HomeMy WebLinkAbout[05] Final Plat, Liberty Pointe 3rd Additioni -t' '."&
Council Agenda Item 5
CITY OF S-F,
MEETING DATE: May 4, 2020
AGENDA ITEM: Final Plat, Liberty Pointe 3rd Addition
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (6-0)
recommends approval of the Final Plat of Liberty Pointe 3rd Addition.
PREVIOUS COUNCIL ACTION: The City Council approved the preliminary plat of Liberty Pointe in
2003.
BACKGROUND INFORMATION: The property was a tax forfeiture property and is now owned by
the City of St. Joseph.
Applicant Information: St. Joseph Vista LLC, Developer
Existing Zoning: R-3 Multiple Family Residential Planned Unit Development (PUD)
District
Future Land Use: High Density Residential
Location: South of Minnesota St. E and The Oaks on 20th (former Delwin
Ballroom)
Special Information:
Public Services: Engineering comments are attached.
Access: Access to the plat would be derived from 20th Ave. SE. Public right-of-
way of 50 feet in width is proposed for the future 20th Ave. SE to the east
and 33 feet in width for the future Dale St. E to the south. A temporary
driveway at the existing dead end of 20th Ave. SE may provide access
into the property.
Wetland:
Overall Plat Information:
Block 1, Lot 1
There are no wetlands on the property
Size
4+/- Acres
Use
Apartment
Lot Requirements would follow R-3 District -
Lot Size and Width: The minimum lot width is 12,000 SF and width is 80 feet at property line and 150
feet at setback line. The lot meets the minimum requirements.
Lot Requirements for R-3 Multiple Family Residential -
Front Yard Setback 35 feet
Side Yard (interior) Setback 20 feet, 50 feet where abuts residential)
Side Yard (street) Setback 30 feet
Rear Yard Setback 40 feet, 50 feet where abuts lower residential)
Maximum Building Coverage 35%
Maximum Lot Coverage 50%
Height Limitation 3 stories, 40 feet
Preliminary Plat/Transportation Plan.
According to the approved Preliminary Plat and Transportation Plan, a future minor arterial street to the
east (20th Ave. SE) is to be constructed. Additionally, Dale Street E is to be extended to the east along the
southern portion of the property. Typically, such public improvements are triggered by development.
Trail:
A future trail is planned along the west side of 20th Ave. SE at time of construction of the street per the
Comprehensive Plan, city subdivision ordinance and future trail plan.
Park Dedication:
Parkland dedication requirements for multi -family are 1,250 SF of land per unit or $975.00 per unit per
payment in lieu of land dedication or combination. A payment in lieu is required at site plan approval
prior to the issuance of a building permit.
Drainage and Utility Easements:
According to the City's Subdivision Ordinance, drainage and utility easements are to be 6 feet on interior
lot lines, 12 feet along roadways/public rights -of -way and over ponding areas.
The plat proposes 12-foot drainage and utility easements along the public rights -of -way. Easements will
be required over the ponding area and will need to be either added to the final plat or through an easement
agreement.
ATTACHMENTS: Resolution 2020-014
City Engineer's Memo
Draft Development Agreement
Approved Preliminary Plat
Final Plat
REQUESTED COUNCIL ACTION: Move to adopt Resolution 2020-014 Approving the Final Plat and
Development Agreement for Liberty Pointe 3rd Addition.
t.:I Cyr` `:F Si. J '1"I
Resolution 2020-014
RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT
Liberty Pointe 3rd Addition
WHEREAS, the St. Joseph Planning Commission held a public hearing on the preliminary plat of
Liberty Pointe on January 27, 2003, at which time all persons wishing to be heard regarding the matter were
given an opportunity to be heard; and
WHEREAS, the St. Joseph Planning Commission reviewed and recommended approval of the
preliminary plat on March 3, 2003 and final plat of Liberty Pointe 3rd Addition on April 13, 2020; and
WHEREAS, the City Council approved the preliminary plat on March 6, 2003; and
WHEREAS, a final plat for Liberty Pointe 3rd Addition has been submitted which indicates that the
final plat is consistent with the preliminary plat.
WHEREAS, the proposed plat has been reviewed by the city engineer; and
BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the
Trail Easement Agreement; and
BE IT FURTHER RESOLVED that the City Administrator and Mayor are hereby authorized to
execute the Developer Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA: That the final plat of Liberty Pointe 3rd Addition be approved with the following conditions:
All engineering issues are resolved.
Add the lot and right-of-way sizes to the final plat.
That trail easement for the existing trail be recorded with Stearns County prior to the issuance of
a building permit.
Drainage and utility easements are required over storm water treatment areas and shall be
recorded prior to the issuance of the building permit.
That site plan approval must be obtained prior to construction of the development conforming to
city ordinances.
That prior to issuance of a building permit, the developer shall enter into a stormwater facility
maintenance agreement with the City, which shall be recorded with Stearns County.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 4th
day of May, 2020.
ATTEST
Kris Ambuchl, City Administrator
CITY OF ST. JOSEPH
Rick Schultz, Mayor
-A"
SEH
Building a Better World MEMORANDUM
for All of Us®
TO: Therese Haffner, Community Development Director
City of St. Joseph
FROM: Randy Sabart, PE
City Engineer
DATE: April 6, 2020
RE: 2020 Liberty Pointe 3rd Addition
St. Joseph, MN
Final Plat Review
SEH No. STJOE GEN G176
I reviewed the final plat received March 23, 2020, and have the following comments:
Final Plat
1. The site Civil plan submittal did not accompany the final plat. As such, the review is limited to
observations of the final plat only.
2. It is anticipated that a private storm water treatment pond will be constructed in the vicinity of the
northeast corner of the site/plat. A permanent drainage and utility easement should be reserved for the
treatment area in accordance with the City's MS4 requirements.
3. It's noted from the aerial photo that the existing Liberty Pointe subdivision pedestrian trail south of
Jefferson Ln meanders in and out of the proposed plat (in the vicinity of the natural gas easement). An
easement for the existing trail should be formalized with the new developer.
rjs
c: Terry Thene, City of St. Joseph
Kris Ambuehl City of St. Joseph
\\sehsc.cst.sehinc.com\projects\pt\s\stjoe\common\general numbers\g176 2018 liberty pointe utility extension\1-genl\14-corr\m city final plat review 040620.docx
Engineers I Architects I Planners I Scientists
Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717
SEH is 100% employee -owned I sehinc.com 1 320.229.4300 1 800.572.0617 1 888.908.8166 fax
LIBERTY POINTE 3RD ADDITION
FINAL DEVELOPMENT AGREEMENT
CITY OF ST. JOSEPH, MINNESOTA
THIS AGREEMENT made effective the day of , 2020, by and
between the City of St. Joseph, a municipal corporation of the State of Minnesota (the "City"), and St Joseph
Vista LLC, a Minnesota Limited Liability Company ("Developer").
RECITALS
A. The Developer has the right to develop the property situated in the City of St. Joseph and legally
described as LOT 1, BLOCK 1, LIBERTY POINTE 3RD ADDITION, Stearns County, Minnesota
(the "Subject Property").
B. The City approved the preliminary plat of Liberty Pointe to facilitate development of a Planned
Unit Development with 53 single family lots, 30 twin home lots, and one multiple family Outlot
on the Subject Property on March 6, 2003.
C. On May 4, 2020 the City approved the final plat of the Subject Property known as Liberty Pointe
3rd Addition (the "Plat") with one multiple family lot, which approval is contingent on the terms
and conditions of this Agreement, including the Developer and the City entering into this
Agreement.
D. The Developer acknowledges that Developer is responsible for all costs incurred by it or the City
in conjunction with the development of this Plat, including, but not limited to construction of
improvements, legal, planning, engineering and inspection expenses incurred in connection with
approval and acceptance of the Plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the Plat and improvements
therein, unless otherwise provided herein.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the City and
Developer agree as follows:
PLAT
Recording. The Developer will record the Plat and this Development Agreement with the County
at Developer's expense within ninety (90) days of final plat approval, and will forward confirmation of the
recording of the documents to the City. In the event that technical or clerical revisions are needed in this
document or if for any reason the County Recorder deems the Development Agreement unrecordable, the
Developer and City will cooperate in the execution or amendment of any revised Development Agreement.
If, for any reason, the Plat is not recorded by the County, Developer agrees to hold the City harmless for
any costs incurred. It is expressly understood that Developer will have no claim for breach of this
Agreement in the event the Plat is not recordable or revisions are required in the Plat. If the Plat is not
recorded prior to the assignment of assessments, the Developer shall be responsible for all costs incurred
in the dividing of assessments at a later date. An electronic copy of the recorded, final plat shall be submitted
to the City Engineer in AutoCAD and Adobe PDF formats.
Monuments. The Developer will install Plat monuments for the Subject Property within one
year after recording the Plat. No Certificate of Occupancy will be issued for the Subject Property in the
Plat until the lot monuments have been installed and certified by a registered land surveyor. Monuments
will need to be relocated and/or replaced if they become buried or removed during the
excavation/development of the property.
Permits. The Developer shall be responsible for obtaining all permits, approvals, licenses or other
documents from any and all necessary governmental agencies, as applicable, (including but not limited to
the City, Stearns County, the Pollution Control Agency, the Department of Health, and the Department of
Natural Resources, Watershed District, and Northern Natural Gas) so as to enable the development of the
Subject Property.
Right to Proceed. Within the Plat, or within the public rights of way, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: (a) this
Agreement has been fully executed by both parties and filed with the County. (b) Developer has deposited
all escrows required by this Agreement.
IMPROVEMENTS
Water Main. The City agrees to proceed with said improvement following completion of a
public improvement hearing and will levy special assessments against the Plat pursuant to the provisions
of Minnesota Statutes Chapter 429. The Developer agrees that they will be deemed a petitioner for said
improvement and that Developer will not contest the assessment provided they receive the credit in
accordance with this Agreement.
The Developer agrees to construct at their expense the following private improvements:
Private Utilities. All private utilities (e.g. electric, telephone, cable television and natural gas)
must be installed underground serving the Subject Property.
Sanitary Sewage Pump Station. The Developer shall provide, operate, and maintain a private
sanitary sewage pump station on the Subject Property and sewage force main that discharges to the
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existing public sanitary sewer on 20th Avenue SE. To the extent practical, the sewage force main shall be
located within the public drainage and utility easements on the Subject Property. Where said force main
shall be constructed in the public right of way, it shall be located in a manner, as determined by the City,
that will minimize future construction conflicts with public infrastructure. The construction documents for
the sewage force main shall be reviewed and accepted by the City prior to any construction within the
public right of way. The Developer shall be responsible for all repairs that may be necessary to the private
sewage pump station and force main and shall be responsible for field locating said force main upon
notice from the City or the Gopher State One Call system. If public sanitary sewer service becomes
available on 20th Avenue SE, the Developer shall connect to the public sanitary sewer within a period of
one year upon notice from the City.
Hard Surfaced Private Driveways and Parking Areas with Lighting. Hard surface access
private drive(s) and parking lots located on the Subject Property in accordance with the plans approved by
the City with the building permit are a requirement and must be installed prior to the Certificate of
Occupancy being issued or as soon thereafter as possible, weather permitting. The Developer shall provide
and install one private parking lot light at the Subject Property's access point to the private access drive to
be located in the public right of way 20th Avenue SE.
Access to the Property. The Developer shall construct access to the Subject Property by
constructing a bituminous private driveway from existing 20th Avenue SE to the Subject Property in
compliance with city ordinance and building and fire code in accordance with plans approved by the City
with the building permit to be located in the City public right-of-way prior to the issuance of the Certificate
of Occupancy.
Record Drawings. Before issuance of the Certificate of Occupancy, the Developer shall provide
all record drawings for the sewage force main and the private driveway constructed within the public right
of way and public drainage and utility easements included in the Development Plan, and they must be
approved by the City Engineer. Record base drawings of the private improvements shall be submitted to
the City Engineer in electronic (AutoCAD) format.
Access. City hereby establishes, gives, grants and conveys to Developer and their respective
contractors and representatives, non-exclusive access to the 20th Avenue SE public right of way so
Developer can install, use and maintain the sewage force main and the private driveway. Any maintenance
shall be subject to City approval and Ordinances. A City permit must be obtained prior to any excavating
in the City public right-of-way and requires a Certificate of Insurance in accordance with City Ordinance.
Such access rights to the sewer force main described herein shall expire when the sewage force main is no
longer in service, and such access rights to the private driveway described herein shall continue until such
time that the public road known as 20th Avenue SE is completed. The Developer and their respective
contractors and representatives will be subject to the requirements of the City's ordinances and permits
involving access and work within the public rights of way. The access rights granted to Developer in this
paragraph shall be evidenced in a separate agreement acceptable to Developer and the City if requested by
Developer.
ADDITIONAL CONDITIONS OF APPROVAL
The Developer agrees with the following conditions:
A. Housing: that the site plan must conform to R-3 zoning standards for development, in addition
to the site design standards for those projects.
B. Site plan approval is required prior to building permit issuance.
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C. Civil plans, including but not limited to hydrology/hydraulic computations must be submitted
for review with the site plan approval application.
D. The Subject Property will be specially assessed for its costs for the water main in accordance
with the City's special assessment policy. At the time of the assessment, Subject Property shall
receive a $25,000 reduction off its assessment as the City's participation supporting
Developer's housing that serves low- and moderate -income residents by Developer
maintaining gross rents on all units at 60% or less of AMI as published annually by the
Minnesota Housing Finance Agency for a period of not less than 20 years starting on the date
the Project is issued the Certificate of Occupancy.
E. Drainage and utility easements are required over storm water treatment areas located on the
Subject Property and shall be recorded prior to the issuance of the building permit.
F. A public road to the east of the Subject Property known as 20th Avenue SE, along with
bituminous pedestrian trail meeting City specifications shall be constructed in the future as
determined by the City and the Subject Property may be specially assessed at time of such
improvements. At the time of the special assessment and subject to review and acceptance by
the City, Subject Property shall receive a reduction off its total special assessment for the cost
incurred by Developer to install the private driveway, except that such reduction shall not
exceed $70,000. The Developer shall submit to the City for acceptance a copy of the paid
receipt and a detailed itemization of the construction units of works for the private driveway
prior to any reduction of the special assessment and prior to the issuance of the Certificate of
Occupancy. Failure of the Developer to submit the paid receipt will void the reduction for the
future assessment.
G. A trail easement for the existing pedestrian trail on the Subject Property shall be provided by
the Developer to the City prior to the issuance of a Certificate of Occupancy.
H. That the Developer will be required to obtain a NPDES Phase II (Construction Storm Water)
permit from the MPCA.
L That the City must have an approved grading plan submitted by the Developer for the Subject
Property prior to the issuance of a building permit.
DEDICATION
Developer has provided to the City any and all necessary easements and/or dedications or deeding
to ensure that the City has the ability to maintain, repair, replace or modify the roadways, trails, sewer, and
water mains, storm sewers, holding and sedimentation ponds and other public improvements located in the
Plat.
STORM WATER TREATMENT AREAS AND STORM WATER PIPES
Cleaning of Stormwater Facilities. At such time as the City determines that construction on the
Subject Property has been sufficiently completed so as not to cause significant erosion which will
contaminate the storm water treatment areas servicing the Subject Property, the Developer will clean/dredge
all storm water treatment areas and storm water pipes on the Subject Property. In the event the treatment
areas require cleaning/dredging prior to the completion of all such construction, the City may request that
the Developer complete more than one cleaning of the treatment areas. Developer is responsible for all
permits relating to cleaning and dredging of treatment areas and pipes, including permits required by the
Department of Natural Resources and the Army Corps of Engineers, as applicable.
F
Buffer Area Adjacent to Ponds. All storm water ponds servicing the Subject Property, whether
such ponds are located on City owned property, easements running in favor of the City, or on private
property, must maintain a minimum of an 8-foot natural buffer from the high-water mark. Notwithstanding
the above, one access to each pond may be required by the City in a location determined by the City in its
sole discretion.
Maintenance of Stormwater Improvements. Prior to issuance of a building permit, the
Developer shall enter into a storm water facility maintenance agreement. The Developer shall be
responsible for maintaining the stormwater facilities and for observing all drainage laws governing the
operation and maintenance of the stormwater facilities. The Developer shall provide the City with a
schedule that is reasonably acceptable to the City for the periodic inspection of the stormwater facilities by
the Developer. The Developer shall make all such scheduled inspections, keep records of all inspections
and maintenance activities, and submit such records annually to the City upon its request. The cost of all
inspections and maintenance, including but not limited to skimming and cleaning the stormwater facilities,
shall be the obligation of the Developer and its successors.
Stormwater Management. Prior to issuing the Certificate of Occupancy, the following must be
completed:
A. Submittal of as -built record drawings of the stormwater facilities.
B. Submittal of post -construction infiltration field-test, if applicable.
C. Certification by a qualified engineer or hydrologist verifying the facility has been constructed
in accordance with the storm water plans and specifications submitted and approved by the
City with the issuance of the building permit.
D. Final site inspection by City staff or City representative.
EROSION AND LANDSCAPING
Erosion Control. The Developer shall comply with all requirements of the "General Storm Water
Permit for Construction Activity" issued by the Minnesota Pollution Control Agency and with all
requirements of the Sauk River Watershed District permit, if applicable, for construction activities and with
the tasks on Exhibit A designated as the Developer's responsibility. In addition, the City may impose
additional erosion control requirements if in the opinion of the City Engineer such requirements are
necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of
City utility systems. The Developer shall comply with the erosion control plans and with any such
additional instruction it receives from the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Seed shall include rye
grass or other fast-growing seed to provide a temporary ground cover as rapidly as possible. All seeded
areas shall be mulched and disc -anchored as necessary for seed retention. The parties recognize that time
is of the essence in controlling erosion.
SITE GRADING
Site grading shall meet all the requirements set forth in the City's Development Manual, and in the
General Storm Water Permit for construction.
When the site grading has been completed:
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A. The Developer shall verify by field survey that the site grading has been completed in
accordance with the city approved grading plan. The Developer shall submit the record site
grading plan to the City for approval prior to the issuance of the Certificate of Occupancy.
B. Elevations shall be taken on all lot corners, all building pads, and on drainage breaks, ponding
sites, ditches, and swales. Arrows shall show how the lot is to drain.
C. No permanent material stockpile of any sort will be permitted on the Subject Property.
Temporary stockpiles shall be placed outside of the public right of ways and easements, and
shall be limited to suitable grading and construction materials generated from within the
Subject Property and for use in the grading of the present Project. Excess materials not reserved
for the present development, as defined by the City accepted grading plan, shall be removed
from the site. Temporary stockpiles shall be limited to a maximum of twelve (12) feet in height
and for a duration not to exceed eighteen (18) months.
Hold Harmless Agreement. The Developer acknowledges that its failure to control erosion for
its work may cause flooding and/or damage to adjoining property owners. In such event, the Developer
agrees to hold the City harmless and indemnify the City from claims of all third parties of the Developer
for flooding and/or damages arising out of such failure. Further, after giving five (5) days advanced notice
to Developer and Developer does not comply within said five (5) days the City may undertake any
corrective actions to prevent or minimize any such flooding and/or damage, the Developer agrees to hold
the City harmless and indemnify the City from claims of all third parties for damages arising out of said
corrective action by the City, and agrees to reimburse the City for all out of pocket expenses incurred by
the City arising out of the corrective action including, but not limited to any costs necessary to re -landscape
disrupted soils located with the Plat.
CITY FEES
Sanitary Sewer Trunk Charges. The Developer agrees to pay Sanitary Sewer Trunk Charges
according to the City's development fee schedule in effect at the time of final Plat approval. Such charges
shall be paid to the City with the building permit issuance for the Subject Property. The current 2020
Sanitary Sewer Trunk Charges is $400 per unit or $19,200 for Developer's 48-unit project.
Water Trunk Charges. The Developer agrees to pay Water Trunk Charges as determined by the
City Engineer.
Park Fees. The Developer agrees to pay a park dedication fee in accordance to the City's fee
schedule in effect at time of building permit application. Such fee shall be paid with building permit
issuance for the Subject Property. The current 2020 park dedication fee is $975 per unit or $46,800 for
Developer's 48-unit project.
SAC/WAC. The Developer acknowledges that sewer and water access charges will be payable at
then current rates at the time building permits are issued for construction on the Subject Property. The
current 2020 sewer access charge for multifamily is $2,000 per unit or $96,000 for Developer's 48-unit
project. The current water access charge for multifamily is $2,800 per unit or $134,400 for Developer's
48-unit project.
Storm Water Development Fees. There are no storm water development fees due for the Subject
Property.
IZ
MISCELLANEOUS
Representations. The Developer represents, to the best of its knowledge, that the Plat complies
with all city, county, state, and federal laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations and permits thereto related. Prior to
recording of the Plat, if the City determines that the Plat does not comply, the City may refuse to allow
construction work in the Plat until compliance is achieved.
Assignment. This Development Agreement cannot be assigned or transferred without the written
consent of the City which shall not be unreasonably withheld or delayed. A breach of the terms of this
Agreement by the Developer, including the unauthorized assignment or transfer of the Agreement, will be
grounds for denial of the issuance of any building permit.
Waivers. The rights of the City under this Agreement are in addition to any other rights under
statute, ordinance or any other agreement. The action or inaction of the City will not constitute a waiver or
amendment under the provisions of this Agreement. To be binding, amendments or waivers will be in
writing, signed by the parties and approved by the City Council. The City's failure to promptly take legal
action to enforce this Agreement will not be a waiver or release. There is no intent to benefit any third
parties and third parties will have no recourse against the City under this Agreement.
Reimbursement. The Developer will reimburse the City for all costs incurred by the City in the
defense or enforcement of this Agreement, or any portion thereof, including court cost and reasonable
engineering and attorneys' fees. The Developer shall be responsible for the cost of acquiring and installing
street signage consistent with that used in other recent developments within the City. To ensure
reimbursement of the City's costs, the Developer shall deposit with the City $5,000. The City will
provide the Developer with a detailed statement each month illustrating any cost deducted from the escrow
account. In the event the escrow is not sufficient the City will invoice the Developer for the additional costs
and payment shall be made within 14 days of the date Developer received the City's notice of costs. If such
reimbursement is not made, the City may place a hold on all construction or other work related to the
Subject Property, or refuses the issuance of building permits until all costs are paid in full.
License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Subject Property to perform all work and/or inspections deemed
appropriate by the City during the development of the Subject Property.
Violation of This Agreement. If the Developer fails to perform any of the terms of this Agreement
in the manner required by the City, the City shall have grounds for denial of building or occupancy permits
for the Subject Property.
Agreement Binding. The terms and provision hereof shall be binding upon, and inure to the benefit
of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Subject Property and shall be deemed covenants running with the land.
Indemnification. The Developer will have no claim against the City and its officers and employees
for damages sustained or costs incurred resulting from plat approval and development undertaken by the
Developer. The City and its officers, agents and employees will not be personally liable or responsible in
any manner to the Developer, contractor or subcontractors, suppliers, laborers, or to any other person or
persons whomsoever, for any claims, demands, damages, actions, or causes of action of any kind or
character whatsoever arising out of or by reason of the execution of this Agreement, or the design,
7
performance, and completion of the work and the improvements to be provided by Developer pursuant to
this Agreement. The Developer will hold the City harmless from claims by third parties, including but not
limited to other property owners, contractors, subcontractors and suppliers, for damages sustained or costs
incurred resulting from plat approval and the development of the Property. The Developer agrees to
indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit,
action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or
death of any person resulting from any actions by the Developer, or its agents or contractors.
Insurance. Until all of Developer's obligations under this Agreement are fulfilled, the Developer
will provide and maintain commercial general liability insurance covering personal injury, including
death, and claims for property damage of others which may arise. Limits for commercial general liability
claims covering bodily injury, death or third -party property damages will not be less than $500,000 per
occurrence and $1,000,000 in aggregate. Limits for property damage will not be less than $500,000 per
claim. The City will be named as an additional named insured on said policy and the policy shall provide
that it may not be cancelled without 30 days prior written notice to the City except in the event of non-
payment of premium which shall not be less than 10 days. The Developer will file a copy of the insurance
coverage with the City upon execution of this Agreement. The insurance policy obtained by the
Developer is subject to City approval. In the event that the City is held liable to a third party by a court of
competent jurisdiction for damages and the insurance obtained by Developer for any reason fails to cover
the City, the Developer will be liable under this Agreement for any and all costs incurred or damages
claimed against the City.
Certificate of Occupancy. The City will not issue the certificate of occupancy for the Subject
Property's building until the building has been connected to sanitary sewer and water, complied with the
grading, building and site plans, and the private access driveway for the Subject Property has been
constructed with bituminous in accordance with the plans approved by the City with the building permit.
Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase
of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision
shall not affect or void any of the other provisions of this Agreement.
DEFAULT ON AGREEMENT
Events of Default. The following shall be "Events of Default" under this Agreement and the term
"events of default" shall mean, whenever it is used in this Agreement (unless the context otherwise
provides) any one or more of the following events:
A. Failure by the Developer to observe and substantially perform any covenant, condition,
obligation, or agreement on its part to be observed or performed hereunder.
B. If the Developer shall admit in writing its inability to pay its debts, generally as they become
due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its
creditors, or shall consent to the appointment of a receiver of itself or of the whole or any
substantial part of the Subject Property.
C. If the Developer does not pay the assessments due on the Subject Property pursuant to the
provisions of Minnesota Statutes Chapter 429.
If the Developer fails to cure the Event of Default within ten (10) days of the date of notice sent to
Developer by regular first class U.S. mail, Developer agrees that the City is hereby granted the right and
privilege to declare any amounts expended by the City then due and payable as liquidated damages in full,
and the City may immediately bring legal action against the Developer to collect such sums expended by
the City; the Developer shall be personally responsible for payment of such sums; in addition, the City
shall have a lien against the Subject Property. In addition to any other remedy provided in this
Agreement, and without waiver of any such right, the City may avail itself of any or all of the following
remedies:
1. Halt all Plat development work and construction of Improvements.
2. Refuse to issue building permits or occupancy permits until such time as the Event of
Default is cured.
3. Apply to a court of competent jurisdiction to enjoin continuation of the Event of Default.
4. Terminate this Agreement by written notice to the Developer.
The City acknowledges and agrees that Wells Fargo Affordable Housing Community Development
Corporation, a North Carolina corporation, its successors and/or assigns (the "Investor Member") is being
admitted as the investor member of the Developer and that MidCountry Bank (the "Lender") is making a
construction loan to Developer. Notwithstanding anything to the contrary contained in this Agreement, the
Investor Member and the Lender shall each have the right, but not the obligation, to cure any default of
Developer under this Agreement, and the City agrees to accept cures tendered by the Investor Member
and/or the Lender, as follows: (a) with respect to any monetary default under this Agreement, the City shall
notify the Investor Member and the Lender in writing of such monetary default, and the Investor Member
and/or the Lender shall each have thirty (30) additional days after the receipt of any such notice to cure a
breach beyond any applicable cure periods provided to Developer; (b) with respect to any nonmonetary
default under this Agreement, the City shall notify the Investor Member and the Lender in writing of such
nonmonetary default, and the Investor Member and/or the Lender shall have ninety (90) days after the
receipt of any such notice of such nonmonetary default to cure or cause to be cured such nonmonetary
default, and if such default is incapable of being cured within such ninety (90) day period, the City shall
provide additional time needed to cure such default as long as such cure was commenced within such ninety
(90) day period and the Investor Member and/or the Lender is diligently proceeding to cure such default,
and (c) if the Investor Member cannot cure any default because the Developer's managing member is in
bankruptcy and/or because the cure requires removal of Developer's managing member and the Investor
Member is proceeding diligently to remove Developer's managing member in order to effectuate a cure of
the default, the cure period shall be extended for such reasonable time as is necessary for the Investor
Member to effect a cure of the default. The City agrees that this Agreement will not be considered to be in
default until the expiration of all notice and cure periods provided to Developer, the Investor Member and
the Lender. Notwithstanding the City's failure to deliver notice of a default under this Agreement to the
Investor Member and the Lender, the City acknowledges and agrees that the Investor Member and/or the
Lender is entitled to cure any default under this Agreement within the cure periods provided herein and the
City shall accept any cure tendered by the Investor Member and/or the Lender as a cure by Developer if
City reasonably determines that such cure tendered by the Investor Member or the Lender addresses the
default.
Notwithstanding anything to the contrary in this Agreement, the City agrees that is shall not have any right
to seek remedies against the Investor Member or the Lender, except to the extent the Investor Member or
Lender assumes Developer's responsibilities under this Agreement.
Addresses.
The address of the Developer for the purposes of this Development Agreement is:
St Joseph Vista, LLC
366 IOth Avenue South
Waite Park, MN 56387
E
The address of the Investor Member for the purposes of this Development Agreement is:
Wells Fargo Affordable Housing
Community Development Corporation
MAC D1053-170
301 South College Street, 17th Floor
Charlotte, NC 28288-0173
Attention: Director of Tax Credit Asset Management
The address of the Lender for the purposes of this Development Agreement is:
MidCountry Bank
7825 Washington Avenue, Suite 120
Bloomington, Minnesota 55439
The address of the City for the purposes of this Development Agreement is:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
IN WITNESS WHEREOF, the parties have hereunto set their hands.
CITY OF ST. JOSEPH
Date:
Rick Schultz, Mayor
Kris Ambuehl, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged before me the day of 2020, by Rick
Schultz and Kris Ambuehl, the Mayor and City Administrator, respectively, of the City of St. Joseph.
Notary Public
10
ST JOSEPH VISTA, LLC, DEVELOPER
By: ST. JOSEPH HOUSING GROUP, LLC, a Minnesota limited liability company,
Its: Manager
Date:
Jamie J. Thelen, Secretary Treasurer
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged before me the day of , 2020, by Jamie J.
Thelen, the Secretary/Treasurer of St Joseph Vista, LLC's Manager, on behalf of the Developer.
Notary Public
Drafted By:
City of St. Joseph,
75 Callaway St. E
St. Joseph, MN 56374
II
EXHIBIT A
EROSION CONTROL PROCESS
Task
Responsible Party
Action By
Prepare SWPPP and obtain General Storm -Water
Developer (private) or City
Developer's Engineer if private
Permit from MPCA.
(public) project.
pro] ect, City Engineer if public
pro] ect.
Establish erosion/sediment control and mass
Developer (private) or City
Contractor
grade the site.(public)
roject.
Place topsoil, seed, mulch except on boulevards
Developer (private) or City
Contractor
and front yard utility easements. Bring
(public) project.
transformer pads to grade. Wait for private
utilities.
After curb and gutter is in, install private utilities
Developer.
Private Utility companies.
in easement area.
After utilities are in, construct sidewalk.
Developer (private) or City
Contractor
ublic roject.
Place topsoil, seed, and mulch on remaining
Developer (private) or City
Contractor
disturbed areas.
(public) project...
Complete "as -built" survey for all site grading for
Developer (private) or City
Developer's Engineer if private
Subject Property. This now becomes the
(public) project.
project, City Engineer if public
"Development Plan"
pro] ect.
Place silt fence behind curb (or sidewalk)
Developer (private) or City
Contractor
throughout development.(public)
roject.
Set Property Irons.
Developer
Developer's Surveyor
Transfer permit to Developer when construction
Developer (private) or City
Developer's Engineer if private
is complete.
(public) project
project, or City Engineer if public
proj ect
Submit building permit application. Include site
Developer.
Contractor
survey.
Issue building permit.
city
Building Inspector
Construct 24' wide opening in silt fence at
Developer.
Contractor
driveway and place rock entrance. Place
additional silt fence as necessary to keep soil on
lot.
Maintain silt fence and other erosion/sediment
Developer.
Contractor
control items.
Sweep streets as required.
Developer
Developer, or City if agreement to
back charge Developer.
Submit certified lot survey showing final
Developer.
Developer's Surveyor
structures and lot elevations.
Issue Certificate of Occupancy.
city
city
Submit "Notice of Termination" to MPCA within
Developer
Developer
30 days of final site stabilization and removal of
all non -builder silt fence and other
erosion/sediment control items.
12
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DEDA VELOPMENT TA
LAND OWNER
W,, Development
Risk Pepiinski
110 tad Street So th, Suite 302
Waite Pam, MN 56387
320-252-9585
PLANNER. ENGINEER. SURVEYOR
Westwood Professional Sarvices, Inc.
3701 12Tth Stre.t NO.nh, SNlte 20R
St 0"d, MN 56303
320 253-9495
GI DATA
Existing 2onang:
0-5 Year annexation area
Proposed Zoning:
PURO
50 tT +/-
ACRES +f-
Totai Site Area
Singia Pamily
Towahomes
- 1,495,555
- 621,769
- 85,560
34.3
14.27
1.96
Common lot
- 315.531
7.24
Qitlet Anta (ONHot 8)_ 271.280
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Propeeed ROW
- 185.333
4.25
EMO;nq ROW
- 14,U7
0.32
WETLAND QELNEAnON NOTES
Wetland boundaAes wars 4.11 tad and flogged in the
field by Westwood Professional Sln,!111 Inc on
See tmnber 16, 2002 Ing the routine determination
m thod set forth in the Corps of Engineers Wetlands
Defir-U., Manaai (E-.nmental Laboratory, Waterways
E*.I,. nt Stat on, 1.87).
aiNGLE FAMILY RESIDENTIAL LOT SIZES (MI )
Minimam 80 wide, 10,000 of
Mini—
n m m 75' wide, 10,000 sf
M mum 80 7V Wide'
9,000 e
0 M n mein 57, wide, 10.000 of
Common Lats/Tawnhames
Apartment Site - Future
TYPICAL RESIDENTAL LOTS
(N. Scale)
Trad't'anal Homes
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wine rw*, Mier-te s616'r
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GOPHER STATE ONE CALL
Twin City Are. 651-4510002
Me. To11 Erae 1-800-252-1166
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Illustrative Site Plan
& Preliminary Plat
LIBERTY POINTE 3RD ADDITION
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KNOW ALL MEN B, T—EFESfNJS Jnvt 51 J ,,Ph —1 UG o na y p y ee vwnn ,I Ne Id�o 9
esc-e r er s�fuo �n ne oun o cans. State o/ Mlnnesvfv, to-Iw;bfed
,veyed v pla(fetl vs CIBEF iY POIry Jf 3F0 ADD180N, on
pvb icalo pub ntl vr Ine O.- w ys and also dedic g 1.1 p lit fne easements vs shown on I spat for dra g
----------------
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Tne !a-egving Insf.vmenr wos acFnowled9ed belo.e me fn;s _____ day o] __—__ — d0_ by - - _ _ _____ ___
compo , vl st Joseph IOIT. LLC, o Minnesota limrtad lia y p µ ee owner, on benol1 of so id
11—
ladels ° w✓I
laws °/ Ine State v/ Minneavlo. y ° °c vnde y uect s pe ns�vn and IM1Df I om o y tensed lone su yw vneer Ne
—
R. EDLEY, LICENSED [AND SURVEYOR
----
k_ M,NNESOTA DTA L LICENSE NDMDER 5531
TATE DT MlNNESDTA
GD NTY Df----------
Ge.N-canon wa, a„nawl�ped b.,a.e me In,e da a
faley. L,cenee an a.��, mn�aa ;canes pm p, .
CITY Of ST JDSEPH PLANNING CCMMISSIDN
Appr— by Ine Planning Lvmmissvn of Ine G-y of 51. Joseph lnis ___— dvy v/ - _ - - - - _ , 2-
- — -- — - - _ - - - - - - _ CHAIRMAN ATTEST:-- -- - — _ SECRE ;r:
App.vred by the Cily Cvvncl vI Ine It, of 51. Joseph this - - day of _______________
SJE , —11 SURVEYDR
—-------------------------- -
sTEaFNs —TY SOP —OR, MINNfsoiA ucfNsf NUMNER____—___
f.oA se ee. Aoo- la es�anf me Iane ees— h— a e pale I,, . PI,
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Westwood
Professional Services, Inc.