4.8. SR 06-21-2021it ci
Elk*
River
Request for Action
To
Item Number
Mayor and Ci Council
4.8
Agenda Section
Meeting Date
Prepared by
Consent
June 21, 2021
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Final Plat and Development Agreement:
Zack Carlton, Planning Manager
Majestic Oaks
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution for the Final Plat for Majestic Oaks
with the following conditions:
1. A Development Agreement must be signed by the city and
developer prior to releasing the final plat for recording.
2. Park dedication be paid for the final number of dwelling units,
at the applicable rate when the subdivision is released for
recording.
3. A Letter of Credit shall be provided to the city in the amount
of 100% of the costs of the public improvements.
4. Upon completion of all improvements and acceptance by the
city, a security or warranty in a form acceptable to the city
engineer must be secured.
5. Development Plan shall be approved by the city engineer prior
to issuance of building permits.
6. Staff approval of all updated site and engineering plans.
7. Any item or condition found that indicates the site is likely to
yield information important to prehistory 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.
Approve, by motion, the Development Agreement for Majestic Oaks.
Background/Discussion
Case Number P 21-04
Figure I
The City Council approved the preliminary plat of Majestic Oaks on June 7, 2021. The plat includes 51.13 acres
and is located east of Elk Lake Road at the 207th Ave alignment. The proposed final plat consists of 14 lots and
dedicates right-of-way for access to the lots. Lot 5, Block 1 will contain the existing house and the remaining lots
will be new developable lots, which are eligible for park dedication. The lots range in size from 2.64 to 7.38 and
they all meet the minimal lot width of 160-feet.
The Elk River Vision P I I E I E o I Y
A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATURE]
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
The conditions included for the approval of the resolution for the Final Plat include a requirement that a
Development Agreement be signed. Staff has drafted the Development Agreement outlining the costs,
responsibilities, and required security in the form of a Letter of Credit and escrow deposits and are seeking Council
approval.
Financial Impact
None
Mission/Policy/Goal
■ Opportunity to live, work, and play
■ Responsibly grow
■ Work with citizens to achieve goals
Attachments
■ Final Plat
■ Resolution No. 21-
■ Developers Agreement
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PEDERSON & ASSOCIATE'
City of
Elk
River
City of Elk River
City Council
Resolution 2 1 -
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Majestic Oaks, Case No. P 21-04
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 June
7, 2021; 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 by the City Council of the City of Elk
River, Minnesota, as follows:
A. The proposed subdivision is consistent with the Chapter of 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.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a NATUREJ
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.
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.
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 21" day of June 2021.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
i
EXHIBIT A
LEGAL DESCRIPTION
Those parts of Section 17, Township 33, Range 26, Sherburne County, Minnesota described
as follows:
That part of the Northwest Quarter of the Southeast Quarter lying West of the County
Ditch;
The Northeast Quarter of the Southwest Quarter except the West 600 feet thereof;
That part of the Southwest Quarter of the Southeast Quarter lying West of the County Ditch
and North of the following described line: Commencing at the Southeast corner of the
SE1 /4 of the SW1 /4 of Section 17; thence West on the South line thereof 372.46 feet;
thence North 5°03' West a distance of 1044.82 feet; thence North 250 feet to a point
hereinafter referred to as Point "A"; thence East parallel with the North line of said SE1/4
of the SW1 /4 to the West line of said SW1 /4 of the SE1 /4 and the point of beginning of
the line to be described; thence continue on the last named course to an intersection with the
center line of said County Ditch and there terminating;
That part of the Southeast Quarter of the Southwest except the West 600 feet thereof lying
North of a line through the aforesaid Point "A" parallel with the North line of said said
SE1/4 of the SW1/4 and A strip of land 66 feet wide over and across the West 600 feet of
the E1 /2 of the SW1 /4, the Southerly line of which is a line through the aforesaid Point "A"
parallel with the North line of the SE1 /4 of the SW1 /4.
AND
The West 600.00 feet of the Northeast Quarter of the Southwest Quarter of Section 17,
Township 33, Range 26, in Sherburne County, Minnesota, Except that part that lies
Southwesterly of the Northeasterly right-of-way line of County State Aid Road No. 1, and
except that part that lies South of the following described line:
Commencing at the Southeast corner of the Southeast Quarter of the Southwest Quarter of
said Section 17; thence West on the South line thereof 372.46 feet; thence North 5 degrees
03 minutes West a distance of 1044.82 feet; thence North 316.00 feet; thence West parallel
with the South line of said Northeast Quarter of the Southwest Quarter to a point that is
600.00 feet East of the West line of said Northeast Quarter of the Southwest Quarter; which
point is the point of beginning of the line to be described; thence West parallel with said
South line to an intersection with the Northeasterly right-of-way line of said County State
Road No. 1, and there terminating.
EXCEPT the plat of LUNDBERG ADDITION, Sherburne County, Minnesota.
EXHIBIT B
CONDITIONS OF APPROVAL
1. A Development Agreement must be signed by the city and developer prior to
releasing the final plat for recording.
2. Park dedication be paid for the final number of dwelling units, at the applicable rate
when the subdivision is released for recording.
3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs
of the public improvements.
4. Upon completion of all improvements and acceptance by the city, a security or
warranty in a form acceptable to the city engineer must be secured.
5. Development Plan shall be approved by the city engineer prior to issuance of
building permits.
Staff approval of all updated site and engineering plans.
Any item or condition found that indicates the site is likely to yield information
important to prehistory 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.
i
Development Agreement
Majestic Oaks
Final Plat approved by the Elk River City Council
June 21, 2021
Development Agreement
June 21, 2021
Table of Contents
1.
Warranty of Developer.......................................................................................................................................
1
2.
Phased Development..........................................................................................................................................
1
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. 21-XX
EXHIBIT B
Legal Description
EXHIBIT C
Final Plat
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
Majestic Oaks
THIS AGREEMENT (the Agreement), made and entered into this 21s, day of June 2021, by and
between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of
Minnesota (the City), and Providence S & S LLC (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. 21-XX on June 21, 2021, (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 51.13 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 Majestic Oaks (the Development). A copy of the final plat is attached as
EXHIBIT C.
2. Phased Development.
(01) Preliminary 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 outlots, within two (2) years after preliminary plat approval. This two-year period
may be extended by the City.
(02) 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.
(03) 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 terms 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 berms, 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) ;
2
(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 (Wetland 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 S,:s� 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 Regulator,Lpprovals. 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 Developer. 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. 21-XX and to do so on or before October 31, 2021, 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 borings 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
4
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 .dxf file and .pdf formats, all prepared in accordance with City standards. All constructed public
utilities shall be field survaed after construction with all location, elevation, and data attributes
information. deliverable to the City in an approved sub -foot accurate GIS/GPS format.
(09) Ci r 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 faithfullyj2erform
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 b,
Developer for the installation and construction of all such Improvements, at no expense to the City_
(12) Warranty. Developer hereby warranties the workmanship and materials respecting such
Improvements for a period of two (2) years following the City's final acceptance of the Improvements
and agrees to repair or replace, as directed by the City, and at Developer's sole cost and expense, any
work or materials that become defective, in the sole opinion of the City, within said two (2) �ear period
even thouLyh notice thereof be given by the Citv after said two (2) vear period.
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) City 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 five percent (5%) 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 five percent (5%) 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
Three Hundred Seventy -Eight Thousand, Eight -Hundred Eighty -Three and 00/100 Dollars
($378,883.22). 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 Wetland 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.
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 third 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 ("SAC"), 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) Histor<. 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. Developer shall pay Park Dedication fees in the amount of Eighteen Thousand,
Five Hundred Thirty -Seven and 09/100 dollars ($18,537.09), ($1,425.93 per lot).
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. Landscaping. Developer agrees to install one over story tree in the boulevard of each Lot, and require
one additional over story, evergreen, or deciduous tree in the front yard of each Lot. For Lots not sold by April
31, 2022, Developer agrees to install one tree in the front yard of all unsold lots. All required trees shall meet
minimum size standards as outlined in Elk River City Codes.
(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 builder 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.
15. Surface and Groundwater Management.
(01) Dewatering. 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 satisf,
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) Grading. 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
9
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 corner
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 stormwater management activities
shall comply with the City MS4 permit.
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 first 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 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
10
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 Subdi"Tision 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 Homebujers. 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 three 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; 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) Regulatory 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.
11
(07) Severability. 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 third 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; 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:
12
If to the City at: City of Elk River
Attn: City Administrator
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Developer at: Providence S & S LLC.
Attn: Steve Rohlf
17094 Vance Street NW
Elk River, MN 55330
13
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed
on this day and year first above written.
CITY OF ELK RIVER
By:
John J. Dietz
Its: Mayor
By:
Tina Allard
Its: Clerk
DEVELOPER:
By:
Steve Rohlf
Its: Chief Manager
14
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
This 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 )
This instrument was acknowledged before me this day of
This instrument was drafted by:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Notary Public
by
15
EXHIBIT A
Resolution No. 21-XX
A-1
EXHIBIT B
Legal Description
Those parts of Section 17, Township 33, Range 26, Sherburne County, Minnesota described as
follows:
That part of the Northwest Quarter of the Southeast Quarter lying West of the County Ditch;
The Northeast Quarter of the Southwest Quarter except the West 600 feet thereof;
That part of the Southwest Quarter of the Southeast Quarter lying West of the County Ditch and
North of the following described line: Commencing at the Southeast corner of the SE1 /4 of the
SW1 /4 of Section 17; thence West on the South line thereof 372.46 feet; thence North 5°03' West a
distance of 1044.82 feet; thence North 250 feet to a point hereinafter referred to as Point "A"; thence
East parallel with the North line of said SE1/4 of the SW1/4 to the West line of said SW1/4 of the
SE1 /4 and the point of beginning of the line to be described; thence continue on the last named
course to an intersection with the center line of said County Ditch and there terminating;
That part of the Southeast Quarter of the Southwest except the West 600 feet thereof lying North of
a line through the aforesaid Point "A" parallel with the North line of said said SE1 /4 of the SW1 /4
and A strip of land 66 feet wide over and across the West 600 feet of the E1/2 of the SW1/4, the
Southerly line of which is a line through the aforesaid Point "A" parallel with the North line of the
SE1 /4 of the SW1 /4.
AND
The West 600.00 feet of the Northeast Quarter of the Southwest Quarter of Section 17, Township
33, Range 26, in Sherburne County, Minnesota, Except that part that lies Southwesterly of the
Northeasterly right-of-way line of County State Aid Road No. 1, and except that part that lies South
of the following described line:
Commencing at the Southeast corner of the Southeast Quarter of the Southwest Quarter of said
Section 17; thence West on the South line thereof 372.46 feet; thence North 5 degrees 03 minutes
West a distance of 1044.82 feet; thence North 316.00 feet; thence West parallel with the South line of
said Northeast Quarter of the Southwest Quarter to a point that is 600.00 feet East of the West line
of said Northeast Quarter of the Southwest Quarter; which point is the point of beginning of the line
to be described; thence West parallel with said South line to an intersection with the Northeasterly
right-of-way line of said County State Road No. 1, and there terminating.
EXCEPT the plat of LUNDBERG ADDITION, Sherburne County, Minnesota.
B-1
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X
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(SCALE IN FEET)
SCALE: I INCH = 100 FEET
t:
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CURVE ULTA BBQ145. LENzIll LINE @ERRING P157BNCE Kk, win
OAKS
OF ELK VER
SHERCITY
BURNE COUNTY, MN
1 17
VI CININ MAP
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PEDERSON & ASSOCIATE'
EXHIBIT D
Cost Estimate Form
Bogart, Pederson Project Name:
& Associates, inc. Project Location:
CIVILENGINEERING 7444a as lla4as • ,eAc4tmc .S64ob s """"" '
LAND SURVEYING Project Number:
Engineers Opinion of Cost for Majestic Oaks Plat
ITEM NO.
DESCRIPTION
UNIT QUANTITY
1
Mobilization
Lump Sum 1
2
1 Sawing Bituminous Pavement
Lin Ft .._
84
r&Grub
Acre 6.84
Construction Exit
, TM..,
Each �1
47Aggregate
Test Rolli
Lin Ft 1,541
Subgrade Pre -ration
Sq Yd 5,347
Base, Class 5
Ton 2,260
minous Material for Tack Coat
Gal 270
99
Bit Wearing Course Type SPWEA230C
Ton 454
10
Bit Non -Wearing Course Type SPNWB230C
Ton 757
11
CBMH W/Casting
Each 3
12
15" RCP Pipe Class 5
Lin Ft 708
13
18" RCP Pip, Class 5
Lin Ft 69
14
15" RCP FES
Each IT 4
15
LumpSum 1
16
nage
Each 3
17
Drais�er➢s
3
18ce,
klTrafficControl
Type MSS
6,217
19
erType320
� r
21
nchoring _
.rra 5.57
22
Se' PdMixture25-131
kr 1,225
23
Mulch Material Type 3
11.14
24
Infiltration Basin(seed, fine grading, maintenance during construction)
Each 3
25
Flex mat 8'x10'
Each 1
26
Flex mat 8'x12'
Each 3
27
Flex mat 8'x36'
Each 1
28
Erosion blanket
c., v A
is Oaks Plat, Providence
Elk River
it Price
D
Cost
.00
EXHIBIT E
Development Plan Checklist
Development Plan Requirements
1. Lot and block numbers
2. Street Names
3. Storm sewer alignment with top and invert elevations. Also Flared ends with invert elevations
4. Centerline Street elevations at 100 foot stations with high and low points
5. Centerline street percent grades
6. Cul-de-sac percent grade along curb
7. Building setback lines
8. Final Contours
9. All proposed driveway slopes
10. House pads with house style and elevations
11. Front and rear lot corner elevations
12. Spot elevations at the rear of the house pads if the drainage is to be directed around the house
pad to the front
13. Typical lot detail indicating where lot and house elevations are shown to.
14. Legend with type of house styles and grade difference for garage floor to walkouts or lookouts.
15. Lot dimensions to the nearest foot
16. Typical street section
17. Drainage arrows at high points and major grade changes
18. Existing and proposed easements
19. 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.
20. Wetland boundaries must be accurately shown
21. Development plan must be signed by a registered Land Surveyor or Engineer.
22. 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 oak -wilt, 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.
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EXHIBIT F
Purposely left blank
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EXHIBIT G
Consent of Mortgagee
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EXHIBIT H
Summary of Payments Due
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$18,941.611 Inspection Escrow JSection 9 01
$18,537.09 Parh Dedication Fee Section 12
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$37,478.70 Total
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