HomeMy WebLinkAbout[12] S & H LitigationMEDIATED SETTLEMENT AGREEMENT
DENTITIONS
"City" means the City of St. Joseph, Minnesota., and its successors, agents and assigns.
"S & H" means S & H Partnership and its successors, agents and assigns.
"Pond View" means Pond View Ridge, LLP and its successors, agents and assigns.
"Development" means the Graceview Estates development project in the City.
"Lawsuit" means the action entitled S & H Partnership, et al vs, the City of St. Joseph,
venucd in Steams county district court.
"Apartments" means the apartment complex planned to be constructed by S & H on Outlot
A, Graceview Estates, Plat 2, of the Development, which outlot is depicted on Exhbit A
attached hereto as outlot C.
"PatioBay Homes" means the series of units planned to be constructed by S & H on Outlot
A, Graceview Estates, Plat 2, of the Development, which units will be built easterly of the
Apartments.
TERMS
In order to settle that portion of the Lawsuit between S & H and the City, but preserve that
portion of the Lawsuit remaining between Pond View and the City, the parties hereto agree
to the following terms:
1) Apartments. S & H will be permitted to build apartment buildings which meet the
follawing requirements, conditions and understandings:
a) Two 2 '/i story apartment buildings, connected by a 1 story connecting unit,
with each building having 30 units for a total of 60 apartment units;
b) The layout of the buildings will be as approximately depicted in Exhibit A;
c) The buildings will have tuck-under garages on one-side, with the driveways to
the tuck-under garages recessed 4 feet below existing grade;
d) The tuck-under garages may be placed on either pond-side or street-side;
e) The height of the buildings will be no more than 30 feet as measured by the
City ordinance, with the ground measurement being measured from: (1) on the
non garage side of the apartment -the height of the grade; and (2) on the garage
side of the apartment - the height of the grade next to the building before
S&H and Pond Yew vs. St. Joseph Mediated Settlement AgreemeYtt
excavation, which measurement height is intended to be 4 feet above the
surface of the driveway entering the tuck under garages at the building face;
fj To fit the buildings into the site, the City understands that paved surfaces may
need to intrude into the drainage easement for the retention pond shown on
Exhibit A. S & H understands it will have to still meet the stormwater storage
requirements for the buildings as now to be designed;
g) S & H will submit the required site plan materials for the Apartment to the City
Planning Commission for review and engineering approval pursuant to this
Agreement, but none ofthe issues addressed in this Agreement are subject to
further negotiation without both parties' agreement; and
h) S & H, at its expense, will construct a temporary rural road section paved road
from Elena Street to 7`~ Ave. SE prior to the issuance of a Certificate of
Occupancy for the Apartments.
2) SAC &WAC rednction. The City agrees to calculate Apartment SAC &WAC
charges as follows: for permits issued in 2009, using rates for 2008; for permits issued
after 2009, such rates will be the rate for the previous year.
3) Patio/Bay Homes. S & H may construct ten patio/bay homes (two fourplexes and one
duplex} on outlot A of the Development, consistent with current plans before the City.
4) Contingency -City Council Approval The undersigned representatives of the City
agree to recommend approval of all the terms of this Agreement to the City council in
good faith, but this Agreement is contingent upon City council approval of its terms. If
the City does not approve all of the terms of this Agreement, or if the site plan or a
development contract is not approved by the City for the Apartments or the PatioBay
Homes, this Agreement shall be void and S & H's sole remedy is to resume its
prosecution of the existing Lawsuit.
5) Dismissal. Upon approval of this Agreement by the City Council, approval of the
Planning Commission of the Apartments and PatioBay Homes, and execution of a
development agreement between S & H and the City, then S & H will dismiss its
portion of the Lawsuit with prejudice without costs or attorney fees to either S & H or
the City.
6} Reservation of Pond View Portion of Lawsuit. Pond View expressly retains its
rights to proceed with that portion of the Lawsuit not specifically related to the
Apartments, and in particular, and without limitation, its request for relief as set forth
in the Complaint in the Lawsuit.
S&H and Pond View vs. St. Joseph Mediated Settlement Agreement
7. Binding Agreement Subject to the foregoing contingency, this is a binding
agreement and contract, and pursuant to Minn. Stat. § 572.35, the parties were advised
in writing that: (a) the mediator has no duty to protect the parties' interests or provide
them with information about their legal rights; (b) signing a mediated settlement
agreement may adversely affect the parties' legal rights; (c) the parties should consult
an attorney before signing a mediated settlement agreement if they are uncertain of
their rights.
Dated: May 4, 2009
The City of St Joseph, Minnesota
S&H
By ,Partner
Pond View Ridge, LLP
B ob Herges, Partner
Dale Wick, Council M er
AI Rassier, Mayor
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