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4.13 SR 06-20-2022Request for Action To Item Number Ma Tor and CinT Council 4.13 Agenda Section Meeting Date Prepared by Consent June 20, 2022 Zack Carlton, Communit�r Development Director Item Description Reviewed by Planned Unit Development Agreement Cal Portner, Citv Administrator Caribou Cabin Reviewed by Action Requested Approve, byT motion, the PUD agreement for the Caribou Cabin project. Background/Discussion On April 18, 2022, the Cit�r Council approved the Planned Unit Development (PUD) request foY a Caribou Cabin. The approval includes one drive-thru on1�T coffee shop along `vith limited outdoor seating. The conditions of approval for the PUD require a PUD agreement be approved byT the cityT and recorded `vith Sherburne CountyT. The attached PUD agreement outlines the uses, site plan, and landscape plan for the development. riny substantive changes to the approved site plan or use will require review and approval byT the CinT Council. Financial Impact None Mission/Policy/Goal The development supports the growth and development of commercial uses in the do`vntown area. Attachments ■ Caribou Cabin PUD Agreement The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Up�iited.• August 2020 PLANNED UNIT DEVELOPMENT AGREEMENT FOR Elk River Caribou Cabin THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), made and entered into this 20h dayr of June, 2022, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of l��innesota (the Cityr) and LOWELL 10 PARTNERS, LLC (the DevelopeY); WITNESSETH: WHEREAS, Developer has made application to Cittr for approval of a Conditional Use Permit to develop a detached townhome development (the Project) as a Planned Unit Development (PUD), pursuant to Section 30-1564 of the Elk RiveY City Code of Ordinances, on certain propertyT located `vithin the CityT and described on E�ibit A attached hereto (the Subdivision); and WHEREAS, the purposes of the PUD Agreement are to set forth the standards, uses and procedures for development of the Project as a Planned Unit Development; NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereafter contained, it is herebyT agreed as follows: 1.) Warrant�T of Develo�er - Developer hereby warrants and represents to CityT, as inducement to Cit�T's entering into this PUD Agreement, that Developer is the fee owner of all of the properties located �vithin the Subdivision. Developer further represents that it may sell the parcel to third parties unrelated to Developer (Third Parties). This Agreement shall be binding on Third Parties. 2.) Develo�ment - The Project shall be developed in accordance with the following plans attached as e�ibits hereto, subject to obtaining site plan approval for all proposed site improvements provided by this PUD Agreement: Exhibit B — Site Plan Exhibit C — Landscape Plan 3.) Uses - (01) Permitted Uses — Permitted uses shall include only the following uses: (i) Drive-thru onl�� restauYant. 4.) Approval bv Cit�r - Cityr hereby approves the PYoject as shown in the attached exhibits provided, ho`vever, that insofar as the exhibits varyT from the �vritten terms of this PUD Agreement, the written terms shall govern. This approval is subject to individual site and building plan review and approval as follows: (01) The City may, when approving individual site plans, impose such conditions as it shall deem necessaryr to ensuYe that the PYoject complies with the Yequirements of this PUD AgYeement, as amended from time to time, the Conditional Use Permit, as amended from time to time, and the CityT Code of Ordinances. 5.) Maintenance of Project AYeas - (01) Litter Control - Developer and all Third PartyT owners of lots within the Subdivision shall pick up litter as needed, at least once per month (except during �vinter �veather), from: (i) all parking and landscaped areas on their propertyT (ii) public rights-of-way adjacent to their propertyT. (iii) wetlands and storm water features adjacent to the propert�T. (02) EnfoYcement - Failure of DevelopeY oY a Third Partyr to meet its maintenance obligations under this paragraph will be grounds for CityT to invoke against that partyT anyT remedyT which CityT has under this PUD Agreement. 6.) Remedies - Should Developer or a Third PartyT breach anyT of the terms and conditions of this PUD Agreement, and if such breach is not cured `vithin thirtyT (30) dayTs after written notice, or if such cure shall reasonabl�T require longer than thirtyT (30) dayTs to cure within such longeY period as shall be Yeasonably necessary to cure such bYeach provided Developer or the Third PartyT commences cure within such thirtyT (30) dayT period and diligently proceeds to cure such breach thereafter, CityT shall have any or all of the following Yemedies against the paYtyr who has bYeached: (01) Withhold issuance of building permits or certificates of occupancyT for anyT structure within the Project; (02) Halt construction on public improvements not commenced or not completed; 2. (03) Institute prosecution of Developer or the Third Party under the relevant provisions of the Cit�T Zoning Ordinance; (04) Institute a civil action to compel compliance or recover damages or both. 7.) General Conditions - If Developer or a Third PartyT fails to complyT `vith anyT of the provisions hereof, CityT ma�T refuse to issue to the Party in breach a building permit or certificate of occupancy for any lot oY parcel in the Project. DevelopeY agYees to advise purchasers of the lot or parcel of the existence of this PUD Agreement and the obligations and restrictions created herein prior to the completion of a sale. Further, Developer agrees to save and hold Cittr harmless from anyT and all claims or actions arising from the right to `vithhold the issuance of such permits and certificates and from other provisions hereof. 8.) 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 Third Parties or other future owners of all or anyT part of the PYoject, and shall be deemed covenants Yunning with the land. This agYeement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or anyT part of the Project, and all recording fees, if any, shall be paid byT Developer. 9.) Severable - In the event that any portion of this PUD Agreement shall be held invalid foY an�r reason, the same shall not affect in any Yespect tivhatsoeveY the validityr of the YemaindeY of this PUD AgYeement. 10.) Waiver - AnyT waiver, �uhether express or implied, b�T an�T partyT of a breach of an�T provision of this Agreement, will not operate as or be construed to be a`vaiver of anyT subsequent breach of this Agreement. 11.) Notices - r1ll notices and demands specified heYein shall be deemed appropriately and timelyT given when delivered personally or deposited in the United States Main to the addresses heYeinafter set forth by cerrified mail (return Yeceipt requested). The addresses of the parties hereto are as follo`vs until changed byT written notice given as above: If to the CityT at: CityT of Elk River Attn: Cit�T Administrator 13065 Orono PaYk�vay Elk RiveY, Minnesota 55330 If to the Developer at Lowell 10 Partner, LLC Atm: Dustin Heggem 564 Dodge Ave, Suite A Elk River, MN 55330 3. 12.) Incor�oration bv Reference - All plans, special provisions, proposals, specifications and contracts made or to be made pursuant to this PUD Agreement shall be and hereby aYe made a part of this PUD Agreement by Yeference as fully as if set forth herein in full. 13.) Entire Agreement - This PUD Agreement, together with the exhibits attached hereto, sets foYth the entire undeYstanding bet�veen the parties, theYe being no terms, conditions, `varranties or representations other than those contained herein, including the exhibits hereto, and no amendments hereto shall be valid unless made in writing and signed by all the parties hereto. This instrument was drafted byT: The City of Elk River 13065 OYono PaYkway Elk RiveY, MN 55330 a IN WITNESS WHEREOF, the Cityr and the DevelopeY have caused this PUD AgYeement to be dulyT executed on the dayT and yTear first above `vritten. STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER ByT: John J Dietz Its: MatiroY Bv: Tina Allard Its: Cit�r Clerk DEVELOPER: Dustin Heggem Its: Chief ManageY ss. The foregoing instrument `vas ackno`vledged before me this day of , , by John J Dietz and Tina Allard, the Mayor and CityT Clerk, respectivelyT, for the CityT of Elk River, Minnesota. STATE OF MINNESOTA COUNTY OF SHERBURNE NotaryT Public ss. The foYegoing instrument was acknowledged befoYe me this dayr of , , by Notar�r Public 5. EXHIBIT A LEGAL DESCRIPTION THAT PART OF LOTS 9 AND 10, BLOCK 1, VILLAGE OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA ACCORDING TO THE PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, SHERBURNE COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 10, BLOCK 1, VILLAGE OF ELK RIVER; THENCE NORTH 11 DEGREES 23 MINUTES 10 SECONDS EAST ASSUMED BEARING ALONG THE WESTERLY LINE OF SAID LOT 10, BLOCK 1, VILLAGE OF ELK RIVER A DISTANCE OF 77.06 FEET TO THE SOUTHERLY RIGHT OF WAY OF STATE TRUNK HIGHWAY NO. 10; THENCE SOUTH 64 DEGREES 24 MINUTES 56 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY OF STATE TRUNK HIGHWAY NO. 10 A DISTANCE OF 154.64 FEET; THENCE SOUTH 11 DEGREES 23 MINUTES 10 SECONDS WEST A DISTANCE OF 39.98 FEET; THENCE NORTH 78 DEGREES 35 MINUTES 43 SECONDS WEST A DISTANCE OF 150.11 FEET TO THE POINT OF BEGINNING AND THERE TERMINATING. AND LOT 11, BLOCK 1, VILLAGE OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA ACCORDING TO THE PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, SHERBURNE COUNTY, MINNESOTA. /_1�1�7 THE NORTHERLY 26.55 FEET OF LOT 12, BLOCK 1, VILLAGE OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA ACCORDING TO THE PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, SHERBURNE COUNTY. 6. EXHIBIT B Site Plan 7. EXHIBIT C Landscape Plan 8.