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4.3 SR 12-05-2022Request for Action To Item Number Mayor and City Council 4.3 Agenda Section Meeting Date Prepared by Consent December 5, 2022 Zack Carlton, Community Development Director Item Description Reviewed by Release of Development Contracts: Cherryhill Cal Portner, City Administrator Bluffs, Hillside Crossing South, and Oak Parc Reviewed by Plaza Action Requested Approve, by motion, the release of development contracts, as outlined in the attached document. Background/Discussion The city enters a development contract with developers when public infrastructure will be installed as part of their project. These contracts outline the inspection and review processes for the public infrastructure, the securities required of the developer, and the warranty period. Releasing the developers from these contracts is generally done at the request of the developer. The developer and the title company have asked the city to release the developer from the obligations outlined in four separate development contracts. These projects, Cherryhill Bluffs, Hillside Crossing South, and Oak Park Plaza were completed between 1993 and 1996, and the obligations of the developer have been met. Staff recommends approval of the attached document releasing the development contracts as outlined. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Attachments Recording Document Development Contracts The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 (reserved for recording information) RELEASE OF DEVELOPMENT CONTRACTS RELEASE OF DEVELOPMENT CONTRACTS granted this day of , 2022, by the CITY OF ELK RIVER, a Minnesota municipal corporation ("City"). WHEREAS, the City and Richard C. Foster, an individual person, entered into a Development Contract dated April 5, 1993 and recorded April 12, 1993, as Sherburne County Document No. 275019 ("Development Contract No. I"); WHEREAS, the City and Gerald Hagen, an individual person, entered into a Development Contract dated March 31, 1994, and recorded March 31, 1994, as Sherburne County Document No. 292456 ("Development Contract No. 2"); WHEREAS, the City and Phoenix Enterprises, LLC, a Minnesota limited liability company, entered into a Development Contract dated May 12, 1995, and recorded June 7, 1995, as Sherburne County Document No. 309530 ("Development Contract No.3"); WHEREAS, the City and Riverside Development Company of Princeton, a Minnesota corporation, entered into a Development Contract dated August 5, 1996, and recorded September 5, 1996, as Sherburne County Document No. 331639 ("Development Contract No. 4"); WHEREAS, all requirements of the development contracts have been met and there is no longer a need to have the development contracts recorded against the properties affected by the development contracts. NOW THEREFORE, be it resolved by the City of Elk River, Minnesota that Development Contract No 1, Development Contract No.2, Development Contract No. 3 and Development Contract No. 4 are hereby released from the properties identified in the foregoing development contracts. 224332v3 CITY OF ELK RIVER (Seal) John Dietz, Mayor Tina Allard, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 1202, by John Dietz and Tina Allard, respectively the Mayor and the City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt 224332v3 r w c R. (03 )' The Trunk Una Costi' to be paid tot esech ot n SubdivrisioIV, Will T3�oosand 8 ;� lots In . th,e ba � - (04)7, so certificate of. occupancp will b assuetd lot in the. Subdivisioh. .until.. theOnd Thousand Forty-Ift o ( , O F► oo) payment for Trunk l Line .Costs 44 (Q5) Payment. for . Trunk Line Costs shall ba made the Deverlopex directly to the Cityr and will be placard is sn escrow ,account at the City,. ,for application to. the costs o tho, 1 Trunk Lines when installed. : (06) No security will be required for paymnot of the Trunk — Costs. . �-?� - } : (07) xo additional aesseessawnts for Trunk Lines will-_ be lrviesi` a 1 by the City against the teen (10) residential Lots in the j Subdivision, and there will be no refund of the.Trxx] "M { Coats. ' (08) No Trunk Line Costs shall .be papaAIW at this time, for k the Outlot A portion of _ the Subdivision because of they unique ., physical characteristics of Outlot A : and the unique ' circumstances pursuant to which Outlot A. has�­been the Subdivision. However, if Outlat A' is subctequently replatted or proposed to be built upout Trunk Line cosh for w Outlot A in the amount of Three Thousand ,Light Hundred Dn:ilars ;. ($3,;800.00) per acre will be payable hef�orri a; Certificate, of Occupancy will be issued. 4.) s 3 � (Qi ) II2QnSala ag.nevelanr Yf. �before the:.ent re: - - p Improvement assessments against all-, lots, in the Subdivision 4 hav® been paid in, full:, they Developer, its heirs, succaese�aa�e or. assigns, tra offers ,such,proporty or a portion tiversaf; ens Developer hereby agrees for itself, its heirs, snccgssors.. assigns,, p+sy One hundred ,percent (100%) of they 'rnt ret unpaid; Improvement assessments than outetandlsng.agaiast tiffs: t Prop to be transferred:` I f any, - such transfer imt srade� before such special asses.amphts have been' levied, the Developer shall pay the City an amount e:gnal .,to one hundred,:, five percent ` (.10 5 %) . of the City' s estimate of the special as p ` assessgWmta for Improvemsnta .that Kill _be levA*d against t46 property; to .bit ttaleerresd: x (p2 } befoj* the esntiro coat of the improvements a4sseissod or to bi .assarssa against them-; neti�.ted properties is paid in ,fullr.;. tba � Developer, itS heirs, .succesaors or a�ssigAs: tequgst's ttts issuance,o a. c®rtificate of oc�upsacy for any lot or garce. 4 in, the _Subdivision, that Drrsl for Itself, oiler h�+sby ate, its heirssvccosso cs ar. _assf q , at its ors cvst:and Vie, w '' '•a v i �i a fi. f, 11 k� I '.. aTt M << ° ; 100%) .at the entjxo . unjjj)aid,� h `b lot assesaa to. br assessed under this:r �49044t. tbe.loi or parc* fox vbLch the certificate, u' Fri , w- .. s - z�equ tlld': ,Zf_ a ce=if3,cate o -occupancy is � � o fob sne�i sRpec al ass*rssmeats haw be*A levied, the jib+ g �?► shall per%. the City an .,amount equal. tQ one, hundred. 1 � pont (1054Y of the Citi 4 mare of ,0stithe special as,ssstents for :the xmpriwsment, that will be levied again t th :.yet or p►a►,FCP fo . WbIc,h thA certificate of occupancy 5. hre:4 t (03 "" In addition to .. e = r asno�ssuents' for 'Ia�provarnents to be installed by .the Cft-Ir for the Subdivision, Developer shall also prepay, ,in the same Mannaas aet lvrth- heroin for prepayment of the improvement ' esaesnts', , th+e 19Bi *+ever interceptor assessment, as i© • to the: individual lots in the Subdivision. `. (04f r— °c'- a i-.11 The •prepaywmts required pursuant to SUbsedtiong -Q1, 02 and 03 of this Section shall be deposited r with, the city or,: at the City'Sr. ,discretion, With an escrow R a�gas' i - and applied to the Citp's costs for installation of the . Improre�eenta ., Ii amounts. deposited exceed .the final assessed x costs-. faar the Improvemanta., the balance shall be refunded to Sri Of th � , '• l�'�Y ,.:, eindividual lots in Subdivision. the t In the event Devel oper a ioi.atoo any .of thee, coerenants . and.. agrompentS hereon contained .:. �o►r.,failw, to pay any iastallmoat of any special, assessrasnt . ,, lgVied pursu=t hij"W, or. any interest thereon, wh*n the same LA to be,paid pursuant, hereta, the City# ..at_ it$, optioa,' , in additkak to 'its others rights and remedies, by ,,xzi�ten notice to wel;Qp�►r may declarer ,a13 '.of,, the speoa.a e 4, aswrssmenta which . are then .estimated or levied pursuant to `. 3 ` thls:.4r nt: due and payable in full, With interest, and all `Y Of `the unpaid spscitit aasses�iments� with;. interest shall be rye x.:.M 'La ob or befor* th+e Say 31et or October 31st vhichever-. •is *fLa: newt_ .foilovinq the giving, of, such written notice td the O.v+s oPuns: ox tb* City at its option ,may demand to payraeut thereof I and ismeedl.atsrly-cosimeAce legal :. a"iow aga�no Developer to collect the -entire unpaid .balance r . of the apici4l, ass"meats` levier! and e*Uwted or le�►iea: n pn 0su"t herotoi with-Lat*XQSt#- including reasonable atGoDevrl shall be personally liakelo .for ;, suur.I : apati/ayi a sere scouts and, if more th&A. on$,, such liab3:3,3.t-y OitlfIf-A � t' full. sati.ae qMn Ot th* dSKUCAUQn agz�w#.. to �►ccept sad the Developer agreee to s y to tine a �;', owe�and t eNr Husdrrr �.:1loU43:6 (-43,15 .00 } s ava. sbAU Paid ta, t1a , City► to x .rta'Y ai _ 1 m;:x A`-i-' •��.-_tr..0 n, Svc r`r" ?��...c�';^, ,,,, w; +Y,sb�7 x! r .� tl or f .- ' 1�=e j.11SAAt Was aCIsAOYlAd }dAC�l* -:�A '% o! r' 'horse 1C. Ai 1. .19 '8nblic V - =IS ZNSTRUW= WAS MAMBD BYs LAMN, B:OFFMX, DALE 4 LINDQUN, Ltd- 1500 Nor"St Financial Canter 4 7900 7.4sxe8 Avenue, South Bloomington, minueasota 55437. E pIM } i i COUNTY RECORDER 514ERGUR. 00.1 Him PAT SSD�1 x 0X DEMM ki I. , , a F"R r1 a - v / .•',�s"" t,'e' .0 �Y� > .}�^Kflu't i �' . 7 ; !- S •tr :t _. f d3` L 5 g S A �, '} }� t _ ,• ;'. L Q P �.iA t .. rp DQS /R_**IM = P1 OFTU BWpS 5H$R8 C©tAi'1�C, k3�5'': v a '� : � ._.PKBsS06 f ` 292456 DEVELOPER AGREEMENT OAK PARC PI AZA THIS AGREEMENT, rude and entered into this LT day of A% 1994, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (the City), and C-ERALD HAGEN (the Developer); W I T N E S S E T H: 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 by resolution adopted on March 21, 1994, has granted final plat approval to the Subdivision, on the 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, 'WHEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) War _t of D vel o r - Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer is the fee owner of the Subdivision. 2.) Mro_v_emeats - No additional streets, sewer or water lines will be required to serve the Subdivision. However, a portion. of 193rd Avenue will need to be reconstructed following the installation of sewer and water lines past the Subdivision. Developer has agreed that the Subdivision will bear its fair share of the cost of this reconstruction, to be assessed in an amount not to exceed $23,650.00. Developer has also agreed to pay special assessments for trunk water and sewer facilities and for lateral sewer and water benefit as provided in this Agreement. 292456 3.) Levy of Special __s m n - Developer has agreed that special assessments shall be levied against the Subdivision for the cost of reconstructing 193rd Avenue, trunk and lateral utilities, and signalization of the intersection at 193rd Avenue and Highway 169, as follows: (01) Special assessments to be„gvied against Lot 1, Block Z - The following special assessments shall be levied against Lot 1, Block 1 of the Subdivision: Trunk Sanitary Sewer and Water $ 4,294-00 Lateral Sewer and Water Benefit 6,800.00 Signalization of 193rd/TH-169 Intersection 7,500.00 Total $18,594.00 (02) Special assessments to be levied against g3ajot A - The following special assessments shall be levied against Outlot A of the Subdivision: c $23,650.00 for Reconstruction of 193rd Avenue ° $3,800.00 per gross acre for Trunk Sanitary Sewer and Water ° Assessments for Lateral Sewer and Water Benefit shall be levied as provided by the City Assessment Manual at the time of replatting 4.) Payment of Special Assessments,- (01) Special assessments levied against Lot 1, Block 1, in the amount of $18,594.00, shall be paid in full prior to release of the final plat of the Subdivision for recording. (02) The special assessments against Outlot A identified in Section 3(02) of this Agreement shall be levied at the time utilities are made available or when Outlot A is replatted, and paid as provided in a subsequent Developer's Agreement to be entered into at that time. 5-) park Dgdi Lion - (01) Lot 1. Block 1 - In full satisfaction of the dedication requirements of Section 1008,18 of the Subdivision Ordinance, the City agrees to accept and the Developer agrees to pay the sum of $1,695.00, to the City, which Developer agrees is equivalent to the fair market value of the land which it would be required to dedicate to develop Lot 1, Block 1. The above sum shall be paid prior to release of the final plat for recording. (02) Outlot p - Park dedication shall also be required for development of Outlot A. The amount of land to be dedicated, or cash to be paid, shall be determined by the city Council at the time of the replat of Outlot A. 29245+6 6-) Additional Conditi (01) Future Phase - This Agreement authorizes development of and construction only on Lot 1, Block i, of the Subdivision. Development of or construction on Outlot A shall not be allowed until Outlot A is replatted and Developer or its successor in interest has entered into a Developer's Agreement providing for development of Outlot A. Final approval of the replat of Outlot A will be subject to such conditions as shall be imposed by the City Council at the time of final plat approval. (02) Development Plan - A development plan shall be submitted by Developer and approved by staff prior to commencement of construction within the Subdivision. The development plan will identify the general grading, storm/sedimentation ponding needs, finished floor elevations of buildings, and other such items as staff shall direct. Approval of the development plan may be contingent upon soil borings verifying elevations for proposed building pads_ (03) Additional R Qulato A r 1 - 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. (04) Street Lights - Developer shall install a street light at the southwest corner of 193rd Avenue and the easterly entrance drive, as directed by the Elk River Public Utilities- (05) Easements needed to accomplish storm drainage outside of the boundaries of the Subdivision must be provided by Developer prior to commencement of construction on the Subdivision. Developer shall also provide a drainage and utility easement along the southeast property line protecting the ridge and existing trees. This easement shall be a minimum of 30 feet in width and follow the southeast property line. The terms of this easement shall be reviewed and approved by the City. If this easement is vacated in connection with the development of Outlot A, the City shall waive the application fee for vacation of the easement. (06) The final plat shall dedicate a 50 foot drainage and utility easement through the Subdivision for the extension of trunk sanitary sewer and water main. This easement shall be located as directed by the City engineer. Developer shall also provide a temporary easement as required by the City engineer for construction of trunk sanitary sewer and water facilities. 3. 292456 (07) Developer shall pay to Elk River public Utilities a Water Availability Charge of $300 for Lot 1, Block 1, and provide evidence of payment to City prior to release of the final plat for recording. Water Availability Charges for Outlot A shall be paid at the time of replatting of Outlot A in such amount as the City shall require at that time. (08) Developer shall reimburse the City for the City's costs of reviewing the preliminary and final plat for the Subdivision prior to release of the final plat for recording. (09) Street signs shall be installed in the Subdivision by the City, and Developer shall reimburse the City for the costs of the street signs. 9.) general Provisions - (01) Buildincr and OcMangy PermitZ - If the Developer fails to comply with any of the provisions hereof, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. City will not issue any building permit for any lot or parcel in the subdivision until sewer and water are available to the lot and all roads are graded and gravel subbase and base have been installed and approved by the City Engineer and roads are ready for bituminous surfacing. City will not issue any Certificate of Occupancy for any building constructed on any lot or parcel in the Subdivision until all improvements are completed and approved by the City Engineer, except that a certificate of occupancy can be issued before bituminous surfacing of roads if such surfacing is not possible because of weather conditions. 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 a sale- Further, Developer agrees to save and hold the 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. (02) Bir.ding 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 any 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. .M 292456 (03) 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. (04) 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. (05) Notices - All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States snail 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 Attn: City Administrator P.O. Box 490 13065 Orono Parkway Elk River, Minnesota 55330 If to the Developer at: Gerald Hagen 3969 Plymouth Parkway Minnetonka, Minnesota 55305 (06) Final Plat Ar r val - The City's final approval of the Subdivision plat is hereby made conditional upon the execution and delivery of this Agreement and the City's receipt of all petitions, security and other items specified herein_ (07) Filing of Final Plat nd D v 1r Aa rn n - Before construction commences on the Subdivision, 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. (08) Incorporation. by Refer n - All plans, special provisions, proposals, specifications and contracts for the Improvements to be made pursuant 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. (09) 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 S. 292456 and Right to Object relating to the Subdivision executed by Developer. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF ELK RIVER B I Y= .� e A. Duitsman It� Mayor By: y Patrick D. Klaers Its: City Administrator DEVELOPER: JL-�i 1-m-L, STATE OF M 2MSOTA ) Gerald Hagen ) SS. COUNTY OF SHERBURNE) S The foregoing instrument was acknowledged before me this t day of 1A 1994, by Henry A. Duitsman and Patrick D. Klaers, the Mayor and City Administrator, respectively, for the City of Elk River, Minnesota. BREMDA LE EBNER Af + ar�ocourr Notary Public �. My c�snis an 1 8-26-98 STATE OF MINNESO`I`A ) ) SS. COU= OF SHERBURNE) The foregoing in trum.ent was acknowled ed before me this $. day of _( per 1994, bytS Lair R TARP PU a-C1a*R r ar AN co ry ' st�Ehat��+rE corjrrrY ota Public M jr 292456 THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. r 1500 Nowest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota SS431 (PKS ) 7. 292456 COUNTY RECORDER SHERIURNE Obi., MINN. PAT r nM u sm RY Y HAR 1 i PKB:IU7s 292456 EXHIBIT A LEGAL DESCRIPTION Recorded plat of record known as Lot 1, Block Z and Outlot A of Oak Parc Plaza., Sherburne County, Minnesota_ 8. PKB:IU7s a2n� n DEVELOPER AGREEMENT HILLSIDE, CROSSING SOUTH THIS AGREEMENT, made and entered into this _Z,�!: 7W day of 197 1995, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (the City), and PHOENIX ENTERPRISES, LLC, a Minnesota Limited Liability Company (the Developer); W I T N E S S E T H; 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 by Resolution No. 95-10 adopted on February 27, 1995, (attached as Exhibit B to this Agreement) has granted final plat approval to the Subdivision, on the 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 prenises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) Warranty Qf D v r - Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer is the fee owner of the Subdivision. 2.) mo ovemt n - No additional streets, sewer or water lines will be required to serve the Subdivision. However, a portion of 193rd Avenue has been reconstructed following the installation of sewer and water lines past the Subdivision. Developer has agreed that the Subdivision will bear its fair share of the cost of this reconstruction, to be assessed in an amount not to exceed $23,650.00. Developer has also agreed to pay 309530 special assessments for trunk water and sewer facilities and for lateral sewer and water benefit as provided in this Agreement. 3-) Levy of Special Assessments - Developer has agreed that special assessments shall be levied against the Subdivision for the cost of reconstructing 193rd Avenue and for trunk and lateral utilities, as follows: (01) $23,650.00 for Reconstruction of 193rd Avenue (02) $3,800.00 per gross acre for Trunk Sanitary Sewer and Water (03) Assessments for Lateral Sewer and Water Benefit as provided by the City Assessment Manual 4.) 2ayment gf Special - (01) Special=assessments have been levied against the Subdivision pursuant to Section 3(01) and (02) of this Agreement, and shall be paid in twenty (20) equal semi-annual installments, beginning May 1995, with interest on unpaid installments at the rate of one and one-half percent (1-5%) per annum above the rate at which improvement bonds for the Improvements are sold. (02) Special assessments shall be levied against the Subdivision pursuant to Section 3(03) of this Agreement and shall be paid in eighteen (18) equal semi-annual installments, beginning May 1996, with interest on unpaid installments at the rate of one and one-half percent (1.51-) per annum above the rate at which improvement bonds for the Improvements are sold. 5.) Land Dgdicatign - (01) ?park Dedication - In full satisfaction of the dedication reauirements of Section 1008.18 of the Subdivision Ordinance, the City agrees to accept and the Developer agrees to pay to the City the sum of One Thousand Five Hundred Dollars ($1,500) Der acre for Lots 1 and 2, Block I of the Subdivision, which Developer agrees is equivalent to the fair market value of the land which it would be required to dedicate to develop Lots 1 and 2, Block 1. The above sum shall be paid prior to release of the final plat for recording. Park dedication shall also be required for development of Outlot A. The amount of land to be dedicated, or cash to be paid, shall be determined by the City Council at the time of the replat of Outlot A. (02) Outlo-t B - Outlot B shall be deeded to the City for ponding and drainage purposes_ 6.) Additignal i i - Developer specifically agrees to each of the thirteen (13) conditions identified as Nos- 1-13 on Exhibit B to City Council Resolution No. 95-10 (attached as 2. 309530 Exhibit B to this Agreement), which conditions are hereby specifically incorporated into this Agreement and made a part hereof. Developer also agrees to the following conditions_ (01) Ph - This Agreement authorizes development of and construction only on Lots 1 and 2, Block 1, of the Subdivision. Development of or construction on Outlot A shall not be allowed until Outlot A is replatted and Developer or its successor in interest has entered into a Developer's Agreement providing for development of Outlot A. Final approval of the replat of Outlot A will be subject to such conditions as shall be imposed by the City Council at the time of final plat approval. (02) De_v__e1Qpment plan - A development plan shall be submitted by Developer and approved by staff prior to commencement of construction within the Subdivision. The development plan will identify the general grading, storm/sedimentation ponding needs, finished floor elevations of buildings, and other such items as staff shall direct. Approval of the development plan may be contingent upon soil borings verifying elevations for proposed building pads. (03) Additional Recalatory Apnrovals - 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. (04) Street- LzQh - Developer shall install appropriate street lighting along the access drive, as directed by the Elk River Public Utilities. (05) Easements needed to accomplish storm drainage outside of the boundaries of the Subdivision must be provided by Developer prior to commencement of construction on the Subdivision. (05) The final plat shall dedicate a 50 foot drainage and utility easement through the Subdivision for the extension of trunk sanitary sewer and water main and a separate drainage easement in the northeast area of the Subdivision for ponding. These easements shall be located as directed by the City Engineer. Developer shall also provide a temporary easement as required by the City Engineer for construction of trunk sanitary sewer and water facilities. (07) Developer shall pay to Elk River Public Utilities a Water Availability Charge of $300 per lot and to the City of Elk River a surface water management fee of $720 per acre for Lots 1 and 2, Block 1, and provide evidence of payment to City prior to release of the final plat for recording. Water Availability Charges and surface water 3. 309530 management fees for Outlot A shall be paid at the time of replatting of Outlot A in such amount as the City shall require at that time. (08) Developer shall reimburse the City for the City=s costs of reviewing the preliminary and final plat for the Subdivision prior to release of the final plat for recording. (09) Street signs shall be installed in the Subdivision by the City, and Developer shall reimburse the City for the costs of the street signs. 7.) Gen2ral provisions - (01) Building and Oggggancy PerMits - if the Developer fails to comply with any of the provisions hereof, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. City will not issue any building permit for any lot or parcel in the subdivision until sewer and water are available to the lot and all roads are graded and gravel subbase and base have been installed and approved by the City Engineer and roads are ready for bituminous surfacing. City will not issue any Certificate of Occupancy for any building constructed on any lot or parcel in the Subdivision until all Improvements are completed and approved by the City Engineer, except that a certificate of occupancy can be issued before bituminous surfacing of roads if such surfacing is not possible because of weather conditions. 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 a sale. Further, Developer agrees to save and hold the 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. (02) aLmd_ Ling- 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 any 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. (03) Sever_le - In the event that any portion of this Agreement shall be held invalid for any reason, the same shad not affect in any respect whatsoever the validity of the remainder of this Agreement. 4. 3109530 (04) 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. (05) NQtioes 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 Attn: City Administrator P.O. Box 490 13065 Orono Parkway Elk River, Minnesota 55330 If to the Developer at: Richard C. Foster, Chief Manager Phoenix Enterprises, LLC P.O. Box 279 Elk River, Minnesota 55330 (06) Final Plat Approval. - The City's final approval of the Subdivision plat is hereby made conditional upon the execution and delivery of this Agreement and, the City=s receipt of all petitions, security and other items specified herein. (07) Fi inq of Final —Plat —and DQv-gloper Acreement,- Before construction commences on the Subdivision, 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. (08) Ingornora i-on ,by Reference - All plans, special provisions, proposals, specifications and contracts for the Improvements to be made pursuant 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. (09) Io 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. 5. 303530 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OFfELK RIVER By: A. Duitsman It - Mayor � By: '� Patrick D. Klaers Its: City Administrator DEVELOPE PHO ERPRIc LLC By'- Richard C. Foster Its: Chief Manager STATE OF MINNESOTA ) ) SS. COUNTY OF SHERBURNE) The foregoing instrument was acknowledged before me this day of , 1995, by Henry A- Duitsman and Patra.ck D. Klaers, tY-e Mayor and City Administrator, respectively, for the City of Elk Rive , Minnesota. otary Public STATE OF MINNESOTA SS. D�YRAA. PtCr^AeR NEM COUNTY OF SHERBURNE) ' ^ SiiEffiUR3FE:WUNTY iyty Comma. EZpsrts,}a�.3t, 2DD0 ghe foregoinginstrument was ac owl dg d before e this 1 day of 1995, byC' Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARK_N, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (PKB) PKB:jQ9s 0DEMPM KAY KnLEWO a+MMYrUWWW- �t ur COMO= UMM 10-ft 309530 GOURT'f RECORDER SHERBURNE CO...41H.4. ,AT RAShi3"$OH �pUTY QCM 3()3543() EMIBIT A LEGAL DESCRIPTION DESCRIPTION OF PROPOSED "HILLSIDE CROSSING SOU f H" AS REVISED: Outlot A of the duly recorded plat of OAK PARC PLAZA, Sherburne County, Minnesota. AND Outlot A of the duly recorded plat of CHERRYHILL BLUFFS, said Sherburne County. AND that part of 'the West Hall -of the Southwest Quarter of Section 27, Township 33, Range 26, said Sherburne County, described as follows: Beginning at a point on the South line of said Outlot A of CHERRYHILL BLUFFS a distance of 116.17 feet east of the Southwest comer of said outlot A, as measured along said South line; thence South 2 degrees 41 minutes 32 seconds East for a distance of 160.00 feet; thence South 87 degrees 18 minutes 28 seconds West for a distance of 348.24 feet, more or less, to intersect the Easterly line of the night -of way of U.S. Highway No 169; thence northerly along said Easterly fine of the Highway right-cr - way Tor a distance of 166.70 feet, more or less, to intersect the South line of said plat of OAK PARC PLAZA, said Sherburne County, also being the westerly extension of said South line of Outlot A, CHERRYHILL BLUFFS; thence North 87 degrees 18 minutes 28 seconds East along said South line of OAK PARC PLAZA for 2 distance of 273.83 feet to said Southwest comer of Outlot A; thence continue North 87 degrees 18 minutes 28 seconds East along said South line of Outlot A for a distance of 116.17 feet to the Point of Beginning. 7. P-KB_JQ9s EXHIBIT B CITY COUNCIL RESOLUTION 95-ID 3045?0 E:R PKB:JQ9s 33JL(;3,9 DEVELOPER AGREEMENT CHF.RRYHML BLUFFS, FOURTH ADDITION THIS AGREEMENT, made and entered into this day of 'Atf, 1996, 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 CoNf?A y OF PRINCETON, a Minnesota corporation (tine Developer) and CROSS ENTERPRISES, LTD. (the Owner); WITNESSETH; WHEREAS, the Developer and Owner have made application to the City for approval of a fatal plat of land within the City described on Exhibit A attached hereto (the Subdivision); and WHEREAS, the City Council adopted Resolution No. 95-47 on April 11, 1996, (attached as Exhibit B hereto) granting f nal plat approval to the Subdivision, on The condition that Developer and Owner entcr 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 Mly comply with the Subdivision Ordinance; NOW, THEREFORE, in consideration of the premises and die mutual promises and conditions hereinafter contained, it is hereby agreed as follows: I -) ty of f Owner - Owner hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Owner is the fce owner of the Subdivision_ 2-) Ilmprovemenrs - In accordance with the plans reviewed by the City Engineer, the application materials submitted by Developer, the preliminary and final plats of the Subdivision, the City Council Resolution attached as Exhibit B hereto, and the applicable standards and ordinawas of the City, the following described improvements (the Improvements) shall be constructed and installed on the terms and conditions hereinafter contained- S2�,LTt►b + Sia eF--ZZ 96i�i 331639 (tit) Site grading to elevations shown in the approved grading and drainage plant (Size Grading); (02) Streets, as required by City, fncludi.ug ,grading, graveling and stabilizing, constructing and sodding of berms, swales and boulevards, permanent street surfacing with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing street Iights and street signs as required by Elk River Municipal Utilities and the City Street Department (Street Improvements); (03) Sidewalks and Trails, as required by the City (Sidewalk Improvements); (04) Storm severs, as required by the City, 'including all necessary catch basins, ditches, inlets, retention areas and other appurtenances (Storm Sewer Improvements); (05) Sanitary sewer laterals or extensions, as required by the City, including all necessary building services and other appurtenances (Sanitary Sewer improvements); (06) Watermain laterals or extensions, as required by the City, including all necessary building services, hydrants, valves and other appurtenances (Watermain Improvements); (07) Front yard trees as required by City Ordinance and aay additional Iandscaping improvements required by the City (Landscaping Improvements). 3.) natal ar' n of1m2rove a is - the following Improvements will be installed at Developer's expense by the Developer as hereinafter provided. (01) - The Developer will construct and install at Developer's expense the following Improvements according to the following terms and conditions: Site Grading Street Improvements Sidewalk Improvements StonII Sewer Improvements Sanitary Sewer improvements Watermain Improvements Landscaping Improvements (02) letio e - All Improvements shall be completed not later than December 31, 1997. (03) A a . - Any contractor(s) selected by the Developer to construct and install any Improvement must be derermined by the City to be acceptable and approved in writing. T?{I'J I24II3 N am 331639 (04) Constructign Pl= - The construction. irutallation, Mazerials and equipmem shall be in accordance with plans and specifications 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) 5=rvisioi2 and-City°c - 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 furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Improvements during and after construction for compliance with approved specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. (06) QEY Fee - Developer shall reimburse the City for all the City's costs and expenses incurred in the processing of the Subdivision and for review and supervision of plans and construction, which compensation shall be due and payable to the City within thirty (30) dsys following the receipt of a statement therefor. (07) FA=ents - The Developer shall convey to the City, prior to the commencement of construction of the Improvements and at no cast to the City, all Permanent and temporary easements for the installation and maintenance of the 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. (08) 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 such 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 the 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 the improvements. (09) Bd;hful Performance of Construction Comp t_ - Developer will fully and faithfully perform the installation and construction of the Improvements in accordance with the approved plans and specifications therefore and shall comply with ail 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. Developer hereby guarantees the workmanship and materials respecting such improvements for a period of one (1) year 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 one (1) year period even though notice thereof be given by the City after said one (1) year period. Pn 124113 3 T�MAVOOd Too -ON 98a B-=5LIT 95/�_'T/ge ` 331G39 (10) City Asygry!—am ='ThC Ci[y shxil acccp[, aC no cost, ownership of the Improvetnen.ts within thirty (30) bays following receipt by the City of notice from Developer that such Improvements have been completed, provided that such Improvements have been constructed in compliance with the plans and specifications therefor and City requirements with respect thereto as determined by the City. a.) Teter aDd Sewer Facilities - Developer acknowledges that the Subdivision has been assessed or will be by the City for trunk water and sewer facilities (Trunk Improvements), and agrees to make paytaent of the assessments levied against the Subdivision for Trunk Improv=cnts as required by the terms of this Agreement. Special assessments for the Trunk improvements shall be levied at the rate of Three Thousand. Eight Hundred Dollars (S3,800,00) per acne for the entire Subdivision and shall be apportioned equally to each of the tots within the: Subdivision. (01) 1122ILU e to u e - Developer hereby agrees for itself, its heirs, successors and assigns, to pay one hundred percent (100%) of the entity unpaid assessments for the Trunk Improvements then outstanding against any lot within the Subdivision upon the sale of that lot and home constructed thereon to a homebuyer. Developer will notify all lending institutions or persons involved M1 the sale of lots within the Subdivision of this prepayment requirement, and shall direct said lending institutions or others to make the required prepayments out of the proceeds of lot sales. Failure to mare prepayments as required by this Section 5 shall be a breach of this Agreement and City shall have the right to draw on the security provided by Developer under Section 8 hereof in the event of such a breach. If a lot is sold to a homebuyer before the special assessments are levied, the amount of the prepayment small be equal to one hundred five percent (105%) of the City's estimate of the special assessments that shall be levied against the property to be transferred. (02) ILemiji - The prepayments required pursuant to Subsection 01 of this Section shall be deposited with the City or, at the City's discretion, with an escrow agent. The amount so deposited and aqy accrued interest shall be credited to payment in full of the assessments against the lot(s) sold to homebuyers. Excess deposits shall be refunded to the owner of the affected lot. 6.) Default - (01) eau In the event Devcloper, or its heirs, successors or assigns, violates any of the covenants and agreements herein contained, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its other rights and remedies, by written notice of default given to Developer, may declare all amounts to be paid by Developer pursuant to this Agreement, including all of the unpaid special assessments which are Bien estimated or levied pursuant to this Agreement, due and payable in fall, with interest, M LU113 0 100'ON SzVLT V + gya 67-�T-ti 95/ZT,/90 - 33iG39 immediately, or on such date as the CiEy 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 Ciry'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 the unpaid balance of the special assessments levied or estimated pursuant hereto, with interest, including reasorable attorneys' fees. Developer shall be personally liable for such special assessments and, if more than one, such liability shall be ,point and several. (01) Fork Dedictation - In full satisfaction of the dedication requirements of Section 1008.I8 of the Subdivision Ordinance, Developer agrees to pay and the City agrees to accept, the sum of $8,000.0D, which Developer agrees is equivalent to the fair marker value of the land which it would be required w dedicate. The above sum shall be paid prior to release of the fiaai plat for recording. S.)Security far Develo is Pe ormance (01) No work shall be commenced under this Agreement, and the Final Plat of the Subdivision will not be executed by the City or released for recording, until the Developer has filed with the City Clerk a cash deposit or an irrevocable and unconditional arter of Credit substantially in the form attached hereto as Exhibit C from an Elk River bank acceptable to the City, or some equivalent security acceptable to City in its sole discretion, in the amount of Seventy -Seven Thousand Eight Hundred Fifty Dollars ($77,850.00). Said Letter of Credit shall 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 ditty or obligation of Developer pursuant to this Agreement, including Developer's obligations to complete Developer Improvements, to complete Landscaping Improvements, and to make payment of special assessments levied pursuant hereto, wbether accelerated or otherwise. (02) The security provided in accordance with the above shall be released upon inspection and approval by City of Developer installed improvements, except that. { 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, incIud*Mg she total assessments, interest and penalties outstanding at the release date, and (b) the security will not be released below Twenty Thousand Dollars (520,000.00), until all special assessments levied pursuant to this Agreement have been paid in full and all other obligations of Developer M IZCII3 OZO/900C{ M TN 96/£l!g ' 331639 IN WI'TNP-SS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above write, CITY OF ELK RIVER By: Sandra Thackeray Its: City Clerk DEVELOPER RIVERSIDE DEVELOPMENT CO7Z,4�/ F PRINCETON B: RichardC. Foster Its President STATE OF MINNF.SOTA } )SS. COUNTY OF SHERBURNE ) The foregoing i ent was a wli before me this � da a 1996, by 4% ��milesota. ndra Thackeray, the Mayor and City Clerk, rMectiveIy, for the City of Elk Riv !(0MARLON P. GUNES NOTARY M=t-MWOOu 1my Comm BqXj1M"7j'M0 M ]iat13 3 l6Tjd ;OO[N bL[bb 4- aw £ii:El 96/EE/% 331639 under this Agrccme= have bccn Ufillcd. including Developer's obligation to insmall required Landscaping Improvements. 4-) Additional Conditiou- Developer specifically agrees to each of the conditions attached as Exhibit B to City Council Rcsoludon No. 9547 (attached as Exhibit B to this Agreement), which conditions are hereby specifically incorporated into this Agreement and made a part hereof. Developer also agrees to the following conditions: (01) F-gsurr, Phases - The Subdivision is one phase of a multi -plat development proposed by Developer. Subdivision of future phases shall be subject to such conditions as shall be imposed by the City Council at the time of final plat approval of each phase. (02) v o - A development plan shall be submitted by Developer and approved by staff prior to issuance of any building permit within the Subdivision. The development plan will identify, for each lot in the Subdivision, the lowest floor elevation, garage elevation, drainage, and such other items as staff shall direct. Approv$I of the development plan may be contingent upon soil borings verifying elevations for proposed house pads. (03) Additional Re la10 _A rovals - 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 National Pollutant Discharge Elimination System permits for grading; Department of Natural Resources permits for dewatering; andlor Army Corps of Engineers permits for constmction3 of sedimentation ponds. (Q4) Micr and StormLe e -Developer shall pay water availability charges and surface water martagcrment fens prior to release of the final plat for recording. (05) City Cots - Developer shall reimburse she City for the City's costs of reviewing the preliminary and fmg plat for the Subdivision. Reimbursement of City costs shall be made within thirty (30) days of mailing of a bill to Developer for costs. (06) e i ate, - Developer shall pay the City for first sealcoat ng of streets within. the Subdivision in the amount of Eight Hundred Fifty Dollars ($850.00). This amount shall be paid prior to release of the final plat for recording. (07) Erosion Control - Developer shall comply with Best Management Practices, as directed by the City Engineer, to control wosiorn on the Subdivision. Erosion control measures shall include: • The placement of silt fencing or suitable altetxnarive as approved by the City Engineer around all areas within the Subdivision where natural ground cover has been removed and not replaced. This requirement M I7AI13 6 iEOiLOOd ZOOON sabLTbb f 128a ZtptZI 36/£T.r9@ 33i(;3s includes individual homebuilding sites to control erasion into sags and storm Sower$. The clearing of all City streets within one-half (112) mile of the Subdivision at least once per week, and more often if directed by the City agincer. The clearing of all on -site and au down -gradient off -site City storm sewers if determined necessary by the City Engineer because of erosion from building sites within the Subdivision. (01) Building Permits - City will not issue any building permit for any lot or parcel in the Subdivision until all roads necessary to access the lot are complete to the point of having the first layer of asphalt paving in place, except that- (1) building permits will be issued if all roads necessary for access to the lot are graded, gravel subbase and base have been installed and approved by the City Engineer, and are ready for bituminous surfacing, and Developer enters into a Road Maintenance Agreement with City in the form attached as Exhibit D to this Agreement for snowplowing and maintenance of roads until acceptance of the Improvements by the City; and (H) issuance of a building permit may be authorized by the Building and Zoning Administrator for one or more model homes prior to the graveling of roads if the City Engineer determines, with respect to each lot. that alternative access to that lot is available and is sufficient to allow construction to proceed. ,any model home constructed pursuant to early issuance of a building permit may not be open to the public as a model until all roads necessary to access the home have been graded, gravel subbase and base have been installed and approved by the City Engineer, and are ready for bituminous surfacing. (02) t a p - City will not issue a certificate of occupancy for any building constructed on any lot or parcel in the Subdivision until all Improvements are completed, approved by the City Engineer and accepted by the City, except that: (i a certificate of occupancy will be issued where all Improvements have been completed except the final layer of asphalt paving; and issuance of a certificate of ocanpuzcy can be authorized by the Building and Zoning Administrator prior to the acceptance of the Improvements if the City Engineer deterrnirnes that all roads necessary to access the home am graded, gravel subbase and base have been installed and Pn IZLi13 7 331639 approved by the City FXglacer, and am ready for birurninous surfacing, and Developer has entered into a Road M2intenar a Agreement with City in the form attached as Exhibit D to this Agreement for srwwplowin and maintettanc a of roads until acceptance of the .Improvements by City. (03) PN t'ce 19 110mebuyers- If the Developer fails to comply with any of the Provisions of this Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the Subdivision of the existence of this Agreement and the obligations and restrictions created herein prior to the completion of the sale. Further, Developer agrees to save and hold City harmless from any and all claims or actions arising from the right to withhold the issuarice of such permits and certificates and from other provisions hereof. 11.) G—encral Provisions - {Dl) indi ec - The term and provision 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 any part of the Subdivision and shall be deemed covenants: running with the land. References herein to Developer, if there be more than one, shaiI mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encarribrances of all or any part of the Subdivision, and all recording fees, if any, shall be paid by the Developer. (02) &yMb1M - In the event that arty 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. (03) Waived - Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will nor operate as or be construed to be a waiver of any subsequent breach of this Agreement. (04) Noti - 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: M 121113 City of Elk River Attu; City Administrator P.Q. Box 490 13065 Orono Parkway Elk River, Minnesota 55330 S �EiToe-ON Sja 119-2T 96/'5-"T/9e _ _ . 333G33 If to the Developer at: Richard C. Fostcr, President Riverside Development Company of Princeton 19230 Eva= Street Ells River, Minnesota 55330 (05) Final lat ApDIQvLal - The City's final approval of the Subdivision plat is hereby made conditional upon the execution and delivery of this Agreement and the City's receipt of all petitions, security and other items specified herein. (06) filing of Final Plat and Develo er A Ieement - Before constructioa 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, LwIess the City Building and Zoning Administrator authorizes in writing the: commencement of limited construction activities. C0 ea } e f—qr PcrfQ== by Dove . Except as otherwise provided herein, Developer agrees to perform all acts requited by the Subdivision Ordinance, other applicable ordinances and the terms and conditions of Subdivision approval established by the City and to do so on or before March 25, I997. (09) 1wQ!PQra1iQn „ -.WOMB—ce - A l plans, special pmvisions, proposals, specifications and contracts for the Improvements to be made pursuant to this Agreement shall be and hereby we made a part of this Agreement by reference as fully as if set forth herein in full. (09) NO Ba 2 - This Agreement is in addition to and is not in replacement Of the terms and conditions of the Petition for Public Improvements and WaLiver of Right to Public Hearing and Right to Object relating to the Subdivision executed by Developer. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year fiat above written. PX2 IU123 N C£I'Y OF ELK RIVER By. L a€ At e A. Duitsman Its:'Mayor By. Patrick D. Klaers Its; City Administrator OZ&T6d T00 *0M evja TtR tZT SG/ZT/CA " 331639 DEVELOPER: RIVERSIDE DEVELOPMENT COMPANYPR.INCETON B Y Richard C. Foster Its President OWNER: CROSS EN RISES, LTD. By: STATE OF MINNESOTA ) )SS. COUNTY OF SHERBURNE ) The foregoing .-� g lag intrumcnt was acknowledged before me this day of , 1996, by Henry A. Duitsman and Patrick D. Klaers, the Mayor and City Adtfinistrator, respectively, for the City of Elk River, Minnesota. STATE OF MIN%1'ESOTA ) )ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this _Led$y of 1996, by Richard C. Foster, the President of Riverside Development C any of Frhzc Mn, a Minnesota corporation, on behalf of the corporation. �DaWM Nx >aU� �or,�xr �+�uc--Vwcsou errsMMUM 1-ra M 124I13 10 W&IT Tod TOB ION SZOLTbb �- M4 ZV 'SZT 9G,1ZT /% STATE OF MIIVNESOTA ) )55. COUNTY OF SHERBURNE ) 331639 The foregoing irlstrzl nt was a ka Iedged before c this-Z� day of ° r , 199S, by ,At 0Vi,ev C . Arr� ,the /2�,,R �r� of Crays Enterprises, Ltd., a Minnesota corporation, on behalf of the corporation. Notary !UlARI L FREIBERG WTIW,Y M9M-NNN=TA TI-IIS INSTRUMENT WAS DRAFTED BY: ,+YC�nrm �rrsJ�r.3i.2oa - -__W --- DOHF,RTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIATION 3500 Fifth Street Towers 150 Fifth Ave=c South Minneapolis, Minnesom 55402 W 124I13 11 e2rzrod TOWCO ztp:zz 1/9e FaMIT A 3 a31.6a39 LEGAL DFSGRUMON af'--lot $, CZMMYRZLL BLUFFSr Sherb=na: Coz=tYr XL,-mesotat, acco�r to the record Plat thereof. 1►14-91 'mat Part Of the- Southeast Quarter of Section 21 r TO-Wnshi-0 33, age 261 Shg=bU-1-1e Cauntyr Mi=esotar described as follows: Bedn nag at tee northwest corgi t-X 'Of Lot 3 ' Bjo Bji�v'S SECOND AD1=01T, Sherbur a CounLyr• : nneso ta, accor-dizg 4.c the I-eco=-d plat thereof t thence northures terly a? Ong tee easter? 3' right- o_ wag line of U.S. Highway Mo. '169 to the ?.ntersectiorz writh a 2:Uie hereinafter reie.' . f.'d to as , "Line A11 f th-e-t2ce no=theaster°?g and easterly along said "L-ne IV" to the solat�west carser a, saL Oz t-lot B j thence north 37 degrees 18 ninu:.es 28 seccsr_ds ear assured hearing, a distance of 525. gD feet along the south i ea t, said ott ct 3 and its eastr�rty ext€ nsian to the east Unie of the. We�stt elf of Said Southeast Quarter; thence South 01 degrees 45 minutes 40 seconds East along said east line of the West Bales of the SGutheas t ¢ua'-te�- a cii.stance of 658_22 feet to the norther carer of said plat of az_F_RRv,. qZLL ELD-.?ES S=.COND ADDIT10-n thence west€ nc3r-�FresterlY, 'westerly and southwesterly along said 7$r northheriy line to the point of beg— in.-ning. Said "Line k" is described as follows: B�nj=g at �e SauIL-hsscst corner a �e &bove said 0-.zt3at 3t --ems BLi -r Fs; thence Souk 87 degrees 13 =LY:z t- Zs seconds West, assuMed bearing, along the westerly exte,-is;on of twe sceth line of said Qutlot B, a d ,-anea of Z3 € . H3 f egt thence South 25 degrees 5Z minutes 06 seconds Was- a 'distance of 105_ 62; thence Sox tM 63 degrees 37 ni=u as oa seconds west a distance of 302.94 feet to 'the east ri ht of bray 1i.je of G.S. Highway M69 a:id said 'ILL -le A== there tex=d=ting, FXMSIT $ 331939 CITY COUNCIL RESOLLMON 95-47 P" 121113 ea?.Vred TOO'ON szbLrbm + aNa ztr;lZT 96/lZ'T/% STATE aF MrqNESOTA ) )ss. COUNTY OF SHERBURNE j 331639 go The foregoing instnunent was acknowledged before me this day of 19$6, by Richard C. Foster, the President of Riverside Development Company of Princeton, s Minnesota corporiLtion, on behalf of the cozporati 14�h�LQN P. GUNES ARY FVKX - mh%MTA, } Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIATION 3500 Fifth Straet Towers 150 South Fifth Street Minneapolis, Minnesota 55442 (PKB) PXII 124113 4 331639 •. r-• .. r..., �u"V.r i�tIR14. "k TY 'S6 SEP 5 Rn 10 01 0aa,1d 700"ON &ZOLTbb <- ENG Vb=zT 96f£Tr9d