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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 2 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. 3 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: 5 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 I I I I I I _J I I Y A I I 'R eeyw I I I C I ( L _ _I_ �/ I B R STREET AS /LYNX RGAD � / � I 7 'kw n Ewo-xwur- I alsmu��c6.�Aoeo ioCrs IOWTlI.OT A,-- 2 F> C� II _ I l I I ( I 5 I I I s�S .. I 7 - � ( I I E - - I I I t, - I v✓„ v� ✓ � J o^v I t^ I I 11 D _T- J.: L_� _� e IiALE, STI DALE STREET •. nr i �e�wN gywpaa�nra I- WWestwood Processional Services, Inc. j­----- 3].Ilua4 MN �!siU3M1, xe ufi vnan.:a»za-cress r.c szax3arx2 �' IP"Pand fle L— — — — — — — — - LANCER STREET UL------ o4 I I ,t I I �- I F` J [Jj t C,U I �) I I ci 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 O6.D 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 r� I I to aeo ff I "IIIIIII tit000- LEGEND � wt'rs�a ,� srmM.n cosr '7 cu'tm'mz j �r ,a eoaex ealc e� —TAR M memavc eav fl xrorwur� O ~� Liberty Pointe Viking Development PURD no W sNit26 S-01 Sidra sot &. Jo:ph, 2nmmala wine rw*, Mier-te s616'r Coll 48 Haurs before digging: GOPHER STATE ONE CALL Twin City Are. 651-4510002 Me. To11 Erae 1-800-252-1166 Intermediate L.- Townhome Lot a aaw�m t�atFaaa sE eY- � NInMWm tat'hMM _,.a. come oixemm -..- NE1uN0 wa� naaWaus s.�w'ncA' X 0' 100' 200' .0, zaourss�cm.o.a la w II/20/02 sb.ae I oe 1 Illustrative Site Plan & Preliminary Plat LIBERTY POINTE 3RD ADDITION IST n i�JSIfJ._.:S — — c_ J— — — — — o• sorm' ua• o DaY Ew �sss c --�- — — — — —— —p lu'+-w 8scoeo osTancrwev veaJ� \� s[rnoNlL lawrtrswrnABANccaawtalM®me J�ww'w �'''' F� / /�` � 1 *� \\ v��°.v m Fs TY LU LU c.�l r l L1i_r�I^L \ V i / J / \\��Er3'p LU i Q �/ Z. vi / � ( � ��J2 usmwrmxpx Na rrssgre � cEjOs _• �_iLK/-I r r ,`av ii vIl 1= F �/ �<\ \ Aar LOT 1 \ \ , BLOCK 1 _ 'r i / a° �i8^M� i u� ` u:.rr]/• N"6fANo nmrasEMFN! _---_-- --smrorm'w /.3B rx I wr/a DALE STREET EAST _ /� sN^✓— I v , 589°et'88'W 6]A 13 Saa SJ ss W 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 ---------------- ey------------- - --- i-- --- --- — - --- 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, ----------- --------------------- -SJEARNS LDury JY aUDlJ0.4f]REASUREF OEPUiY AUOITOF%]F£ASUR£R rnnesa/v v •s ms rum --wos -led on Ines — M day o! Na.__------------- rn P/a1 Cabinet .1 IA— I -ER /-----rd m the DInZO o"nol o- a clock er nM�vs Docummr a y Westwood Professional Services, Inc.