4.11 SR 12-19-2022
Request for Action
To Item Number
Mayor and City Council 4.11
Agenda Section Meeting Date Prepared by
Consent December 19, 2022 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Planned Unit Development Agreement: Lund
Zack Carlton, Community Development Director
Recreational Storage
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Planned Unit Development (PUD) agreement for Lund Recreational Storage
Background/Discussion
The conditions imposed by the City Council for the approval of the Conditional Use Permit for the Lund
Recreational Storage PUD included a requirement that a PUD Agreement be signed. The agreement
establishes performance standards and outlines the responsibilities of the developer to the satisfaction of
the city.
Staff drafted a PUD Agreement outlining these responsibilities and is seeking Council approval. The
developer agrees to the entirety of the attached agreement.
Financial Impact
None
Attachments
Lund Recreational Storage PUD Agreement
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
Lund Recreational Storage
THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement),
th
made and entered into this 19 day of December 2022, by and between the CITY OF ELK
RIVER, a municipal corporation organized under the laws of the State of Minnesota (the
st
City) and 171 Avenue, LLC (the Developer);
W I T N E S S E T H:
WHEREAS, Developer has made application to City for approval of a Conditional
Use Permit to develop a residential subdivision (the Project) as a Planned Unit Development
(PUD), pursuant to Section 30-1564 of the Elk River City Code of Ordinances, on certain
property located within the City and described on Exhibit 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 hereby agreed as follows:
1. Warranty of Developer - Developer hereby warrants and represents to City, as
inducement to City’s entering into this PUD Agreement, that Developer is the fee owner of
all of the properties located within the Subdivision. Developer further represents that it
intends to sell some or all of the parcels within the Subdivision to third parties unrelated to
Developer (individually, a “Third Party” and collectively, the “Third Parties”). This PUD
Agreement shall run with the land and shall be binding on Third Parties and The term
“Developer” as used in this PUD Agreement shall mean the Developer or such Third
Parties as successor owners of the property within the Subdivision.
2. Development - The Project shall be developed in accordance with the following
plans attached as exhibits hereto, subject to obtaining site plan approval for each parcel
within the Subdivision as provided by this PUD Agreement:
Exhibit B – Final Plat
Exhibit C – Site Plan
Exhibit D – Grading/Drainage and Erosion Control Plan
Exhibit E – Landscape Plan
Exhibit F – Building Elevations - Architectural Design Standards
3. Uses
(1) Permitted Uses
i. Ministorage
(2) Accessory Uses
i. Signs as permitted in section 30-851 et seq
4. Approval by City - City hereby approves the Project as shown in the attached
exhibits provided, however, that insofar as the exhibits vary from the written 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:
(1) The City may, when approving individual site plans, impose such conditions
as it shall deem necessary to insure that the Project complies with the
requirements of this PUD Agreement, as amended from time to time, the
Conditional Use Permit, as amended from time to time, and the City Code of
Ordinances.
5. Remedies - Should Developer or a Third Party breach any of the terms and
conditions of this PUD Agreement, and if such breach is not cured within thirty (30)
days after written notice, or if such cure shall reasonably require longer than thirty
(30) days to cure within such longer period as shall be reasonably necessary to cure
such breach provided Developer or the Third Party commences cure within such
thirty (30) day period and diligently proceeds to cure such breach thereafter, City
shall have any or all of the following remedies against the party who has breached:
(1) Withhold site plan approval for undeveloped lots;
(2) Withhold issuance of building permits or certificates of occupancy for any
structure within the Project;
(3) Halt construction on public improvements not commenced or not
completed;
(4) Institute prosecution of Developer or the Third Party under the relevant
provisions of the City Zoning Ordinance;
(5) Draw upon any financial security provided the City to assure compliance;
(6) Institute a civil action to compel compliance or recover damages or both.
6. General Conditions - If Developer or a Third Party fails to comply with any of the
provisions hereof, City may refuse to issue to the Party in breach of a building permit
or certificate of occupancy for any lot or parcel in the Project. Developer agrees to
advise purchasers of any lot or parcel within the Subdivision 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 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.
7. 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 any part
of the Project, and shall be deemed covenants running with the land. 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 Project, and all recording fees,
if any, shall be paid by Developer.
8. Severable - In the event that any portion of this PUD Agreement shall be held
invalid for any reason, the same shall not affect in any respect whatsoever the validity
of the remainder of this PUD Agreement.
9. 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.
10. Notices - All notices and demands specified herein shall be deemed appropriately
and timely given when delivered personally or deposited in the United States Main 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
13065 Orono Parkway
Elk River, Minnesota 55330
763.635.1000
If to the Developer at: 171st Avenue, LLC
Joshua Lund
19532 Upland St NW
Elk River, MN 55330
11. Incorporation by Reference - All plans, special provisions, proposals, specifications
and contracts made or to be made pursuant to this PUD Agreement shall be and
hereby are made a part of this PUD Agreement by reference as fully as if set forth
herein in full.
12. Entire Agreement - This PUD Agreement, together with the exhibits attached
hereto, sets forth the entire understanding between the parties, there being no terms,
conditions, warranties 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 by:
The City of Elk River
13065 Orono Parkway
Elk River, MN 55330
IN WITNESS WHEREOF, the City and the Developer have caused this PUD Agreement
to be duly executed on the day and year first above written.
CITY OF ELK RIVER
By: ______________________________
John J Dietz
Its: Mayor
By: ______________________________
Tina Allard
Its: City Clerk
DEVELOPER:
_________________________________
Joshua Lund
Its: Owner
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ______
day of _______________, _______, by John J Dietz and Tina Allard, the Mayor and City
Clerk, respectively, for the City of Elk River, Minnesota.
________________________________
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ______
day of _______________, _______, by ___________________________________
__________________________________________________________.
________________________________
Notary Public
EXHIBIT A
Legal Description
Outlot F, Elk River Station, Sherburne County, MN.
EXHIBIT B
Final Plat
EXHIBIT C
Site Plan
EXHIBIT D
Grading/Drainage and Erosion Control Plan
EXHIBIT E
Landscape Plan
EXHIBIT F
Building Elevations – Architectural Design Standards