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JOSEPH DEVELOPER AGREEMENT (Village at CSB) THIS AGREEMENT, made and entered into this day of , 2012, by and between the Village at CSB a Minnesota limited liability company and Collegeville Communities a limited liability company hereinafter collectively called the "Developer ", and the College of St. Benedict, herein after referred to as the "property owner of Outlot B ", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". RECITALS WHEREAS, the Developer is the owner of certain Real Property as described in Exhibit A (herein after called the "Property" or "Development" or "Development Property"), located within the City of St. Joseph, which is being platted as College 3 Addition, CIC Number 110 A Planned Community Village at CSB, a re- subdivision of Outlot B, Block 1, College 2 Addition; WHEREAS, the Developer intends to subdivide and develop the Property as a phased mixed residential use Planned Unit Development ( "PUD ") consisting of the uses as identified in Exhibit B. All proposed uses will meet the zoning requirements of the St. Joseph PUD Ordinance, Special Use Requirements, and R -4 Townhouse District Ordinance, with modifications to the R -4 Townhouse District Ordinance as approved by the City through the PUD process as set forth herein; WHEREAS, the Developer has submitted to the City for approval the Preliminary Plat drawing and mixed residential use PUD, and drawings listed on Exhibit B and C attached hereto and herein referred to as the "Project "; WHEREAS, it is the intention of the Developer to subdivide and develop the Development Property under the PUD Ordinance by obtaining certain variances to required setbacks in accordance with the R -4 Townhouse District Ordinance and PUD Ordinance of the City of St. Joseph; variances are as follows: 1 A. Variance to front yard setback for Units 1 -15. Minimum setback shall be fifteen (15) feet. B. Variance to front yard setback for Units 17, 20, 21, and 24. Minimum setback shall be twenty (20) feet. C. Variance to side yard setback Unit 16. Minimum setback shall be twenty -one (21) feet. D. Variance to rear yard setback, Units 17 -24. Minimum setback shall be eight (8) to thirty (30) feet E. Distance between buildings (Units 2 and 3, units 4 and 5, units 12 and 13, and units 14 and 15). Minimum distance between buildings shall be not less than 12 feet. F. Setback from nearest structure to the proposed high water mark of storm water pond shall not be less than 37 feet. WHEREAS, the Developer has submitted to the City for approval the Preliminary and Final Plat entitled CIC Number 110, A Planned Community Village at CSB (Plan) and College 3 Addition (Plat) and variance requests providing for a mixed residential development under the PUD Ordinance; and WHEREAS, the Developer has submitted to the City a rezoning request for the subject property from Agricultural to R -4 Townhouse /Patio Home Residential District. WHEREAS, while the Developer has submitted platting documents, the submittal did not include the required landscape plan. Building permits will not be issued until the landscape plan has been submitted and approved by the City Engineer and Public Works Director. WHEREAS, for the purpose of this development agreement, the following terms shall have the following meanings: A. Cottage Home — Residential dwelling unit consisting of eight units with services are specifically as limited and as provided under Mn. Stat. 144D as may be amended. Cottages with services are defined as establishments providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health - related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment. Cottages with services shall be leased within the Village at CSB B. Row homes — one level, single family dwelling units in a series of four attached units each with a separate ingress /egress. Row homes are to be owner occupied within the Village at CSB. C. Twin homes — two attached dwelling units within one structure each sharing only one common, un- pierced wall from ground to roof with each two unit structure being separated from any other building or structure by space on all sides. Separate ingress /egress to each housing unit is required. Twin homes are to be owner occupied within the Village at CSB. WHEREAS, the City's Code of Ordinances requires that the City and the developer enter into a Developer Agreement to provide for inspection and review during the Project and to set forth obligations of the Developer and conditions for development after approval of the final PUD Plan. 2 NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF THE PRELIMINARY PLAT AND MIXED USE PUD PLAN APPROVAL 1.1 Request for Preliminary Plat, Special Use Permit, and Mixed Use PUD. The Developer has asked the City to grant final approval of the Preliminary Plat, Special Use Permit, and Mixed Use PUD Plan for the Project to be constructed on the Property and to grant final approval of a plat for the mixed use final PUD Plan which will be called College 3rd Addition. Approval of the proposed plat and mixed use PUD Plan does not constitute site plan approval for individual structures. A site plan approval is required for all development and shall include, structures, facilities, and fields to be located in the proposed plat/PUD Plan. 1.2 Conditions of Development Plan Approval and Plat Approval. The City, after requisite notice and hearing, has granted final approval of the Plat and Mixed Residential Use PUD Plan and final approval of the project subject to the terms and conditions of this Agreement. 1.3 Scope of Agreement. This Agreement, and the terms and conditions hereof, apply only to the Project. This Agreement does not obligate Developer to construct the Project, but Developer must comply with the Agreement if it goes forward with the Project. If Developer elects not to or is unable to go forward with the Project, or chooses not to rebuild the Project after a fire or casualty, it may propose to the City a new project or development for the Property, subject to the regulations then in effect for development approvals, and the Agreement shall not apply in any manner to such new proposal. 2.0 RIGHT TO PROCEED 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: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the required security for performance of the Developer's obligations have been received by the City; (3) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed, which letter will not be unreasonably withheld or delayed; and (4) the Plat and this Agreement have been recorded with the Stearns County Recorder's Office. 3.0 R -4 TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT 3.1 Intent. The R -4 District is intended for those areas designated as medium and/or high density residential areas or residential planned unit developments under the Comprehensive Plan. The R -4 District shall be developed by Planned Unit Development in accordance with the provisions of Ordinance 52.09, except that the provisions requiring a minimum of twenty (20) acres will not apply. 3 3.2 R -4 Townhouse /Patio home District Ordinance Applicable. The Development must meet all requirements under the City of St. Joseph R -4 District Ordinance, except those specifically modified by the City in accordance with the approval process for the PUD as provided herein, and/or as approved by variance. 4.0 DEVELOPER - CONSTRUCTED PRIVATE IMPROVEMENTS 4.1 The Developer agrees to construct those private improvements itemized below and as illustrated on Exhibit D (hereinafter known as the "Private Improvements "): a) Site grading; b) Building utility services (with regard to extension of municipal services); c) Concrete driveway aprons; d) Erosion control on site; e) Storm water runoff treatment and control on -site; f) Signs designating pedestrian walkway, traffic directional, regulatory, and warning signs in designated parking areas; g) Internal private utilities to include cable television, electricity, telephone and natural gas; h) Internal private sidewalks; i) Permanent turf establishment; j) Median irrigation system and landscaping 4.2 It shall be the obligation of the Developer and CIC to maintain all developer constructed private improvements. The City has no obligation to accept the developer constructed private improvements. 4.3 Project- Specific Requirements for Developer- Constructed Private Improvements a) Development Plan Compliance. All buildings and accessory structures shall be sited and constructed on the Property as shown on the Development Plan referred to as Exhibit C (hereinafter the "Development Plan"), subject to the provisions of this Agreement. Any deviations from the Development Plan in the approved preliminary PUD must be approved pursuant to St. Joseph Ordinance 52.09, Subd. 11 dealing with minor and major changes to an approved preliminary PUD. A minor change to an approved PUD requires a public hearing and shall be 4 incorporated into the application for final PUD approval. A "minor change" means any departure from the conditions of preliminary approval which is not a "major change" and includes, but is not limited to, the following: (i) an increase in the number of structures; (ii) a change in the type of structure (e.g. twin home, row house, cottage; (iii) a change in the square footage of structures proposed; (iv) revisions to location of internal roads; and (v) revisions similar in nature to those listed above as determined by the City. A proposed major change through an approved preliminary PUD shall require reapplication for preliminary PUD approval and any notification regarding such preliminary PUD approval shall describe the proposed major change or changes. A major change is any departure from the conditions of the preliminary PUD approval which would result in any of the following: (i) revisions to the approved design concept; (ii) revisions to the approved uses; (iii) a decrease in the amount of landscaping, and common open space; and (iv) an increase in traffic volumes or change in circulation patterns which impact surrounding development; (v) an increase in density is prohibited. 5.0 DEVELOPER - CONSTRUCTED PUBLIC IMPROVEMENTS 5.1 The Developer agrees to construct those public improvements itemized below and as illustrated on Exhibit D (hereinafter known as the " Public Improvements "): a) Water distribution system including fire hydrants, valves, and appurtenances in Village Loop and Village Court; b) Sanitary sewer collection system in Village Loop and Village Court; c) Storm sewer collection system in Village Loop, Village Court and the public drainage and utility easement across the southeast corner of Lot 1, Block 1, College 3" Addition.; 5 d) Erosion control associated with public improvement construction; e) Bituminous street with concrete curb and gutter on Village Court and Village Loop f) Sidewalk along Village Court and along Village Loop to the trail system on Callaway Street. g) Public street lighting on Village Court and Village Loop. h) Pavement markings and signs designating pedestrian walkway, traffic directional and parking, regulatory, and street name signs; 5.2 Engineering Services. The Developer will retain an engineer satisfactory to the City to prepare complete construction Plans and Specifications for the Improvements. The Developer shall make his engineer aware of the provisions in the Agreement. The Developer's Engineer shall: a) Arrange for soil borings in accordance with Exhibit B and/or such other subsurface investigations as the City may require. b) Prepare construction plans, specifications, and estimate in accordance with Exhibit B. c) Secure all necessary permits including those required by the Minnesota Pollution Control Agency, the Minnesota Department of Health, the Department of Natural Resources, Stearns County, Sauk River Watershed District, or any other regulatory agency that has jurisdiction. d) Provide all necessary construction staking and related survey work. e) Provide construction administrative services on behalf of the Developer, including the following: review shop drawings, coordinate construction staking, monitor permit requirements, monitor site grading and erosion control work designed as developer's responsibility in Exhibit , process applications for payment, prepare change orders, monitor completion dates, coordinate field issues with Contractor and Developer, and participate in final inspection. f) Prepare record drawings. Record drawings shall include locational measurements to all water and sewer mains, manholes, valves, catch basins, and sewer /water services. Developer will submit evidence of site grading to include conformance of house pad elevations with the grading plan. 5.3 The City Engineer shall: a) Provide such City project standards, including special details, insurance requirements and specifications, as the City may require. 6 b) Review and recommend acceptance of Plans and Specifications. c) Provide a City Representative as a resident project representative (RPR) for public improvement construction observation throughout the construction period. d) Assist the Developer's engineer in collecting field information for use in preparing record drawings for the publicly - dedicated improvements. e) Conduct a final inspection and review final construction documentation. 5.4 Cost Escrow: The Developer shall bear the cost of the above noted City Engineering services, consultant services, City Attorney Services, and City Administrator costs and shall, upon execution of this Agreement, place in escrow with the City cash or irrevocable letter of credit in the amount of $ 5,000 which shall be applied to the payment of the cost of said services. Should the escrowed amount exceed the cost to the City, the City shall return to the Developer all unused funds, including accumulated interest. Should the expense to the City exceed the above amount, the City will notify the Developer of additional amounts to be paid into the escrow account. The Developer shall fund the escrow account in the amount requested by the City within 15 days after notice. No building permits shall be issued until the escrow account is funded as requested by the City. The Developer shall pay a reasonable fee for in -house administration of the development by the City staff and the City's consulting professionals to include but not be limited to engineers, planners and attorneys. City administration will include monitoring of construction observation, consultation with Developer and his engineer on the status of or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests of reduction in security. The Developer shall pay for construction monitoring performed by the City's consulting professionals at their customary hourly rates. Construction monitoring shall include part- or full -time inspection of proposed public utilities and street construction by the City Engineer. 5.5 Insurance. The Developer shall provide evidence of Comprehensive General Liability and Broad Form Property Damage Insurance including contractual coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 aggregate. The Developer's insurance certificate shall be in a form approved by the City, and shall be delivered to the City at least three days prior to the commencement of any work on the Improvements. Such insurance shall remain in full force and effect through the end of the warranty period described in Section 5.8. The Developer shall cause each person with whom Developer contracts for the construction and installation of any Improvements to provide evidence of insurance. Said coverage shall include Contractor's General Liability, Owner/Engineer Protective Liability, Automobile Liability, Contractual Liability, and Worker's Compensation 7 coverage. The City and the City Engineer shall be named as an additional insured on such policy by endorsement. The Developer shall provide builder's risk insurance if there are any structures to be constructed as part of the development (lift stations, pump houses, etc.). All insurance coverage shall be provided in accordance with City specifications. 5.6 Performance Security. Prior to the actual construction of the Improvements pledged to be constructed by the Developer, then in that event, the Developer shall post with the City a bond, irrevocable letter of credit or dedicated escrow account (the "Security ") in the estimated amount of 1.25 times the City Engineer's Estimate of the likely costs of such improvements, conditioned upon the faithful construction of the improvements according to the Plans and Specifications, and final approval of the City Engineer, and the terms of this Development Agreement. As the improvements are partially completed, the Developer may request the City to release a portion of the Security representing the cost of the completed improvements as determined by the City Engineer, but at all times there shall be Security in an amount of at least 125% of the estimated cost of the unfinished improvements. If the construction contracts are under the control of one Prime Contractor, the Prime Contractor may provide the performance security required by this section. 5.7 Labor and Materialman's Bond. Upon execution of this Agreement, the Developer shall also provide the City with a labor and materialman's bond, guaranteeing the payment of all workmen performing labor or services, and all supplies or materialmen providing materials for the Improvements. This bond shall not be released until the Developer has provided the City Engineer with proof of payment of all laborers and materialmen in the form of release, signed receipts, or lien waivers. If the Developer contracts with a single Prime Contractor and all construction contracts are under control of the Prime Contractor, the Prime Contractor may provide the laborer and materialmen bond required by this section as long as the Prime Contractor agrees to waive any lien rights for the labor and/or material provided by the Prime Contractor. 5.8 Warranty Bond. The Developer shall fully and faithfully comply with all the terms of any and all Contracts entered into by the Developer for the installation and construction of all The Improvements and hereby warrants and guarantees the workmanship and materials for a period of two years following the City's final acceptance of the Improvements. In addition to the Security required by Section 5.6 herein, the Developer hereby warrants and shall post a warranty bond, warranting the condition of the materials and workmanship of the improvements for a period of two years following the City's final acceptance of the Improvements. If any claims are made in writing within the warranty period, the bond shall not be released until such claims are resolved. 5.9 Rights of Way. Developer shall dedicate to the City as platted right -of -way or perpetual easement all rights -of -way necessary to install, operate, and maintain the Public Improvements prior to being granted the right to proceed in accordance with Paragraph 2.0. 8 5.10 Damage to City Infrastructure. Developer shall promptly repair, at the Developer's expense, any damage to the City's existing infrastructure. Repairs shall be to original condition or better. 5.11 Ownership of Improvements. The Public Improvements will become the property of the City when they have been accepted for maintenance 6.0 PROJECT PHASING 6.1 Two Phased Development. The project will be constructed in two (2) phases: 6.2 Phase One. Phase One shall consist the total number of structures and volume /type of units as identified in Exhibit B. a) Construction of 16 owner occupied units comprised of twelve (12) twin homes (six structures) anticipated to begin in the summer of 2012 and to be completed by December 30, 2012 and construction of four row homes to begin in late 2012 and be completed June 30, 2013; b) Construction of an eight (8) unit cottage (housing with services') and four attached garages. When phase two is constructed four garages will be constructed to serve the Phase One eight -unit structure. 6.3 Phase Two. Phase Two shall consist of the total number of structures and volume/type of units as identified in Exhibit B. a) Phase Two construction is anticipated to begin in 201 b) Prior to development of Phase Two the Developer must meet the following conditions /requirements. i. Site Plan. Prior to construction, the Developer must submit to the City final grading, drainage and storm water treatment, street and utility construction plans and specifications for review. The Development lans must be consistent with the approved PUD Plan and attached as ii. Landscape Plan. A unified landscape plan must be approved by the City. The landscape plan must illustrate a buffer from the existing residential area to the east of the property, 6.4 Final PUD plan/plat approval shall be as defined by City Ordinance and shall not require a public hearing unless a "major change" as defined under this Agreement is contemplated. Site plan and building permit approval shall be subject to approval of each phase of the final PUD Plan/Plat. All phases of the Project shall conform to changes in City Ordinances relating to use of land (i.e. zoning) and/or platting of property (i.e. Subdivision), and/or planning documents (i.e. comprehensive plan, trail /sidewalk plan, 9 transportation plan, water /sewer comprehensive plans, etc) that are placed into effect two (2) or more years after execution of this Agreement. In the event Phase Two does not receive final PUD plan/plat approval (i.e. converted from Outlots) within five (5) years of the date of this Agreement, preliminary plan/plat approval shall become null and void for portions of the Project not receiving final PUD plan/plat approval. 7.0 PROJECT COMPOSITION, BUILDING, AND ARCHITECTURAL DESIGN. 7.1 Building Code Compliance. All buildings and accessory buildings shall be constructed in accordance with the Minnesota State Building Code as adopted and modified by the City Code. 7.2 Site Preparation. The Developer shall comply with erosion control methods ordered by the City for the prevention of damage to adjacent property and the control of surface water runoff. As the Development progresses, the City may impose additional erosion control and storm water management requirements if in the opinion of the City Engineer such requirements are necessary. 7.3 Building Elevations. The building elevations of the proposed mixed residential units shall not exceed two (2) stories or 35 feet as defined and measured in accordance with the City Ordinance. 7.4 Building Exterior. a) The exterior of the buildings shall feature cement board siding of various textures, restricted color palette, cedar garage doors, and elaborate front porches. b) No exterior wall shall have a single exterior wall longer than forty (40) feet without an offset in the vertical or horizontal surface. 7.5 Maximum Density. The maximum density per twin home residential structure shall not exceed two (2) units per structure. The maximum density of the row homes shall not exceed four attached single family units. The maximum density of the cottage homes with services shall not exceed eight units per structure. The overall density of the development shall not exceed 5.39 dwelling units per acre. 7.6 Age Restriction. Occupancy shall be limited to people over age fifty five (55) and management staff for the supervision of the services provided. 7.7 Ingress /Egress to Property. The Developer shall construct two methods of ingress /egress to the Development. The Developer shall install a temporary cul -de -sac and associated street and drainage easement shall be planned across a portion of Village Loop and Outlot B. Both ingress /egress points to Callaway Street must be completed before issuance of a certificate of occupancy for any structure within Phase Two. The ingress /egress shall be constructed to meet City Street design standards to include B618 concrete curb and gutter. 10 7.8 Parking Standards. The Developer shall provide two off - street parking spaces for each residential unit. Prior to issuance of a certificate of occupancy each unit shall have two (2) designated off - parking spaces. The parking for the Cottages (8 unit dwelling), shall only be required to have one (1) parking space per unit as the facility functions as assisted living and one (1) parking space is adequate. 7.9 Accessory Uses. The Development will contain The Development will contain free- standing accessory garage units for units 7 -10 and units 17 -24 in Phase One as illustrated in the preliminary plan. Said garage units shall meet the design standards including in Section 7.111 above relating to exterior building materials. Garages shall be clearly subordinate to the principal structures and in harmony with the intended aesthetics of the entire development. 7.10 Fire Hydrant/Fire Access and Lock Box. Fire Hydrants must be located as indicated on Exhibit _ Before issuance of a Certificate of Occupancy, all buildings must have installed a Fire Lock Box approved by the Building Official. 7.11 Landscaping. The Developer acknowledges a suitable landscape plan was not submitted in conjunction with a request for preliminary /final plan/plat review. The Developer agrees that prior to the issuance of a building permit the Developer shall submit a unified landscaping plan for the entire development to be approved by the City. The landscape plan shall be consistent with the "generous landscaping allotment for the Village" and "lots of green space" as included in the plan/plat submittal documents. The Developer shall complete all landscaping as illustrated on the accepted landscape plan for each phase, prior to the issuance of a certificate of occupancy. The Landscape Plan must meet the requirements of the City Code. 7.12 Lighting. The Developer must provide lighting to illuminate centralized parking and access roads. Lighting shall be provided in accordance with the City Code. 7.13 Signage. The Developer will provide signage as required by the City. 7.14 Roof Pitch. A minimum roof pitch of 4:12 shall be required for all principal and accessory structures. 7.15 Severe Weather Shelter. The Certificate of Occupancy for the residential facilities will not be issued until the severe weather shelter is completed and approved by the Building Official. The Severe Weather Shelter may be incorporated into the dwelling structure provided it meets the requirements of the MN State Building Code. 8.0 PROJECT SPECIFIC REQUIREMENTS 8.1 Park Dedication Requirements. The Developer shall provide the following: 11 a) Sidewalk. The Developer shall construct a minimum six (6) foot -wide sidewalk adjacent to the cul -de -sac and the street connecting to Callaway. The sidewalk must connect to the trail at Callaway. i. The on -going maintenance and snow removal shall also be the responsibility of the Property Owner. b) Park Dedication Fee. The Developer shall pay the City Park Dedication Fee as follows: i. Phase One will consist of six (6) two unit patio homes (16 units), one row home (four units), and one eight unit facility. Each unit has a park dedication value of $ 975 resulting is a $ 27,300.00 fee. ii. Phase Two will consist of eight (8) two unit patio homes (16 units) and one eight unity facility. Each unit has a Park Dedication fee of $ 975 resulting in a $ 23,400.00 fee. 8.2 Storm Development Fee. The property is subject to the Storm Water Development fee which is $0.20 per square foot of developable property. a) Developable Property. Developable property includes the entire development area, excluding wetlands and public street rights -of -way. b) Net Credit. The Developer will be given credit for acceptable storm water infrastructure expenditures placed into the City storm water system as approved by the City Engineer. The Developer shall not be entitled to storm water credits for storm water infrastructure costs paid by the City. c) Balance of Improvements. For the purpose of determining the storm water development fee, the acreage for all property, less the right -of -ways is 333,430 square feet equating to a storm water fee before credits of $ 66,686.00. 8.3 Utilities. Facilities constructed within the development shall be required to connect to the municipal water and sanitary sewer system and shall pay connection fees as established in Ordinance 44. 8.4 Street Median. The Developer/Property owner shall be responsible in perpetuity for the upkeep and on -going maintenance of all vegetation located in the center median in loop. 12 9.0 GENERAL TERMS AND CONDITIONS 9.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees, to be fixed by the Court, in the event that suit or action is brought to enforce the terms of this Agreement. 9.2 Proof of Title. The Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that the Developer's interest in the Development is fee owner. Prior to execution of this Agreement, the Developer shall provide the City with a title opinion prepared by a licensed attorney and directed to the City stating the condition of title of the property, or other proof of title acceptable to the City in the form of a Title Commitment issued by a Title Insurance Company. 9.3 Binding Effect on Parties and Successors. The terms and provisions of this Agreement shall be binding upon and accrue 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 Development and shall be deemed covenants running with the land. Reference herein to Developer and/or Property Owner, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Development and all recording fees shall be paid by the Developer. 9.4 Notice. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand, or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City at: City Administrator City of St. Joseph P.O. Box 668 St. Joseph, MN 56374 If to the Developer at: Villages at CSB 15 E Minnesota Street #104 St. Joseph, MN 56374 If to the Property Owner College of St. Benedict (Outlot B) Attn: Sue Palmer 37 College Avenue N St. Joseph MN 56374 9.5 Incorporation of Documents by Reference. All general and special conditions, plans, special provisions, proposals, specifications, and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 13 9.6 Indemnification. The City and its officers, agents, and employees shall not be personally liable or responsible in any manner to the Developer and/or Property Owner of Outlot B, contractor or subcontractors, materialmen, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes any action of any kind or character whatsoever arising out of or by reason of the execution of this Agreement, or the design, performance, plat approval, development of the property and completion of the work and the improvements to be provided by the Developer pursuant to this Agreement. The Developer shall hold the City, its officers, agents and employees harmless from claims by third parties, including but not limited to other property owners, contractors, subcontractors, and materialmen, for damages sustained or costs incurred resulting from plat approval, development of the property and completion of the development of the Property. The Developer shall indemnify the City for all costs, damages, or expenses, including engineering and attorney's fees, which the City may pay or incur in consequence of such claims by third parties. 9.7 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and/or inspections deemed appropriate by the City during the development of the Property. 9.8 Streets. a) During any period of spring weight restrictions, when the streets within the development have the first lift of pavement, but prior to final acceptance of the improvements by the City, the Developer shall post signage at each entrance to the Property as notice restricting access to vehicles with an axle weight of seven tons or less. b) The Developer shall promptly clean any soil, earth, or debris from streets in or near the Development resulting from construction work by the Developer or its agents or assigns as often as necessary and as directed by the City for public safety and convenience. In the event the Developer fails to clean the streets within 48 hours of the direction of the City, the City may undertake the work and seek reimbursement from the security provided by the Developer as set forth in this Agreement, or alternatively, assess the cost against property owned by the Developer within the City. c) Any damage to existing City streets due to construction activities within the development shall be repaired to the satisfaction of the City at the Developer's expense. 9.9 Erosion Control. The 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 for construction activities. 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 14 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. The Developer shall deposit with the City a security deposit or irrevocable letter of credit in the amount of $5,000.00 to secure performance of this provision 9.10 Site Grading. a) Site grading shall meet all of the requirements set forth in the City's Development Manual, and in the General Storm Water Permit for construction. b) When the site grading has been completed: 1. The Developer shall verify The Developer shall verify by field survey that the site grading has been completed in accordance with the approved grading plan submitted with the preliminary plat documents, as modified by the construction plans. The Developer shall submit the verified site plan to the City for approval 2. Elevations shall be taken on all lot corners, all building pads, and on drainage breaks, ponding sites, ditches, and swayles. Arrows shall show how the lot is to drain. 3. The approved grading plan shall be come the Development Plan. 4. The Developer shall make the Development Plan that identifies the proposed structure /foundation style available to subsequent owners of the lots purchased from the Developer, and to their builders. Upon completion of the final lot grading by the lot owner, elevations shall closely match those set forth on the Development Plan. 9.11 Time of Performance. The Developer shall install all required improvements for the Development prior to the issuance of building permits by the City, with the exception of the final wear course of asphalt on streets. The wear course on streets shall be installed between June 15 and September 15 the first summer after the base layer of asphalt has been in place for one freeze -thaw cycle. The Developer may, however, request an extension of time from the City. If an extension any extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this timeframe must have the written approval of the City Engineer. 15 9.12 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has fully complied with all the terms of this Agreement and finding that the Developer has completed performance of all the Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City an appropriate certificate of compliance. The Acceptance of the Improvements contracted in accordance herewith by the City does not constitute a certificate of compliance and does not release the Developer from ongoing duties or responsibilities arising under this contract. 9.13 Reimbursement of City's Costs. The Developer shall reimburse the City for all costs, including all reasonable engineering, legal, planning, and administrative expenses, incurred by the City in connection with all matters relating to the negotiation, administration, and enforcement of this Agreement and its performance by the Developer. Such reimbursement shall be made within 14 days of the date of mailing 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 Development, or refuses the issuance of building permits until all costs are paid in full. 9.14 Street Lighting and Signage. Developer shall be responsible for the cost of purchase and installation of street lights and signs. Developer will name all streets in accord with City Ordinance regulations. The improvement shall not be accepted until installation of street lights and signs are completed. 9.15 Platting. The Developer must include all of the Development Property in the final plat of the Development. 9.16 Utility Location. The Developer agrees that all utilities within the Development will be installed underground, including without limitations electrical, telephone, cable television, and natural gas. 9.17 Plat Dedication. Upon approval and execution of this Agreement, the City shall approve the final plat provided it otherwise meets the requirements of the City's Ordinance governing Subdivisions. If the Plat contains the dedication of an easement, the use of property within the area of an easement is specifically restricted by prohibiting the construction of any structure or fence, planting trees or shrubs, or storing of personal property within the area of the easement which could delay, restrict, or impede access within the easement area by a person or vehicle. 9.18 SAC/WAC Charges. Water and Sewer Access Fees are applicable to each dwelling unit and the rate shall be based on the current year fee schedule. Each single family dwelling shall consist of one unit and in the case of the Cottages (8 unit dwelling), eight units shall be charged. The access fees are due and payable upon issuance of a building permit. 16 9.19 Plowing Snow during Winter carry-over. The Developer shall allow one winter to pass after the bituminous base course has been placed before constructing the bituminous wear course. The wear course will typically be placed near the end of the construction season following winter carry -over. The city will plow those streets necessary for reasonable access to lots where building permits have been issued provided the following conditions are met: a) The Developer is current on all requirements of this agreement. b) The "as- built" grading plan has been completed and all grading and erosion control items are current. c) Private utilities have been installed d) All sanitary sewer and water main items have been tested and approved. e) Storm sewer, concrete curb and gutter and bituminous base course have been constructed to project specifications. f) All signage is in place. g) All valve boxes and manhole castings have been set below the surface of the bituminous base course and are accessible (castings will be adjusted with risers before placing the bituminous wear course). Any damage to the curb and gutter or other improvements due to snow plowing operations will be repaired by the Developer before placing the final wear course. The Developer will remove any snow banks or piles that have accumulated due to now plowing operations that restrict access to building sites. Snow Plowing in new developments will typically be scheduled after other existing streets have been plowed. 9.20 Default and Remedies. If Developer fails in any way to perform or observe any covenant, condition, or obligation contained in this Agreement the City may do any, all or any combination of the following: (i) halt all further approvals regarding platting, improvements or issuance of building permits or occupancy permits relating to the Development Property, (ii) seek injunctive relief, (iii) terminate this Agreement and all of the obligations contained herein without terminating Developer's obligation to reimburse the City for costs it has incurred with regard to this Agreement or the Development Property; (iv) draw on or utilize any funds or other security which have been provided to the City pursuant to this Agreement; and/or (v) take any other action at law or in equity which may be available to the City 9.21 Assignment. This Agreement may not be assigned by the Developer except upon obtaining the express written consent of the City. Unless expressly released by the City, the Developer shall remain obligated to fulfill the duties required under this Agreement. 17 9.22 Integration. This Agreement contains all of the understandings and agreements between the parties. This Agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 9.23 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 9.24 The Recitals at the beginning of this agreement are a material part of the Agreement and are incorporated into the Agreement by reference. 9.25 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 9.26 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this Agreement. The Developer is represented by . with regard to this Agreement. 10.0 DEFAULT AND REMEDIES 10.1 Default._ Failure by the Developer to observe and perform any covenant, condition, or obligation contained in this Agreement shall be considered a default by the Developer under this Agreement. 10.2 Right to Cure. The City shall give the Developer written notice of any default under this Agreement. The Developer shall have 10 days in which to cure the default (or in which to commence good -faith efforts to cure if the default is one which cannot reasonably be cured in 10 days). 10.3 Remedies. If an event of default is not cured by the Developer within the applicable cure period, the City may do any, all, or any combination of the following: a) halt all further approvals regarding improvements or issuance of building permits or occupancy permits relating to the Development Property; b) seek injunctive relief; and c) take any other action at law or in equity, which may be available to the City. Signed and executed by the parties hereto on this day of , 2012. 18 ATTEST CITY OF ST. JOSEPH By By Judy Weyrens Rick Schultz City Administrator Mayor DEVELOPER VILLAGES AT CSB By SIGNATORY TITLE STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2012, by Rick Schultz and Judy Weyrens, the Mayor and City Administrator, respectively, of the City of St. Joseph, a Minnesota municipal corporation, on behalf of said City. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL 19 STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2012, by of Villages at CSB a limited liability company executed the above Agreement on behalf of said company. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2012, by of Collegeville Communities a Minnesota limited liability company executed the above Agreement on behalf of said company. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER 20 STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2012, by of the College of St. Benedict a executed the above Agreement on behalf of said company. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER THIS DOCUMENT DRAFTED BY: Thomas G. Jovanovich - 5284X Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, MN 56302 Telephone: (320) 251 -1055 21 EXHIBIT B Lot 1, Block 1 and Lot 1 Phase One will consist of: College 3 Addition Six — Two unit attached Twin Homes (Phase One) One — Four unit attached Row Home Two — Two unit attached garages One — Eight Unit Dwelling One — Four unit attached garages Maximum lot coverage: .89 Acres Open Space requirement: 2.72 Acres Outlot A Serves as green space that is not developable due to College 3 Addition the size of the outlot. Outlot B Phase Two will consist of: College 3 Addition Eight — Two unit attached Twin Homes (Phase Two) One — Eight unit Dwelling Three — Four unit attached garages Maximum lot coverage: .91 Acres Open Space Requirement: 3.08 Acres 22