8.1. SR 04-15-2019 Eclty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 8.1
Agenda Section Meeting Date Prepared by
General Business April 15, 2019 Zack Carlton,Planning Manager
Bob Ru recht,Building Official
Item Description Reviewed by
Certificate of Occupancy: Hillside Estates Eleventh Cal Portner, City Administrator
Addition Reviewed by
Action Requested
Receive information from staff and the developer, then choose to issue the Certificate of Occupancy or
follow the approved development agreement for Hillside Estates Eleventh Addition.
Background/Discussion
The City Council approved a Development Agreement (DA) for Hillside Estates Eleventh on October 2,
2017. The city and developer signed the DA and it was recorded at on May 31, 2018. Section 17 of the
DA outlines the process for issuance of building and occupancy permits, and section 18 describes the
issuance of model home permits.
17 Issuance of Building and Occupancy Permits.
(01) Building Permits. The City will not issue any building permit (a permit issued for
construction of a structure to be sold and occupied by a new owner) for any lot or parcel in
the Subdivision until all small and large utilities are installed, streets are paved with the first
lift of pavement and vegetation is full established. 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
Subdivision until all Improvements (except final lift of paving) are completed, approved by
the City Engineer and accepted by the City. Temporary certificates of occupancy may be
issued for sites with model permits; however, such certificates will not allow the structure to
be transferred to a new owner for the purpose of occupancy.
(02) Notice to Homebuyers. If the Developer fails to comply with any of provisions of
this Agreement, the City may refuse to issue a building permit or certificate of occupancy for
any lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or
parcel within the Subdivision of the existence of this contract 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.
The Elk River Vision
A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional P,`01 W E H E 8 6 T
service, and community engagement that encourages and inspires prosperity INAWRE1
18. Model Homes.
(01) The Ci may issue building permits for the construction of up to two model homes on
lots approved by the Building Official prior to completion of the public and private
infrastructure,provided that access to the site for emergency vehicles is maintained at all
times. 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 Subdivision until all Improvements (except final lift
of paving) are completed, approved by the City Engineer and accepted by the Citi
Temporary certificates of occupancy may be issued for sites;however, such certificates will
not allow the structure to be transferred to a new owner for the purpose of occupancy.
The City Council discussed these sections on November 21, 2016, at the request of the developer of
Miske Meadows. The concerns at that time were related to the issuance of building permits and
certificates of occupancy (CO) prior to installation of small utilities (gas and electric). Staff's concerns at
the time were that a situation may arise where the home was complete except for the small utilities, and
the homeowner or builder would request a CO while on temporary power and/or heat. Homes are not
complete while on temporary power and heat and need additional work to disconnect electric and
propane appliances used on a temporary basis and replaced with the natural gas ones for permanent use.
The Council's solution was to increase the number of model homes for a subdivision, and allow builders
to begin construction sooner with a model home permit which does not allow transfer of ownership or a
CO until all utilities are installed. Staff noted their concern with the change as it may become a tool to
allow premature sales of individual homes rather than construction of a home for use as a model.
On August 15, 2018, a building permit for a model home was approved for Lot 2, Block 2, Hillside
Estates Eleventh Addition (19583 Baldwin St NW). The home is now complete and the builder and
developer have requested a CO. However, the small utilities (gas and electric) have not been installed, and
the home is using temporary overhead power and propane heat. The public improvements have also not
been approved by the City Engineer as Baldwin Street currently has temporary pavement that will need to
be reclaimed, the road base regraded, and new pavement installed.
Staff has told the builder and developer that the DA, approved by City Council and signed by the
developer, does not allow the Building Official to issue a CO until the small utilities have been installed.
The developer is requesting the City Council approve an exception,which staff does not support.
Financial Impact
None
Attachments
■ Hillside Estates Eleventh Development Agreement
■ Memo from the Building Official
■ Staff Report to the City Council dated November 21, 2016
■ City Council Minutes dated November 21, 2016
N:APublic Bodies\Agenda Packets\04-15-2019\Final\Laserfiche\8.1 sr Hillside 11 CO.docx
Office of the County Recorder
Sherburne County, MN
Doc. No. 856799
Certified, filed, and or recorded on
May 01, 2018 12:00 PM
Michelle Ashe, County Recorder
By SD Deputy
Fees: $48.00
III IIIIIIIIIIIIIIIIIIIIIIIII
856799
Development Agreement
Hillside Estates Eleventh Addition
Final Plat approved by the Elk River City Council
October 2, 2017
Development Agreement
October 2, 2017
Table of Contents
1.
Warranty of Developer.......................................................................................................................................
l
2.
Phased Development..........................................................................................................................................1
Cost Estimate Form
3.
Right to Proceed..................................................................................................................................................
2
4.
Development Plans..............................................................................................................................................
2
5.
Improvements...................................................................................................-.................................................
2
6.
Additional Regulatory Approvals......................................................................................................................
3
7.
Installation of Improvements............................................................................................................................
4
8.
City Installed Improvements..............................................................................................................................
5
9.
Security for Developer's Performanc...............................................................................................................
6
10.
Responsibility for Costst.....................................................................................................................................
7
11.
General Provisions Binding Effect...................................................................................................................
8
12.
Park Dedication....................................................................................................................................................
9
13.
Development Plan ...............................................................................................................................................
9
14.
Landscaping..........................................................................................................................................................9
15.
Surface and Groundwater Management...........................................................................................................
9
16.
Default.................................................................................................................................................................11
17.
Issuance of Building and Occupance Permits...............................................................................................11
18.
Model Homes.....................................................................................................................................................12
19.
Miscellaneous......................................................................................................................................................12
20.
Notices.................................................................................................................................................................13
EXHIBIT A
Resolution No. 17-58
EXHIBIT B
Legal Description
EXHIBIT D
Cost Estimate Form
EXHIBIT E
Development Plan Checklist
EXHIBIT F
Purposely Left Blank
EXHIBIT G
Consent of Mortgagee
EXHIBIT H
Summary of Payments Due
DEVELOPMENT AGREEMENT
FOR
Hillside Estates Eleventh Addition
THIS AGREEMENT (the Agreement), made and entered into this 2nd day of October, 2017, by and
between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of
Minnesota (the City), and Riverside Development Company of Princeton. (the Developer).
WITNESSETH:
WHEREAS, the Developer has made application to the City for approval of a final plat of land
within the City described on Exhibit A attached hereto (the Subdivision); and
WHEREAS, the City Council adopted Resolution No. 17-58 on October 2, 2017, (attached as
Exhibit A hereto) granting final plat approval to the Subdivision, subject to several conditions, including a
condition that Developer enter into an agreement with the City governing the provision of certain utilities,
services and facilities to the Subdivision and the transfer of certain land interests and payments to the City, so
as to fully comply with the Subdivision Ordinance;
NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions
hereinafter contained, it is hereby agreed as follows:
1. Warranty of Developer. Developer hereby warrants and represents to the City, as inducement to
the City's entering into this Agreement, that Developer is owner of certain real property legally described in
EXHIBIT B attached hereto consisting of 7.49 acres of unimproved land located in the City of Elk River,
Sherburne County, Minnesota. The Developer intends to improve and develop such property for single
family residential uses, to be known as Hillside Estates Eleventh Addition (the Development). A copy of the
final plat is attached as EXHIBIT C.
2. PhasedDevelot)ment.
(01) Future Phases. The Developer and the City anticipate additional phases of the
Development. Future phases of the Development, including the subdivision of the outlets, shall be
subject to separate Final Plat approval by the City of Elk River. This Agreement is for this phase
only. The City may refuse to approve final plats of subsequent phases if the Developer is in default
of this Agreement, or any prior developer agreement for prior phases of the Development, and the
default has not been remedied.
(02) Preltminary Plat Status. If the Development is a phase of a multi -phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final
platted into lots and blocks, not oudots, within two (2) years after preliminary plat approval. This
two-year period may be extended by the City.
(03) Park Dedication on Outlots. Park dedication requirements referred to in this Agreement are
not being imposed on outlots, if any, in the Development that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such dedication requirements will be
calculated and imposed when the outlots are final platted into lots and blocks.
(04) Changes in Official Controls. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the Development unless required by state
or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding
anything in this Agreement to the contrary, to the full extent permitted by state law, the City may
require compliance with any amendments to the City's Comprehensive Plan, official controls,
platting or dedication requirements enacted after the date of this Contract.
3. Right to Proceed. Within the Subdivision, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any
buildings until all the following conditions have been satisfied: (1) this Agreement has been fully executed by
both parties and filed with the City Clerk; (2) the necessary security has been received by the City; (3) the
necessary insurance for the Developer and its construction contractors has been received by the City; (4) the
final plat for the Subdivision has been filed with the office of the Sherburne County Recorder or Registrar of
Titles, and (5) all required permits are secured and a copy filed with the City Engineer.
4. Development Plans. The Subdivision shall be developed in accordance with the following plans
(The Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A, B and E the
Plans may be prepared, subject to the City Engineer's approval, after entering into this Agreement, but before
commencement of any work in the Development. The City Engineer may approve minor amendments to
Plan B without City Council approval. If the Plans vary from the written terns of this Contract, the written
terms shall control. The Plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan & SWPPP
Plan C - Plans and Specifications for Public Improvements
Plan D - Street Lighting Plan
Plan E - Landscape Plan
Plan F — Storm water Management Plan detailing long term ownership, maintenance
schedules and procedures for all stormwater facilities as required by the City's MS4 permit
Plan G — Development and tree preservation plan required by Section 13 hereto
5. Improvements. In accordance with the application materials submitted by Developer, the
preliminary and final plats of the Subdivision, the City Council Resolution attached as Exhibit A hereto, and
the applicable standards and ordinances of the City, the following described Improvements (the
Improvements) shall be constructed and installed on the terms and conditions hereinafter contained:
(01) Site grading to elevations shown in the approved grading and drainage plan and construction
of retaining walls (Site Grading);
(02) Streets, as required by the City, including grading, graveling and stabilizing, constructing and
vegetating of berths, swales and boulevards, planting trees on boulevards, permanent street surfacing
with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing
traffic control street signs as required the City Engineer and installing street lights as required by the
local utility (Street Improvements) ;
(03) Sidewalks, as required by the City (Sidewalk Improvements);
(04) Storm sewers, as required by the City, including all necessary pipes, manholes, catch basin,
ditches, inlets, retention areas and other appurtenances (Storm Sewer Improvements) ;
(05) Sanitary sewers and laterals, as required by the City, including all pipes, manholes, pumping
stations, building services and other appurtenances (Sanitary Sewer Improvements) ;
(06) Watermain and laterals, as required by the City and Elk River Municipal Utilities, including
all necessary pipes, hydrants, valves, building services and other appurtenances (Watermain
Improvements) ;
(07) Wetland mitigation measures as required by the U.S. Army Corps of Engineers, the
Department of Natural Resources and/or the Wetland Conservation Act (Weiland Mitigation);
(08) Landscaping, Trees and grass as required by City Ordinance and any additional landscape
Improvements required by the City (Landscape Improvements).
(09) Park and trails, as required by the City, including all park grading, removal of specified
vegetation, construction of trails, and installation of park and trail signs including Park boundary
markers (5 -foot steel posts) at all lot corners that border park property or City owned outlots (Park
and Trail Improvements).
(10) Temporary and permanent erosion and sediment control measures as required by the City's
MS4 permit and the MPCA National Pollutant Discharge Elimination System construction
stormwater permit (Stormwater Management Improvements).
(11) Survey Monuments. Durable iron survey monuments shall be set, pursuant to Minnesota
Statutes, Section 505.02, Subd. 1, within one (1) year after recording of the final plat of the
Subdivision. Developer shall provide in writing notice to the City a Surveyor's certification that all
monuments have been set.
(12) Mailboxes, in a style and location approved -by the City of Elk River, shall be provided prior
to occupancy of any unit.
6. Additional Regulatory Approvals. All additional regulatory approvals required for construction of
the Improvements or development of the Subdivision shall be obtained before commencement of
construction on the Improvements. Additional approvals may include but are not limited to the Department
of Health permits for water system modifications; Minnesota Pollution Control Agency permits for the
extension of sanitary sewer or cluster on-site treatment systems; National Pollutant Discharge Elimination
System permits for grading; Department of Natural Resources permits for water appropriations; Army Corps
of Engineers permits for construction of sedimentation ponds; and City, County and/or State permits for
access and work within existing road rights of ways.
7. Installation of Improvements. The Improvements will be installed at Developer's expense by
Developer as hereinafter provided.
(01) Developer shall construct and install at Developers sole expense all Improvements necessary
to fully complete the Development, including those Improvements identified in Exhibit D, attached
hereto, except as may otherwise be set forth in this Agreement. The installation of the
Improvements shall be in accordance with all applicable City ordinances, including the City
subdivision ordinance, and shall be subject to review, approval, inspection and authorization by the
City and/or its specialty consulting staff, as provided in this agreement.
(02) Deadline for Performance by Develop. Except as otherwise provided herein, Developer
agrees to complete all Improvements and perform all other acts as are required by the Subdivision
Ordinance, other applicable ordinances and the terms and conditions of this agreement, and
resolution No. 17-58 and to do so on or before October 31, 2018, with the exception of the final
wear course of asphalt on streets. The final wear course on streets shall be installed between
August 15 and October 15 the year following the base layer of asphalt construction. The Developer
may, however, request an extension of time from the City. If an extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost increases and the
extended completion date. Final wear course placement outside of this time frame must have the
written approval of the City Engineer.
(03) Approval of Contractor. The City reserves the right to approve or disapprove any
contractor selected by the Developer.
(04) Construction Plans. The construction, installation, materials and equipment shall be in
accordance with plans and specifications prepared by a licensed professional engineer and approved
by the City Engineer. Such plans and specifications shall be based upon such engineering surveys,
including soil boxings and material tests, determined to be necessary by the City Engineer.
(05) Supervision and City Services. Construction and installation plans and activity shall be
reviewed by and subject to the supervision of the City. Developer will cause the contractor(s) to
inform the City's representatives of the schedule to complete the Improvements as required in the
approvals. City shall inspect all Improvements during and after construction for compliance with
approved specifications. Developer will notify the City Engineer or his designee at such times during
construction as the City Engineer requires for inspection purposes.
(A) The Developer shall instruct its engineer to provide adequate field inspection
personnel to assure an acceptable level of quality control to the extent that the Developer's
engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City's discretion and at
the Developer's expense, have one or more City inspectors and a soil engineer inspect the
work on a full or part-time basis. The Developer, its contractors and subcontractors, shall
follow all instructions received from the City's inspectors. The Developer's engineer shall
provide for on-site project management. The Developer's engineer is responsible for design
changes and contract administration between the Developer and the Developer's contractor.
The Developer or its engineer shall schedule a pre -construction meeting at a mutually
agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work.
(06) Easements. The Developer shall convey to the City, prior to the final approval of plans and
specifications and at no cost to the City, all permanent and temporary easements for the installation
and maintenance of all Improvements determined to be necessary by the City. All such easements
shall be in recordable form acceptable to the City and contain such terms and conditions as the City
may prescribe.
(07) Insurance. Developer shall cause each contractor engaged in the construction and
installation of any Improvement to furnish the City with evidence acceptable to the City showing
insurance coverage (including workers' compensation, liability and property damage) in such
amounts as are required for City construction contracts. Developer shall also maintain adequate
liability insurance for public use of Streets, Sidewalk and other Improvements until such time as
those Improvements are completed and accepted by City as provided herein, and shall hold the City
harmless and indemnify the City from any liability arising out of the public's use of said
Improvements until such time as those Improvements are completed and accepted by the City as
provided herein.
(08) As Constructed Plans. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of
reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an
AutoCAD.dwg file or a Axf file and .pdf formats, all prepared in accordance with City standards. All
constructed public utilities shall be field surveyed after construction with all location, elevation, and
data attributes information, deliverable to the City in an approved sub -foot accurate GIS/GPS
format.
(09) City Acceptance. The City shall accept, at no cost, ownership of all Improvements provided
that such Improvements have been constructed in compliance with the plans and specifications
therefore and City requirements with respect thereto as determined by the City. No improvements
will be accepted prior to all disturbed areas of the site being fully vegetated and functioning in
accordance with the approved construction and storm water management plans. Upon acceptance,
all Improvements lying within the public easements or rights of way shall become City property
without further notice or action.
(10) License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Subdivision to perform all work and inspections deemed
appropriate by the City in conjunction with the Development.
(11) Faithful Performance of Construction Contracts. Developer will fully and faithfullyperform
the installation and construction of the Improvements in accordance with the approved plans and
specifications therefore and shall comply with all terms of any and all contracts entered into by the
Developer for the installation and construction of all such Improvements. at no expense to the City.
(12) Warrak. Developer hereby warranties the workmanship and materials respectingsuch
Improvements for a period of two U years following the City's final acceptance of the
8. City Installed Improvements.
(01) The Subdivision will have no City installed Improvements.
(02) There are no assessments levied against the subdivision.
9. Fees and Security for Developer's Performance.
(01) Ci1y Administration and Construction Observation Fees. Developer shall reimburse the City
for all the City's costs and expenses incurred in the processing of the Subdivision and installation of
improvements, including review of plans and construction observation and in regard to any action or
event of default by Developer, resulting in any suit or proceeding at law or in equity to which the
City shall become a party in reference to the Developer's interest in the Development.
Reimbursement shall be due and payable to the City within thirty (30) days following the receipt of a
statement therefore. The Developer shall post a cash escrow in the amount of ten percent (100/0) of
the estimated costs of the Improvements. This escrow will be drawn from as the project progresses
to cover the City's ongoing costs and expenses relating to administration and construction
observation of the Improvements. City administration will include, but is not limited to, supervision
of construction observation, consultation with Developer and its engineer on status or problems
regarding the project, coordination for final inspection and acceptance, project monitoring during the
warranty period, and processing of requests for reduction in security. Construction observation shall
include full to part time inspection of all work associated with the Improvements. Based on past
experience it is estimated that an escrow of ten percent (10%) shall be sufficient to cover the City
related expenses associated with the work. Delays, change in work scope, contractor performance,
etc. can all contribute to this amount not being sufficient. All City costs experienced in excess of the
escrow are the responsibility of the Developer. These costs will be billed directly to the Developer
and become due per the terms stated in Section 10.
(02) Security for Developers Performance.
(A) No work shall be commenced under this Agreement, and the Final Plat of the
Subdivision will not be released for recording, until the Developer has filed with the City a
cash deposit or an irrevocable and unconditional Letter of Credit acceptable to the City, in
the amount of Four Hundred Forty Five Thousand, and 00/100 Dollars ($445,000.00). Said
Letter of Credit shall also provide that funds shall be paid to the City upon written demand
of the City to the extent of default herein by Developer in the payment of any amount due
or the performance of any other duty or obligation of Developer pursuant to this
Agreement, including Developer's obligations to complete Improvements, to complete on-
site Landscape Improvements, and to make payment of any amounts due hereunder.
(B) The security provided in accordance with the above may be released quarterly, on
March 31, June 30, September 30 and December 31 of each year. The amount released each
quarter will equal the amount of work completed by the Developer during the quarter,
except that:
(i) the security will not be released to an amount less than the amount of
Developer's total indebtedness to the City pursuant to the terms of this Agreement,;
and,
(ii) the security will not be released below fifty thousand dollars ($50,000) until
all Improvements pursuant to this Agreement have been completed in full and all
other obligations of Developer under this Agreement have been fulfilled, including
Developer's obligation to install required Landscaping Improvements and to fulfill
the requirements of the Weiland Mitigation, if applicable.
(C) The Letter of Credit shall contain a provision that states that the Letter of Credit
shall be automatically renewable annually unless the issuer of the Letter of Credit first gives
the City 30 days written notice by certified mail of its intent not to renew the Letter of
Credit. The letter of credit shall also contain a minimum initial period of 1 year. The Letter
of Credit shall be a guaranty to the City that the Improvements and all other requirements
set forth in this Agreement will be timely completed to the City's satisfaction. The Letter of
Credit shall be maintained continuously by the Developer, except as reductions are
authorized by the City, until the Improvements are completed to the City's satisfaction,
including certification by the City engineer that all items are satisfactorily completed,
pursuant to this Agreement. The Letter of Credit shall have no conditions and shall be
subject to being drawn upon by the City upon any default under this Agreement, including
failure to pay contractors, subcontractors or costs or expenses owed to the City. If at any
time the City shall draw upon the Letter of Credit, the Developer agrees that within 10 days
upon being notified of such withdrawal by the City, Developer shall either pay the deficient
amount in cash to the City or have the Letter of Credit restored to its full amount
(03) Maintenance Bond. The Developer shall post maintenance bonds in the amount of twenty-five
percent (25%) of final certified construction costs to secure the warranty in Section 7 (12) hereof.
The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance
bonds are furnished to the City or until the warranty period expires, whichever first occurs. The
retainage may be used to pay for warranty work, grading, erosion control, and as built survey escrow.
(04) Water Availability Charge;. Developer shall pay Water Availability Charge in the amount of
Five Thousand, Six Hundred Eighty and 00/100 dollars ($5,680.00), ($355 per lot). The balance of
Water Availability Charges per unit ($3,278.00) shall be paid at the time of building permit.
(05) Surface Water Management Fee. Developer shall pay surface water management fees in the
amount of Three Thousand, Eight Hundred, Forty and 00/100 dollars ($3,840.00), ($240.00 per lot)
for each lot in the Subdivision prior to release of the final plat for recording.
10. Responsibility for Costs.
(01) Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the Subdivision, including but not limited to Soil and
Water Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the preparation
of this Agreement, review of construction plans and documents, the payment of fines and penalties
imposed on the city as a result of non-compliance with any permit or failure to obtain necessary
permits, and all costs and expenses incurred by the City in monitoring and inspecting development of
the Subdivision.
(02) The Developer shall hold the City and its officers, employees, and agents harmless from
claims made by itself and thud parties for damages sustained or costs incurred resulting from plat
approval of the Development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in consequence of
such claims, including attorneys' fees.
(03) The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attorneys' fees.
(04) The Developer shall pay, or cause to be paid when due, and in any event before any penalty
is attached, all special assessments referred to in this Agreement This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the
entire plat, or any part of it.
(05) The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt development and construction within the Subdivision until the bills are paid in full. Bills not
paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year.
(06) In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges C'SAC'S,
Municipal water connection charges, City sewer connection charges, and building permit fees.
11. General Provisions Binding Effect. The terms and provisions hereof shall be binding upon, and
inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall
be binding upon all future owners of all or part of the Subdivision and shall be deemed covenants
running with the land. References herein to Developer, if there be more than one, shall mean each
and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent
purchasers and encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall
be paid by the Developer.
(01) Severable. In the event that any portion of this Agreement shall be held invalid for any
reason, the same shall not affect in any respect whatsoever the validity of the remainder of this
Agreement.
(02) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision
of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this
Agreement.
(03) Construction Times. All construction activities shall be confined to the following hours of
operation:
Monday - Friday 6:00 AM until 9:00 PM
Saturday 8:00 AM until 5:00 PM (only with 48 hour advance notice to the
City Engineer or their representatives)
Sunday Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any
deviation from the above hours is subject to approval of the City Council.
(04) Street Construction. No street construction will be allowed after October 15 or prior to
May 15 unless approved by the City Engineer.
(05) Snowplowing. Until the Improvements are accepted by the City or an agreement expressly
reached in advance, the developer is responsible for snow removal and ensuring access by
Emergency Response equipment.
(06) Mailboxes. All mailboxes be clustered, and in a style and location acceptable to the City of
Elk River.
(07) History. Any item or condition found that indicates the site is likely to yield information
important to pre -history or history shall be reported to the city immediately, and the city reserves the
right in such event, to stop work immediately until the subdivision is appropriately investigated and
developer is authorized to recommence work.
(08) Covenants. Developer shall prepare and file restrictive covenants in a form acceptable to the
City Attorney. Restrictive covenants shall, at minimum, be recorded on the Wetland and the
Wetland Mitigation areas.
12. Park Dedication. Park dedication requirements have been satisfied with the dedication of land for
pack purposes, identified as outlot C of the Final Plat for Hillside Estates Ninth Addition, approved March
12, 2001.
13. Development Plan. A development plan "Development Plan" shall be submitted by Developer
and approved by the City Engineer or his designee prior to issuance of any building permit within the
Subdivision. The Development Plan will identify, for each lot in the Subdivision those items noted on the
checklist attached as Exhibit E to this Agreement. Approval of the Development Plan may be contingent
upon soil borings verifying elevations and compaction tests for proposed house pads.
14. Landscanine. Developer agrees to install one over story tree in the boulevard of each Lot, and
require one additional over story tree in the front yard of each Lot. For Lots not sold by April 31, 2016,
Developer agrees to install one tree in the front yard of all unsold lots. All required trees shall be 2 inches in
caliper.
(01) All residential landscaping requirements shall be completed prior to occupancy of the
dwelling unit, or by June 1 following occupancy if occupancy occurs October 15 through May 31.
(02) In the event the landscaping, including trees and establishment of turf, is not complete at the
time of Certificate of Occupancy, the City may issue a certificate of occupancy and require the
provision of a cash deposit from the budder of the lot to guarantee the successful completion of the
landscaping improvement. The cash deposit shall be no less than $1,000.00. The City, its employees,
agents or contractors shall have the right to go upon the property to complete the landscaping
without permission of the owner of the property or lot, and shall not be liable for trespass. The City
may also require a deposit as part of the building permit fee to secure compliance with the
landscaping requirements.
Is. Surface and Groundwater Management.
(01) Dewaterine. Due to the variable nature of groundwater levels and stormwater flows, it will
be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with
all applicable county, state, and federal rules and regulations. DNR regulations regarding
appropriations permits shall also be strictly followed.
(02) Wetlands. If the Developer proposes the filling of wetlands in connection with development
of the Subdivision, final plat approval is contingent upon, and the final plat shall not be recorded
until, receipt of necessary permits from appropriate regulatory agencies to fill wetlands as proposed
by the Developer and approval by the Technical Evaluation Panel of the proposed mitigation plan
for wetlands filling. If these permits are denied, or approval of the wetland permit and mitigation
plan is subject to conditions which significantly impact the Subdivision, the final plat for the
Subdivision shall be resubmitted to the City Council for consideration of changes required for the
wetland approvals. The City shall receive a copy of the monitoring report annually for three years.
(03) Erosion Control. Prior to initiating any work on the site, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City or other regulating
authority. The City may impose additional erosion control requirements if they are deemed necessary
to protect the downstream waters of the state. All areas disturbed by the grading operations shall be
stabilized per the MPCA NPDES Stormwater Permit for Construction Activity and the City MS4
permit. Seed shall be in accordance with the City's current seeding specification which will include
temporary erosion control measures to provide ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and watered as necessary for seed retention and growth. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the MPCA NPDES Stormwater Permit for Construction Activity, the City MS4 permit, with the
erosion control plan and schedule, or supplementary instructions received from the City or other
regulating authority, the City may take such action as it deems appropriate to control erosion. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days, the
City may draw down the letter of credit to pay any costs. No development, utility or street
construction will be allowed and no building permits will be issued unless the plat is in full
compliance with the approved erosion control plan.
(04) Gradin . The Subdivision shall be graded in accordance with the approved grading
development and erosion control plan, Plan B. The plan shall conform to City specifications.
Within thirty (30) days after completion of the grading and before the City approves individual
building permits (except up to three model home permits on lots acceptable to the Building Official
per section 18), the Developer shall provide the City with an "as constructed" grading plan certified
by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales,
have been constructed on public easements or land owned by the City. The "as constructed" plan
shall include field verified elevations of the following. (a) cross sections of storm water
treatment/infiltration basins; (b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
"conservation area" posts; and (c) lot comer elevations and house pads, and all other items listed in
the City Code. The City will withhold issuance of building permits until the approved certified
grading plan is on file with the City and all erosion control measures, including full vegetation of
entire site, are in place as determined by the City Engineer. The Developer certifies to the City that
all lots with house footings placed on fill have been monitored and constructed to meet or exceed
FHA/HUD 79G specifications. The soils observation and testing report, including referenced
development phases and lot descriptions, shall be submitted to the Building Official for review prior
to the issuance of building permits.
(05) Clean Up. The Developer shall clean dirt and debris from all streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to
any construction in the plat, the Developer shall identify in writing a responsible party and schedule
for erosion control, street cleaning, and street sweeping.
(06) National Pollutant Discharge Elimination System Requirements. Prior to the
commencement of any work, the Developer shall provide a signed Storm Water Pollution Prevention
Plan for City review and approval to control erosion from the site. Because the site is over one (1)
acre, the Developer shall also apply for and obtain an NPDES permit from the Minnesota Pollution
Control Agency.
(07) Municipal Separate Storm Sewer System Requirements. All storrriwater management
activities shall comply with the City MS4 permit.
10
16. Default.
(01) Remedies. In the event of default by the Developer as to any of the work to be performed
by it hereunder, the City may, at its option, perform the work and the Developer shall promptly
reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is fust given notice of the work in default, not less than forty-
eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be
necessary for the City to seek a Court order for permission to enter the land. When the City does
any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
(02) Acceleration on Default. In the event Developer, or its heirs, successors or assigns, violates
any of the covenants and agreements herein contained, or fails to pay any amount due to the city, the
City, at its option, in addition to its other rights and remedies, by written notice of default given to
the Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, ,
due and payable in full, with interest, immediately, or on such date as the City shall specify in its
notice of default to Developer. If Developer fails to make payment in the amount and at the time
specified in the City's notice of default to Developer, City may, at its option, draw on the security
provided by Developer pursuant to Section 8 of this Agreement and/or commence legal action
against Developer to collect the entire amount owed by Developer, including reasonable attorneys'
fees. Developer shall be personally liable for such amounts due and, if more than one, such liability
shall be joint and several.
17. Issuance of Buildingnd Occupancy Permits.
(01) B� Permits. The City will not issue any building permit (a permit issued for
construction of a structure to be sold and occupied by a new owner) for any lot or parcel in the
Subdivision until all small and large utilities are installed, streets are paved with the fust lift of
pavement and vegetation is full established. 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 Subdivision until all
Improvements (except final lift of paving) are completed, approved by the City Engineer and
accepted by the City. Temporary certificates of occupancy may be issued for sites with model
permits; however, such certificates will not allow the structure to be transferred to a new owner for
the purpose of occupancy.
(02) Notice to Homebuyers. If the Developer fails to comply with any of provisions of this
Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or
parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the
Subdivision of the existence of this contract 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.
18. Model Homes.
(01) The City may issue building permits for the construction of up to two model homes on lots
approved by the Building Official prior to completion of the public and private infrastructure,
provided that access to the site for emergency vehicles is maintained at all times. 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
Subdivision until all Improvements (except final lift of paving) are completed, approved by the City
Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites;
11
however, such certificates will not allow the structure to be transferred to a new owner for the
purpose of occupancy.
19. Miscellaneous.
(01) Filing of Final Plat and Developer Agreement. Before construction commences on the
Improvements, the Final Plat of the Subdivision and this Developer Agreement must be filed and
recorded and all necessary easements shall have been conveyed to the City, unless the City authorizes
in writing the commencement of limited construction activities.
(02) Incorporation by Reference. The exhibits to this Agreement shall be and hereby are made a
part of this Agreement by reference as fully as if set forth herein in full.
(03) No Replacement. This Agreement is in addition to and is not in replacement of the terms
and conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and
Right to Object relating to the Subdivision executed by Developer.
(04) RReeulatory Compliance. The Developer represents to the City that the Subdivision complies
with all city, county, metropolitan, state, and federal laws and regulations, including but not limited
to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines
that the plat does not comply, the City may, at its option, refuse to allow construction or
development work in the Subdivision until the Developer does comply. Upon the City's demand, the
Developer shall cease work until there is compliance.
(05) Third Parties. Third parties shall have no recourse against the City under this Agreement.
(06) Breach. Breach of the terms of this Agreement by the Developer shall be grounds for denial
of building permits, including lots sold to third parties.
(07) Severab li . If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
(08) Damage to Improvements. If building permits are issued prior to the acceptance of
Improvements, the Developer assumes all liability and costs resulting in delays in completion of
public Improvements and damage to Improvements caused by the City, Developer, its contractors,
subcontractors, material men, employees, agents, or thud parties. No sewer and water connections
or inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been paved
with a bituminous surface, the utilities are completed, and the vegetation is established and accepted
by the City Engineer.
(09) Amendments. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's failure to
promptly take legal action to enforce this Agreement shall not be a waiver or release.
(10) Binding Contract. This Agreement shall run with the land and may be recorded against the
title to the property. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the property being final platted and/or has obtained consents
to this Agreement, in the form attached hereto, from all parties who have an interest in the property,
12
that there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
(11) Insurance. The Developer and contractor shall acquire public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of their subcontractors or by one directly or indirectly
employed by any of them. The insurance must be maintained until six (6) months after the City has
accepted the Improvements. Limits for bodily injury and death shall be not less than $500,000 for
one person and $1,000,000 for each occurrence; limits for property damage shall be not less than
$200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City
shall be named as an additional insured on the policy on a primary and noncontributory basis, and
the Developer and contractor shall file with the City a certificate evidencing coverage prior to the
City signing the plat. The certificate shall provide that the City must be given ten (10) days advance
written notice of the cancellation of the insurance.
(12) No Waiver. Each right, power or remedy herein conferred upon the City is cumulative and
in addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every right, power
and remedy herein set forth or otherwise so existing may be exercised from time to time as often and
in such order as may be deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
(13) Assignment The Developer may not assign this Agreement without the written permission
of the City Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire plat, or any part of it.
20. Notices. All notices and demands specified herein shall be deemed appropriately and timely given
when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by
certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by
written notice given as above:
If to the City at: City of Elk River
Atm: City Administrator
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Developer at: Riverside Development Company of Princeton
Attn: Richard Foster
19230 Evans Street NW, Suite 115
Elk River, MN 55330-1079
IN
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed
on this day and year fust above written.
DEVELO
"
BY
Richard Foster
Its: Chief Manager
14
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
This instrument was acknowledged before me this '- day of M c I$ by
John J. Dietz and Tina Allard, the Mayor and City Clerk, respectively, for the City of Eli River, Minnesota.
STATE OF MINNESOTA )
ss.
COUNTY Old L C, )
tary Public
" =PUBUC.
EN
OTAEl
, 2020
This instrument was acknowledged before me this 23 day of vl 0A4 a�by
12iCl1G11�Ci ( FeSFt�� (�hrc�—MQr�CcC.
�rrL,r,�j ' •i � � � I �
15
This instrument was drafted by:
JENNIFER OLA GREEN
City of Elk River
- NOTARY PUBLIC - MINNESOTA
13065 Orono Parkway
My Commission Expires Jan, 31, 2020
Elk River, MN 55330
15
EXHIBIT A
Resolution No. 17-58
A-1
Resolution 17- 58
A Resolution of the City of Elk River Granting Final Plat Approval for
Hillside Estates Eleventh Addition
Case No. P 17-20
WHEREAS, application has been made for final plat approval, pursuant to Section 30-374
of the Elk River City Code of Ordinances, of the property legally described on attached
Exhibit A and hereinafter referred to as "the Property"; and
WHEREAS, a preliminary plat of the Property was approved by the City Council on
September 18, 2017; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by
the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the preliminary plat of the Property.
NOW, THEREFORE, BE IT RESOLVED
It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with Chapter 30 of the City Code of
Ordinances and conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general and
specialized city, county, and regional plans including, but not limited to, the
City's Comprehensive Plan.
C. The physical characteristics of the site, including, but not limited to,
topography, soils, vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and drainage are suitable for the type and density
of development and uses contemplated.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental
damage.
rar[eti r
I�JATURt
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
3. The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and complied with, to sign the final plat for the Property and to
issue a certified copy of this Resolution giving final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5. This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 2nd day of October, 2017.
J J. ietz, Mayo
A=T-
Tina
TTESTTina Allard, City Clerk
MA
Ptu er; URE
EXHIBIT A
LEGAL DESCRIPTION
Oudot A, HILLSIDE ESTATES TENTH ADDITION, Sherburne County, Minnesota
rerEet� er
NATURE
EXHIBIT B
CONDITIONS OF APPROVAL
1. A developers agreement be prepared and executed outlining the terms and conditions of
the plat approval prior to releasing the plat for recording.
2. Surface water management fee be paid in the amount required by the city at the time of
final plat prior to releasing the plat for recording. (currently $233/residential lot)
3. Water Availability Charge shall be paid in the amount required by the city at the time the
Final Plat is released for recording. (currently $345/ plumbing unit)
4. Staff approval of all site, landscaping, engineering, and stormwater plans.
5. Street lights shall be installed as required by F_Ik River Utilities.
6. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the
public improvements.
7. Upon completing all of the improvements and having them accepted by the city, a security
or warranty in a form acceptable to the city engineer will be secured.
8. A development plan shall be approved by the city engineer prior to the issuance of building
permits.
9. All mailboxes shall be clustered.
10. Any item or condition found that indicates the site is likely to yield information important
to pre -history or history shall be reported to the city immediately. Further, the city reserves
the right to stop work authorized in its approval until the site is appropriately investigated
and work is authorized.
f' MjF-41 Ej
EXHIBIT B
Legal Description
Lots 1-9, Block 1, Lots 1-5, Block 2, and Lots 1- 2, Block 3, HILLSIDE ESTATES ELEVENTH
ADDITION, according to the recorded plat thereof, Sherburne County, Minnesota.
B-1
EXHIBIT C
Final Plat
C-1
EXHIBIT D
Cost Estimate Form
D-1
BID FORM
RIVERSIDE COMPANIES
HILLSIDE ESTATES ELEVENTH ADDITION
9idds apses b eertmm an me eerk desrnded n Pe Cor ma Dorumenh hr du Mk Mny unitp Sh lump sun; Milli m&eW seems be ell o w aVNuue uses end hes
Bid From
DO 41 00-D
BID FORM
RIVERSIDE COMPANIES
HILLSIDE ESTATES ELEVENTH ADDITION
0 45
2505502
ADJUST FRAME AND RING CASING
4
EACH
46
250SM
CONSTFtUCT B' UTSIDE DROP
4.9
DNR
47
2511.501
MNDOM RIPRAP CUSS N
19A
cv1
40
2531.501
CONCRETE RB3G RDESGN SPEdnI
2]32
LINFT
49
2563601
TRAFPC CONTROL
1
SU
60
2!164 53T
FURNISH SIGN PANELS TYPE C
43.5
So FT
51
2573 502
ISILTFEKF TYPE MACHINE SLICED
4200
IN FT
52
25]3.530
STORM DRAW WLET PROTECTION
12
EACH
53
2513.535
STAB IED NSTRUCTION AR
1
LUMP SUM
N
55
25TI523
25)5.555
EROSgN CA)NiROI BIANKETSU GORY2
iESTAB OiHMENT
700
9
SQYD
ACRE
Total Bass Bid
Bid From
0041 00-4
Development Plan Requirements
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
EXHIBIT E
Development Plan Checklist
Lot and block numbers
Street Names
Storm sewer alignment with top and invert elevations. Also Flared ends with invert
elevations
Centerline Street elevations at 100 foot stations with high and low points
Centerline street percent grades
Cul-de-sac percent grade along curb
Building setback lines
Final Contours
All proposed driveway slopes
House pads with house style and elevations
Front and rear lot comer elevations
Spot elevations at the rear of the house pads if the drainage is to be directed around the
house pad to the front
Typical lot detail indicating where lot and house elevations are shown to.
Legend with type of house styles and grade difference for garage floor to walkouts or
lookouts.
Lot dimensions to the nearest foot
Typical street section
Drainage arrows at high points and major grade changes
Existing and proposed easements
Emergency overflows should be labeled and shown with spot elevations and drainage
arrows. Emergency overflows must be established for catch basins in the street and in rear
yards. Areas along rear lot lines which are below emergency overflows elevations shall be
designated as drainage easement on the final plat.
Wetland boundaries must be accurately shown
Development plan must be signed by a registered Land Surveyor or Engineer.
All trees within the subdivision that are to be preserved shall be fenced with a snow fence at
the drip line to prevent grading, compaction, or storage of equipment, debris or materials.
Staff shall inspect the fencing prior to grading. Cutting of trees between April 15 and July 15
shall not be permitted. The Operator shall take other measures deemed appropriate by the
Sherburne County Forester to control oakwilt, such as, but not limited to: debarking or
destroying fallen diseased trees prior to April 15, not leaving roots exposed and avoiding
mechanical damage on remaining trees.
E-1
EXHIBIT F
Purposely left blank
H-1
EXHIBIT G
Consent of Mortgagee
I-1
ISSUED BY
PREFERRED TITLE, INC.
113 West Broadway, PO Box 727, Monticello, MN 55362
Phone: (763)295-6140 - Fax: (763)295-6456
AS ISSUING AGENT FOR
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment Number: 09036-17
SCHEDULEA
1. Commitment Date: April 24, 2018 at 08:00 AM
2. Policy (or Policies) to be issued: Amount
(a) Owner's Policy ( ALTA Own. Policy (06/17/06) )
Proposed Insured:
County of Sherburne
(b) Loan Policy ( ALTA Loan Policy (06/17/06) )
Proposed Insured:
3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by
Riverside Development Company of Princeton, a Minnesota Corporation.
4. The land referred to in the Commitment is situated in SHERBURNE County, State of Minnesota and is
described as follows:
Outlot A Hillside Estates Tenth Addition to be platted into Hillside Estates Eleventh Addition, Sherburne
County, Minnesota.
FOR REFERENCE PURPOSES ONLY:
The company has not verified, does not insure, and makes no representation that the information below is
about the above insured property. According to insured's representation or vesting instrument(s), the
street address of the property has been represented to the company as follows:
Subject Property Address: , Elk River, MN 55330
Preferred Title, Inc.
By:
Authorized Signature
ALTA Plain Language commitment
Schedule (6/17/06) (09036-17.PFD/09036-17/14)
ISSUED BY
PREFERRED TITLE, INC.
AS ISSUING AGENT FOR
COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT NUMBER 09036-17
SCHEDULE B - SECTION 1
REQUIREMENTS
The following requirements must be met:
1. This Commitment does not cover utility bills against the subject property not shown on tax or
assessment records.
2. NOTE: If policy is to be issued in support of a mortgage loan, attention is directed to the fact that the
Company can assume no liability under its policy, the closing instructions, or insured Closing Service for
compliance with the requirements of any consumer credit protection or truth in lending law in connection
with said mortgage loan.
3. Pay the full consideration to, or for the account of, the grantors or mortgagors.
4. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and
payable.
5. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are
completed; that contractor, subcontractors, labor and materialmen are paid; and have released of
record all liens or notice of intent to perfect a lien for labor or material.
6. If the transaction is closed by Preferred Title, Inc., the Social Security number of Seller or Federal ID
number of selling entities and forwarding address must be provided at or prior to closing to comply with
the Tax Reform Act of 1986 and the 1099S Form executed at closing unless the Seller is a corporation
or governmental unit.
7. Provide standard form Seller's Affidavit in recordable form, executed by Riverside Development
Company of Princeton, a Minnesota Corporation. If provided Items 2 and 4 of Schedule B - Section 2
will be deleted from the Loan Policy to be issued pursuant to this Commitment.
8. Preferred Title, Inc. has not yet received name searches.
9. Obtain verification of tax and assessment payoff amounts from city and/or county
10. Chain of Title: The fee owner listed at Schedule A, No. 3 herein took title to the subject property
pursuant to Warranty Deed dated March 16, 2018, filed of record April 10, 2018, as Document No.
854441.
11. Note: This commitment is for informational purposes only. It is intended for the use of the County of
Sherburne for platting purposes.
ALTACommitment
Schedule B - Section 1(06/16/06) (09036-17.PFD/09036-17/14)
COMMITMENT NUMBER 09036-17
SCHEDULE B - SECTION I
REQUIREMENTS
(Continued)
12. Mortgage:
Dated: December 3, 2009
Filed of Record: December 16, 2009
Document No.: 705480
Executed by: CM Points Holdings, LLC
To: American Bank of the North
Original Principal Amount: $1,000,000.00
Said mortgage modified by Mortgage Modification Agreement filed of record December 20, 2012 as
Document No. 762976, Modification of Mortgage dated May 14, 2013, filed of record May 24, 2013, as
Document No. 771625, and Modification of Mortgage dated November 7, 2014, filed of record
November 25, 2014, as Document No. 796168.
SAID MORTGAGE COVERS ADDITIONAL LAND
13. Mortgage:
Dated: April 25, 2018
Filed of Record: April 25, 2018
Document No. 855046
Executed by: Riverside Development Company of Princeton, a Minnesota Corporation
To: Neighborhood National Bank
Original Principal Amount: $550,000.00.
14. Any levied or pending special assessments now of record.
15. General taxes for the year 2019 and subsequent years.
16. NOTE: General taxes for the year 2018 in the amount of $2,960.00 are NOT PAID. This amount
includes special assessments in the amount of $0.00. Non -homestead. Property Identification No. .
ALTACommltment
Schedule B - Section 1 (06/16/06) (09036-17.PFD/09036-17/14)
ISSUED BY
PREFERRED TITLE, INC.
AS ISSUING AGENT FOR
COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT NUMBER 09036-17
SCHEDULE B - SECTION II
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the Effective Date but prior to the date the Proposed Insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
2. Rights or claims of parties in possession not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land.
4. Easements, or claims of easements, not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law
and not shown by the public records.
6. Taxes or special assessments which are not shown as existing liens by the public records.
7. Liens or deferred charges for sewer, watermains and service pipes, not shown on the tax roll.
8. Special taxes or assessments, if any, payable with the taxes levied or to be levied for the year 2019 and
subsequent years.
9. Covenants, conditions, restrictions and easements, appearing or not appearing in the public records.
10. Any levied or pending assessments now of record
11. Subject to minerals and mineral rights, if any.
12. FOR INFO ONLY: COPIES OF SCHEDULE B SECTION II DOCUMENTS AVAILABLE UPON REQUEST.
13. Easements, Restrictions, Drainage and Utility easement(s) and wetlands, if any, as shown on the
recorded plat of Hillside Estates First Addition, the plat of Hillside Estates Tenth Addition, and the
proposed plat of Hillside Eleventh Addition.
14. Assessments, covenants and conditions, terms, restrictions, easements and obligations contained in
Protective Covenants, dated November 2, 1992, filed of record January 6, 1993, as Document No.
271460. (As to Hillside First Addition)
15. Assessments, covenants and conditions, terms, restrictions, easements and obligations contained in
Development Agreement, dated July 2, 1992, filed of record October 21, 1992, as Document No.
268153. Said Development Agreement amended by Addendum to Development Agreement dated
October 28, 1992, filed of record November 13, 1992, as Document No. 1269108. (as to Hillside
Estates First Addition)
16. Order Granting Re -zoning dated April 19, 1999, filed of record August 25, 1999, as Document No.
396874.
17. Order Granting Re -zoning dated August 29, 1994, filed of record September 14, 1994, as Document
No. 300036.
ALTACommitment
Schedule B - Section 11 (06/16/06) (09036-17.PFD/09036-17/14)
COMMITMENT NUMBER 09036-17
SCHEDULE B - SECTION II
EXCEPTIONS
(Continued)
18. Order Granting Conditional Use dated October 7, 1994, filed of record October 18, 1994, as Document
No. 301479.
19. Terms and conditions of Easement in favor of Northern States Power dated March 26, 1968, filed of
record April 24, 1968, as Document No, 107535. Said easement was partially released by Partial
Release of Easement dated January 24, 1995, filed of record February 10, 1995, as Document No.
305547.
20. Final Certificate in favor of Northern States Power dated February 27, 1979, filed of record March 28,
1979, as Document No. 154099.
21. Order Granting Re -zoning dated July 8, 1992, filed of record July 17, 1992, as Document No. 264661.
22. Order Granting Variance dated July 8, 1992, filed of record July 17, 1992, as Document No. 264662.
23. Assessments, covenants and conditions, terms, restrictions, easements and obligations contained in
Development Agreement, dated April 17, 1996, filed of record May 30, 1996, as Document No. 326159.
24. Terms and conditions of Easement in favor of United Power Association filed of record June 16, 1994,
as Document No. 296199. Said document was re-recorded June 30, 1994, as Document No. 296958.
ALTACommilment
Schedule B - Section 11 (06/16/06) (09036-17.PFD/09036-17/14)
EXHIBIT H
Summary of Payments Due
5,680_00 ater Availability Charge ecuon 9 (06)
$�3,840.00 urface Water Management Fee ection 9 (07)
S9 520.00 otal
J-1
0/
city of
Elk -�-�
Diver Memorandum
TO: Mayor and City Council
From: Bob Ruprecht,Building Official
Date: April 11, 2019
Subject: Certificate of Occupancy for 19583 Baldwin St NW
As the City of Elk River Building Official, I do not have the authority to issue a Certificate of
Occupancy per the approved development agreement.
Further,I do have concerns with issuing a temporary or final Certificate of Occupancy on homes in
a development that is not complete, as describe in the development agreement. The use of
temporary pavement, electricity,gas, and appliances can be unreliable,inconvenient and potentially
dangerous.
At a minimum,new home owners are considerably inconvenienced when contractors need to shut
off electricity and/or gas to their home so that appliances can be replaced or converted from
propane to natural gas. In some instances,the appliances may not be able to convert from one gas
to another and therefore renders the appliance inoperable for an indefinite period of time.
The potential danger associated with temporary gas, electricity and road surface is much more
concerning.
The conversion from propane to natural gas could include converting gas valves, complete change
out of appliances or the connection of a new gas line. All are susceptible to a potentially dangerous
gas leak in the now occupied home.
Temporary electric lines to a home, either overhead or on the ground in a sleeve, are susceptible to
damage from the elements or construction equipment. Generators are equally dangerous as well as
being noisy in a residential setting.
Maintaining access to an occupied residence is vital to the safety of the occupants. Unpaved access
to a development can quickly deteriorate to an impassible road for emergency vehicles.
Request for Action
To
Item Number
Mayor and City Council
8.2
Agenda Section
Meeting Date
Prepared by
General Business
November 21, 2016
Zack Carlton, Planning Manager
Bob Ru recht, Building Official
Item Description
Reviewed by
Development Agreement for Miske Meadows
Cal Portner, City Administrator
Reviewed by
Action Requested
Receive comments related to tinning for the issuance of building permits in Miske Meadows and provide
direction to city staff.
Approve, by motion, the Development Agreement for Miske Meadows.
Background/Discussion
The conditions imposed by City Council for approval of the resolution for the Final Plat of Miske
Meadows include a requirement of a signed Development Agreement. The agreement outlines the costs
and responsibilities to the satisfaction of city staff.
Staff and the attorney drafted a Development Agreement outlining the responsibilities and are seeking
Council approval. The applicant proposed some changes to our standard agreement, most of which staff
are comfortable with due to the conditions of the site. However, an agreement has not been reached
regarding the timing for issuance of building permits. Our standard Development Agreement states
building permits, other than model homes, will not be issued until installation of all public utilities, small
utilities (gas, electric, telephone), and the first lift of pavement has been completed. The applicant asked
the requirement for the installation of small utilities to be completed relate to the issuance of a Certificate
of Occupancy (CO) rather than the building permit.
Staff does not support this change as issuing a building permit knowing the possibility that the home may
not be ready by move in time creates problems for the city and residents. Frequently, buyers purchase
the lot and plan the construction of their new home, frequently have sold their existing home, have
closing dates set or have given notice of vacating their current rental property. They would be without a
home if the small utilities are not completed by move -in time.
If utility installation is delayed due to an early or harsh winter, construction would not occur until the
following spring. The alternatives to holding a CO, supplying temporary heat and power to a home
without services, would make for a long, noisy, and expensive winter. Staying at a motel is equally
burdensome for families as they had planned to spend the winter in their new home. Both of those
alternatives have been discussed in the past, and both place the city in the difficult situation of explaining
why a permit was issued with the potential of a home not being ready for occupancy.
p�y0WIIH110 0
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1�1 YUR
Staff's recommendation to hold the issuance of a building permit until the installation of small utilities has
been completed comes from past experience and we do not want to place the city in the situation of
telling a resident they cannot move into an otherwise completed home. The specific language from the
agreement is below, and staff does not recommend any changes:
(01) Building Permits. The city will not issue any buildingneer (a p - nit issued for
construction of a structure to be sold and occupied by a new owner) for any lot or parcel in
the Subdivision until all gas, electric, and large utilities are installed and available for the
individual }parcel, and streets are paved throughout the subdivision with the first lift of
pavement to the acceptance of the City Engineer. 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
subdivision until all improvements (except final lift of paving) are completed, approved by
the City Engineer and accepted by the city. Temporary certificates of occupancy may be
issued for sites with model permits; however, such certificates will not allow the structure to
be transferred to a new owner for the purpose of occupancy.
The Development Agreement closely follows our standard agreement, and outlines required security in
the form of a Letter of Credit and escrow deposits.
Financial Impact
\()nc
Attachments
■ 1]evelopment Agreement dated November 21, 2016
City Council Minutes
November 21, 2016
Page 6
Mayor Dietz questioned if the city has liability if the owner of a shed in the right-of-
way doesn't respond.
Attorney Beck indicated the city can enter into an agreement with Mr. Hamilton to
remove the junk. He added the city may wish to enter into agreements with property
owners who have docks and sheds in the city right-of-way if they are kept there. He
stated this is a great project but cautioned it will raise the issue of private property in
the public right-of-way.
Mayor Dietz questioned if property lines will be determined prior to property owner
notification of clean up. Mr. Anderson stated yes, a survey will be conducted before
proceeding with the project.
Mayor Dietz stated he would prefer staff meet personally with owners of sheds and
docks in the right-of-way.
Councilmember Westgaard stated he does not want Mr. Hamilton out dealing with
upset homeowners.
Council concurred.
Lavina Hoselton, 12964 Meadowvale Road NW — stated she hates all the junk on
this property and believes this could be a great neighborhood gathering place. She
indicated there are natural springs along the right-of-way so a trail may be difficult.
She added the potential trail could be very close to her house and she worries about
snowmobiles, noise, and parties if it's opened up to the public. She suggested having
a meeting to inform the neighborhood of the project.
Counci.lmember Wagner stated the area will look great once the project is complete
and questioned the long term maintenance plan.
Mr. Hecker explained the hope is to get volunteer park stewards, but if not, it will be
maintained by staff.
Moved by Councilmember Westgaard and seconded by Councillnernber
Olsen to approve the Eagle Scout project proposed by Tyler Hamilton as
outlined. Motion carried 5-0.
8.2 DeveDopment Agreement for Miske Meadows
Mr. Carlton presented the staff report.
Mayor Dietz questioned past practice with other developers.
Mr. Carlton stated this request would be a deviation from past practice.
T Pfi � �T
City Council Minutes
November 21, 2016
Page 7
Councilmember Westgaard questioned why it's critical to have small utilities installed
prior to issuance of a building permit.
Mr. Ruprecht stated this requirement is outlined as part of the city's standard
development agreement. He explained how homes not finished by move in time
creates issues for the city and the person who purchased the house. He further
explained people are not always aware of the requirements so they may not be aware
they won't be able to move in until gas, electric, etc are installed. He added this
procedure was established based on past experience.
Mayor Dietz concurred with staff's recommendation. He stated the standard
development agreement has been good enough in the past and questioned why it is
not good enough for this developer. He questioned if this has been an issue with
other developers.
Mr. Beck indicated he is not aware of any other request to amend this language.
Councilmember Westgaard questioned if it has always been this way.
Mr. Beck explained the city had bad experiences in the past with the big growth
spurt and this condition came from staff addressing those issues.
Alan Roessler, Paxmar development team, 3405 Northdale Boulevard, Coon Rapids
-- stated they are looking for the requirement for the installation of small public
utilities to relate to the issuance of the Certificate of Occupancy rather than building
permits. He explained developers don't have control over the timing for the
installation of small utilities and he feels like waiting could hinder their development.
He stated the scenario Mr. Ruprecht is concerned about is the very worst case
scenario.
Councilmember Wagner stated if the city's only concern is the perception to the
buyers if they cannot be issued a Certificate of Occupancy maybe the city could
require the developer to notify homeowners they cannot move in until small public
utilities are installed.
Mr. Roessler indicated they already disclose tist information to the builders but have
little control over what information the builders pass on to the homeowners.
Mayor Dietz suggested rather than change city policy, have the developer submit
exception requests to staff for Council consideration.
Mr. Ruprecht stated this could work from his end.
Mr. Roessler stated if Council would agree to increase the model home permit limit
from five to 8 or 10, they are willing to withdraw their request for building permits to
be issued earlier.
City Council Minutes
November 21, 2016
Page 8
Mr. Carlton indicated the developer was approved for three model home permits
with the first development agreement and five with this development agreement. He
explained model homes are normally used as a tool to sell homes but he feels like
approving more model home permits will move away from the intention of model
homes and instead be used as a tool to allow earlier building.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to amend the proposed Development Agreement to allow eight model
home permits. Motion carried 5-0.
8.3 Summary of Doty Administrator Cad Portner's Performance
Evaluation
Mayor Dietz read a statement summarizing Mr. Portner's performance evaluation.
8.4 Summary of Parks Maintenance Worker Army B orst's Performance
[Evaluation
Mayor Dietz read a statement summarizing Ms. Borst's performance evaluation.
Recessed 7:41p.m. to go into work session. Reconvened at 7:49 p.m.
9.1 Davvntown Parking, Regu [zdons, permit6 ng and Decorative Ughtung
Mr. Portner presented the staff report.
Downtown Parking Regulations and Permitting
Mayor Dietz stated he agrees with removing the parking signs, getting rid of fees,
and not enforcing. He added it bothers him that employees and some business
owners park in the spots that should be for customers but the city has no control
over this. He added the city made a good faith effort to enforce parking but
employees got wise and figured out ways to avoid the requirements.
Fred McCoy, McCoy's Pub — stated the idea isn't to get rid of parking permits but
to stop charging for the permits.
Councilmember Olsen noted there are costs associated with staff issuance of
permits. He agreed there should be a designated employee parking area.
Mayor Dietz indicated the cost to issue permits is minimal. He questioned if the
permits can be changed to not expire.
Chief Nierenhausen stated this would still need to be monitored. Chief explained he
is trying to understand why permits would be required when there is no fee and the
area is not monitored. He noted all downtown businesses would need to be in
agreement to make this work and he is not hearing that agreement.
PO�EREp �9'
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