4.8B. SR 10-06-2014 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 4.8 B
Agenda Section Meeting Date Prepared by
Consent October 6, 2014 Zack Carlton,Planner I
Item Description Reviewed by
Kliever Lake Fields 5th Addition Model Home Jeremy Barnhart,Deputy Director, CODD
Agreement Reviewed by
Action Requested
Approve,by motion,the agreement permitting model homes on Kliever Lake Fields 5"'Addition.
Background/Discussion
The developer of the Kleever Lake Fields 5"'Addition desires to construct up to five (5) model homes
prior to completion of the utility work. The abandonment of 14 city water service connections is planned
to be completed during the fall of 2014. All streets are installed and all homes have access to a public
street and city water and sewer.
Historically, the city has allowed for model home construction through a clause in the development
agreement. Because there is no development agreement for this project,a separate agreement is
proposed. This was most recently completed for the Kliever Lake Fields 4"' addition. The attached
agreement follows the established protocol.
Financial Impact
None
Attachments
■ Model Home Agreement
P a w E A E U s r
NaA f RE]
Model Home Agreement for Kliever Lake Fields 5" Addition
This Model Home Agreement ("Agreement") is entered into this day of October,
2014, by and between the City of Elk River ("City") and
("Developer's.
Developer has obtained approval from the City for development of Kliever Lake Fields 5"'
Addition ("Project"). Approval of the Project is subject to certain conditions,including a
requirement that certain utility connections be made and completed as required by City staff.
Although the required connections have not been completed as required, the City has determined to
permit the construction of up to five (5) model homes for the Project prior to completion of the
connections, subject to the following conditions:
1. That the Developer maintain suitable emergency vehicle access to the model home
lots at all times. The City,in its sole discretion,may require any or all gravel to be
removed and replaced prior to paving.
2. City will not issue a certificate of occupancy (said certificate will allow the structure
to be transferred to a new owner for the purpose of permanent occupancy) for any
building constructed on any lot or parcel in the Project until all Improvements (first
lift of paving only) including the required utility abandonments are completed,
approved by the City Engineer and accepted by the City. Temporary certificates of
occupancy will be issued for sites with model home permits. However, such
certificates will not allow the structure to be transferred to a new owner for the
purpose of occupancy.
3. If the Developer fails to comply with any of the provisions of this Agreement,the
City may refuse to issue a building permit or certificate of occupancy for any lot or
parcel in the Project. Developer agrees to advise purchasers of any lot or parcel
within the Project of the existence of this Agreement and the obligations and
restrictions created herein prior to the completion of the sale. Further,Developer
agrees to save and hold City harmless from any and all claims or actions arising from
the right to withhold the issuance of such permits and certificates and from other
provisions hereof.
IN WITNESS WHEREOF,the City and the Developer have caused this Agreement to be
duly executed on the day and year first above written.
CITY OF ELK RIVER
By:
John J. Dietz
Its: Mayor
By:
Tina Allard
Its: City Clerk
DEVELOPER:
By:
Timothy J. Pomerleau
Its: President
STATE OF MINNESOTA )
ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
, by John J. Dietz and Tina Allard, the Mayor and City Clerk,
respectively, for the City of Elk River,Minnesota.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
by
Notary Public
This instrument was drafted by:
The City of Elk River
13065 Orono Parkway
Elk River,MN 55330
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