HomeMy WebLinkAbout2022-07-15 Developer's Agreement - Amendment No 1 to CA 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:
Developer's Agreement
Amendment No. 1
Palmer Station
made and entered into the 15th day of July, 2022, by and between the City of Oak Park Heights and
Creative Homes, Inc. and Creative Homes Construction Investments,LLC, 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 Pa - t ts, this 5th day of A _.
2022.
//l
E
4ohnson, City Adniinhtrat -r
1
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT AMENDMENT NO. 1
PALMER STATION
THIS AGREEMENT, made and entered into this 15". day of s\ , 2022, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "City"), and Creative Homes, Inc. and Creative Home Construction Investments
LLC, (the "Developer").
WITNESSETH:
WHEREAS, the Developer and the City entered into a Developer's Agreement dated
October 3, 2017 regarding a new residential home subdivision development known as and platted
as"Palmer Station"legally described as follows:
See Attached Exhibit A
(the "Subdivision");and,
WHEREAS, during the course of construction, the Developer and its subcontractor
have made modifications to a substantial retaining wall structure located on Lots 7 & 8 of the plat;
and
WHEREAS, the modifications to the retaining wall structure were made out
of specification with the original plans and designs for the retaining wall, and constructed
without the oversight or approval of Developer's structural engineer such that the retaining wall
has not been certified by a structural engineer;and
WHEREAS the parties have entered into and executed a Memorandum of Understanding
dated December 7, 2021 regarding the retaining wall but desire to enter into this
formal Amendment No. 1 to the Developer Agreement dated 10/3/17 in order to
memorialize their amended approvals and obligations regarding this issue.
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated
herein by reference, and of the agreements and conditions hereinafter contained, it is hereby
agreed as follows:
1. Amendment Only. Except as hereinafter modified by this Amendment, all terms,
conditions and provisions of the original Developer's Agreement between the Parties shall
remain in effect and binding upon the Parties.
2. Revised Wall Specifications. The Developer has requested to install the retaining walls as
outlined in the attached design - referenced as Exhibit B hereto - dated 10-8-21 and such
design shall be followed by the Developer and their contractors. The Developer shall
provide to the City a final as-built ensuring that construction dutifully followed the design
by a date not later than 6/30/2022. The Developer further warrants to the City that the wall
design, (including but not limited to its interface and connections with other walls and
landscaping), is appropriate, stable, secure and built to best practices standards in such
industry and the Developer shall immediately correct any known defects in the construction
of the wall at its sole expense.
3. Warranty. The Developer shall ensure that the wall remains in stable, safe and functional
condition through 12/31/2032 and does hereby provide a warranty through 12/31/2032.
4. Inspections and corrections. The Developer shall cause and ensure that there are periodic
inspections (not less than once every 36 months) of such wall(s) to ensure that such walls
remain in a safe and stable condition with a written inspection report provided to the City
within 30 days of such inspection. If the inspection reports show or the City has other
reasonable cause to believe there are defects in such wall, then the City may undertake
further inspections by a licensed structural engineer to opine upon the stability and integrity
of the wall - such inspection costs shall be the Developer's. If corrections are required, then
the Developer shall promptly make the corrections at its sole expense. If the Developer does
not make corrections within a reasonable time period, the City may implement any
necessary corrections and which undertakings by the City shall be the full financial
responsibility of the Developer and/or assessed against the homeowner's association of the
Palmer Station development.
5. Indemnification. To the fullest extent permitted by law, the Developer and its transferees,
successors and assigns shall and does fully release, defend and indemnify the City from any
and all claims, losses, damages, or lawsuits associated with any form of failure of such
walls regardless of the Developer's remaining interest in the Development. Such release and
indemnification has no expiration date and shall survive the completion of the development
and sale of all lots.
6. Future Lot Owners. Developer shall inform any future prospective owner(s)of Lot 8 of this
Agreement and its recording against the title.
7. Transfer to HOA. All of the Developer's responsibilities outlined in this Amendment shall
remain in effect upon the Developer until such time as the Homeowner Association
becomes responsible for the retaining wall between Lots 7 & 8, pursuant to which the
Developer shall ensure its obligations hereunder are mutually agreed to by and transferred to
the HOA - which shall include the retaining wall between Lots 7 & 8 in the Development.
Should the City be unable to enforce any such provisions outlined above upon the HOA,
including due to its
2
Amendment No. 1 to Developer's Agreement of Palmer Station
failure to dutifully incorporate and/or function, or financial insufficiency of the HOA, then
the Developer shall remain liable for any and all such costs regardless of its remaining
interest in the Palmer Station development.
8. Stop Work Order. With the full and proper execution of this Amendment by all parties and
satisfactory completion of its elements, the City will release any stop work orders or other
construction limitations on Lot 8 otherwise known as 5573 Oak Cove N. related to the
issues outlined in this document.
9. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the
benefit of the heirs, representatives, transferees, successors and assigns of the parties hereto
and shall be binding upon all future owners of all or any part of the Subdivision and shall be
deemed covenants running with the land. References herein to Developer, if there be more
than one, shall mean each and all of them.
10. Recording: This Amendment shall be recorded and placed on record with the Washington
County Recorder 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.
11. Incorporation by Reference. All plans, special provisions, proposals, specifications and
contracts for the improvements furnished and let pursuant to this Amendment shall be and
hereby are made a part of this Agreement by reference as fully as if set out herein in full.
12. Administrative and Miscellaneous Expenses. Any and all administrative, legal or
engineering costs incurred by the City in conjunction with this Amendment shall be paid by
the Developer, which if not paid directly by the Developer, then the costs may be offset
against the Performance Bond or other securities which the Developer has filed and
provided to the City of Oak Park Heights.
IN WITNESS WHEREOF, the City and Developer have caused this Amendment No. 1 to
the Developer Agreement to be duly executed on the date and year first above written.
[SIGNATURE PAGES TO FOLLOW]
3
Amendment No. 1 to Developer's Agreement of Palmer Station
In the presence of: CI OF 0• P. HE AHTS
M. : omber
May..
Eric J.' son
Ci /Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this 5 day of , 2022 before me a Notary Public, within and for
said County personally appeared ary 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.
.•t
I :.1 MARY SEIGER o u.lic
` " NOTARY PUBLIC-MINNESOTA
„e, ., My Commission Expires Jan.31,2023
4
Amendment No. 1 to Developer's Agreement of Palmer Station
In the presence of: Creative ome Construct' n Investments LLC
Nick Hackworthy
Its: President
In the presence of: Creative o ,Inc.
Nick ac wo y
Its: President
STATE OF MINNESOTA ) '. MOLLY KATHRYN GOBLER
111161 NOTARY PUBLIC
3r)ss. fMINNESOTA
COUNTY OF WASHINGTON) ' My Commission Expires Jan.31,2024
On this f--
day of , 2022, before me a Notary Public, within and for
said County personally appeared Nick Ha cworthy to me personally known, by me duly sworn did
say that he is the President of Creative Home Construction Investments, LLC, a Minnesota Limited
Liability Company and President of Creative Homes, Inc., a Minnesota Corporation, named in the
foregoing instrument; and that said instrument was signed and sealed on behalf of said Limited
Liability Company and Corporation by authority of their respective Boards of Directors and said
Nick Hackworthy acknowledged said instrument to be the free act and deed of said Limited
Liability Company and Corporation.
2/ Ile
Notary Pu'.
5
Amendment No. 1 to Developer's Agreement of Palmer Station
THIS INSTRUMENT WAS DRAFTED BY:
Kevin S. Sandstrom
Eckberg, Lammers,P.C.
1809 Northwestern Avenue
Stillwater,MN 55082
(651)439-2878
6
Amendment No. 1 to Developer's Agreement of Palmer Station
EXHIBIT A
LEGAL DESCRIPTION
All that part of the Southwest Quarter of the Northwest Quarter of Section 4 in Township 29
North of Range 20 West of the Fourth Meridian, described as follows, to-wit:
Beginning at the Northwest corner of said Southwest Quarter of Northwest Quarter;
running thence south along the west line thereof 897.2 feet; running thence East and
parallel with the North line thereof 485.52 feet to a point; running thence North and
parallel with the west line thereof 897.2 feet to the north line thereof; running thence West
along the north line thereof 485.52 feet to the point of Beginning.
EXCEPT FOR: That property previously convened to Quentin W. Nordeen and Evelyn E.
Nordeen by warranty deed dated April 7, 1959, recorded April 7, 1959 in Book 219 of Deeds,
page 275 which is more particularly described as follow:
All of that part of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4)of
Section Four (4), Township Twenty-nine (29) North, Range Twenty (20) West,
Washington County, Minnesota, described as follows:
Beginning at a point on the West line of the Southwest Quarter of the Northwest Quarter
(SW 1/4 of NW '/4) of Section Four(4), Township Twenty-nine (29)North, Range Twenty
(20) West, Washington County, Minnesota, Seven hundred ninety-seven and two-tenths
(797.2) feet South of the Northwest (NW) corner of said Southwest Quarter of the
Northwest Quarter (SW 1/4 of NW '/4) Section Four (4); thence South along said West line
of Southwest Quarter of the Northwest Quarter (SW 1/4 of NW ')One hundred (100) feet;
thence East and parallel with the North line of the said Southwest Quarter of the
Northwest Quarter (SW 1/4 of NW 1/4) One hundred eight-three (183) feet; thence North
and parallel with said West line of Southwest Quarter of the Northwest Quarter (SW 1/4 of
NW '/) Section Four (4), One hundred (100) feet; thence West and parallel with said
North line of Southwest Quarter of the Northwest Quarter (SW '/4 of NW 1/4) of Section
Four(4), One hundred eighty-three(183) feet to the point of beginning.
and EXCEPT that property previously conveyed to Jordyce M. Johnson, dated May 10, 1963 in
Book 262 of Deeds, page 346; AND to Simon O. Johnson 1963, recorded October 14, 1963 in
Book 262 of Deeds,Page 346 which is more particularly described as follows:
The North One hundred fifty-three (153.0) feet of the West Four hundred eighty-five and
fifty-two hundredths (485.52) feet of the Southwest Quarter of the Northwest Quarter
7
Amendment No. 1 to Developer's Agreement of Palmer Station
(SW '/ of NW 1/4) of Section Four (4), Township Twenty-nine (29) north, Range Twenty
(20) West, according to the United States Government Survey thereof
and EXCEPT that property previously conveyed to Allan T. Palmer and Georgann E. Palmer by
warranty deed dated April 20, 1972, recorded April 21, 1972 in Book 316 of Deeds, page 161
which is more particularly described as follows:
That part of the Southwest Quarter of the Northwest Quarter(SW '/ of NW 1/4) of Section
4, Township 29 N, Range 20 W, described as follows:
Beginning at a point on the West line thereof 153 feet South of the Northwest corner;
thence East parallel with the North line 485.52 feet more or less to intersect the West line
of Tract A of Registered Land Survey No. 70; thence South along said West line of
Registered Land Survey 100 feet; thence West parallel with the North line of said
Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) to the West line thereof;
thence North along the West line 100 feet to the beginning.
TO BE PLA 1'TbD AS
Lots 1 through 13,Block 1
PALMER STATION
PALMER STATION
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Retaining Wall Design — Dated 10-8-21
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Amendment No. I to Developer's Agreement of Palmer Station