HomeMy WebLinkAbout2015-12-28 OPH Ltr to CA Forwarding DA for Recording CITY OF
OAK PARK HEIGHTS
N . 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax 651/439-0574
• c .
December 28,2015
Mr. Mark Vierling
Eckberg,Lammers, Briggs,Wolff&Vierling
Attorney's at Law
1809 Northwestern Ave.
Stillwater, MN 55082
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Re: Oak Park Senior Living—Phase IV—62 Unit Sr. Apt. Building
OPH File #2014-12.09
Developer's Agreement
Dear Mr.Vierling:
Enclose, ere ith for filing with the Washington County Recorder's Office, please find an
ori.•al spy f the above-referenced document,with attachments and Notice of
C-rtific.tion.
Regards,:
i
ri , ohnson
CityAdministrator
AI
l:Enclosures
Tree City U.S.A.
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned,being duly qualified and acting as City Administrator for the City of Oak
Park Heights, Minnesota DO HEREBY CERTIFY that the attached document:
City of Oak Park Heights
Washington County, Minnesota
Developer's Agreement
Oak Park Senior Living—Phase IV
62 Unit Senior Apartment Building
made and entered into the 25" day of November,2015,by and between the City of Oak Park
Heights and Tim Nolde, Oakgreen Villa,LLC and Green Twig Villas, T.T.T P, has been placed on file
at the offices of the City of Oak Park Heights, and that the same is a full,true and complete original
of said document within the files of the City of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Pyleights4this 28th day of
December,2015. //
/
/ r1cJhnson, City Administrator
Y
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT, made and entered into this 2S day of 11W
2015, by and between the City of Oak Park Heights, a municipal corporation under the laws of the
State of Minnesota(the "City"), and Oakgreen Villa,LLC, a Minnesota Limited Liability Company
and Green Twig Villas, LLLP , a Minnesota Limited Liability Limited Partnership (collectively
the "Developer").
WITNESSETH;That:
WHEREAS, the Developer has made application to the City Council for approval of the
General Plan- Planned Unit Development land within the corporate limits of the City described as
follows:
See Attached Exhibit A
(the"PUD" and also known as Oak Park Senior Living IV-62 unit Senior apartment Building);and,
WHEREAS,the City Council has on April 28, 2015, granted approval to the General Plan
- PUD, on the condition that the Developer enter into this Developer's Agreement stipulating the
conditions for the installation of water, sewer and other public improvements as well as the
development of on-site improvements hereinafter described, all in accordance with the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained,it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements".
Improvements to be installed by the City and paid for by Developer are hereinafter referred to as
"Plan B Improvements" for which there are none.
1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's
expense the following improvements under Plan A according to the following terms
and conditions:
A. The Developer shall do all site grading,common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance with the approved
grading, drainage and site plan. A grading plan with maximum two (2) foot
contours,pad elevations, drainage provisions, erosion control provisions and
cross sections, as necessary, shall be submitted to and approved by the City
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prior to commencement of any site grading. Any changes to the grading
plan during construction shall be submitted to the City for approval. Each
building site must conform to the grading plan approved by the Building
Inspector of the City of Oak Park Heights prior to a building permit being
issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented
by the topography and soil of the PUD in order to create the best
potential for preventing soil erosion. The Developer shall submit an
erosion control plan, detailing all erosion control measures to be
implemented during construction, said plan shall be approved by the
City prior to the commencement of site grading or construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City Engineer shall be installed prior to development
and as may be necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four(4) inches and shall be of a quality
at least equal to the soil quality prior to development.
5. The Developer shall not locate its equipment within the right-of-way
of 58th Street as acquired by the City of Oak Park Heights adjacent
to this development without the express written consent of the City
Engineer.
C. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be replaced
after all street and lawn grading has been completed in order to preserve the
lot markers.
D. The Developer shall be responsible for maintaining the location of and
protecting curb stops, water services and sewer services. Any service or
curb stop damaged shall be repaired or replaced as specified by the City.
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The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil(after grading)or driveway surface.
E. The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. Final
landscaping plans must be submitted to the office of the City Planner for
approval .
F. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until the PUD is completed.
Warning signs shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. The repair
of any damage done to the streets or public utilities by Developer or any of
its Contractors or Subcontractors, shall remain the fmancial responsibility of
the Developer.
G. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant to a plan which must receive the approval
of the City Planner.
General Requirements:
The Developer shall dedicate and survey all drainage and storm water
holding ponds as required by the City and to be shown on the fmal plat. The
Developer shall be responsible for storm sewer cleaning and holding pond
dredging, as required,by the City prior to completion of the development.
The City of Oak Park Heights is requiring Developer to dedicate storm water
drainage areas and holding ponds to serve Developer's project. Such areas
are incorporated within the drainage easements depicted on the final plat and
upon execution of this Developer's Agreement and the recording of the fmal
plat conveyed to the City of Oak Park Heights.
J. The Developer shall be responsible for securing all necessary approvals and
permits from all appropriate federal, state, regional and local jurisdictions
prior to the commencement of site grading or construction.
M. Tree Protection and Clearing:
The Developer must have the City Arborist or a person under her
designation providing on-site supervision and direction during the clearing
process. Prior to the clearing operation being initiated all clearing limits and
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trees to be protected shall be clearly marked. Tree protection fencing shall be
installed and maintained until after grading is complete. All fencing shall be
installed at least 20 feet distant from the trunks of large shade trees
(deciduous) and around coniferous trees no closer than the drip line. Silt
fencing may not be used as a substitute for tree protection fencing. Fencing
shall be orange in color with steel posts at 6-8 foot intervals. The City
Arborist shall be contacted by Developer for an inspection after the fencing
is installed. All tree replacement fees due the City pursuant to the City Tree
Protection ordinance following shall be paid within 10 days following the
Arborists certification of amounts due.
O. Warranty of Title.
By its execution hereof Developer hereby warrants and represents that it has
the exclusive and marketable fee title to the subject property. Developer
further warrants and represents that there are no liens or encumbrances
against the title and that it is fully authorized to execute this Developer's
Agreement as the fee owner of the subject lands.
P. Fire Hydrants.
All fire hydrants throughout the development shall incorporate an AFC-
Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece
design, compatible with a five inch Storz hose coupling. The nozzle shall be
an integral part of the fire hydrants and must be furnished by the
manufacturer or authorized distributor designated by the manufacturer. Storz
adapters will not be accepted.
Q. Utility Locations in City Right of Way.
In order to maintain compliance with regulations promulgated from the
Minnesota Office of Pipeline Safety the developer,its contractors,
subcontractors, and agents shall comply with the following requirements:
1. All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
2. The layout of utilities, including depths,off-sets and materials shall
be documented during construction and confirmed with city staff
during the installation process.
3. All lots are required to submit an accurate tie card showing the
utilities installed and measurements from fixed objects(corner of
house, fire hydrants, etc.)to the curb stop,location pins, clean
outs and tie in points for all utilities.
4. Multi-family and commercial lots must provide, in addition to the
above, professional as built drawings confirmed by field survey,
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ff,
showing the required information. In addition Engineering grade
GPS coordinates in the Washington County coordinate system
shall be supplied by the builder. These will allow the coordinates
to be electronically incorporated in to future city mapping.
5. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below fmal grade directly above
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
conduit that is within two inches of the fmal grade and pin located
at the lot line.
6. The Developer shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
failure to comply with these requirements including but not limited
to expenses the City incurs in correcting errors in information
provided by Developer its agents or contractors or remediating
problems resulting there from in the right of way.
7. Upon failure to provide full documentation as required the City
shall notify the Developer who shall have 30 days to secure
full compliance. Failure to comply will result in the work being
assigned by the City to an outside professional for completion of
the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the property or offset from
security required under this Developer's Agreement.
8. City staff shall document the time and materials required to review,
confirm and accept the installation documentation and shall
invoice Developer for the costs based on the actual work involved
or on a fee schedule adopted by the City Council.
P. Underground Installation of Electrical Distribution Lines. Pursuant to City
ordinance Chapter 1008 all electrical distribution lines located or to be located
upon the site shall be installed and maintained underground.
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
See Attached"Exhibit Plan A Site Costs and revision thereto"
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $72,691.00
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E
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $14,538.00
TOTAL ESTIMATED CONSTRUCTION COST $87,229.00
OF PLAN A IMPROVEMENTS:
SECURITY REQUIREMENT(25%) $21,807.00
TOTAL PLAN A ESCROW $109,036.00
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
C. Easements. The Developers shall dedicate to the City,upon approval of the
fmal plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan A and Plan B
Improvements as determined by the City. All such easements required by
the City shall be in writing, and in recordable form, containing such terms
and conditions as the City shall determine. If within the platted area, all
such easements shall be dedicated to the City and specifically described
within the Plat. As it affects all easements located outside the platted area,
the same shall be dedicated by separate easement conveyed to the City of
Oak Park Heights prior to the execution of the Developer's Agreement. The
fmal plat shall be fully executed and provided to the City prior to the
execution of the Developer's Agreement.
D. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all Plan
A Improvements and hereby guarantees the workmanship and materials for a
period of one year following the City's fmal acceptance of the Plan A
Improvements. Concurrently with the execution of this Developer's
Agreement, Developer or its general contractor shall provide a Performance
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a
Bond to the City of Oak Park Heights in a form to be approved by the City
Attorney, guaranteeing the performance by Developer of the construction of
the Plan A Improvements in a timely and proper manner. Additionally,
Developer guarantees and agrees that, should the City of Oak Park heights
need to apply a claim on said Performance Bond, that Developer shall pay
all attorney's fees and administrative expenses associated with said action.
E. Escrow. No work shall be commenced under this Developer's Agreement
until the Developer shall have filed with the City a cash deposit, certified
check or Letter of Credit(in a form to be approved by the City Attorney) in
the amount equal to the total estimated cost of the Plan B improvements plus
a security requirement of 25%in the total amount of$109,036.00. The City
shall have the right to apply against the Letter of Credit all bills incurred by
the City with regard to the Plan A improvements, however, the City shall
provide the Developer the opportunity to pay for said improvements as bills
are incurred, in cash, rather than applying payments as against the Letter of
Credit provided to the City, if a Letter of Credit is used in lieu of a cash
escrow by the Developer. In such case, the Developer shall have 10
business days from the time of submission of the bill by the City to the
Developer to pay to the City such amount in cash so that the City can use the
payment to pay the amount due in lieu of drawing down on the Letter of
Credit or other escrow on file with the City of Oak Park Heights.
4. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of $10,000 to
reimburse the City of Oak Park Heights for previous billed expenses relating
to this development.
5. GENERAL:
A. Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs,representatives, successors and
assigns of the parties hereto and shall be binding upon all future owners
of all or any part of the PUD 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. The Agreement, at the option of
the City, shall be placed on record so as to give notice hereof to
subsequent purchasers and encumbrances of all or any part of the PUD
and all recording fees,if any,shall be paid by the Developer.
B. Final Plat Approval. The City has given final approval to the plat of
the Oak Park Senior Living upon execution and delivery of this
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Agreement and of all required documents and security, subject to
compliance with the Ordinances of the City and terms and provisions
hereof,permits may be issued by the City.
C. Incorporation of Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of
this Agreement by reference as fully as if set out herein in full.
Specifically the following Planning Reports and Engineering files
and fmal documentation approved by the City Planner and the City
Engineer are specifically incorporated by reference herein and
included herein as if originally made part of this agreement.
1. January 8, 2015 letter from the City Planner TPC File #
236.02-14.08.
2. January 21,2015 letter from the City Planner TPC File#
236.02-14.08
3. July 23, 2015 Letter from Stantec Re: Oakgreen Senior
Living Phase IV.
D. P.U.D. Permit. The City of Oak Park Heights shall file the Planned
Unit Development Permit of record in the office of the County
Recorder. Providing that the Developer is not in default under the
terms of the Development Agreement, the City shall provide
appropriate releases to the financial aspects of same and
documentation to individual buyers of lots.
E. Administrative and Miscellaneous Expenses. As to any and all
administrative, legal or engineering costs which the Developer is
expected to pay to the City of Oak Park Heights,which costs may be
offset against the Plan A security which the Developer has filed and
provided to the City of Oak Park Heights, the Developer shall be
given the opportunity to review and comment on such costs prior to
the application by the City of Oak Park Heights to the cash deposit
or letter of credit. Should the Developer dispute the reasonableness
of any of the City's charges, Developer shall have the right to submit
any such dispute to arbitration at Developer's sole and exclusive
expense. Arbitration shall be conducted by the American Arbitration
Association and shall be initiated and paid for by Developer.
F. Establishment of Construction Schedules. The Developer with the
consent of the City Engineer shall establish and implement
construction schedules for Plan A improvements.
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s
G. Zoning. Lot 1, Block 3, OAK PARK SENIOR LIVING, has been
designated a zoning classification of PUD by the City Council. All
future use and development shall comply with the applicable
provisions of the relevant zoning ordinance of the City of Oak Park
Heights relating thereto.
H. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than.5%.
K. Handicapped Parking. Location of disability/ handicapped stalls
shall be made more efficient with regard to serving all of the areas of
the proposed facility. Disability/handicap parking stalls will be
established throughout the entire parking complex to provide
reasonable handicapped access throughout the senior community.
L. Landscaping. A fmal landscaping plan shall be developed and
submitted to the City Planner by Developer. In addition the
following modifications to the landscape plan shall be implemented
subject to fmal modifications by the City Planner:
1. Street trees shall be added in accordance with the approved
landscaping plan
2. The planting details depicted within the landscape plan shall
implement a lowest branching height to provide a uniform
appearance and to allow clearance for pedestrians, all in a
manner to be designated and approved by the City Forester.
3. Sodding and Seeding are discussed in the planting notes but
not defined in the illustration plans. The areas of sodding
and seeding shall be identified in a fmal plan to be submitted
and approved by the City Forester.
M. Trash Receptacles. Trash receptacle areas have been designated on
the site plan for the entire building. All tenants of the building will
be required to utilize these trash receptacles or will be required to
store trash internally.
N. Lighting. Developers must submit a lighting plan to the City
Council. A photo-metric lighting plan shall be submitted and subject
to review and specific approval of City Staff and City Council. All
lighting shall be hooded and controlled so as not to direct light
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source to adjacent lands and not to be visible from the public right-
of-way or from adjacent properties in compliance with Section
401.15B.7 of the Zoning Ordinance.
O. Signage. A master signage plan has been developed by the
Developer and submitted to the office of the City Planner for
approval. All signage shall be conformed to the master signage plan
so approved by the City Planner.
P. Any changes to the submitted landscape plan resulting from changes
to the stormwater ponding areas shall be subject to review and
approval of the City Council.
Q. Indemnification:
To the fullest extent permitted by law, the Developers shall indemnify and hold
harmless the City of Oak Park Heights, its agents and employees from and against any
and all claims, damages, losses or expenses, including but not limited to attorney's
fees, arising out of the issuance of this Developer's Agreement by the City of Oak
Park Heights and/or arising out of the performance or non-performance of its obligations
hereunder by Developer.
R. Council Imposed Conditions. The following conditions have been
imposed by the city council as a condition of approval of this project.
1. The revised plat for Oak Park Senior Living, the title work, as well as the dedication and
vacation of any easements shall be subject to the review and approval of the City Engineer and
City Attorney.
2. The development agreement shall include a provision that the Oak Park Senior Living
Phase IV will remain as senior rental and shall not be converted to non-restricted rental housing.
3. Lower 59th Street shall be widened to 35 feet after construction of Building 3. The street
medians on Upper 58th Street North and Lower 59th Streets North at Nova Scotia Avenue are to
be removed for easier emergency vehicle access. All changes to the roadway are subject to
review and approval of the City Engineer.
4. The City Council approves the project with the revised plans for the front entrance of the
building at the corner of Upper 58th Street North and Nutmeg Court North that eliminates parking
stalls and provides for additional green space.
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5. The City Council approves the project with the revised site plan which moves
Building 4 south, away from Upper 58th Street, while maintaining the 20 foot setback to
the townhome units.
6. The landscape plan shall be subject to review and approval of the City Arborist.
7. Plans shall be provided for the irrigation system subject to review and approval of the
City Engineer.
8. The grading and drainage plans shall be subject to City Engineer and the Middle St. Croix
Watershed Management Organization approval.
9. All utility plans shall be subject to review and approval of the City Engineer.
10. The City Council determined that the proposed non-shielded, residential style light
fixtures are appropriate.
11. The Applicant shall submit any plans for new signage subject to City approval.
12. The Fire Marshal and Police Chief should review the plans and determine the
accessibility of emergency vehicles throughout the development.
13. The snow storage areas and plan shall be subject to review and approval of the City
Engineer.
14. Any mechanical equipment that is ground mounted or visible from adjacent streets shall
be screened as required by the Zoning Ordinance.
15. All trash and recycling storage shall be internal to the building.
16. The City Council approves the project with the final building appearance, colors,
materials and the variety between buildings. The Applicant shall provide a
materials board for the building to be reviewed by the City Council.
17. The Applicant shall be required to enter into a development agreement. The development
agreement shall be subject to the review and approval of the City Attorney and City Council.
S. Conversion of Buildings Into Tax Exempt Property. Developer has
warranted to the City,the building to be constructed upon the property will be
held exclusively for residential rental for unsubsidized affordable senior
housing. They are to be held in private ownership and at a"for profit" status.
Developer agrees that any conversion of the land or buildings to "non-profit'
or "not for profit" status will require approval of the City of Oak Park
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4
Heights" and that Developer, its heirs and or assigns, shall enter into a
Payment in Lieu of Taxes Agreement (PILOT) with the City to compensate
the City for the loss of tax revenue generated from the project should that
change in status occur. The PILOT agreement shall contain the content and
form as approved by the City Attorney.
T. Senior Rental Housing. Developer has warranted to the city that the
structures and residential units to be completed on the site shall be used and
maintained exclusively for Senior Residential Housing. City approvals and
transportation projections, municipal services and land use has all been
predicated upon Developer's warranty. The Buildings and their occupancies
are to remain dedicated for senior rental as defined by the Developer to be for
persons age 55 and above. Provisions within leases implementing the
restriction and enforcement terms there of shall be submitted to City staff for
review and shall be used consistently within all leasing agreements. Unless
otherwise approved by the City of Oak Park Heights, no use of the buildings
shall be implemented or allowed by Developer, its heirs and assignees, except
as senior rental housing.
U. EMS SERVICES AND 911 CALLS
1. Emergency Services via Bayport Fire Department. At such time when the
Development(defined as the area controlled by Developer bounded by Nova
Scotia Ave; 58th Street, Oakgreen Ave and the city trail located along it's a
north property line of the overall site; exceeds 20.0 percent of all City
emergency calls responded to by the Bayport Fire Department(including fire,
good intent, false alarm and EMS/rescue, etc.),the Developers shall make an
annual payment to the City an amount equal to the cost impact the
Development has on the City's cost contribution to the Bayport Fire
Department for services over the 20.0 percent.
2.Billing. The City will directly bill the Developers after the City determines
the annual use generated by the Development and its impact on the City Fair
Share Formula or other future contribution protocol. The City will determine
annual use at the Development based on information provided by the Bayport
Fire Department `actual-run' data or other reliable source data.
3 Change of Fire/EMS provider to City. Should the City's relationship with
the Bayport Fire Department and/or is fmancial relationships substantially
change,the City reserves the right to amend this language as may be needed to
compensate for new Fire and/or EMS service vendor costs.
4 Disclaimer. While it is anticipated that the City can provide adequate
emergency responses to the Development,the City does not guaranty that it
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has adequate resources to respond to all emergencies or provide same in
perpetuity. The City further indicates to the Developers that it should consider
the implementation of necessary"on-site" staff and other emergency
mitigation resources so that emergency EMS/Rescue calls could be handled
internally and directly with appropriate health care providers and potentially
deleting the need of the City responses.
U. Notice/Remedies on Default or Violation of this Agreement
1. Whenever any event of default or failure to conform to the terms and conditions
of this Agreement occurs, the City shall give written notice of the event of default
or failure to perform to the Developer by United States Mail at the following
address:
If to Developer: Oakgreen Villa,LLC
P.O. Box 119
Stillwater,MN 55082
Attn: Tim Nolde
With Copy To: WNC
17782 Skypark Circle
Irvine, CA 92614
Attn: Michael J. Gaber
If to City: City of Oak Park Heights
14168 Oak Park Blvd.North
Oak Park Heights, Minnesota 55082
Attn: City Administrator
With a copy to: Eckberg, Lammers, Briggs,Wolff&Vierling, P.L.L.P.
1809 Northwestern Avenue, Suite 110
Stillwater, Minnesota 55082
Attn: Mark Vierling
Developer agrees to provide the City with the name and mailing address of any
subsequent Lot Owner acquiring any Lot from Developer.
2. Except as otherwise provided in this Developer's Agreement, if the Developer or
other party to which notice was provided above, fails to cure the event of default
or failure to perform within 10 days after the date of the mailed notice or fails to
undertake said cure and diligently pursue the same if it cannot reasonably be done
13
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within said 10 day period, in addition to any other remedy provided in this
Developer's Agreement and without waiver of any such right, the City may, after
providing written notice of default to the Developer, avail itself of any or all of the
following remedies for as long as the Developer and/or any other Lot Owner is in
default. WNC, in the event of Notice of default, will be allowed to substitute its
performance for that of Developer and provide a cure for the default.
a. Halt all plat development work and construction of development
improvements on the Lot of the defaulting Lot Owner until such time as
the event of default is cured.
b. Refuse to issue building permits or occupancy permits as to the Lot of the
defaulting Lot Owner until such time as the event of default is cured.
c. Apply to a court of competent jurisdiction to enjoin continuation of the
event of default.
d. If the event of default is a failure of the Developer to complete, construct,
install or correct the Plan A Activities or the Plan B Improvements in
accordance with the plans and specifications under this Agreement, the
City may perform such construction or work and the Developer shall
reimburse the City for its expenses incurred. This provision shall be a
license granted by the Developer and/or any other Lot Owner to the City to
so act, but shall not require the City to take any such action. This remedy
is in addition to and not in lieu of the City's right to draw on the Plan A
Security.
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IN WITNESS WHEREOF, the City and Developer have caused this Developer's
Agreement to be duly executed on the date and year first above written.
In the presence of: CITYOF OAK PARK HEIGHTS
a404
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E 'Aro Affi
City • , r.l.'trator
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this t'?Yday of NU C44 LU ' 2015 before me a Notary Public, within and for
said County personally appeared Mary McComber and Eric Johnson, to me personally known,
being each by me duly sworn did say that they are respectively the Mayor and the Administrator of
the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and
that the seal affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council and said Mayor and Administrator acknowledged said instrument to be the free act and
deed of said municipal corporation.
C' I I /
6 blic "411‘ 1_____—
, .
;� JENNIFER M.PINSKI
r .., NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2017 l�
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In the presence of O-.:green 4.11P C
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Its
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this ?S'41`day of j3Ove.Vk L 4L" , 2015, before me a Notary Public, within and for
said County personally appeared (' 1'e v1Avty1 . to me personally known, by me
duly sworn,did say that he is the ('k;( . of_Oakgreen Villa, LLC, a Minnesota
Limited Liability Company, named in the foregoing instrument by authority of its Board of
Governors and said ( i ��a(cJL and acknowledged said instrument to be the free act and
deed of said entity.
•
till �. JENNIFER M PINSKI �� blic
(,! NOTARY PUBLIC MINNESOTA
b My Commission Expires Jan.31,2017
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fi
In the presence of: n Twig °VA LLP
Its: General Partner
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this 9 day of N ®if-f447-✓" , 2015, before me a Notary Public, within and for
said County personally appeared "rl w► Nolte c- , to me
personally known by me duly sworn did say that he is the General Partner of Green Twig Villas,
LLLP, a Minnesota Limited Liability Limited Partnership, named in the foregoing instrument by
authority of its general partner acknowledged said instrument to be the free act and deed of said
entity.
, , .. JENNIFER M.PINS ti
S r� NOTARY PUBLIC-MINNESOTA
.4"7, My Commission Expires Jan.31,2017 ( o r.+ ' blic
17
ae
THIS INSTRUMENT WAS DRAFTED BY:
Mark J.Vierling
Eckberg,Lammers,Briggs,Wolff
&Vierling,P.L.L.P.
1835 Northwestern Avenue
Stillwater,MN 55082
(612)439-2878
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e i
EXHIBIT A
LEGAL DESCRIPTION
OAK PARK SENIOR LIVING IV PROJECT(2015)
Lot 1,Block 3, OAK PARK SENIOR LIVING, according to the plat thereof on file and of record
in the office of the Registrar of Titles,Washington County, Minnesota.
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EXHIBIT
PLAN A SITE COSTS
Folz, Freeman, Erickson, Inc.
1 iiritt-i1141455.11.111mtNolth Lima= Dilmeml•55012
Engineering Estimate
OWNER: Anchobaypm-Tim Nolde DATE:8/14/2015
PROJECT NAME:Oak Park Senior
PROIECr NO.14-147
She Conuralclion-Oak Park Senior Phase IV
ESTIMATED
# DESCRIPTION UNIT MEASURE QUANTITIES UNIT PRICE TOTAL COST
1 Silt Fencing/Bio Log lin.Ft 760 S 3.00 S 2,280.00
2 Common Excavation Cu.Yd. 715 $ 2.50 S 1,787.50
3 Connect to Existing Sanilmy Sewer Each 1 S 1,500.00 S 1,500.00
4 Construct Manhole over Existing Sanitary Sewer Each 1 S 3,500.00 $ 3,500.00
5 6"SCR 40 PVC Lin.Ft 40 S 26.00 $ 1,040.00
6 Extend Existing Sanitary Sewer Service Lin.Ft 60 $ 24.00 S 1,440.00
7 8612 Caamaete Garb and Garter Lin.Ft 250 $ 11.00 $ 2,750.00
8 Class 5 Aggregate Base Ton 500 S 11.00 S 5,500.00
9 2"Base Bit Course MnDOT 2360 MV3 Ton 100 S 70.00 S 7,000.00
10 1.5"Bit.Wear Coarse MnDOT 2360 MV4 Ton 100 $ 70.00 S 7,000.00
11 MnDOT Spec.Bit Tack Cont Gal 50 S 2.00 $ 100.00 II
12 4"Thick Concrete Sidewalk w/4"Sand Base Sq.Ft 2500 5 4.00 S 10,000.00
13 Rain Garden Soil Co.Yd. 20 S 35.00 S 700.00
14 Ram Garden Sand Cu Yd. 6 S 18.00 S 108.00
15 Londaeape Topsoil Cu Yd. 13 5 18.00 S 234.00 .
16 Iaodscape Rock Mulch Cu.Yd. 100 S 30.00 $ 3,000.00
17 Landscape Hardwood Mulch Cu.Yd. 75 5 25.00 $ 1,875.00
19 Perennial Plant Each 66 S 16.00 S 1,056.00
20 Deciduous Shrubs Each 49 S 30.00 $ 1,470.00
21 Coni[aous Shrubs Each 23 S 50.00 S 1,150.00
22 2-12"Dia.Deciduous Tree Each 11 S 200.00 $ 2,200.00
ENGINEERING COST ESTIMATE $55,690,50
NOTE: The City believed that the amount of $55,690.50 is likely too low an
estimate to initiate the calculation for the PLAN A elements found in the
Developer's Agreement. Accordingly, this figure is revised upward by an
additional 30.527'c to $72,691 and is utilized in the provision by the Developer
for the Letter of Credit dated 9/28/15 from Bridgewater Bank totaling a final
amount of $109,036.00 for which the Developer has provided.
raga tart
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