HomeMy WebLinkAboutRecorded Developer AgreementOFFICE OF COUNTY RECORDER
STEARNS COUNTY, MINNESOTA
Document # 1296880
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Certified, Filed, and/or Recorded on o
08-28-2009 at 03:44 PM
DIANE GRUNDHOEFER
STEARNS COUNTY RECORDER
CITY (3F ST. JOSEPH
DEVELOPER AGREEMENT
(S&A Replat and Development of Graceview Estates 2)
THIS AGREEMENT, made and entered into this ILI` da of f r 2009
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between S&H Partnership, 229 5 Avenue South, Suite 101, St. oud, MN 55301, hereinafter
called "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter
called the "City"
WITNESSETH:
WHEREAS, the Developer is the Owner of certain Real Property known as Graceview Estates 2,
(herein after called the "Property" or "Development" or "Development Property") located within
the City of St. Joseph which is legally described as:
Outlot A, Graceview Estates 2, St. Joseph, Minnesota, according to the plat and survey
on file and of record in the Office of the County Recorder in and for Stearns County,
Minnesota, and which is being replatted as Lots 1 through 12, Block 1, S&H Replat of
Graceview Estates 2.
WHEREAS, the Developer intends to develop the property as a residential mixed use
development consisting of the following residential uses and parcels: Two (2) two and one-half
(2'/z) story apartment buildings connected by a one-story connecting unit, with each building
having 30 units, for a total of 50 apartment units on Lot 1 of Block 1, S&H Replat of Graceview
Estates 2; and ten (10) patio -bay homes (two fourplexes and one duplex) on Lots 2 through 12,
Block 1, S&H Replat of Graceview Estates 2. All proposed uses must meet the zoning
requirements of the St. Joseph Ordinances, to include: Ordinance 52.09, PUD -Plan Unit
Development Overlay District; Ordinance 52.29, R-3 Multiple Family Residence District; and
Ordinance 52.3 0, R-4 Townhouse/Patio Home Residential District. The development on Lot 1,
Block 1 will meet the zoning requirements of the R3, Multiple Family zoning District. The
development on Lots 2 through 12, Block 1 will meet the zoning requirements of the R4,
Townhome/Patio Residential District.
WHEREAS, the Developer has submitted to the City for approval the final plat drawing attached
hereto as Exhibit A (the "Plat") and the Mixed Residential Use PUD plans and drawings listed
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on the attached Exhibit B (the "Mixed Residential Use PUD") and herein referred to collectively
as the "Project";
WHEREAS, it is the intention of the Developer to replat the Property under the St. Joseph PUD
Ordinance of the City of St. Joseph;
WHEREAS, the Developer has submitted to the City for approval the final plat for Lots 1
through 12, Block 1, S&H Replat of Graceview of Estate 2; and
WHEREAS, the City's Code of Ordinances allows the City to require a Developer Agreement to
provide for inspection and review during the construction project and to set forth obligations of
the landowner after approval of the final plat.
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 AND FINAL
PLAT, SPECIAL USE PERMIT AND PUD AMENDMENT APPROVAL.
1.1 Request for Preliminary and Final Plat, Special Use Permit and PUD Amendment
Approval: The Developer has asked the City to grant final approval of the
Preliminary Plat and Final Plat, Special Use Permit and PUD Amendment for the
mixed residential use development which will be called Lots 1 through 12, Block 1,
S&H Replat of Graceview Estates 2.
1.2 Conditions of Development Plan ARProval and Plat A royal: The City, after
requisite notice and hearing, has granted final approval of the Plat, Special Use
Permit and PUD Amendment 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 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 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; (3) the Plat and this Agreement have been recorded with the Stearns County
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Recorders Office; and (4) the escrow required to secure performance of the Developer's
obligations under this agreement in the amount of $5,000.00 has been received by the City.
3.0 RESIDENTIAL PUD
3.1 Intent. The PUD District is intended to control the use and development of land
and improvements by creating a mixed residential uses.
3.2 Mixed Residential PUD. The Development must meet all requirements under
the City of St. Joseph Ordinance No. 52.09, PUD -Plan Unit Development overlay
District; Ordinance 52.29, R3 Multiple Family Residence District; and Ordinance 52.30,
R4 Townhouse/Patio Home Residential District.
4.0 DEVELOPER CONSTRUCTED PRIVATE IMPROVEMENTS
4.1 The Developer agrees to construct those private improvements itemized below
and specifically illustrated on Exhibit G. (hereinafter known as the "Private
Improvements"):
a. Site Grading
b. Water distribution system including fire hydrants, valves, and
appurtenances.
C. Sanitary Sewer Collection System
d. Building Services (with regard to extension of services)
e. Concrete Curb & Gutter and bituminous pavement as it relates to ingress
and egress and parking
f. Erosion Control on Site
g. Storm Water Runoff Treatment and Control on -Site
h. Signs Designating Pedestrian Walkway, Traffic Directional, regulatory,
and warning signs in Designated Parking Areas
i. Permanent turf establishment
j. Construction of a temporary, paved rural road section from_ Elena Lane to
701 Avenue Southeast.
4.2 Project Specific Requirements for Developer constructed Private Improvements.
Development Plan Compliance. All buildings and accessory structures shall be
cited and constructed on the Property as shown on the Development Plan
referred to as Exhibit B (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 incorporated into the application for final PUD approval. A
"minor change" means any departure from the conditions of preliminary
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approval which is not a "major change" and includes, but is not limited to, the
following:
1. an increase in the number of structures;
2. revisions to location of internal roads; and
3. revisions similar in nature to those 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:
1. revisions to the approved design concept;
2. revisions to the approved uses;
3. an increase of greater than 15% in density;
4. a decrease in the amount of landscaping, site perimeter buffering,
and open space; and
5. an increase in traffic volumes or change in circulation patterns
which impact surrounding development.
4.3 Development Project. The development project consists of the construction of
two 2%Z story apartment buildings, connected by a one-story connecting unit, with
each building having 30 units, for a total of 60 apartment units, and the height of
the buildings will be no more than 30 feet, as measured in accordance with the
City Ordinance, with the ground measurement being measured from: 1) on the
non -garage side of the apartment — the height of the grades; and 2) on the garage
side of the apartment, the height of the grade next to the building before
excavation, which measurement height is intended to be four (4) feet above the
surface of the driveway entering the tuck -under garages at the building face. The
Project will also contain ten (10) patio -bay homes (two fourplexes and one
duplex) on Lots 2 through 12, Block 1.
4.4 Building Code Compliance. All buildings and accessory structures shall be
constructed in accordance with the Minnesota State Building Code as adopted and
modified by the St. Joseph City Code.
4.5 Site Preparation. The Developer shall comply with any erosion control method
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 requirements if in the opinion of the City
Engineer such requirements are necessary.
4.6 Building Elevation. The proposed apartment buildings will not exceed 30 feet as
measured in accordance with the City Ordinance, with the ground measurement
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being measured from: 1) on the non -garage side of the apartment —the height of
the grades; and 2) on the garage side of the apartment, the height of the grade next
to the building before excavation, which measurement height is intended to be
four (4) feet above the surface of the driveway entering the tuck -under garages at
the building face.
4.7 Building Exterior. The building exterior shall include at least one material from
each of the following groups: a) Face brick, natural stone, wood textured precast
concrete panels, textured concrete block, stucco; and b} Pre -finished decorative
panels made of metal, vinyl, steel or wood. Any changes in the exterior materials
shall require prior approval by the City Planning Commission.
4.8 Inaress/Earess. Vehicular access to the Property shall be from 4th Avenue SE as
indicated on the site plan.
4.9 Si a e. The Developer must provide detailed site plans for the construction of
any signage and the signs must meet all requirements of the St. Joseph Zoning
Ordinance. The development must include site management signs, such as
pedestrian walkway, traffic directional signs and designated parking areas.
4.10 Liehting. The Developer must provide lighting to illuminate off-street parking
and access road areas as shown on Exhibit D. The Developer shall also provide
street lighting on 4`h Avenue SE at all intersecting access roads. Lighting shall be
provided in accordance with the St. Joseph City Code.
4.11 Parkina Standards. The Developer shall provide off street parking and loading as
set forth in Exhibit B. It is the responsibility of the applicant to provide evidence
that there is enough parking for the various uses proposed for the plat.
Additionally, snow storage cannot occur within any designated parking areas as
set forth in Exhibit B.
4.12 Gradin rainage. The final drainage plans must be approved by the City
Engineer.
4.13 LandscapinpJFencingZScreening. The Development will include landscaping to
include trees, grass, berms, and plantings as shown on Exhibit E. Landscaping,
fencing and screening requirements for new structures shall be considered as part
of the site plan approval for each structure, and the building site plan must be
approved by the City in conjunction with the building site approval process
4.14 Fire Hvdrant/Fire Lane. Fire Hydrants must be located 50 to 75 feet away from
the exterior walls of the building. Before issuance of a building permit the
developer must provide details of fire apparatus access to the back of the building
or details of an automatic fire suppression system.
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4.15 Utility Plan. The Developer must have final utility plans approved by the City
Engineer before issuance of a building permit. The water mains, sanitary sewers,
storm sewers, and related appurtenances will be privately owned and maintained
utilities on the site by the Developer, and it assigns or heirs. The City retains the
right to access the utilities at all times.
4.15 HVACIDumpster. The HVAC equipment and dumpster shall be screened from
view as shown on the Development Plan.
4.17 NPDES/City of St. Jose h SWPPP. At the time of application for a building
permit or site grading and utility construction, a completed storm water
application must be submitted. Before work can begin, a copy of the MPGA
NPDES permit and Storm Water Pollution Prevention Plan (SWPPP) must be
submitted to the City and posted at the job site.
4.18 Fire/Safety Requirement. Project must be constructed to comply with City Code
and statutory requirements.
4.19 Requirements for Buildin2 Permit. No building permit shall be issued for this
Property until the Developer has signed and returned this Development
Agreement, obtained any necessary easements and provided the City with a copy
of the easement documents, submitted any additional information as directed by
the City Engineer, and complied with all conditions set forth in this Developer
Agreement which must be met prior to issuance of a building permit.
4.20 Required Permits. The Developer is required to obtain the following permits
before issuance of the building permit: Minnesota Dept. of Health Water Main
Extension, MPGA Sanitary Sewer Extension, Minnesota Dept. of Labor &
Industry Plumbing Plan Approval, and NPDES Storm Water Permit.
4.21 Requirements for Certificate of Occupancy_. No Certificate of Occupancy shall be
issued for this property until the Developer has complied with all requirements of
this Developer Agreement and has complied with all State and City Building
Codes and Ordinances.
4.22 Construction Schedule. The Developer shall apply for a building permit within
one year of the execution of this agreement. Failure to apply within the one year
period, shall render this Agreement null and void. The improvements shall be
substantial) completed b the first (1st} anniversary of the date the building
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permit for the Project has been issued to Developer, and no later than the second
anniversary of the execution of this Agreement, subject to reasonable extension
for delays due to force majuere causes and material supply shortages beyond the
control of Developer (the "Completion Date").
4.23 Tem.12orM Paved Road from Elena Lane to 7th Avenue Southeast. The Developer
must construct a temporary, paved rural road section from Elena Lane to 7th
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Avenue Southeast before any construction may start. However, the final wear
coat may be applied at the time the parking areas are paved but before the
Certificate of Occupancy is issued.
4.24 Storm Water Treatment Pond. The pipe grade entering the storm water treatment
pond shall be adjusted lower from the rear yard to minimize discharge velocity
and erosion potential. Additionally the Certificate of Occupancy cannot be issued
until the Stormwater Treatment Pond is completed and accepted by the City
Engineer. The Developer, its assigns and heirs, shall provide maintenance for the
storm water sedimentation and infiltration areas and for the site storm sewers.
4.25 Construction Park. All vehicles for construction workers or other persons
working on the project must be parked on the property legally described as Outlot
B, Oraceview Estates (see Exhibit F).
4.26 Spoil Pile Management. The Developer shall provide a spoil pile management
plan before final plat approval. The plan will identify all spoil and stock piles,
including location, material type, and erosion control. At any given time, the
stock piles cannot exceed twelve (12) feet in height and only select grading
material and topsoil may be stored on site. All stock piles must be removed no
later than one (1) year from the date of execution of the final plat.
4.27 Emergengy EmergencyStorm Water Pumping. The Developer acknowledges that the setback
distance between the storm water sedimentation pond and the apartment complex,
duplex patio home, and 9 -unit garage is closer than recommended by the City's
Storm Water Management Plan. Therefore, the Developer, it assigns and heirs,
agrees to maintain a service agreement with a local pumping equipment provider
for emergency pumping services for the building units in the event of flooding.
The pumping services contract shall be provided annually to the City with the
rental license. The Developer further agrees to indemnify the City and its
officers, agents, and employees against claims for damages caused by flooding as
identified in the indemnification provision elsewhere in this agreement at Section
5.5.
4.28 Water/Sewer Access and Trunk Fees. The Developer shall pay WAC and SAC
charges for all structures on the Property to be connected to the municipal water
and sanitary sewer system as determined by St. Joseph Ordinance No. 44. The
City agrees to calculate the apartment SAC and WAC charges as follows: for
permits issued in 2009, using rates for 2008 (See Exhibit G); for permits issued
after 2009, such rates will be the rate for the previous year. The patio -bay home
SAC and WAC charges shall be charged at the then -current rate charged by the
City. Lastly, the SAC and WAC fees are due prior to issuance of the building
permit.
5.0 GENERAL TERMS AND CONDITIONS
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5.1 Title. The Developer hereby warrants and represents to the City, that
Developer's interest in the Development is fee owner.
5.2 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, 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 Property
and/or Project and all recording fees shall be paid by the Developer. If the
Property and Project are sold or conveyed to a third party, and the third party, in
a writing satisfactory to the City, takes an assignment of, and agrees to assume
the obligations of the Developer under, this Agreement, the prior
owner/transferor will, from and after the effective date of the assignment and
assumption, be released from any further obligations under this Agreement;
provided however, that in no event will S&H Partnership be released from its
obligations under this Agreement prior to the City's issuance of a certificate of
occupancy for the Project.
5.3 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/Clerk
City of St. Joseph, P.D. Box 668,
St. Joseph, NIN 56374
If to the Developer at: S&H Partnership
2295 th Avenue South
Suite 101
St. Cloud, MN 56301
Telephone: (320) 251-8284
5.4 Inco oration of Documents bv 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.
5.5 Indemnification. The City and its officers, agents and employees shall not be
personally liable or responsible in any manner to the Developer, contractor or
subcontractors, materialmen, laborers, or to any other person or persons
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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, and completion of the work and the
improvements to be provided by the Developer pursuant to this Agreement and
for flooding and related damages of the storm water sedimentation pond. The
Developer shall hold the City and City Engineer 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 use of Property
to include flooding from the storm water sedimentation pond. 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.
5.6 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.
5.7 Streets.
(a) 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 paragraph 5.10 of this
Agreement, or alternatively, assess the cost against property owned by
the Developer within the City.
(b) 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.
(c) The Developer shall repair at the Developer's expense any structural
damage to the temporary street connection between Elena Lane and 70'
Avenue SE. This responsibility shall survive the issuance of the
Certificate of Compliance under paragraph 5.8 of this Agreement until
such time as the underlying property develops and a permanent street
connection to 7th Avenue SE is constructed.
5.8 Certificate of Com fiance. 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
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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. The issuance of a Certificate of
Compliance does not release the Developer or any Surety from warranty
responsibilities or responsibilities for future improvements or from ongoing
duties or responsibilities arising under this Agreement.
5.9 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. The Developer shall also reimburse the City for
any add -to -construction costs related to the installation of street lighting or private
utilities within the Development. The Developer shall also be responsible for the
cost of acquiring and installing street signage consistent with that used in other
recent developments within the City. 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.
5.10 Renewal of Securily. If any escrow account or bond deposited with the City in
accordance with this Agreement shall have an expiration date prior to the
Developer's obligations hereunder being complete, the Developer shall renew
such security or deposit substitute security of equal value meeting the approval of
the City at least thirty (30) days prior to the expiration of such security. Failure to
post such alternate security or renew such security shall constitute a default and
the City may place a moratorium on all construction or other work related to the
Development, refuse the issuance of building permits, and declare the entire
amount thereof due and payable to the City in cash. Such cash shall thereafter be
held by the City as a security deposit in the same manner as the security
theretofore held by the City.
5.11 Platting The Developer must include all of the Development Property in the final
plat of the development.
5.12 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.
5.13 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
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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.
5.14 Street Lighting and Signage. The Developer shall be responsible for the cost of
purchase and installation of street lights and street signs. The Developer will
name all streets within the Development in accord with City Ordinance
regulations. The improvement shall not be accepted until installation of street
lights and street signs are completed.
5.15 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.
5.16 Inte ation. 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.
5.17 Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
5.18 Governed by_ Minnesota Law. This Agreement shall be interpreted under the laws
of the State of Minnesota.
5.19 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this
Agreement. The Developer is hereby advised to seek independent legal advice
prior to execution of this Agreement.
6.0 DEFAULT AND REMEDIES
6.1 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 the Agreement.
6.2 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).
6.3 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
fol l owing:
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(a) halt all further approvals regarding improvements or issuance of
building permits or occupancy permits relating to the Development
Property;
(b) seek injunctive relief;
(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 , 2009.
CITY:
ATTEST
26-
Ju y eyr s
C' y dministrator/Clerk
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
CITY OF ST. JOSEPH
By
Alan Rassier
Mayor
On this'da of AV2009,before me a notary public within
and for said County, personally appeared Alan Rassier and Judy Weyrens, to me personally
known, who, being each by me duly sworn did say that they are respectively the Mayor and the
City Administrator/Clerk of the City of St. Joseph, Minnesota, the municipal corporation named
in the foregoing instrument, that said instrument was signed on behalf of said municipal
corporation by authority of its City Council and said Mayor and City Administrator
acknowledged said instrument to be the free act and deed of said corporation.
SARAH BIALKE Notary Public
1 NOTARY PUBLIC -. MINNESOTA
My Commission Expires ,Jars . 31, 2414
DEVELOPER:
S&H PARTNERSHIP
Xiv
ex' +
CE o Presid2vtl-
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STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
On this 3A.1 day of A" 2009, before me, a ublPf4'
within and for said County, personally appearedAAW%we"cr N• Nei ♦ !itary
e�alf '�
S&H Partnership, the Developer named in the foregoing instrument, and that said instrument was
signed on behalf of said company by authority of its Board of Governors/Directors and said
resident/CEO acknowled ed said instrument to be the free act an d ed of said corpor tion.
JOHN R. KOCH
NOrI'IMitl PUBLIC-MIHNES0�1l►
My Com. Exp. Jan. 8t, 2oto Not P lic
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THIS INSTRUMENT WAS DRAFTED BY:
Thomas G. Jovanovich — 5284X
Rajkowski Hansmeier Ltd.
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, Minnesota 56302
Telephone: (320) 251-1055
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DETOUR & SIGNAGE PLAN & LEGEND
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EXHIBIT F
n Map
Graceview Estates -Parking Area
Page 1 of 1
5 cR `
sM1 �, ._ �-.�. .--yam i--- k 5 810
�F
511 ?' 517 5 1 807 815 � i + I
._s- r _ $11 r 703 � _ } +r . 202 708 712 004/ ..�� $04
1. _. 5f�9 ti— L— 519 ' 8Q3 �._ _ .r---� 749
�-
r. � 713 = F 247:-
�:.. 13RAr Y— .206
�2 1 X19 ��.505-L, 51� 524 �i�5 ��P '7'15 ! 711 717 ��5 FGr� ���+•
A �y *y p �j ♦ �y 90 7
—4 �....� k. 41 �I. 604 6 1X41 ' 4 L O f L 1 V
Bair 544 �� 819 744 + s
- �. -,.� 744 -
UR
——.�.,.�, - r
-pw 502 = 543 - 620 +
235 �+ �►- F a X06
54+8 � 301 90 342
.� 241.�,^�y + 515 , � 302 � � T 1 � +
510' J
.�
.517 - -- 307 � 308 309
45 r 514 $41
d 528 '
e • , , � ° ~---,. 530541 5 , X 348 1711 717 310 311
. .. ....805
+�d y 549 807
3 +} y
-�K i 3 1 3
a�
r--..--- 534 544 808 —7'E ilALk S i d UA_ L S F
d�+ f 314 315
309 rr► 31 � � SA$ t 844 � t �..
------- 802 80
315 31$ .... i 316 718 > 442 401
_Jj2- �•
32.1 rr
�'� At. 1 M ^~ 80T ' 44$ 9Q5 405
325 'Y y 3 34 -.sq T 32$ 809DAL
. ti.. 348 outlet B350 %, Graceview Estates 332r. 3 r DALE
is_L r r Pa rking Area -- r
x.L s -3 �f 814 8T12;814 944 9481910
;331333343 . . / 1 338I
�' �'• 358. — , � ,
1 Ff.P y 71 0 708
414 448
1 41$
409
Project F 4? 3? 415 y 418
Area
1424
512 , �., t4�'
s - '
' 504 508 , ,518 520 524 N 4�5 2 422
. 459 OL...�---�--�
426
.tiryy
',457 �� •. J
519 � , �ti,,_ . 455 � � ••
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438
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430
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's. E 426
r"44 4J$� 417 414'418,' 422
Crit 0 8JEH 2
Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be
used as one. This map is a compilation of records, information and data from city, county, state
and federal offices, and is to be used for reference purposes only.
https://portal.sehinc.com/sehsvc/html/dvo/mapLayout.htm SCR22- of 7/27/2009
■
4 f
City of St. Joseph
EXHIBIT G Water / Sewer Access Charge (WAC/SAC) - Non Residential
Project Name 5 & H Partnership (Graceview Apartments)
Please check one rx— New Building F- Alteration (Change in Use)
of the following:
Demolition with new use F- Demolition Declaration Only
T:.
R1 Calculation of Trunk Sewer/Water Fees
U
f.4
K
Proposed occupant S & H Partnership
Site Address Only Valid if construction begins in 2009
Calculation of Water Access Charge
Print Form
P Addition
Type of Business 60 Unit Apartment Complex
Total Square Footage
[X— Applicable, select type of Facility
Not Applicable
Units/
Square Feet
Facility
Parameter
Value
Number of
Parameters
Value of
Parameters
60
Multiple Family Residence
1
60
234,000
Trunk Sewer
1
0
$ 0.00
Subtotal
$ 0.00
Water Access Fee per parameter 3,940
Subtotal 234,000
Calculation of Sewer Access Charge FX-. Applicable, select type of Facility
f Not Applicable
Units/
Square Feet
Facility
Parameter
Value
Number of
Parameters
Value of
Parameters
60
Multiple Family Residence
1
60
120,000
Trunk Sewer
0
$ 0.00
Subtotal
$ 0.00
Subtotal 120,000
Sewer Access Fee per parameter 2,000
F-- Applicable, select type of Facility rX-- Not Applicable
CREDITS - If this project includes property that has
previously paid WAC/SAC fees, please complete the
Application for WAC/SAC credit.
Determination made by Judy Weyrens
Less Credits
Total Development Fees 354,000
Date July' 24, 2009
SCR c�k"5. of,--,P-LA,
Name of Lift Station
Fee Per
Unit/Acre
Units /
Acres
Total
Fee
Trunk Water
Trunk Sewer
Subtotal
CREDITS - If this project includes property that has
previously paid WAC/SAC fees, please complete the
Application for WAC/SAC credit.
Determination made by Judy Weyrens
Less Credits
Total Development Fees 354,000
Date July' 24, 2009
SCR c�k"5. of,--,P-LA,
City of St. Joseph Pint Form
Water 1 Sewer Access Charge (WAC/SAC) - Non Residential
Project Name S & H Partnership (Graceview Apartments)
Please check one Fx- New Building F Alteration (Change in Use) Addition
of the following:
F Demolition with new use F- Demolition Declaration Only
Proposed Occupant S & H Partnership Type of Business 60 Unit Apartment Complex
Site Address Fees if construction begins in 2010 Total Square Footage
Calculation of Water Access Charge rx- Applicable, select type of Facility Not Applicable
Units/
Square Feet
Facility
Parameter
Value
Number of
Parameters
Value of
Parameters
60
Multiple Family Residence
1
60
246,000
Trunk Sewer
1
0
S 0.00
Subtotal
$ 0.00
Water Access Fee per parameter 4,100
Subtotal 246,000
Calculation of Sewer Access Charge
Units/
rX- Applicable, select type of Facility
Not Applicable
Square Feet
Facility
Parameter
Value
Number of
Parameters
Value of
Parameters
60
Multiple Family Residence
1
60
132,000
Trunk Sewer
1
0
$ 0.00
Subtotal
$ 0.00
Sewer Access Fee per parameter 2,200 Subtotal 132,000
R Calculation of Trunk Sewer/Water Fees Applicable, select type of Facility X Not Applicable
t�
u
E s.
CREDITS - If this project includes property that has
previously paid WAC/SAC fees, please complete the
Application for WAC/SAC credit.
Determination made by Judy Weyrens
Less Credits
Total Development Fees 378�000
Date July 24, 2009
SCR cP Hwor--r-12�
Name of Lift Station
Fee Per
Unit/Acre
Units 1
Acres
Total
Fee
Trunk Water
Trunk Sewer
Subtotal
CREDITS - If this project includes property that has
previously paid WAC/SAC fees, please complete the
Application for WAC/SAC credit.
Determination made by Judy Weyrens
Less Credits
Total Development Fees 378�000
Date July 24, 2009
SCR cP Hwor--r-12�