4.5 SR 04-03-2023Request for Action
To Item Number
Ma Tor and CinT Council 4.5
Agenda Section Meeting Date Prepared by
Consent Agenda April 3, 2023 Zack Carlton, Communit�r Development Director
Item Description Reviewed by
The Villas at Fillmore: Development Agreement Chris Leeseber , Senior Planner
Update and Planned Unit Development Reviewed by
Agreement Cal Portner, Ci r Administrator
Action Requested
Approve, byT motion, the updated Development Agreement and Planned Unit Development Agreement for The
Villas at Fillmore subdivision.
Background/Discussion
The Cit�T Council approved the final plat for The Villas at Fillmore subdivision on Ju1�T 18, 2022. During that
meeting, the Council also discussed a request of the developeY to utilize paYk dedicarion fees to complete off-site
trail connections along FillmoYe.
At the direction of Council, staff revie�ved the trail extension `vith the Parks and Recreation Commission during
their August 10, 2022, Yegular meeting. The Commission unanimously recommended construction of the trail
extensions from The Villas at Fillmore north to 179`h Ave and south to 176�' Lane. Funding for the offsite
improvements will utilize Park Dedication assessments that would be paid as paYt of this project.
Staff pYepared a Development Agreement outlining the standard development pYocedures along with the
modifications to the paYk dedication and offsite improvement sections. Under that agreement, the trail extensions
were based off an engineer's estimate of $42,008, and the per unit park dedication rate is reduced to $449 per lot.
The developer bid the pYoject this winteY and the total cost of the trail extension incYeased significantly. Additional
improvements (i.e. - relocation of stormwater features within the off-site improvement areas) also increased the
overall cost Staff reviewed these changes internallyT and `vith the developer's engineer to affirm the price increase
and recommends an update to the Development Agreement reflecting those changes.
The accepted bid puts the cost of the off-site improvements at $54,690.01, reducing the per unit park dedication
due `vith the first and second phase of the subdivision to $23.62. Appro�mately $8,000 of the increase is due to
the stoYmwateY changes Yequired to install the trail. While this is a significant change, it meets the goals of the cityr
and staff recommends approval of the updated agreement.
r1ll the woYk associated with the trail extension will be completed with the first phase of the pYoject, but the pYo-
rated Park Dedication rate `vill continue into the second addition, expected to be reviewed byT Council on April 17,
2023.
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.
PowEREo ar
�I'1 ����
Up�iited.• August 2020
Staff is also seeking approval of the Planned Unit Development (PUD) agreement foY the proposed subdivision.
The agreement outlines the perfoYmance standard modifications Yequested byr the developer and approved byr the
CityT Council last summer. Some of these changes include a reduction in the minimum lot `vidth, reduced setbacks,
narrower driveway s to preserve on-street parking, landscaping standards, and permitted uses. The agreement
follows our standard template and will be utilized as building permits are reviewed for anyT project within the
subdivision.
Financial Impact
None
Mission/Policy/Goal
Elk River Mission - Responsibly grow
Attachments
■ Development Agreement
■ Trail Estimate
■ Final Plat
■ Planned Unit Development Agreement
Development Agreement
The Villas at Fillmore
Final Plat approved by the Elk River City Council
July 18, 2022
Development Agreement
April 3, 2023
Table of Contents
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6.
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8.
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11.
12.
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14.
15.
16.
17.
18.
19.
Warrantyof Developer ....................................................................................................................................... 1
Rightto Proceed .................................................................................................................................................. 1
DevelopmentPlans .............................................................................................................................................. 2
Improvements...................................................................................................................................................... 2
AdditionalRegulatorY APProvals ...................................................................................................................... 3
Installationof Improvements ............................................................................................................................ 3
CityInstalled Improvements .............................................................................................................................. 5
Fees and Securinr for Developer's Performanc .............................................................................................. 5
Responsibilin- for Costs ...................................................................................................................................... 7
General Provisions Binding Effect ................................................................................................................... 7
ParkDedication .................................................................................................................................................... 8
DevelopmentPlan ............................................................................................................................................... 8
Landscaping.......................................................................................................................................................... 9
Surface and Groundwater Management ........................................................................................................... 9
Default .................................................................................................................................................................10
Issuance of Building and Occupance Permits ............................................................................................... 11
ModelHomes ..................................................................................................................................................... 11
Miscellaneous...................................................................................................................................................... 11
Notices................................................................................................................................................................. 13
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
RESOLUTION NO. 22-43
LEGAL DESCRIPTION
FINAL PLAT
COST ESTIMATE FORl�7
DEVELOPMENT PLAN CHECKL.IST
OFF SITE TRAIL IMPROVEMENTS
CONSENT OF MORTGAGEE
SUMMARY OF PAYMENTS DUE
DEVELOPMENT AGREEMENT
FOR
The Villas at Fillmore
THIS AGREEMENT (the Agreement), made and entered into this 3rd day of April 2023, by and
between the CITY OF ELIs RIVER, a municipal corporation organized under the laws of the State of
Minnesota (the City), and Riverside Development Company of Princeton (the Developer).
WITNESSETH:
��1HEREAS, 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 Cit�r Council adopted Resolution No. 22-43 on July 18, 2022, (attached as Exhibit A
hereto) granting final plat approval to the Subdivisions, 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. Warrantv of Developer. Developer hereby warrants and represents to the City, as
inducement to the Cit�r's entering into this Agreement, that Developer is owner of certain real property
legally described in EXHIBIT B attached hereto consisting of 17.56 acres of unimproved land located
in the City of E1k River, Sherburne County, Minnesota. The De�reloper intends to improve and de�=elop
such propert�- for single family residential uses, to be known as The Villas at Fillmore (the
Development). The final plat is attached as EXHIBIT C.
2. Right to Proceed. `�Jithin the Subdivision, the Developer may not grade or otherwise disturb
the earth, remove trees, unless authorized by a separate permit or letter; work to construct sewer lines,
water lines, streets, utilities, public or private improvements, or any buildings may not proceed until all
the following conditions have been satisfied: (1) this AgYeement 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
plats for the Subdivision have 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.
3. Development Plans. The Subdivision shall be developed in accordance with the following
plans (The Plans). The Plans shall not be attached to this Agreement. ��ith 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 & S��I'PP
Plan C- Plans and Specifications for Public Improvements
Plan D — Landscape Plan
Plan E— 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 F— Development Plan required by Section 12 hereto
4. Im�rovements. In accordance with the application materials submitted by Developer, the
preliminary and final plats of the Subdivision, the City Council Resolutions attached as E�hibit 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 boule�Tards, 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 requi�ed by the
local utility (Street Improvements);
(03) Sidewalks and trails, 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 Cin- and E1k River Municipal Utilities, including all
necessary pipes, hydrants, valves, building services and other appurtenances (��Jatermain
Improvements) ;
(07) Landscaping, Trees and grass as required by City Ordinance and any additional landscape
Improvements required by the City (Landscape Improvements).
(08) Temporary and permanent erosion and sediment control measures as required by the Cit�r's
MS4 permit and the MPCA National Pollutant Dischar�e Elimination S��stem construction stormwater
permit (Stormwater Management Improvements).
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(09) Survey Monuments. Durable iron survey monuments shall be set, pursuant to Minnesota
Statutes, Section 505.02, Subd. 1, within one (1) year after recorcling 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.
(10) Mailboxes, in a style and location approved by the City of Elk River Post Office, shall be
provided prior to occupancy of any unit.
(11) Appro�mately 690 lineal feet of 10-foot trail extending beyond the project boundaries. The
extension will connect the subject site to 179ti' Ave NW in the north and 176ti� Lane NW in the south.
The trail extensions will be constructed at the developer's expense, but the city has reduced the park
dedication as described in Section 11 of this document.
5. Additional Regulatoie�T 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 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 Cit��, County and/or State permits for access and work within e�sting road
rights of ways.
6. Installation of Im�rovements. 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 De�=elopment, 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 revie��, approval, inspection and authorization by the City and/or its specialty
consulting staff, as provided in this agreement.
(02) Deadline for Performance b`r Develo�er. Except as otherwise provided herein, Developer
agrees to complete all Improvements and perform all other acts as are required by the Subdivision
Orclinance, other applicable ordinances and the terms and conditions of this agreement, and Resolution
No. 22-43, and to do so on or before October 31, 2023, 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 De�=eloper 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) Aooroval 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.
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(05) Su�er�rision and Cit�r 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 Impro�rements 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 accurate record dra��ings can be produced and 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 Cit�r acceptance. In
addition, the City may, at the City's discretion and at the Developer's e�pense, have one or
more Cit�- inspectors and an independent testing firm 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 De�reloper'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.
(B) Upon City Inspector observing unacceptable installation of improvements, the Cit��
shall notify the contractor or the developer to cease installation. The installation of the
improvement shall not resume until agreement is reached between the City and the Developer
on acceptable installation at the developers sole expense.
(06) Easements. The Developer shall convey to the City, prior to the final appro�Tal 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 Cit�r 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 Impro�Tement to furnish the City with evidence acceptable to the City showing insurance
co�rerage (including workers' compensation, liability and property damage) in such amounts as are
required for Cinr construction contracts. Developer shall also maintain adequate liability insurance for
public use of Streets, Sidewall� 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 Cit�- 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 thirt�r (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 �ublic
utilities shall be field surveved after construction with all location. elevation, and data attributes
information, deliverable to the Citv in an a�proved sub-foot accurate GIS/GPS format.
(09) Citt- Acce�tance. The Cin- shall accept, at no cost, ownership of all Improvements pro�=ided
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
4
accordance with the appro�=ed 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 Subdi�=ision to perform all work and inspections deemed appropriate by the City
in conjunction with the Development.
(11) Faithful Performance of Construction Contracts. Develo�er will fullv and faithfull�r �erform
the installation and construction of the Im�rovements in accordance with the a�oro�ed �lans and
soecifications therefore and shall com�lv with all terms of anv and all contracts entered into bv the
Develo�er for the installation and construction of all such Im�rovements. at no e��ense to the Cit�
(12) Warrant�-. Develo�er herebv warranties the workmanshi� and materials res�ecting such
Im�rovements for a�eriod of two (2) `rears following the Citv's final acce�tance of the Im�rovements
and agrees to re�air or re�lace. as clirected b`- the City. and at De�=elo�er's sole cost and ex�ense. an�
work or materials that become defective. in the sole o�inion of the Cin�. within said two (� `-ear �eriod
even though notice thereof be given bv the Cit`r after said two (21 ,-��eriod.
Citv Installed Im�rovements.
(01) The Subdivision will have no City installed Improvements.
8. Fees and Securitv for Develo�er's Performance.
(01) Cin� Administration and Construction Obsenration Fees. Developer shall reimburse the City
for all the Citt-'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 securit�-. Construction observation shall include full to part
time inspection of all work associated with the Improvements. Based on past e�perience 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 e�perienced in excess of the escrow are the responsibility
of the De�Teloper. These costs will be billed directly to the Developer and become due per the terms
stated in Section 10. Upon acceptance of all completed improvements, as requi�ed by this agreement,
any remaining balance will be returned to the developer within 30 day s.
(02) Securin� for Develo�ers 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
$1,348,521.14. 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 securit�- provided in accordance with the above may be released periodically upon
receipt of an invoice identifying work completed to date. The amount released each period
will equal the amount of work completed by the Developer by the date of submittal, 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 Ag�eement have been completed in full and all
other obligations of Developer under this Agreement have been fulfilled.
(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 fi�st 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 Cit�r or have the Letter
of Credit restored to current amount
(03) Maintenance Bond. The Develo�er shall �ost maintenance bonds in the amount of twentv-
five �ercent �25%) of final certified construction costs to secure the warrantv in Section 6(12) hereof.
The Cittr shall retain ten �ercent �10%) of the securittr �osted bv the Develo�er until the maintenance
bonds are furnished to the Cin- or until the warrant�period ex�ires. whichever first occurs. The
retainage ma`� be used to �a`r for warrantv work,_grading. erosion control. and as built survev escrow.
(04) Water Availabilit`- Charges. Developer shall pay the ��later Availability Charge identified in
the city's fee schedule at the time of Final Plat recording. The current amount is Ten Thousand, Nine
Hundred Twenty and 00/100 dollars (�10,920.00), (�390 per lot). The balance of `�Uater Availability
Charges per unit shall be paid at the time of building permit, by the permit applicant.
Res�onsibilitv 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
��Jater Conservation District charges, legal, planning, engineering and construction obsenration
inspection expenses incurred in connection with approval and acceptance of the plat, the preparation
of this AgYeement, 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 attorney s' fees.
(04) The De�=eloper 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
De�=eloper 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 de�relopment and construction within the Subdivision until the bills are paid in full. Bills not
paid within thi�ty (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, Cit�- sewer connection charges, and building permit fees.
10. General Provisions Binding Effect. The terms and pro�=isions 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) `�Jaiver. 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 authorized by this agreement shall be confined
to the following hours of operation:
Monday - Friday 7:00 AM unti19:00 PM
Saturday 8:00 AM unti15:00 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) Snow�lowing. Until the Improvements are accepted by the Cit�r 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
E1k River.
(07) Historv. 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.
11. Paxk Dedication. Developer shall satisfy park dedication requirements through a
combination of off-site trail improvements described in Section 4(11) and a cash donation equal to the
low-density Park Dedication fee identified in the city's fee schedule at the time of Final Plat recording.
(01) The fee schedule requires a cash donation of Fifty-Five Thousand, SiY Hundred Eleven and
27/100 dollars ($55,611.27) for the 391ots in the Villas at Fillmore Fi�st and Second Additions.
(02) The off-site trail improvement described in Section 4(11) are out]ined in EXHIBIT F. The
costs of these improvements are Fifty-Four Thousand, SiY-Hundred Ninety and 01/100 dollars
($54,690.01).
(03) The Park and Recreation Commission, during their August 10, 2022, meeting, recommended
using the park dedication fees due as part of this project for the off-site trail improvements. These
improvements, along with the onsite trail improvements constructed by the developer, complete trail
connections identified in the trails master plan.
(04) Pro�=iding the Developer with a credit for construction of the off-site impro�=ement will reduce
the overall park dedication obligation for the first and second additions of THE VILLAS AT
FILLMORE to Nine-Hundred Twenty-one and 18/100 dollars ($921.18) or Twenty-Three and
62/100 dollars ($23.62) per lot.
(05) The current (first) addition plats 28 lots, requiring a cash donation of SiY-Hundred SiYty-One
and 36/100 dollars (�661.36).
(06) The remaining cash dedication, for 11 lots, will be paid with the second addition of THE
VILLAS AT FILLMORE.
12. Develo�ment 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 Ag�eement. Approval of the Development Plan
may be contingent upon soil borings verifying elevations and compaction tests for proposed house pads.
13. Landscaping. Developer shall cause the homebuilder to install t��o over story (deciduous)
trees in the boulevard of each Lot. All required trees shall be 2 inches in caliper.
(01) All residential landscaping requirements shall be completed prior to occupancy of the dwelling
unit, or by June 1 following occupancy if occupancy occurs October 15 through May 31.
(02) In the event the landscaping, including trees and establishment of turf, is not complete at the
time of Cert�ficate of Occupancy, the City may issue a certificate of occupancy and requi�e the
pro�rision 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 Cit�- may also
require a deposit as part of the building permit fee to secure compliance with the landscaping
requirements.
14. 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 De�=eloper's contractors and subcontractors responsibilin- 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
De�=eloper 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 significandyimpact the Subdivision, the final plat for the Subdivision shall
be resubmitted to the City Council for consideration of changes required for the wetland appro�rals.
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 Activit�r 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 co�=er 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 1�1PCA 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 Cit�r's rights or obligations hereunder. If the Developer does
not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may
draw down the letter of credit to pay any costs. No development, utility or street construction will be
allowed and no building permits will be issued unless the plat is in full compliance with the approved
erosion control plan.
(04) Gradin�. The Subdivision shall be graded in accordance with the approved grading
development and erosion control plan, Plan B. The plan shall conform to City specifications. ��lithin
thirnr (30) days after completion of the grading and before the City approves individual building
permits (except up to three model home permits on lots acceptable to the Building Official per section
18), the Developer shall provide the City with an "as constructed" grading plan certified by a registered
land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been
constructed on public easements or land owned by the City. The "as constructed" plan shall include
field verified elevations of the following: (a) cross sections of storm water treatment/infiltration
basins; (b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations
and dimensions of borrow areas/stockpiles, and installed "consenration 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) C1ea�Uo. The Developer shall clean dirt, debris, trash, and other refuse from all streets and
adjacent properties that has resulted from construction work by the Developer, home builders,
subcontractors, their agents or assigns, until all requirements of this agreement have been satisfied.
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 S�rstem Rec�uirements. Prior to the commencement
of any work, the Developer shall provide a signed Storm `�Jater 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 1�tinnesota Pollution Control
Agency.
(07) Munici�al Se�arate Storm Sewer Svstem Rec�uirements. All stormwater management activities
shall comply with the City MS4 permit.
15. Default.
(01) Remedies. In the event of default by the Developer as to any of the work to be performed by
it hereunder, the Cit�r may, at its option, perform the work and the Developer shall promptly reimburse
the City for any e�pense 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. `�Jhen 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 De�reloper. 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
10
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.
16. Issuance of Building and Occu�ancv 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
gas, electric, and large (public) utilities are installed and available for the individual parcel, and streets
are paved throughout the subdivision with the first lift of pavement to the acceptance of the City
Engineer. City will not issue a certificate of occupancy (said certificate will allow the structure to be
transferred to a new owner for the purpose of permanent occupancy) for any building constructed on
any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed,
approved by the Cit�- Engineer and accepted by the Cit��. 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 Homebu,�� ers. 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 e�istence of this contract and the obligations and restrictions created herein prior
to the completion of the sale. Further, Developer agrees to save and hold Cin- harmless from any and
all claims or actions arising fsom the right to withhold the issuance of such permits and certificates and
from other provisions hereof.
17. Model Homes.
(01) The City will issue building permits for the construction of up to four (4) 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 Cit�-. 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 occupanc�r.
18. Miscellaneous.
(01) Filing of Final Plat and Develo�er AgYeement. 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) Incor�oration b`- 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 Re�lacement 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) Regulator,���liance. The Developer represents to the City that the Subdivision complies
with all city, count�r, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that
11
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 thi�d parties.
(07) Severabilitv. 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 Im�rovements. 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 occup�r 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 pro�=isions 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 propert�r. The Developer covenants with the City, its successors and assigns, that the
De�=eloper 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 propert�; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the Cit�r 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 propert�- 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 Cit�- 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 e�rery 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 e�sting 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.
12
(13) Assignment The Developer may not assign this AgYeement 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.
19. Notices. All notices and demands specified herein shall be deemed appropriately and timely
gi�=en 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 E1k River
Attn: City Administrator
13065 Orono Parkway
E1k River, Minnesota 55330
If to the Developer at: Riverside Development Company of Princeton
Attn: Richard Foster
19230 Evans St NW, Suite 115
E1k River,l�1N 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:
Richard Foster
Its: Chief Manager
14
STATE OF MINNESOTA
COUNTY OF SHERBURNE
)
) ss.
)
This instrument was acl�nowledged before me this day of , , by
John J. Dietz and Tina Allard, the Mayor and Cit�r Clerk, respectively, for the City of Elk River, Minnesota.
Notary Public
STATE OF MINNESOTA
COUNTY OF
)
) ss.
)
This instrument was acknowledged before me this day of
Notary Public
This instrument was drafted by:
City of Elk River
13065 Orono Parkway
Ell� River, MN 55330
vy,
15
EXHIBIT A
Resolution No. 22-43
A-1
Resolution 22-43
A Resolution of the City of Elk River Granting Final Plat Approval for
The Villas at Fillmore
Case No. P 22- I 0
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 July
18, 2022; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by
the City Council; and
WHEREAS, in October, 2015 the City commissioned a park dedication study prepared by
HKGi Consulting to determine the impacts of development on the City's park system. This
study was supplemented with an Appraisal study prepared by Patchin Messner Valuarion
Consultants in April 2016. The City's Park dedication ordinance was subsequently amended,
in July 2016, to reflect the findings of these studies and to incorporate park dedication fee
requirements that reflect the impacts of various types of development on the need for the
acquisition, development and improvement of park land. The proposed development is a
residenrial development which will create park land acquisition, development and
improvement needs proportionate to the park dedication fee set by the park dedication
ordinance; and
WHEREAS, the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED
It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with 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.
�%'�
rorEe�e er
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C. The physical characterisrics 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 contlict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse itnpact on the
reasonable development of neighboring land.
2. Fina1 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 pernlits will be
issued for the Property until the final plat is recorded.
5. This final plat approval shall expire two pears from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 18`" day of July 2022.
�-
Jr f�� J. Di�z, Ma� o
ATTEST:
���
�/
( -�
Tina Allard, City Clerk
�O�fNEtl i1
�JA�`UR�
EXHIBIT A
LEGAL DESCRIPTION
The East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township
32, Range 26, according to the United States Government Survey thereof and situate in
Sherburne County, Minnesota.
Excepting therefYom:
That part which lies within the following described perpetual easement for street and utiliry
purposes:
That part of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of
Section 1, Township 32, Range 26, Sherburne County, Minnesota, which lies East of the
following described line:
Beginning at a point on the North line of said Northwest Quarter distant 55.26 feet West of
the Northeast corner of said Northwest Quarter, as measured along said North line, to a
point on the South line of said Northeast Quarter of the Southwest Quarter distant 80.01
feet West of the Southeast corner of said Noxtheast Quarter of the Southwest Quarter as
measured along said South line and there terminating.
�
P U � E R E 0 e r
������
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. The PUD agreement must be approved and Yecorded prior to releasing the final plat foY
recording.
3. Park Dedicarion shall be paid in the amount required by the city when the final plat is
released for recording (currently $1,425.93/lot).
4. Water Availability Charge shall be paid in the amount required by the city when the final
plat is released for recording (currently $390/plumbing unit).
5. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the
public improvements
6. Upon completion of all improvements and acceptance bp the city, a security or warranty in
a form acceptable to the Public Works Director must be secured.
7. The Development Plan shall be approved by the public works director prior to issuance of
building pernuts.
8. Staff approval of all plans prior to releasing the plat for recording.
9. All mailboxes shall be clustered.
10. Wetland impacts shall be reviewed and approved by the city and the appropriate state and
federal agencies prior to releasing the plat.
�orESEo �r
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EXHIBIT B
Legal Description
The East Ha1f of the Southeast Quarter of the Northwest Quarter of Section 1, Township 32, Range 26,
according to the United States Government Survey thereof and situate in Sherburne County, Minnesota.
Excepting therefrom:
That part which lies within the following described perpetual easement for street and utilit�� purposes:
That part of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 1,
Township 32, Range 26, Sherburne County, Minnesota, which lies East of the following described line:
Beginning at a point on the North line of said Northwest Quarter distant 55.26 feet West of the Northeast
corner of said Northwest Quarter, as measured along said North line, to a point on the South line of said
Northeast Quarter of the Southwest Quarter distant 80.01 feet West of the Southeast corner of said
Northeast Quarter of the Southwest Quarter as measured along said South line and there terminating.
D-1
EXHIBIT C
Final Plat of THE VILLAS AT FILLMORE
D-2
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EXHIBIT D
Cost Estimate Forms
D-3
NODLAND CONSTRUCTION BID
Riverside Development Company of Princeton
The Villas At Fillmore - Street and Utility Construction
Base Bid Nodland Construction Co., Inc.
ITEM Mn/DOT ESTIMATED
NO. SPEC. NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION
1 2021.501 MOBILIZATION LUMP SUM 1 $ 10,000.00 $ 10,000.00
2 2104.502 REMOVE CATCH BASIN EACH 1 $ 500.00 $ 500.00
3 2104.502 SALAVGE CASTING EACH 2 $ 250.00 $ 500.00
4 2104.503 SAWING CONCRETE PAVEMENT - FULL DEPTH LIN FT 29.7 $ 10.00 $ 297.00
5 2104.503 SAWING BITUMINOUS PAVEMENT - FULL DEPTH LIN FT 234 $ 5.00 $ 1,170.00
6 2104.503 REMOVE CURB AND GUTTER LIN FT 30 $ 15.00 $ 450.00
7 2104.504 REMOVE CONCRETE PAVEMENT SQ YD 19 $ 10.00 $ 190.00
8 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 79 $ 5.00 $ 395.00
9 2106.507 SALVAGE TOPSOIL LUMP SUM 1 $ 3,500.00 $ 3,500.00
10 2106.507 GRANULAR EMBANKMENT (CV) - FOR TRAIL CONSTRUCTION CU YD 690 $ 16.00 $ 11,040.00
11 2106.601 TRAIL GRADING LIN FT 2,000 $ 5.75 $ 11,500.00
12 2106.601 DEWATERING LUMP SUM 1 $ 40,000.00 $ 40,000.00
13 2112.519 SUBGRADE PREPARATION (ROADS) ROAD STATION 13.1 $ 500.00 $ 6,550.00
14 2211.509 AGGREGATE BASE CLASS 5 TON 4,235 $ 20.50 $ 86,817.50
15 2211.509 AGGREGATE BASE CLASS 5- ACCESS ROAD TON 160 $ 23.00 $ 3,680.00
16 2232.504 MILL BITUMINOUS SURFACE (1.5") SQ YD 12 $ 26.00 $ 312.00
17 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLONS 292 $ 0.01 $ 2.92
18 2360.504 TYPE SP 9.5 WEARING COURSE MIXTURE (2;C) 2.5" THICK SQ YD 2,255 $ 27.75 $ 62,576.25
19 2360.504 TYPE SP 9.5 WEARING COURSE MIXTURE (2;C) 3.0" THICK SQ YD 152 $ 46.25 $ 7,030.00
20 2360.509 TYPE SP 9.5 WEARING COURSE MIXTURE (2;C) TON 426 $ 100.00 $ 42,600.00
21 2360.509 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2;C) TON 710 $ 100.00 $ 71,000.00
22 2501.502 12" CS PIPE APRON EACH 4 $ 325.00 $ 1,300.00
23 2501.502 15" RC PIPE APRON EACH 1 $ 1,050.00 $ 1,050.00
24 2501.502 18"RCPIPEAPRON EACH 1 $ 1,150.00 $ 1,150.00
25 2501.502 27" RC PIPE APRON EACH 1 $ 2,000.00 $ 2,000.00
26 2501.503 12" DIP CULVERT LIN FT 36 $ 110.00 $ 3,960.00
27 2501.602 TRASH GUARD FOR 15" PIPE APRON EACH 1 $ 1,000.00 $ 1,000.00
28 2501.602 TRASHGUARDFOR18"PIPEAPRON EACH 1 $ 1,100.00 $ 1,100.00
29 2501.602 TRASH GUARD FOR 27" PIPE APRON EACH 1 $ 1,300.00 $ 1,300.00
30 2503.503 8" PVC CAP EACH 2 $ 100.00 $ 200.00
31 2503.503 8" PVC PIPE SEWER SDR 35 LIN FT 1,287 $ 40.00 $ 51,480.00
32 2503.503 12" CP PIPE SEWER LIN FT 268 $ 42.00 $ 11,256.00
NODLAND CONSTRUCTION BID
Riverside Development Company of Princeton
The Villas At Fillmore - Street and Utility Construction
33 2503.503 12" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT 474 $ 55.00 $ 26,070.00
NODLAND CONSTRUCTION BID
Riverside Development Company of Princeton
The Villas At Fillmore - Street and Utility Construction
Base Bid (Continued)
ITEM Mn/DOT ESTIMATED
NO. SPEC. NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION
36 2503.503 21" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT 195 $ 80.00 $ 15,600.00
37 2503.503 24" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT 554 $ 90.00 $ 49,860.00
38 2503.503 27" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT 40 $ 115.00 $ 4,600.00
39 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 1 $ 3,500.00 $ 3,500.00
40 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 $ 3,500.00 $ 3,500.00
41 2503.603 CONNECT TO EXISTING STORM SEWER STRUCTURE EACH 1 $ 3,500.00 $ 3,500.00
42 2503.602 8"X4" PVC WYE SDR 26 EACH 29 $ 325.00 $ 9,425.00
43 2503.603 CLEAN AND VIDEO TAPE PIPE SEWER LIN FT 1,287 $ 1.50 $ 1,930.50
44 2503.603 4" PVC SANITARY SERVICE PIPE SDR 26 LIN FT 1,232 $ 17.00 $ 20,944.00
45 2504.602 4" SCHEDULE 40 PVC IRRIGATION SLEEVE LIN FT 130 $ 16.00 $ 2,080.00
46 2504.602 CONNECT TO EXISTING WATERMAIN EACH 3 $ 3,500.00 $ 10,500.00
47 2504.602 HYDRANT EACH 4 $ 5,975.00 $ 23,900.00
48 2504.602 1" CORPORATION STOP EACH 29 $ 175.00 $ 5,075.00
49 2504.602 4" GATE VALVE AND BOX EACH 1 $ 2,500.00 $ 2,500.00
50 2504.602 6" GATE VALVE AND BOX EACH 4 $ 2,525.00 $ 10,100.00
51 2504.602 8" GATE VALVE AND BOX EACH 7 $ 3,500.00 $ 24,500.00
52 2504.602 1" CURB STOP AND BOX EACH 29 $ 450.00 $ 13,050.00
53 2504.603 HYDRANT RISER LIN FT 6 $ 0.01 $ 0.06
54 2504.603 1" TYPE K PIPE LIN FT 1,225 $ 22.00 $ 26,950.00
55 2504.603 4" WATERMAIN DUCTILE IRON CL 52 LIN FT 16 $ 65.00 $ 1,040.00
56 2504.603 6" WATERMAIN DUCTILE IRON CL 52 LIN FT 59 $ 56.00 $ 3,304.00
57 2504.603 8" WATERMAIN DUCTILE IRON CL 52 LIN FT 1,346 $ 57.00 $ 76,722.00
58 2504.603 8" WATERMAIN HDPE (DIRECTIONAL DRILLED) LIN FT 1,686 $ - $ -
59 2504.604 4" POLYSTYRENE INSULATION SQ YD 15 $ 3.00 $ 45.00
60 2504.608 DUCTILE IRON FITTINGS POUND 1,160 $ 9.50 $ 11,020.00
61 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 2 X 3 EACH 2 $ 2,100.00 $ 4,200.00
62 2506.502 CASTING ASSEMBLY EACH 29 $ 1,000.00 $ 29,000.00
63 2506.502 INSTALL CASTING EACH 2 $ 250.00 $ 500.00
64 2506.503 CONSTRUCT SANITARY STRUCTURE DESIGN 4007 LIN FT 89.7 $ 525.00 $ 47,092.50
65 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 27 DESIGN H EACH 3 $ 2,000.00 $ 6,000.00
66 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT 37.2 $ 800.00 $ 29,760.00
67 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT 17.7 $ 1,350.00 $ 23,895.00
NODLAND CONSTRUCTION BID
Riverside Development Company of Princeton
The Villas At Fillmore - Street and Utility Construction
68 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-4020 LIN FT 7.8 $ 2,100.00 $ 16,380.00
NODLAND CONSTRUCTION BID
Riverside Development Company of Princeton
The Villas At Fillmore - Street and Utility Construction
Base Bid (Continued)
ITEM Mn/DOT ESTIMATED
NO. SPEC. NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION
69 2506.503 BASIN10UTLETSTRUCTUREANDCASTING EACH 1 $ 2,500.00 $ 2,500.00
70 2506.503 BASIN 2 OUTLET STRUCTURE AND CASTING EACH 1 $ 2,500.00 $ 2,500.00
71 2506.503 BASIN 3 OUTLET STRUCTURE AND HAALA GRATE EACH 1 $ 7,500.00 $ 7,500.00
72 2511.604 ARTICULAR CONCRETE MAT SQ YD 57 $ 80.00 $ 4,560.00
73 2521.518 6" CONCRETE WALK SQ FT 8,492 $ 7.75 $ 65,813.00
74 2531.503 CONCRETE CURB AND GUTTER SURMOUNTABLE LIN FT 2,617 $ 18.75 $ 49,068.75
75 2531.618 TRUNCATED DOMES SQ FT 136 $ 51.00 $ 6,936.00
76 2563.601 TRAFFICCONTROL LUMPSUM 1 $ 2,500.00 $ 2,500.00
77 2564.502 SIGN TYPE C SQ FT 12.5 $ 65.00 $ 812.50
78 2564.502 SIGN TYPE D SQ FT 24 $ 40.00 $ 960.00
79 2564.502 WETLAND BUFFER SIGN EACH 5 $ 50.00 $ 250.00
80 2564.502 TYPE 3 BARRICADE EACH 2 $ 450.00 $ 900.00
81 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 $ 750.00 $ 750.00
82 2573.502 STORM DRAIN INLET PROTECTION EACH 23 $ 0.01 $ 0.23
83 2573.503 SILT FENCE; TYPE MS LIN FT 2,820 $ 1.00 $ 2,820.00
84 2573.503 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT 730 $ 0.50 $ 365.00
85 2574.507 COMMOM TOPSOIL BORROW (CV) CU YD 500 $ 0.01 $ 5.00
86 2574.508 FERTILIZER TYPE 1 POUND 1,500 $ 0.50 $ 750.00
87 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 SQ YD 6,860 $ 0.50 $ 3,430.00
88 2575.505 SEEDING ACRE 5 $ 300.00 $ 1,500.00
89 2575.508 SEED, MIXTURE 25-121 POUND 1,100 $ 5.00 $ 5,500.00
90 2575.509 MULCH MATERIAL TYPE 1- DISK ANCHORED TON 10 $ 200.00 $ 2,000.00
Total Base Bid
$ 1,103,870.21
NODLAND CONSTRUCTION BID
Riverside Development Company of Princeton
The Villas At Fillmore - Street and Utility Construction
Alternate Bid No. 1 Nodland Construction Co., Inc.
ITEM Mn/DOT ESTIMATED
NO. SPEC. NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION
1 2106.507 SALVAGE TOPSOIL LUMP SUM 1 $ 1,500.00 $ 1,500.00
2 2106.601 DEWATERING LUMP SUM 1 $ 10,000.00 $ 10,000.00
3 2112.519 SUBGRADE PREPARATION ROAD STATION 3.0 $ 500.00 $ 1,500.00
4 2211.509 AGGREGATE BASE CLASS 5 TON 841 $ 20.50 $ 17,240.50
5 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLONS 86 $ 0.01 $ 0.86
6 2360.509 TYPE SP 9.5 WEARING COURSE MIXTURE (2;C) TON 126 $ 100.00 $ 12,600.00
7 2360.509 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2;C) TON 210 $ 100.00 $ 21,000.00
8 2503.503 8" PVC PIPE SEWER SDR 35 LIN FT 205 $ 40.00 $ 8,200.00
9 2503.602 8"X4" PVC WYE SDR 26 EACH 10 $ 325.00 $ 3,250.00
10 2503.603 CLEAN AND VIDEO TAPE PIPE SEWER LIN FT 205 $ 1.50 $ 307.50
11 2503.603 4" PVC SANITARY SERVICE PIPE SDR 26 LIN FT 518 $ 17.00 $ 8,806.00
12 2504.602 HYDRANT EACH 1 $ 5,975.00 $ 5,975.00
13 2504.602 1" CORPORATION STOP EACH 10 $ 175.00 $ 1,750.00
14 2504.602 6" GATE VALVE AND BOX EACH 1 $ 2,525.00 $ 2,525.00
15 2504.602 8" GATE VALVE AND BOX EACH 2 $ 3,500.00 $ 7,000.00
16 2504.602 1" CURB STOP AND BOX EACH 10 $ 450.00 $ 4,500.00
17 2504.603 HYDRANT RISER LIN FT 2 $ 0.01 $ 0.02
18 2504.603 1" TYPE K PIPE LIN FT 460 $ 22.00 $ 10,120.00
19 2504.603 6" WATERMAIN DUCTILE IRON CL 52 LIN FT 16 $ 56.00 $ 896.00
20 2504.603 8" WATERMAIN DUCTILE IRON CL 52 LIN FT 450 $ 57.00 $ 25,650.00
21 2504.604 4" POLYSTYRENE INSULATION SQ YD 7 $ 3.00 $ 21.00
22 2504.608 DUCTILE IRON FITTINGS POUND 318 $ 9.50 $ 3,021.00
23 2506.502 CASTING ASSEMBLY EACH 1 $ 1,000.00 $ 1,000.00
24 2506.503 CONSTRUCT SANITARY STRUCTURE DESIGN 4007 LIN FT 9.5 $ 525.00 $ 4,987.50
25 2506.503 CONCRETE FLUME EACH 1 $ 500.00 $ 500.00
26 2511.604 ARTICULAR CONCRETE MAT SQ YD 14.2 $ 80.00 $ 1,136.00
27 2521.518 6" CONCRETE WALK SQ FT 1002 $ 7.75 $ 7,765.50
28 2531.503 CONCRETE CURB AND GUTTER SURMOUNTABLE LIN FT 634 $ 18.75 $ 11,887.50
29 2531.618 TRUNCATED DOMES SQ FT 12 $ 51.00 $ 612.00
30 2564.502 SIGN TYPE C SQ FT 6.25 $ 65.00 $ 406.25
31 2564.502 SIGN TYPE D SQ FT 18 $ 40.00 $ 720.00
32 2573.503 SILT FENCE; TYPE MS LIN FT 650 $ 1.00 $ 650.00
NODLAND CONSTRUCTION BID
Riverside Development Company of Princeton
The Villas At Fillmore - Street and Utility Construction
33 2574.507 COMMOM TOPSOIL BORROW (CV) CU YD 80 $ 0.01 $ 0.80
NODLAND CONSTRUCTION BID
Riverside Development Company of Princeton
The Villas At Fillmore - Street and Utility Construction
Alternate Bid No. 1 (Continued)
ITEM Mn/DOT ESTIMATED
NO. SPEC. NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION
34 2574.508 FERTILIZER TYPE 1 POUND 300 $ 0.50 $ 150.00
35 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 SQ YD 845 $ 0.50 $ 422.50
36 2575.505 SEEDING ACRE 1 $ 300.00 $ 300.00
37 2575.508 SEED, MIXTURE 25-121 POUND 220 $ 5.00 $ 1,100.00
38 2575.509 MULCH MATERIAL TYPE 1- DISK ANCHORED TON 2 $ 200.00 $ 400.00
Total Alternate Bid No. 1
Alternate Bid No. 2
ITEM Mn/DOT
NO. SPEC. NO. ITEM DESCRIPTION
1 2504.602 10" GATE VALVE AND BOX
2 2504.603 10" WATERMAIN HDPE (DIRECTIONAL DRILLED)
Total Alternate Bid No. 2
BID SUMMARY
Total Base Bid
Total Alternate Bid No. 1
Total Alternate Bid No. 2
Total Bid
ERMU Contribution
Total Bid
UNIT
EACH
LIN FT
ESTIMATED
2
1, 686
$ 177,900.93
Nodland Construction Co., Inc.
UNIT PRICE EXTENSION
$ 5,250.00 $ 10,500.00
$ 85.00 $ 143, 310.00
$ 153,810.00
$ 1,103,870.21
$ 177,900.93
$ 153.810.00
$ 1,435,581.14
$ 87,060.00
$ 1,348,521.14
Pa9a „ of8
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. E�sting 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 tal�e other measures deemed appropriate by the
Sherburne County Forester to control oakwilt, such as, but not limited to: debarl�ing or
destroying fallen diseased trees prior to April 15, not lea�=ing roots exposed and avoicling
mechanical damage on remaining trees.
E-1
EXHIBIT F
Off Site Trail Improvements
H-1
TRAIL EXTENSION CONSTRUCTION COST
Riverside Development Company of Princeton
The Villas At Fillmore
Trail Extension Cost Nodland Construction Co., Inc.
ITEM Mn/DOT ESTIMATED
NO. SPEC. NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION
1 2021.501 MOBILIZATION LUMP SUM 0.05 $ 10,000.00 $ 500.00
2 2104.502 REMOVE CATCH BASIN EACH 1 $ 500.00 $ 500.00
3 2104.502 SALAVGE CASTING EACH 1 $ 250.00 $ 250.00
4 2104.503 SAWING CONCRETE PAVEMENT - FULL DEPTH LIN FT 17.0 $ 10.00 $ 170.00
5 2104.503 SAWING BITUMINOUS PAVEMENT - FULL DEPTH LIN FT 76 $ 5.00 $ 380.00
6 2104.503 REMOVE CURB AND GUTTER LIN FT 28 $ 15.00 $ 420.00
7 2104.504 REMOVE CONCRETE PAVEMENT SQ YD 19 $ 10.00 $ 190.00
8 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 36 $ 5.00 $ 180.00
9 2106.507 GRANULAR EMBANKMENT (CV) - FOR TRAIL CONSTRUCTION CU YD 236 $ 16.00 $ 3,776.00
10 2106.601 TRAIL GRADING LIN FT 685 $ 5.75 $ 3,938.75
11 2211.509 AGGREGATE BASE CLASS 5 TON 272 $ 20.50 $ 5,576.00
12 2360.504 TYPE SP 9.5 WEARING COURSE MIXTURE (2;C) 2.5" THICK SQ YD 807 $ 27.75 $ 22,394.25
13 2503.503 12" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT 12 $ 55.00 $ 660.00
14 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 $ 3,500.00 $ 3,500.00
15 2506.502 INSTALL CASTING EACH 1 $ 250.00 $ 250.00
16 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT 4.5 $ 800.00 $ 3,600.00
17 2521.518 6" CONCRETE WALK SQ FT 477 $ 7.75 $ 3,696.75
18 2531.503 CONCRETE CURB AND GUTTER SURMOUNTABLE LIN FT 63 $ 18.75 $ 1,181.25
19 2531.618 TRUNCATED DOMES SQ FT 48 $ 51.00 $ 2,448.00
20 2563.601 TRAFFICCONTROL LUMPSUM 0.05 $ 2,500.00 $ 125.00
21 2573.502 STORM DRAIN INLET PROTECTION EACH 1 $ 0.01 $ 0.01
22 2573.503 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT 652 $ 0.50 $ 326.00
23 2574.508 FERTILIZER TYPE 1 POUND 54 $ 0.50 $ 27.00
24 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 SQ YD 874 $ 0.50 $ 437.00
25 2575.505 SEEDING ACRE 0.18 $ 300.00 $ 54.00
26 2575.508 SEED, MIXTURE 25-121 POUND 22 $ 5.00 $ 110.00
Total $ 54,690.01
EXHIBIT G
Consent of Mortgagee
I-1
Agent's File Reference: 517M
Commitment Issue Date: 3/10/2023
CHICAGO TITLE INSURANCE COMPANY
Amended Commitment for Title Insurance
SCHEDULE A
Issuing Agent: Home Security Abstract & Title Company
564 Dodge Avenue NW
Elk River, MN 55330
Agent No.: MN2072
Issuing Office ALTA ID: 1086697
Property Address: xxx Fillmore Street NW, Elk River, MN 55330
1. Commitment Effective Date and Time: 03/08/2023 at 7:00 AM
2. Policy or Policies to be issued:
a. OWNER'S: 2006 ALTA Owner's Policy
Proposed Insured: County of Sherburne
b. MORTGAGEE: 2006 ALTA Loan Policy
Proposed Insured:
Proposed Policy Amount:
$ 1.00
$
3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple
4. The Title is, at the Commitment Date, vested in:
Riverside Development Company of Princeton, a Minnesota Corporation
5. The Land is described as follows:
See attached Exhibit "A"
This page is only a part of a 2016 ALTA Commitment for Title Insurance issued by Home Security Abstract & Title Co. This Commitment is not valid
without the Notice; the Commitment Co Issue Policy; the Commitment Conditions; Schedule A; Schedule B Part 1—Requirements; Schedule B Part II -
Exceptions and a counter-signature by die Company or its issuing agent that may be in electronic form.
March 10, 2023
Agent's File Reference: 517M
Commitment Issue Date: 3/10/2023
CHICAGO TITLE INSURANCE COMPANY
Amended Commitment for Title Insurance
SCHEDULE A
EXHIBIT "A"
Legal Description
The East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township 32,
Range 26, according to the United States Government Survey thereof and situate in Sherburne
County, Minnesota.
Excepting therefrom:
That part of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of
Section 1, Township 32, Range 26, Sherburne County, Minnesota, which lies East of the
following described line:
Beginning at a point on the North line of said Northwest Quarter distant 55.26 feet West of the
Northeast corner of said Northwest Quarter, as measured along said North line, to a point on the
South line of said Northeast Quarter of the Southwest Quarter distant 80.01 feet West of the
Southeast corner of said Northeast Quarter of the Southwest Quarter as measured along said
South line and there terminating.
TO BE PLATTED AS: THE VILLAS AT FILLMORE
Abstract
This page is only a part of a 2016 ALTA Commitment fot Title Insurance issued by Home Security Abstract & Title Co. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B Part l—Requirements; Schedule B Part [I -
Exceptions and a counter-signature by the Company or its issuin� aCent that may be in electronic form.
March (0, 2023
FORM CA6 SCH. A(rev. 07/09)
Agent's File Reference: 517M
CHICAGO TITLE INSURANCE COMPANY
Amended Commitment
SCHEDULE B - Section I
REQUIREMENTS
ALL OF THE FOLLOWING REQUIREMENTS ARE TO BE MET TO THE SATISFACTION OF THE
COMPANY:
1. WE REQUIRE the following closing conditions be met to the satisfaction of the Company:
A) The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
B) Pay the agreed amount for the estate or interest to be insured.
C) Pay the premiums, fees, and charges for the Policy to the Company.
D) Obtain the standard Purchaser's Affidavit and Seller's Affidavit in recordable form.
E) Pay all taxes, charges, assessments against the subject premises which are due and payable. Said
payments shall be made pursuant to the terms of the Purchase Agreement.
F) Instrument(s) satisfactory to the Company that convey the Title or create the Mortgage to be
insured, or both, which must be properly authorized, executed, delivered and recorded in the Public
Records.
2. This Commitment is prepared for a proposed plat and is intended for the use of the City of Elk River
and/or Sherburne County for the sole purpose of platting only.
3. OBTAIN CONSENT TO PLAT FOR THE FOLLOWING:
Mortgage dated July 26, 2022, filed July 26, 2022 as Document No. 946050 executed by Riverside
Development Company of Princeton, to Neighborhood National Bank in the original principal amount of
$1,100,000.00.
4. WE REQUIRE the approval of the final plat be obtained from the local municipality prior to submitting
for recording AND the full year taxes be paid prior to or at time of recording.
5. WE REQUIRE review of any easements, developer agreements, and/or covenants to be placed of
record as a part of the platting of the property contained herein.
6. WE REQUIRE review of the Final Plat to confirm that no changes have been made since review of
the Preliminary Plat, that the lands to be platted and the fee owners as depicted therein are the same
as shown at Schedule A of this Commitment.
This page is only a part of a 2016 ALTA Commitment for Title Insurance issued by Ho�ne Security Abstract & Title Co. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B Part I—Requirements; Schedule B Part Il -
Exceptions and a counter-signature by the Company or its issuing agent d�at may be in electronic form.
March ]0, 2023
FORM CA6 SCH. A(rev. 07/09)
Agent's File Reference: 517M
CHICAGO TITLE INSURANCE COMPANY
Amended Commitment
SCHEDULE B - Section I
REQUIREMENTS
7. This transaction requires execution of the closing documents on behalf of a Limited Liability
Company. WE REQUIRE the following be provided for review prior to accepting any conveyance or
encumbrance from said Company:
A) A copy of its Operating Agreement, if any, and all amendments, supplements and/or modifications
thereto, certified by the appropriate manager or member; B) If a Domestic Limited Liability Company, a
copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps; C) If
the Limited Liability Company is a member-managed Company, a full and complete current list of
members certified by the appropriate manager or member; D) If the Limited Liability Company was
formed in a foreign jurisdiction, evidence satisfactory to the Company that it was validly formed, is in
good standing and are authorized to do business in the state of origin; E) If less than all members or
managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of
those signing, and; F) Proof that the Company in good standing with the MN Secretary of State.
The Company reserves the right to add additional terms or raise further requirements after review of the
requested documentation.
8. NOTE: The Abstract of Title for the property being insured herein has not been received by Home
Security Abstract & Title Co.
9. NOTICE: Please be aware that due to the conflict between federal and state laws concerning the
cultivation, distribution, manufacture or sale or marijuana, the Company is not able to close or insure
any transactions involving Land that is associated with these activities.
10. A review of the real estate records in Sherburne County for the past 24 months has been
completed. The following are the transfers of title to the property during that time period:
Trustee's Deed filed July 26, 2022 as Document No. 946048 running in favor of the fee owner(s) shown
herein
Warranty Deed filed July 26, 2022 as Document No. 946047 running in favor of Richard C. Foster
Revocable Trust
Warranty Deed filed February 16, 2016 as Document No. 816453 running in favor of M&L Holdings,
LLC
This constitutes a chain of title for the time period referenced above.
End of Schedule B Section-I
This pa�e is only a part of a 2016 ALTA Commitment for Title Insurance issued by Home Security Abstract & Title Co. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B Part ]—Requirements; Schedule B Part II -
Exceptions and a counter-signature by the Company or its issuing agent that may be in electronic form.
March IQ 2023
FORM CA6 SCH. A(rev. 07/09)
Agent's File Reference: 517M
CHICAGO TITLE INSURANCE COMPANY
Amended Commitment
SCHEDULE B - Section II
EXCEPTIONS
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITIONS, RESTRICTION OR
LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE
EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION OR LIMITATION
VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL
ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN:
The Policy will not insure against loss or damage resulting from the terms and provisions or
any lease or easement identified in Schedule A, and will include the following Exceptions unless
cleared to the satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other matters that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
which all of the Schedule B, Part I Requirements are met.
2. Rights or claims of parties in possession not shown by public records;
3. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete survey of the Land;
4. Easements or claims of easements not shown by the public records;
5. Any lien or right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed
by law and not shown by the public records;
6. Taxes or special assessments which are not shown as existing liens by the public records;
7. To insure gap coverage, a tract check must be ordered from Home Security Abstract & Title
Company and this file MUST BE closed by Home Security Abstract & Title Company OR documents,
fees, closing statements, copies of payoffs, etc. from the closing must be submitted to Home Security
Abstract & Title Company within 3 days of closing.
8. General taxes and special assessments as hereafter listed:
Real estate taxes payable in 2022 are $3468.00 and are paid. Base tax $3468.00, non-homestead.
Property Identification No.: 75-001-2401
There are no delinquent taxes of record for prior tax years.
NOTE: 1 st Half taxes are due and payable May 15th of each year and 2nd Half taxes are due and
payable October 15th of each year. Penalties and interest will accrue thereafter.
9. Liability for levied or pending assessments, if any, which are not covered herein.
This paee is only a part of a 2016 ALTA Commitment for Title [nsura�ice issued by Home Security Abstract & Tide Co. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B Part I—Requirements: Schedule B Part [I -
Exceptions and a counter-signawre by the Company or its issuing aeent that ma}� be in electronic form.
March 10, 2023
FORM CA6 SCH. A(rev. 07/09)
AgenYs File Reference: 517M
CHICAGO TITLE INSURANCE COMPANY
Amended Commitment
SCHEDULE B - Section II
EXCEPTIONS
10. Easements for roads, drainage, utilities and wetlands as shown on the plat to be recorded, if any.
11. Rights of the utility companies to use and maintain the utility lines over, under or across the subject
premises as disclosed by an inspection of the property.
12. Subject to the rights of the public entitled thereto in and to the use of any portion of the premises
that may be within the boundaries of Fillmore Street NW, as now laid out and travelled over the east
border herein.
13. Easement in favor of United Power Association dated April 2, 1968, filed May 16, 1968 as
Document No. 107756. Said easement now being 150 feet wide as more particularly described in
Partial Release and/or Definition of Easement filed October 31, 1984 as Document No. 185148.
14. Easement in favor of Rural Cooperative Power Association dated December 15, 1948, filed March
7, 1959 as Document No. 79616. Said easement now being 50 feet wide as more particularly
described in Partial Release and/or Definition of Easement filed October 31, 1984 as Document
No.185149.
15. Subject to the terms and conditions of City of Elk River Department of Transportation Right of Way
Plat No. 2 filed November 16, 1993 as Document No. 286032.
16. Subject to an easement for ingress and egress over the North 66 feet as reserved in that certain
Warranty Deed filed November 8, 1984 as Document No. 185329. Said easement is appurtenant to
the Southwest Quarter of the Northwest Quarter of Section 1.
17. Subject to the terms and conditions of Administrative Subdivision Proceedings filed August 15,
1985 as Document No. 190721.
18. Subject to the terms and conditions of Easement Agreement dated August 8, 1985 and included as
Exhibit A on Document No. 190721.
19. Subject to the terms and conditions of Easement Agreement filed April 23, 1985 as Document No.
188214.
20. Subject to the terms and conditions of Deed of Appurtenant Easement filed April 15, 1996 as
Document No. 323777.
21. Any lease, grant, exception or reservation of minerals or mineral rights appearing in the public
records.
22. Subject to any Easements, Development Agreements/Contracts and/or Covenants to be placed of
record simultaneously with the plat.
End of Schedule B— Section II
This page is only a part of a 2016 ALTA Commitment for Tide Insurance issued by Home Security Abstract & Title Co. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B Part 1—Requirements; Schedule B Part II -
Exceptions and a counter-signature by the Company or its issuing agent that may be in electronic form.
March 10, 2023
EXHIBIT H
Summary of Payrnents Due
��67,426.00 'City_Fees_escrow_deposit_(5% of total project_cost)____________________________iSection 8 (01)
�' - -- - - - - - -------------------------'- -- '
�10,920.00-----------------------��Jater Availability Charge-------------------------------------------------------------------------Section 8 (04)
�---------------- -
;$661.36 ;Park Dedication Fee ;Section 11
r-------------------------------------------a---------------------------------------------------------------------------------------------------------------------- '
;$79,007.36 "I'otal
J-1
TRAIL EXTENSION CONSTRUCTION COST
Riverside Development Company of Princeton
The Villas At Fillmore
Trail Extension Cost Nodland Construction Co., Inc.
ITEM Mn/DOT ESTIMATED
NO. SPEC. NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION
1 2021.501 MOBILIZATION LUMP SUM 0.05 $ 10,000.00 $ 500.00
2 2104.502 REMOVE CATCH BASIN EACH 1 $ 500.00 $ 500.00
3 2104.502 SALAVGE CASTING EACH 1 $ 250.00 $ 250.00
4 2104.503 SAWING CONCRETE PAVEMENT - FULL DEPTH LIN FT 17.0 $ 10.00 $ 170.00
5 2104.503 SAWING BITUMINOUS PAVEMENT - FULL DEPTH LIN FT 76 $ 5.00 $ 380.00
6 2104.503 REMOVE CURB AND GUTTER LIN FT 28 $ 15.00 $ 420.00
7 2104.504 REMOVE CONCRETE PAVEMENT SQ YD 19 $ 10.00 $ 190.00
8 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 36 $ 5.00 $ 180.00
9 2106.507 GRANULAR EMBANKMENT (CV) - FOR TRAIL CONSTRUCTION CU YD 236 $ 16.00 $ 3,776.00
10 2106.601 TRAIL GRADING LIN FT 685 $ 5.75 $ 3,938.75
11 2211.509 AGGREGATE BASE CLASS 5 TON 272 $ 20.50 $ 5,576.00
12 2360.504 TYPE SP 9.5 WEARING COURSE MIXTURE (2;C) 2.5" THICK SQ YD 807 $ 27.75 $ 22,394.25
13 2503.503 12" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT 12 $ 55.00 $ 660.00
14 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 $ 3,500.00 $ 3,500.00
15 2506.502 INSTALL CASTING EACH 1 $ 250.00 $ 250.00
16 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT 4.5 $ 800.00 $ 3,600.00
17 2521.518 6" CONCRETE WALK SQ FT 477 $ 7.75 $ 3,696.75
18 2531.503 CONCRETE CURB AND GUTTER SURMOUNTABLE LIN FT 63 $ 18.75 $ 1,181.25
19 2531.618 TRUNCATED DOMES SQ FT 48 $ 51.00 $ 2,448.00
20 2563.601 TRAFFICCONTROL LUMPSUM 0.05 $ 2,500.00 $ 125.00
21 2573.502 STORM DRAIN INLET PROTECTION EACH 1 $ 0.01 $ 0.01
22 2573.503 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT 652 $ 0.50 $ 326.00
23 2574.508 FERTILIZER TYPE 1 POUND 54 $ 0.50 $ 27.00
24 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 SQ YD 874 $ 0.50 $ 437.00
25 2575.505 SEEDING ACRE 0.18 $ 300.00 $ 54.00
26 2575.508 SEED, MIXTURE 25-121 POUND 22 $ 5.00 $ 110.00
Total $ 54,690.01
THE VILLAS AT FILLMOI�E
KNOW ALL PERSONS BV 1HESE PRESENTS: That Riverside �evelopment Company of Princelon, a Minnesota Corporallon, fee owner of lhe following
tlescribed property situoted in Me Caunty af SM1erOume, Slate of Minnesola, to wit:
The East Hal! o! the Soufheost puarter ot the Norfhwest puorter af Secfion 1, Township 32, Ronge 26, occortling to tM1e llnited Slofes
Gavernment Survey thereof on� siluate in S�erbume Counly, Minnesota.
Excepting lherefrom:
TFat parl wFich lies wilhin fFe following EescribeE perpetuol easemenl for street and utilily purposes:
That part o! tM1e Northwest puarter onE tM1e NortM1east Ouorfer ol tM1e SouMwesf Ouarler of Section 1, Township 32, Range 26, S�erburne
Caunty. Minneso[a, wM1icM1 lies East of tM1e following described line:
Beginning at a point on lhe Norfh line of saiE NortFwesl Ouarter Eistant 55.2fi feet West at tM1e Northeost corner of said Nort�Nest Quarter,
uretl along said Nor[M1 li e, to o aint on lM1e SoulM1 line at said Northeast Quarter o� Me Soulhwest Quorter Cistant 80.�1 feet Wesf
of fFe Soufheasl corner of saiEnNorlheast Quarter of the Southwest Quarter as measured along saiE SoulF line anE tM1ere terminaling.
Has c seC tM1e s e to be s rveyEE and platted as THE V1LLA5 AT FlL'�_MORE anE tloes hereby tletlicate la Me public for public u e farever �he
publlcaways a sM1own on lM1is plaf. Also tletliwting to Ihe public for public use forever IFe eosements as shown on Mis plot for draina9e antl ulility
purposes anlys
In witness whereof saiE RiversiEe �evelopment Company of Princeton no= �a�see �nese presents to be signeG Ey ils proper of�rer this
Eay of . 202_ .
RI�ERSIDE �EVELOPMENT COMPANY OF PRINCETON
RicFarE C. Fosler, Presiaenf
STAIE OF MINNESOTA
COUNN OF
The forgoing inatrumenl w acknowleEgeO betore me Mis day of , 202_ by Richartl C. Foster, PresiCent of Riverside
Development Campany o! Princeton, a Minnesota Corporation on beM1alf �>f IM1e Corporotion.
Nolary Public, Minnesota
�ny camm�ss�an expires
i ne�eny �erc�ry mac i na�e : ��eyea a�a piettee ma ia�a, o� e�.e�uy s�pe.w:ae cne :�.�re��y a�a pmecmy or me io�a aes�.med o� m��s plat as iHE
VILLAS AT FIILMORE: Mat t�is plat Is ect representation of IM1e b�undary survey. Nat oll mothemalical dala antl labels a ectly tlesignated
n lhis plai; tMat all m ents depicteE on tMis plat have been, o wll Ee c eclly xt wilM1in 1 yea�; a of tMe date ot tFis certifmtion, all wet
lontls antl water boundafies antl all public woys ore sM1own and labeletl as defnetl in Minnesota Stotutes, Sec�ion 505.01, Subd. 3.
Brian Person, Licensed Land Surveyor
Minnesofa License No. 49138
STAiE OF MINNESOTA
COUNtt OF ANOKA
This instrument w owletlgetl before me IM1is _ tloy of . 202_ by Brion Person, o Licensetl LanO Surveyor.
Minnesota License�Noac49138.
Approved anE a cepteE Ey lhe Cify Council af lFe Cify of Elk Rlver, S�erburne County, Minnesala at o meeting M1eIE
this day of , 202_ .
Moyor Clerk
Pursuant ta Sherburne County Ordinance Number 0�6, I M1ereby certlfy fM1al IM1is Olal Fas been checkeE and approveJ as to compliance with Chapter
505, Minnesota Slatutes this Eay of , 202_ .
sne�c���e co�oer s��.�ro�
I M1ereby cerlify taxes payable in tFe year _ n lands M1erein ces<ribed a e paid in full, anE IM1ere are no delinquent taxes, antl tM1at Iransfer was
entered Mis _ day ot o 202_ .
Sherbume County Autlitor/Treasurer
I Fereby cerlify thal lFis instrument w s fled in lhe Oitire of fhe County Recortler for recorC on iM1is day of , 202_
at _ o'clock _.M. anE was Euly recordeG as Document Number .
Vel ' �'�� "�
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THE VILLAS AT FILLMOI�E
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VICINITY MAP
SEC.1, T.32, R26
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��EE1 z oF z s�EErs
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
The Villas at Fillmore
THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement),
made and entered into this 3rd dayT of April, 2023, byT and bet�veen the CITY OF ELK
RIVER, a municipal corporation organized under the laws of the State of l��innesota (the
Cityr) and RIVERSIDE DEVELOPMENT COMPANY OF PRINCETON (the
Developer);
WITNESSETH:
WHEREAS, Developer has made application to Cit�T 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 River Cityr Code of
Ordinances, on certain propertyT located `vithin the City 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 hereafteY contained, it is heYeb�r agYeed as follows:
1.) Warrant�T of Develo�er - Developer hereb�T �varrants and represents to CinT,
as inducement to Cit�T's entering into this PUD Agreement, that Developer is the fee o�vner
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 accoYdance with the
following plans attached as exhibits hereto, subject to obtaining site plan approval for all
proposed site improvements provided byT this PUD Agreement:
Exhibit B — PreliminaryT Plat
Exhibit C — PUD Plan
Exhibit D — Development Standards
3.) Uses -
(01) Permitted Uses — PeYmitted uses shall include only the following
uses:
(i�
(ii)
(iii)
(iv)
(v)
Detached single-familST residential
Model homes in compliance �vith_section 30-800;
Public parks, p1a5T�rounds and open space;
Home occupations in accordance �uith Sec. 30-801;
State-licensed residential facilities or housing with services
establishments re�istered under Minn. Stats. ch. 144D
servin� six or fewer persons, licensed day care facilities
serving 12 or fewer persons and group familyT dayT care
facilities licensed under Minnesota Rules, parts 9502.0315
to 9502.0445, to serve 14 oY feweY children, except that a
residential facility whose primary purpose is to treat
juveniles who have violated criminal statutes Yelating to
sex offenses or have been adjudicated delinquent on the
basis of conduct in violation of criminal statutes relatin�
to sex offenses shall not be a peYmitted use;
4.) Approval b,T� - CityT herebyT approves the Project as shown in the attached
exhibits provided, however, that insofar as the exhibits var�T from the �vritten terms of this
PUD Agreement, the �vritten terms shall govern. This approval is subject to individual site
and building plan revie�v and approval as follo�vs:
(01) The Cit�T mayT, `vhen approving individual site plans, impose such
conditions as it shall deem necessar�T to ensure 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 Cityr Code of OYdinances.
5.) l�7aintenance of Pro�ect AYeas -
(01) Litter Control - Developer and all Third PartyT owners of lots within
the Subdivision shall pick up litteY as needed, at least once peY month
(except during winter weather), from:
(i)
�u)
(iii)
all parking and landscaped areas on their propertyT
public rights-of-wayT adjacent to their propertyT.
wetlands and storm wateY features adjacent to the pYopeYtyr.
(02) Enforcement - Failure of Developer or a Third ParnT to meet its
maintenance obligations under this paragraph will be grounds for
CinT to invoke against that parttT anyT remedy which CityT has under
this PUD Agreement.
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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 reasonablyT require longer than thirtyT (30) dayTs to
cure within such longer period as shall be reasonablyT necessar�T to cure such breach 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
remedies against the parnT `vho has breached:
(01) Withhold issuance of building permits or certificates of occupancyT
for any structure within the Project;
(02) Halt construction on public improvements not commenced or not
completed;
(03) Institute pYosecution of DevelopeY oY the Third PaYt�r undeY the
relevant provisions of the City Zoning Ordinance;
(04) Draw upon anyT financial securityT provided the City to assure
compliance;
(05) Institute a civil action to compel compliance or recover damages or
both.
7.) GeneYal Conditions - If DevelopeY oY a ThiYd PaYty fails to compl�r with any
of the provisions hereof, CittT mayT refuse to issue to the ParnT in breach a building permit or
ceYtificate of occupancy foY any lot oY paYcel in the Project. DevelopeY agrees 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 Cit�T harmless from an�T and all claims or actions arising from the right to
withhold 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 paYties hereto
and shall be binding upon all Third Parties or other future owners of all or anyT 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.
9.) Severable - In the event that anyr portion of this PUD Agreement shall be
held invalid foY anyr reason, the same shall not affect in any Yespect whatsoeveY the validityr of
the remainder of this PUD Agreement.
10.) Waiver - AnyT waiver, whether express or implied, byT anyT parttr of a breach of
any provision of this Agreement, will not operate as or be construed to be a`vaiver of an�T
subsequent breach of this Agreement.
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11.) Notices - r1ll notices and demands specified herein shall be deemed
appropriately and timely given when delivered personallyT or deposited in the United States
Main to the addresses hereinafter set forth by ceYtified 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 Cinr at Citv of Elk RiveY
Atm: Cit�T Administrator
13065 OYono PaYkway
Elk River, l��innesota 55330
If to the Developer at: Riverside Development Compan�r of Princeton
Attn: Richard FosteY
19230 Evans St NW, Suite 115
Elk RiveY, MN 55530
12.) Incor�oYarion bv RefeYence - r1ll plans, special pYovisions, pYoposals,
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 byT reference as fully as if set forth
herein in full.
13.) Enrire Agreement - This PUD Agreement, together �uith the exhibits
attached hereto, sets foYth the entire undeYstanding between the parties, theYe being no
terms, conditions, �uarranties or representations other than those contained herein, including
the exhibits hereto, and no amendments hereto shall be valid unless made in writing and
signed byT all the parties hereto.
This instrument was drafted byT:
The CinT of Elk River
13065 Orono Parkway
Elk RiveY, MN 55330
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IN WITNESS WHEREOF, the CityT and the Developer have caused this PUD Agreement
to be duly executed on the dayr and yeaY first above written.
CITY OF ELK RNER
ByT:
John J Dietz
Its: Ma�Tor
Bv:
Tina Allard
Its: Cit�J Clerk
DEVELOPER:
RichaYd FosteY
Its: Chief ManageY
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N:ADepartments\Community Development\Planning\Case Files\CUP\CU 22-15 The Villas at Fillmore - Riverside
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STATE OF MINNESOTA
COUNTY OF SHERBURNE
ss.
This instrument was acl�nowledged before me this day of , , by
John J Dietz and Tina Allard, the Mayor and City Clerk, respectively, for the City of E1k River,
Minnesota.
STATE OF MINNESOTA
COUNTY OF SHERBURNE
ss.
Notary Public
The foregoing instrument was acknowledged before me this
day of , , by
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION
The East Half of the Southeast QuarteY of the Northwest QuarteY of Section 1, Township
32, Range 26, accoYding to the United States Goverriment Survey thereof and situate in
Sherburne CountyT, iVlinnesota.
Excepting therefYom:
That part which lies within the following described perpetual easement for street and utilit�T
purposes:
That part of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of
Section 1, Township 32, Range 26, Sherburne Count�r, Minnesota, which lies East of the
following described line:
Beginning at a point on the NoYth line of said NoYthwest QuaYteY distant 55.26 feet West of
the Northeast corner of said Northwest Quarter, as measured along said North line, to a
point on the South line of said Northeast QuaYter of the Southwest QuaYter distant 80.01
feet West of the Southeast coYner of said NoYtheast QuaYter of the Southwest QuaYteY as
measured along said South line and there terminating.
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EXHIBIT B
Preliminary Plat
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N:ADepartments\Community Development\Planning\Case Files\CUP\CU 22-15 The Villas at Fillmore - Riverside
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EXHIBIT C
PUD Plan
9.
N:ADepartments\Community Development\Planning\Case Files\CUP\CU 22-15 The Villas at Fillmore - Riverside
Development CoA8-Approval Denial\The Villas at Fillmore PUD Agreement 4-3-2023.docx
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EXHIBIT D
Development Standards
1. Unit width and Placement
a. The minimum width of a d`velling unit shall be 40 feet.
b. D�velling units shall be sited on the lot in accordance `vith the PUD Plan
(EXHIBIT C)
2. Unit construction and design standards
a. Facades shall consist of at least two materials (brick, siding, stone, shakes, or
other materials approved by the cityT)
b. Driveways shall be limited to 18 feet wide at the propertyT line.
c. No more than two adjacent homes will have the same Yoof/facade styrle.
d. Fa�ade materials oY coloYs will not Yepeat between adjacent homes. Significant
variation in materials and/or colors is encouraged.
e. Setbacks
(1) Ttivent�r-five (25) feet from all public rights-of-way
(2) Five (5) foot side yard setback
(3) Five (5) foot gaYage side setback
(4) TwentyT (20) foot rear yard setback
£ Each home must have a minimum of five shrubs along the front foundation, and
two trees in the front yard.
g. Common Areas
(1) Common areas shall be under the ownership and control of the propertyT
o�vners' association, `vhich shall be responsible for the maintenance, and
repair of the common areas and the area abutting Cleveland Street.
3. Common Areas
a. Common areas shall be under the ownership and control of the propertyT owners'
association, which shall be responsible for the maintenance, and repair of the
common areas.
4. Area Identifcation Sign (Monument Sign)
a. The area identification sign (monument sign) must meet all standards outlined in
cityT ordinance.
b. A box drawn aYound the lettering on the sign shall not exceed 16 squaYe feet.
All other zoning and land use regulations shall be consistent with those required for
development within the R-1C oY similaY Zoning District.
10.
N:ADepartments\Community Development\Planning\Case Files\CUP\CU 22-15 The Villas at Fillmore - Riverside
Development CoA8-Approval Denial\The Villas at Fillmore PUD Agreement 4-3-2023.docx