 399,305.66